Terms and Conditions of Sale (T&Cs)

Article 1 – Definitions

In these general terms and conditions, the following definitions apply:

Withdrawal period: the period during which the consumer may exercise their right of withdrawal;

Consumer: any natural person who is not acting in the course of their professional or commercial activity and who enters into a distance contract with the professional;

Day: calendar day;

Long-term contract: distance contract covering a series of products and/or services for which the delivery and/or purchase obligation is spread over time;

Durable medium: any means enabling the consumer or professional to store information addressed to them personally, so that they can consult it at a later date and reproduce it identically;

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;

Professional: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract concluded under an organised system for the distance sale of products and/or services, in which, until the contract is concluded, exclusive use is made of one or more means of distance communication;

Means of distance communication: any means that can be used to conclude a contract without the consumer and the professional being simultaneously present in the same place;

Terms and conditions: these terms and conditions of the professional.

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Article 2 – Identity of the professional

Company name: L Trading & E-commerce

Trade name: Harper & Oakwood

Trade register number (KvK): 97511455

VAT number: NL005274653B93

Address:

Customer service (e-mail): Support@harperoakwood.co.uk

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Article 3 – Scope of application

1. These general terms and conditions apply to all offers made by the professional, as well as to all distance contracts and orders placed between the professional and the consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be consulted at the professional's premises and that they will be sent to the consumer free of charge, at their request, as soon as possible.

3. If the distance contract is concluded electronically, a derogation from the previous paragraph is possible: the text of these general terms and conditions may then be made available to the consumer electronically, so that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it shall be specified, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent free of charge, electronically or otherwise, at the consumer's request.

   In the event that specific conditions for products or services apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis, and in the event of any contradiction, the consumer may always invoke the provision that is most favourable to them.

4. If one or more provisions of these general terms and conditions are invalid or void, the remainder of the contract and terms and conditions shall remain applicable, and the provision concerned shall be replaced by mutual agreement with a provision that most closely approximates the original intention.

5. Any situation not covered by these general terms and conditions shall be assessed ‘in the spirit’ of these terms and conditions.

6. Any ambiguity concerning the interpretation or content of one or more provisions of these general terms and conditions shall be interpreted ‘in the spirit’ of these general terms and conditions.

   Article 4 – The offer

   If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.

   The offer is non-binding. The trader is entitled to modify or adapt the offer.

   The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the trader.

   All images, specifications and data contained in the offer are indicative and cannot give rise to compensation or termination of the contract.

   The product images are a faithful representation of the products offered. The contractor cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.

   Each offer contains clear information indicating to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:

   • the price, excluding customs clearance charges and import VAT. These additional charges shall be borne by and at the risk of the customer. The postal service and/or courier service shall use the special scheme applicable to postal and courier services for imports. This regime applies when goods are imported into the EU Member State of destination, which is the case here. The postal service and/or courier service collects VAT (possibly together with any customs clearance charges) from the recipient of the goods.

   • any shipping costs;

   • the manner in which the contract will be concluded and the steps necessary to do so;

   • whether or not the right of withdrawal applies;

   • the terms of payment, delivery and performance of the contract;

   • the time limit for accepting the offer or the period during which the price is guaranteed;

   • the amount of the charge for distance communication if the cost of using the means of distance communication is calculated on a basis other than the standard basic charge for the means of communication used;

   • where applicable, whether the contract is archived after its conclusion and, if so, how it can be consulted by the consumer;

   • how the consumer can, before the contract is concluded, check the information he has provided in connection with the contract and, if he so wishes, correct it;

   • any other languages in which, in addition to French, the contract may be concluded;

      

   • the codes of conduct to which the trader subscribes and how the consumer can consult these codes of conduct electronically; and

   • the minimum duration of the distance contract in the case of a long-term contract.

Article 5 – The contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions stipulated therein.

If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of acceptance of the offer electronically. Until this confirmation has been sent by the trader, the consumer may cancel the contract.

If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures for this purpose.

The trader may – within the legal framework – obtain information about the consumer's ability to fulfil their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good reasons not to enter into the contract, he is entitled to refuse an order or request, giving reasons, or to attach specific conditions to its execution.

The trader shall provide the consumer, together with the product or service, with the following information in writing or in such a way that it can be stored in an accessible manner on a durable medium:

• the address of the contractor's establishment where the consumer may lodge complaints;

• the terms and conditions for exercising the right of withdrawal, or a clear statement that this right is excluded;

• information concerning existing guarantees and after-sales services;

• the information referred to in Article 4, unless it has already been provided to the consumer prior to the performance of the contract;

• the conditions for terminating the contract if it has a duration of more than one year or is of indefinite duration.

• En cas de contrat de longue durée, la disposition du paragraphe précédent s’applique uniquement à la première livraison.

All contracts are concluded subject to the condition precedent of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to terminate the contract without giving reasons within 30 days. The cooling-off period begins on the day after the consumer or a representative designated in advance by the consumer and notified to the trader receives the product.

During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product with all accessories supplied and, as far as possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

When the consumer wishes to exercise their right of withdrawal, they are required to notify the trader within 30 days of receiving the product, in writing or by email. After notification, the consumer must return the product within 30 days. The consumer must prove that the items have been returned on time, for example by means of proof of shipment. This may also include a return directly to our supplier in China.

If the consumer has not indicated their intention to exercise their right of withdrawal within the time limits referred to in paragraphs 2 and 3, or if they have not returned the product to the trader, the purchase becomes final.

Article 7 – Costs in the event of withdrawal

If the consumer exercises their right of withdrawal, they are fully responsible for the costs of returning the products. Please note that this also includes the costs of returning the products to the country of origin, namely our supplier in China.

If the consumer has already paid an amount, the trader shall refund this amount as soon as possible and no later than 30 days after withdrawal, provided that the product has been returned and received by the trader, or that the consumer provides full proof of return shipment.

Article 8 – Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only possible if the trader has clearly indicated this in the offer, at least before the contract is concluded.

Exclusion of the right of withdrawal is only possible for products:

• manufactured in accordance with the consumer's specifications;
• clearly personalised;
• which, by their nature, cannot be returned;
• that are liable to deteriorate or expire rapidly;
• whose price depends on fluctuations in the financial market beyond the entrepreneur's control;
• individual newspapers and magazines;
• audio, video or computer software recordings whose seal has been broken by the consumer;
• hygiene products whose seal has been broken by the consumer.
• The right of withdrawal may also be excluded for services:

relating to accommodation, transport, catering or leisure activities to be provided on a specific date or during a specific period;

the performance of which has begun with the consumer's express agreement before the end of the withdrawal period;

relating to betting or gambling.

Article 9 – The price

During the period of validity mentioned in the offer, the prices of the products and/or services offered will not be increased, except in the event of a change in VAT rates.

Notwithstanding the previous paragraph, the contractor may offer products or services whose prices depend on fluctuations in the financial market beyond its control, with variable prices. This dependence on fluctuations and the fact that the prices quoted may be indicative prices shall be specified in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they result from legal or regulatory provisions.

Price increases after 3 months following the conclusion of the contract are only permitted if the contractor has stipulated this and:

• if they result from legal or regulatory provisions; or

• if the consumer has the right to terminate the contract from the day on which the increase takes effect.

The place of delivery is determined in accordance with Section 5, first paragraph, of the Dutch VAT Act 1968. In this case, delivery takes place outside the EU. As a result, import VAT and/or customs clearance charges will be levied by the postal or courier service on the purchaser. Consequently, the contractor will not charge VAT.

All prices are subject to typographical or printing errors. No liability is accepted for the consequences of such errors. In the event of an obvious pricing error, the contractor is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and warranty

The contractor guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable quality and/or usefulness requirements, and the legal and regulatory provisions in force on the date of conclusion of the contract.

If agreed, the contractor also guarantees that the product is suitable for a purpose other than normal use.

A guarantee provided by the contractor, manufacturer or importer does not affect the consumer's statutory rights under the contract.

Any defect or incorrectly delivered product must be reported in writing to the contractor within 30 days of delivery. Products must be returned in their original packaging and in perfect condition.

The contractor's warranty period corresponds to the manufacturer's warranty period. However, the contractor is never responsible for the final suitability of the products for each individual use by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

• the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
• the delivered products have been exposed to abnormal conditions or handled negligently or contrary to the contractor's instructions and/or the packaging;
• the defect is wholly or partly due to requirements imposed or to be imposed by public authorities concerning the nature or quality of the materials used.

Article 11 – Delivery and performance

The contractor shall take the utmost care when receiving and executing product orders.

The place of delivery is the address that the consumer has provided to the company.

Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders with due care, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled, either in whole or in part, the consumer will be informed of this no later than 30 days after placing the order. In this case, the consumer has the right to terminate the contract free of charge and is entitled to compensation.

In the event of termination in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible and no later than 30 days after termination.

If the delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to provide a replacement item. No later than at the time of delivery, it will be clearly and understandably indicated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return are borne by the entrepreneur.

The risk of damage and/or loss of the products lies with the entrepreneur until the moment of delivery to the consumer or a representative designated by the consumer and communicated to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration Contracts: Duration, Termination, and Renewal

Termination

The consumer may terminate a contract concluded for an indefinite period that aims at the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and with a notice period of no more than one month.

The consumer may terminate a contract concluded for a fixed period that aims at the regular delivery of products (including electricity) or services at the end of the fixed period, subject to the agreed termination rules and with a notice period of no more than one month.

The consumer may terminate the contracts mentioned in the previous paragraphs:

• at any time and without being restricted to termination at a specific moment or during a specific period;

• in at least the same manner in which they were concluded;

• always with the same notice period that the entrepreneur has granted themselves.

Renewal

A contract concluded for a fixed period that aims at the regular delivery of products (including newspapers and magazines) or services may not be tacitly extended or renewed for a fixed period.

By way of derogation from the previous paragraph, a contract concluded for a fixed period that aims at the regular delivery of newspapers and magazines may be tacitly extended for a maximum fixed period of three months, provided that the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.

A contract concluded for a fixed period that aims at the regular delivery of products or services may only be tacitly extended for an indefinite period, provided that the consumer may terminate at any time with a notice period of no more than one month, and no more than three months if the contract concerns the regular delivery of newspapers and magazines, but less than once per month.

A fixed-term contract for the regular delivery of newspapers and magazines as a trial or introductory subscription (trial or promotional subscription) shall not be tacitly extended and will end automatically at the expiration of the trial or promotional period.

Duration

If a contract has a duration longer than one year, the consumer may, after one year, terminate the contract at any time with a notice period of no more than one month, unless termination before the end of the agreed duration is considered unreasonable and unfair.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period referred to in Article 6, paragraph 1. In the case of a service contract, this period begins after the consumer has received confirmation of the contract.

The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the payment details provided or stated.

In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs that were communicated to the consumer in advance.

Article 14 – Complaint Handling

Complaints regarding the performance of the contract must be submitted to the entrepreneur, fully and clearly described, within 7 days after the consumer has identified the defects.

Complaints submitted to the entrepreneur will receive a response within 30 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 30 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed reply.

If a complaint cannot be resolved by mutual agreement, a dispute arises that may be subject to a dispute resolution procedure.

A complaint does not suspend the obligations of the entrepreneur unless indicated otherwise in writing by the entrepreneur.

If a complaint is deemed justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts concluded between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.