Terms and conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: The period within which the consumer can exercise their right to withdraw from the contract, which is generally 14 calendar days, starting from the day after the consumer receives the product(s) or the last product in the case of a series of products.

  • Consumer: A natural person acting for purposes outside their trade, business, craft, or profession who enters into a distance contract with the entrepreneur.

  • Day: Calendar day.

  • Durable medium: Any medium that allows the consumer or the entrepreneur to store information addressed to them in a way that makes it accessible for future consultation and unchanged reproduction. This includes paper, emails, or PDFs.

  • Right of withdrawal: The legal right of the consumer to cancel a contract within the cooling-off period, typically without providing any reason.

  • Entrepreneur: A natural or legal person who offers products and/or services to consumers at a distance.

  • Distance contract: A contract concluded between the entrepreneur and the consumer under a distance selling system, where the parties are not physically present together, using a means of communication (e.g., online, via telephone).

  • Technique for distance communication: Any technique that allows the conclusion of a contract without the consumer and entrepreneur being in the same place (e.g., telephone, email, online).

  • General Terms and Conditions: These general terms and conditions that regulate the relationship between the entrepreneur and the consumer.

Article 2 – Identity of the Entrepreneur

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and every distance contract or order concluded between the entrepreneur and the consumer.

  • Provision of Terms: Before the contract is concluded, the entrepreneur must provide the consumer with the text of these general terms and conditions. If this is not possible, the entrepreneur must inform the consumer of the availability of the terms at the business's premises or online and must send the terms to the consumer free of charge upon request.

  • Electronic Contracts: If the agreement is concluded electronically, the terms and conditions should be made available to the consumer electronically, allowing easy storage and future access on a durable medium, such as a PDF.

  • Amendment of Terms: If one or more provisions of these general terms and conditions are found to be invalid or unenforceable, the remaining provisions remain valid, and the invalid provision should be replaced with one that comes closest to the original intent.

  • Uncertainty: If any ambiguity exists about the interpretation of one or more provisions, it should be interpreted in a way that aligns with the spirit and intent of these terms and conditions.

Article 4 – The Offer

  • Valid Offers: If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer.

  • Non-binding Nature of Offers: The offer is non-binding, meaning the entrepreneur has the right to modify or cancel the offer at any time before acceptance.

  • Offer Details: The offer will contain a complete description of the products or services being sold. The description must be detailed enough to enable the consumer to make an informed decision. If the entrepreneur uses images, these must be accurate representations of the products or services offered, though the entrepreneur cannot guarantee that the displayed colors match the actual colors of the products.

  • Additional Offer Information: Every offer will include:

    • The price, excluding customs clearance and import VAT.
    • Shipping costs, if applicable.
    • The method of concluding the contract and any actions required.
    • Whether the right of withdrawal applies.
    • Payment, delivery, and performance details.
    • The period within which the offer can be accepted.
    • Communication charges, if applicable.
    • Whether the contract will be archived and how the consumer can access it.
    • Details on how the consumer can verify and correct the data before concluding the agreement.
    • Available languages for concluding the agreement.
    • Any applicable codes of conduct the entrepreneur adheres to.

Article 5 – The Agreement

  • Conclusion of Agreement: The agreement is concluded when the consumer accepts the offer and fulfills the conditions outlined in the offer.

  • Confirmation: If the agreement is concluded electronically, the entrepreneur will confirm receipt of the consumer’s acceptance without delay. This confirmation may be in the form of an email.

  • Security Measures: The entrepreneur will take all reasonable technical and organizational measures to secure the electronic transmission of data and to provide a secure environment for payment processing.

  • Consumer Verification: The entrepreneur may verify the consumer’s ability to fulfill their payment obligations. If the entrepreneur has good reason to believe that the consumer cannot meet their obligations, they may refuse the order or impose special conditions on the agreement.

  • Contract Information: When delivering a product or service, the entrepreneur must provide:

    • Contact details for complaints.
    • Information about the right of withdrawal and conditions for its exercise.
    • Information about warranties and after-sales service.
    • The information provided in Article 4(3), unless already provided earlier.

  • Article 6 – Right of Withdrawal

    • Right to Cancel: The consumer has the right to cancel the agreement within 14 calendar days, starting from the day after receiving the product(s). This right is extended to all products purchased through distance contracts, including those purchased online, by phone, or by mail order.

    • Notification of Withdrawal: To exercise the right of withdrawal, the consumer must notify the entrepreneur of their decision to cancel the contract within 14 days of receiving the product(s). This notification can be made via a clear statement (for example, an email, letter, or contact form on the entrepreneur's website) containing:

      • A statement expressing the wish to cancel the agreement.
      • A clear description of the product(s) purchased.
      • The date of purchase and delivery.

      The entrepreneur must confirm the receipt of this withdrawal request promptly and in writing (via email or another durable medium).

    • Handling the Product: During the cooling-off period, the consumer must treat the product and packaging with care. If the consumer has opened or used the product, it may affect the refund amount or even disqualify them from a full refund. The product should be returned unused, unopened, and in its original packaging whenever possible.

    • Consumer’s Responsibility: If the consumer exercises their right of withdrawal, they must return the product(s) within 14 days of notifying the entrepreneur. The product must be returned in its original condition, without damage, and without having been used in a way that goes beyond inspecting the product in the same manner as they would in a store.

    • Return Shipping Costs: The consumer will be responsible for the return shipping costs unless the entrepreneur has agreed to cover them. The entrepreneur must clearly specify whether return shipping costs are to be paid by the consumer.

    • Refunding the Consumer: The entrepreneur must refund the consumer for the returned product(s) within 14 days of receiving the returned item or receiving proof that the item has been returned. This refund must include the full price paid for the product(s), excluding any additional costs for shipping (unless the entrepreneur has agreed to cover these costs). The refund will be made using the same payment method as the one used by the consumer for the original purchase, unless the consumer expressly agrees to a different method.

    • Exclusions to the Right of Withdrawal: There are some exceptions to the right of withdrawal:

      • Products made to the consumer’s specifications or clearly personalized (e.g., engraved items, custom-made products).
      • Products that deteriorate or expire quickly (e.g., perishable goods like food and cosmetics).
      • Sealed products that are not suitable for return once opened for health or hygiene reasons, such as underwear or beauty products (where the seal has been broken).
      • Digital content or software that the consumer has downloaded, provided that the download has been completed with the consumer's prior consent and acknowledgment of the loss of the right of withdrawal.
      • Services that were performed with the consumer’s express consent before the cooling-off period expired.

    Article 7 – Costs in Case of Withdrawal

    • Return Costs: In case of withdrawal, the consumer is generally responsible for the costs of returning the goods. The entrepreneur must clearly inform the consumer about these costs at the time of the sale.

    • Refund for Return Shipping: If the entrepreneur has agreed to bear the return shipping costs, they must refund these costs as part of the refund process. The entrepreneur must specify the conditions for reimbursement of these costs upfront.

    • Partial Refunds: If the returned products show signs of damage, use, or wear beyond what is reasonably necessary to inspect the goods (as would happen in a physical store), the entrepreneur may reduce the refund amount to account for the loss in value. The entrepreneur should provide a breakdown of this deduction in the refund confirmation.

    • Other Costs: If the entrepreneur has charged additional costs for delivery services or other services (e.g., expedited shipping), they must refund the full amount paid by the consumer, unless the consumer has chosen an option that is more expensive than the basic delivery option.

    • Refund Timeline: The refund must be made no later than 14 days after the entrepreneur receives the returned goods, or if earlier, after the consumer provides proof of return. If the entrepreneur does not receive the returned goods within this period, they are not obligated to issue the refund until the goods are received.

    Article 8 – Exclusion of the Right of Withdrawal

    The right of withdrawal may be excluded in the following circumstances:

    1. Custom-Made Products: The right of withdrawal does not apply to products made to the consumer’s specifications or clearly personalized products, such as custom engravings, bespoke clothing, or products altered to meet the consumer's specific needs.

    2. Perishable Goods: The right of withdrawal does not apply to goods that deteriorate or expire quickly, such as food, flowers, cosmetics, or products with an expiration date.

    3. Sealed Goods: The right of withdrawal does not apply to sealed goods that are not suitable for return due to health protection or hygiene reasons, once the seal has been broken. This includes products such as underwear, toiletries, and beauty products.

    4. Digital Content: The right of withdrawal does not apply to digital content (such as software, downloads, or subscriptions) once the consumer has started the download or installation, provided that the consumer has given their express consent and acknowledged that they lose the right of withdrawal upon starting the download or installation.

    5. Leisure Services: The right of withdrawal does not apply to contracts for the supply of services related to leisure activities, such as event tickets, courses, or accommodation, if the contract specifies a date or period of performance.

    6. Sealed Audio and Video Products: The right of withdrawal is excluded for audio or video recordings (such as DVDs, CDs, and vinyl records) or computer software if the seal has been broken after delivery.

    • Clear Communication: The entrepreneur is required to make clear which products are excluded from the right of withdrawal at the point of sale, either on the product page or during the checkout process. If the consumer has not been clearly informed of these exclusions, they retain the right to withdraw from the contract.

    Article 9 – Price

    • Total Price: The prices indicated on the website or in the offer include all applicable taxes and charges, including VAT, except for any extra charges such as shipping or delivery costs, which will be clearly stated separately.

    • Changes in Price: If the price of the product or service changes after the consumer has placed the order but before it has been delivered, the entrepreneur must honor the original price. If the price change occurs after the product has been dispatched but before it has been delivered, the entrepreneur must inform the consumer and allow them to cancel the order at the original price.

    • Discounts: If the entrepreneur offers discounts, promotions, or special offers, these should be clearly indicated with the conditions of the offer. The offer’s validity period and any limitations on the promotion should also be specified.

    • Price Review: The entrepreneur may review prices for products or services. If the price increase is more than 5% after the consumer has placed the order, the consumer will be notified in advance and given the opportunity to cancel the order or accept the new price.

    • Payment Currency: The price is quoted in British Pounds (GBP), unless otherwise specified.

    Article 10 – Delivery and Execution

    • Delivery Time: The entrepreneur will ensure delivery of the products within 30 days from the conclusion of the agreement, unless the parties agree otherwise. If the entrepreneur cannot meet this deadline, they must notify the consumer promptly and offer an alternative delivery time or the possibility of cancelling the order.

    • Partial Deliveries: If the entrepreneur is unable to deliver the entire order at once, they may deliver the products in separate shipments. The consumer will be notified if this is the case and should only be charged for one delivery fee unless agreed otherwise.

    • Delivery Address: The entrepreneur will deliver the products to the address provided by the consumer, as long as the address is within the delivery area covered by the entrepreneur. If delivery is not possible due to an incorrect address or other logistical issues, the entrepreneur is not liable for any resulting delays or additional charges.

    • Refused Deliveries: If the consumer refuses delivery or is unavailable to accept the delivery, the entrepreneur has the right to charge any additional costs associated with the return and reshipment of the goods.

    • Undelivered Goods: If the product cannot be delivered because it is out of stock or unavailable, the entrepreneur must inform the consumer immediately and offer either an alternative product or the option to cancel the order with a full refund.

  • Article 11 – Delivery and Performance

    1. Order Fulfillment: The entrepreneur agrees to make every effort to fulfill the accepted orders within a reasonable time frame. Once an order is placed, the entrepreneur will confirm the order and proceed with delivery according to the specified delivery terms. If an order is received before 2:00 PM on a business day, the entrepreneur will aim to dispatch it on the same day; orders received after that time will be dispatched on the next business day.

    2. Delivery Period: The entrepreneur will deliver the ordered products within 30 days of receiving the order, unless a different period is agreed upon. If the products cannot be delivered within this time frame, the entrepreneur will inform the consumer and either offer an alternative delivery date or allow the consumer to cancel the order for a full refund.

    3. Split Deliveries: In cases where the products ordered cannot be delivered together at once, the entrepreneur may dispatch the items in separate deliveries. The consumer will only be charged one delivery fee unless otherwise specified. The entrepreneur will inform the consumer of the expected dates for the separate shipments.

    4. Delivery Address: Products will be delivered to the address provided by the consumer during the ordering process. If the address is incorrect or inaccessible, leading to failure of delivery, the entrepreneur is not liable for any delays, and additional charges for re-shipping or redelivery may apply.

    5. Late or Failed Deliveries: In the event that the delivery is delayed or the product cannot be delivered due to stock unavailability or logistical problems, the entrepreneur must promptly notify the consumer. The consumer can either accept a substitute product of equal or higher value or choose to cancel the order and receive a full refund.

    6. Unaccepted Deliveries: If a consumer refuses delivery, or if they are unavailable to receive the goods after multiple attempts, the entrepreneur reserves the right to charge for any additional costs incurred due to the refusal or non-delivery, including return shipping costs.

    Article 12 – Duration of Agreements: Term, Cancellation, and Renewal

    1. Agreement Duration: For agreements of indefinite duration (such as subscriptions), the consumer may cancel the agreement at any time, with notice provided in accordance with the specified terms. The cancellation notice must be given at least 30 days before the next scheduled payment date.

    2. Automatic Renewal: If the contract provides for an automatic renewal, the entrepreneur must inform the consumer at least one month before the renewal date. If the consumer does not wish to continue, they can cancel the agreement before the renewal date to avoid further charges.

    3. Termination of Agreements: Either party (the consumer or the entrepreneur) may terminate an agreement at any time, subject to the terms specified in the contract. For agreements of fixed duration (such as subscription services), the consumer may cancel at any time before the end of the contract term with the right to a pro-rata refund for unused service periods.

    4. Notice of Cancellation: The consumer may cancel a subscription or service agreement by submitting a written notice, which can be via email or contact form, to the entrepreneur. Upon receipt, the entrepreneur will confirm the cancellation within 5 business days. If the cancellation notice is not received before the start of the next billing cycle, the consumer may be charged for the following period.

    Article 13 – Liability for Defects

    1. Conformity of Goods: The entrepreneur is responsible for ensuring that all goods delivered conform to the contract, are of satisfactory quality, and are fit for their intended purpose as described in the product listing. The entrepreneur must deliver products free from defects and in compliance with UK consumer protection laws.

    2. Consumer Rights: If the goods are defective, damaged, or fail to conform to the contract, the consumer has the right to request a repair, replacement, or full refund. This right applies for up to 30 days after receipt of the goods. If a defect appears after 30 days but within six months of purchase, the consumer may still request a repair or replacement, but the entrepreneur may offer a partial refund if the defect is not significant.

    3. Return and Repair: If the consumer discovers a defect within the 30-day period, they should notify the entrepreneur as soon as possible. The consumer may return the item for a repair, replacement, or full refund, and the entrepreneur is obligated to cover the cost of return shipping if the goods are deemed defective.

    4. Exclusions: The entrepreneur is not liable for defects caused by misuse, accidental damage, or failure to follow product care instructions. The entrepreneur is also not responsible for defects caused by third-party services or alterations made by the consumer without prior consultation with the entrepreneur.

    Article 14 – Force Majeure

    1. Definition of Force Majeure: The entrepreneur is not liable for any failure or delay in the performance of their obligations under the contract due to circumstances beyond their control, including, but not limited to, acts of God, war, terrorism, labor disputes, government regulations, natural disasters, fire, floods, pandemics, strikes, or failure of third-party suppliers or subcontractors.

    2. Notification of Force Majeure: If the entrepreneur is unable to fulfill an order due to force majeure, they must notify the consumer within a reasonable period of time, outlining the nature of the event and the expected delay or non-delivery.

    3. Resumption of Service: Once the force majeure event has concluded, the entrepreneur must make reasonable efforts to resume normal operations and fulfill any delayed orders. The consumer will be informed of any revised delivery or service schedules.

    4. Cancellation of Contract: If the force majeure event lasts for an extended period (usually over 30 days), either party may have the right to cancel the agreement without penalty. In such cases, any pre-paid amounts should be refunded, except where the consumer has already received part of the service or product.

    Article 15 – Governing Law and Dispute Resolution

    1. Applicable Law: These Terms and Conditions are governed by and construed in accordance with the laws of the United Kingdom. The parties agree that any disputes arising from these terms shall be subject to the jurisdiction of the courts of the United Kingdom.

    2. Dispute Resolution: In case of a dispute, both the consumer and the entrepreneur are encouraged to first attempt to resolve the matter amicably through communication. If an agreement cannot be reached, the consumer has the right to pursue alternative dispute resolution (ADR) or file a complaint with the relevant regulatory body.

    3. Online Dispute Resolution (ODR): The consumer has the option to use the EU’s online dispute resolution platform (ODR platform) for resolving disputes with the entrepreneur. However, even though the UK has left the EU, consumers may still use the ODR platform to resolve disputes related to online contracts.

    4. Consumer Protection Laws: The entrepreneur acknowledges and adheres to all applicable consumer protection laws under UK regulations, including the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013, to ensure that consumers are afforded full protection under the law.

    5. Jurisdiction: Any legal proceedings or disputes shall be brought before the competent courts of the United Kingdom, which will have exclusive jurisdiction over matters related to these Terms and Conditions.



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