Terms and Conditions — Clara & Rose London

Article 1 – Definitions

In these terms, the following definitions apply:

• Cooling-off period: The period during which the consumer can make use of their right of withdrawal.
• Consumer: The natural person who is not acting for purposes related to their trade, business, craft or profession and who enters into a distance contract with the trader.
• Day: Calendar day.
• Continuous performance contract: A distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time.
• Durable medium: Any means that enables the consumer or trader to store information addressed personally to them in a way that allows future access and unaltered reproduction of the stored information.
• Right of withdrawal: The option for the consumer to withdraw from the distance contract within the cooling-off period.
• Trader: The natural or legal person offering products and/or services to consumers at a distance. In these terms, "Trader," "we," "us," and "our" refer to Clara & Rose London.
• Distance contract: A contract concluded within the framework of a system organised by the trader for distance selling of products and/or services, whereby, up to and including the conclusion of the contract, exclusive or partial use is made of one or more techniques for distance communication.
• Technique for distance communication: A means that can be used to conclude a contract without the consumer and trader being in the same place at the same time.
• General Terms: These general terms and conditions of the trader.

Article 2 – Right of Withdrawal

The consumer has the right to withdraw from the contract without giving any reason within 30 days. During the cooling-off period, the consumer must handle the product and its packaging with care.

If the consumer exercises their right of withdrawal, the product must be returned with all accessories supplied and, if reasonably possible, in its original condition, in accordance with the reasonable and clear instructions provided by the trader.

Article 3 – Applicability

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

Before the distance contract is concluded, the text of these general terms shall be made available to the consumer. If this is not reasonably possible, the trader shall indicate, before the contract is concluded, that the general terms can be reviewed at the trader's premises and will be sent free of charge upon request.

If the contract is concluded electronically, the text of these general terms may, notwithstanding the previous paragraph and before the contract is concluded, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, the trader shall indicate, before the contract is concluded, where the general terms can be reviewed electronically and that they will be sent free of charge, electronically or otherwise, upon request.

Where specific product or service terms apply in addition to these general terms, the second and third paragraphs apply accordingly, and in the event of conflicting terms, the consumer may always invoke the applicable provision that is most favourable to them.

If one or more provisions of these general terms are, at any time, wholly or partially void or annulled, the contract and these general terms remain in force in all other respects, and the provision in question shall be replaced without delay by a provision that reflects, as closely as possible, the intent of the original provision.

Situations not covered by these general terms must be assessed "in the spirit" of these general terms. Ambiguities regarding the interpretation or content of one or more provisions of our terms must be interpreted "in the spirit" of these general terms.

Article 4 – The Offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer. The offer is without obligation. The trader has the right to modify and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer.

If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.

All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the contract.

Product images are a true representation of the goods offered. The trader cannot guarantee that the colours shown correspond exactly to the actual colours of the products.

Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

• Any shipping costs;
• The manner in which the contract will be concluded and which actions are required for this;
• Whether or not the right of withdrawal applies;
• The method of payment, delivery and performance of the contract;
• The period for accepting the offer, or the period within which the trader guarantees the price;
• Any costs of using distance communication where these are calculated differently from the standard base rate;
• Whether the contract will be archived after conclusion, and if so, how it can be accessed by the consumer;
• The manner in which the consumer can, before concluding the contract, check and, where necessary, correct the information provided;
• Any other languages, besides English, in which the contract may be concluded;
• The codes of conduct to which the trader is subject, and how the consumer can access these electronically;
• The minimum duration of the distance contract in the case of a continuous performance contract;
• Optionally: available sizes, colours, and material types.

Article 5 – The Contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and satisfies the corresponding conditions.

If the consumer has accepted the offer electronically, the trader will immediately confirm electronic receipt of the acceptance. For as long as receipt of this acceptance has not been confirmed, the consumer may dissolve the contract.

If the contract is concluded electronically, the trader will 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 will take appropriate security measures accordingly.

The trader may, within legal limits, verify whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, it is entitled to refuse an order or request, or to attach special conditions to its performance.

At the time of delivery of the product or service, the trader shall provide the consumer with the following information in writing or in such a way that it can be stored by the consumer on a durable medium:

• The visiting address of the trader's place of business where the consumer can direct complaints;
• The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding exclusion of the right of withdrawal;
• Information on guarantees and existing after-sales service;
• The information included in Article 4, paragraph 3, unless the trader has already provided this information to the consumer prior to the performance of the contract;
• The requirements for terminating the contract if it has a duration of more than one year or is of indefinite duration.

In the case of a continuous performance contract, the provision in the previous paragraph applies only to the first delivery. Every contract is entered into subject to sufficient availability of the products in question.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to withdraw from the contract without giving any reason within 30 days.

This cooling-off period commences on the day after the product has been received by the consumer or a representative designated by the consumer and made known to the trader in advance.

During the cooling-off period, the consumer must handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to determine the nature, characteristics, and functioning of the product.

If the consumer exercises their right of withdrawal, the product must be returned with all accessories supplied and — as far as reasonably 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, this must be communicated to the trader within 30 days of receiving the product. The consumer must give notice in writing or by email.

Once the consumer has notified their intention to exercise the right of withdrawal, they must return the product within 30 days. The consumer must be able to demonstrate that the goods were returned in time, for example by means of proof of shipment.

If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated their wish to exercise the right of withdrawal and/or has not returned the product to the trader, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products will be borne by the consumer.

If the consumer has paid an amount, the trader shall refund this amount as soon as possible, and at the latest within 14 days of the withdrawal being reported. This is subject to the trader having already received the returned product, or the consumer being able to demonstrate that the product has been shipped back in full. Refunds will be made using the same payment method used by the consumer, unless the consumer explicitly agrees to a different method.

If the product is damaged due to careless handling by the consumer, the consumer is liable for any resulting depreciation of the product.

The consumer cannot be held liable for depreciation of the product if the trader has not provided all legally required information about the right of withdrawal prior to the purchase. This information must be provided before the purchase is concluded.

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 below.

Exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, or in good time before the conclusion of the contract.

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

• that have been manufactured according to consumer specifications;
• that are clearly personal in nature;
• that cannot be returned due to their nature;
• that can spoil or become outdated quickly;
• the price of which is subject to fluctuations in the financial market over which the trader has no influence;
• for individual newspapers or magazines;
• for audio and video recordings or computer software of which the seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services relating to:

• accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
• delivery that has begun with the consumer's express prior consent before the cooling-off period has expired;
• games of chance and lotteries.

Article 9 – Price

During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the trader may offer products or services with variable prices, where prices are subject to fluctuations in the financial market over which the trader has no control. This dependency on fluctuations, and the fact that any stated prices are indicative, shall be stated in the offer.

Price increases within three months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases from three months after the conclusion of the contract are only permitted if this has been agreed and:

• they result from statutory regulations or provisions; or
• the consumer has the right to cancel the contract with effect from the day on which the price increase takes effect.

Prices stated in the offer include VAT.

Article 10 – Conformity and Warranty

The trader guarantees that the products and/or services conform to the contract, to the specifications stated in the offer, to reasonable requirements of soundness and/or usability, and to the statutory provisions and/or government regulations in force on the date the contract is concluded. If explicitly agreed, the trader also guarantees that the product is suitable for purposes other than normal use.

A warranty provided by the trader, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the trader on the basis of the contract.

Any defect or incorrectly delivered product must be reported to the trader in writing within 4 weeks of discovery. Products must be returned in their original packaging and in new condition.

The warranty does not apply if:

• The consumer has repaired and/or modified the delivered product themselves, or has had it repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the trader's instructions and/or the packaging instructions;
• The defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used;
• The product has been used in a manner inconsistent with its intended use.

Article 11 – Delivery and Execution

The trader will exercise the greatest possible care in receiving and executing orders for products, and in assessing applications for the provision of services.

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

Subject to the provisions of Article 4 of these terms, the company shall execute accepted orders with due speed, but no later than within 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed, or if an order cannot be fulfilled, or only partially, the consumer shall be notified of this no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the contract free of charge and with a right to any applicable compensation.

Following dissolution in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible, but no later than within 14 days of dissolution.

If delivery of an ordered product proves impossible, the trader shall make every effort to offer a replacement product. It shall be clearly stated that a replacement product is being delivered. The right of withdrawal cannot be excluded in respect of replacement products. The costs of returning any replacement product shall be borne by the trader.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 – Continuous Performance Contracts: Duration, Cancellation and Renewal

Cancellation

The consumer may, at any time, cancel a contract of indefinite duration relating to the regular delivery of products (including electricity) or services, subject to the agreed cancellation rules and a notice period not exceeding one month.

The consumer may, at any time, cancel a fixed-term contract relating to the regular delivery of products or services with effect from the end of the fixed term, subject to a notice period not exceeding one month.

The consumer may:

• cancel the contract at any time without being restricted to cancellation at a specific time or during a specific period;
• at the very least cancel the contract in the same manner in which it was concluded;
• always cancel with the same notice period as the trader has stipulated for itself.

Renewal

A fixed-term contract relating to the regular delivery of products or services may not be automatically renewed or extended for a fixed period.

Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of daily, weekly, or monthly newspapers and magazines may be automatically extended for a fixed period of up to three months, provided the consumer may cancel this extended contract towards the end of the extension with a notice period not exceeding one month.

A fixed-term contract for the regular delivery of products or services may only be extended for an indefinite period if the consumer may cancel at any time with a notice period not exceeding one month, and a notice period not exceeding three months in the case of a contract for the regular, but less than once-monthly, delivery of daily, weekly, or monthly newspapers and magazines.

A fixed-term contract for the regular, trial, or introductory delivery of daily, weekly, or monthly newspapers and magazines (trial or introductory subscription) does not automatically continue and ends automatically after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may, after one year, cancel at any time with a notice period not exceeding one month, unless reasonableness and fairness dictate that cancellation before the end of the agreed duration should not be permitted.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period referred to in Article 6. In the case of a contract for the provision of a service, this period commences after the consumer has received confirmation of the contract.

In the sale of products to consumers, the general terms may never require the consumer to pay more than 50% in advance. Where advance payment has been agreed, the consumer may not assert any rights regarding the execution of the relevant order or service before the agreed advance payment has been made.

The consumer has a duty to promptly report any inaccuracies in payment details provided or stated to the trader.

In the event of late payment by the consumer, the trader is entitled, subject to statutory limitations, to charge the consumer for reasonable costs, of which the consumer has been notified in advance.

Article 14 – Complaints Procedure

The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.

Complaints regarding the performance of the contract must be submitted to the trader fully and clearly described within a reasonable time after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the trader shall respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If a complaint cannot be resolved by mutual agreement, a dispute arises that is eligible for referral to a dispute resolution body.

In the event of complaints, the consumer should first contact the trader. If no solution is reached, the consumer may contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution still cannot be reached, the consumer has the option to submit the dispute to the independent dispute committee appointed by Stichting WebwinkelKeur, whose ruling is binding, and both the consumer and the trader agree to this binding decision. Submitting a dispute to this committee involves costs that must be paid by the consumer to the relevant committee.

A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.

If a complaint is found to be justified by the trader, the trader will, at its own discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

The relationship between the trader and the consumer is governed exclusively by the laws of England and Wales, even if the consumer resides abroad.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.