General Terms And Conditions
Table of contents:
Article 2-The entrepreneur’s identity
Article 3-Scope of application
Article 4-The offer
Article 5-The contract
Article 6-Right of withdrawal
Article 7-Obligations of the consumer during the cooling-off period
Article 8-Exercise of the right of withdrawal by the consumer and cost
Article 9-Obligations of the entrepreneur in the case of withdrawals
Article 10-Exclusion of the right of withdrawal
Article 11-The price
Article 12-Performance and extra warranty
Article 13-Delivery and execution
Article 15-Complaints procedure
Article 17-Additional or different terms
Article 18-Supply conditions
In these conditions, the following definitions shall apply:
1. Additional agreement means an agreement whereby the consumer products, digital content and/or services acquires in connection with a distance contract and these matters, digital content and/or services are provided by the trader or by a third party on the basis of a agreement between that third party and the trader;
2. Cooling-off period : the period during which the consumer can make use of his right of withdrawal;
3. Consumer : the natural person who is acting for purposes which are not related to his trade, business, craft or profession;
4. Day : calendar day;
5. Digital content : data that are produced and supplied in digital form;
6. Durable medium : each tool-including email-that enables the consumer or business owner information that is addressed to him personally, store in a way that future consultation or using it over a period of time adequate for the purpose for which it is intended, and which allows the unchanged reproduction of the information stored;
7. Right of withdrawal : the ability of the consumer to within the cooling-off period opt out of the contract;
8. Entrepreneur : the natural or legal person who, (access to) digital content products and/or services at a distance to consumers;
9. Distance contract : an agreement between the entrepreneur and the consumer under an organized system for distance selling of products, digital content and/or services until the conclusion of the agreement exclusively or partly one or more means of distance communication;
10. Model withdrawal form : it contained in annex I to this European model withdrawal form. Annex I need not be submitted if the consumer has no right of withdrawal in respect of his order;
11. Means of distance communication : means that can be used to conclude a contract, without the consumer and entrepreneur have to be met in the same room.
Article 2-the entrepreneur’s identity
Mac Gaffy Fashion LLP
Telephone number: + 447376860540
Email : firstname.lastname@example.org
Companies House Registration Number: SO306134
Article 3 – Scope of application
1. These general conditions apply to all offers of the entrepreneur and on any distance contract concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will before the distance contract is concluded, which the general conditions at the entrepreneur and that at the request of the consumer as quickly as possible free of charge be sent.
3. If the distance contract is concluded electronically, then by way of derogation from the previous paragraph, and before the distance contract is concluded, the text of these general conditions available to the consumer by electronic means , in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, will before the distance contract is concluded, be indicated where the General conditions by electronic means can be heard and that they are at the consumer’s request, by electronic means or otherwise will be sent free of charge.
4. In addition to these general conditions specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer in the event of conflicting terms and conditions rely on the applicable provision that is most favorable to him.
Article 4 – The offer
1. If an offer is subject to a limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The offer includes a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to a proper assessment of the offer by the consumer as possible. If the entrepreneur uses pictures, these are a true reflection of the offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer shall not be binding on the entrepreneur.
3. Every offer will contain such information that is clear to the consumer what rights and obligations are involved in accepting the offer.
Article 5 – The agreement
1. The agreement is subject to the provisions of paragraph 4, at the time the consumer accepts the offer and comply with the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may rescind the contract.
3. If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will appropriate security measures.
4. The economic operator may within statutory frameworks-about the consumer’s ability to fulfill his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur on the basis of this research has good reasons not to go to the agreement, he is entitled to refuse an order or request or motivated to implement special conditions.
5. The entrepreneur will look upon delivery of the product, service or digital content to the consumer the following information, in writing or in such a way that the consumer can be stored in an accessible manner on a sustainable data bearer, send along:
(a). the address of the trader’s business where the consumer can lodge complaints;
(b). the conditions under which and how the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
(c). the information on existing after-sales service and guarantees;
(d). the price including all taxes of the product, service, or digital content; where applicable the costs of delivery; and the arrangements for payment, delivery or performance of the contract;
e. If the consumer has a right of withdrawal, the model withdrawal form.
Article 6 – Right of withdrawal
1. The consumer may contract with respect to the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The entrepreneur may ask the consumer to the reason of withdrawal, but this not to retire of his reason (s).
2. The cooling-off period starts on the day after the consumer, or on behalf of third party other than the carrier, the product has received, or:
(a). If the consumer has multiple products ordered in the same order: the day on which the consumer, or a third party designated by him, the final product has received. The entrepreneur may, provided that it the consumer here prior to the ordering process clearly informed about, an order of several products with different delivery time refuse.
(b). If the supply of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or piece;
- In the case of agreements for regular delivery of products over a period of time: the day on which the consumer, or a third party designated by him, the first product has received.
3. If the entrepreneur has not send the consumer regulatory information about the right of withdrawal or has not supplied the model withdrawal form, runs the cooling-off time 12 months after the end of the original, in accordance with the previous members of cooling-off period set by this article.
4. If the entrepreneur has the information referred to in the previous paragraph to the consumer has provided within 12 months of the effective date of the initial grace period expires, the cooling-off period expires 14 days after the day on which the consumer that information has received.
Article 7 – Obligations of the consumer during the cooling-off period
1. During this period the consumer shall handle the product and its packaging with care. He will extract or use the product only to the extent necessary to the nature, characteristics and operation of the product. The starting point is that the consumer should only handle and inspect the product as he would in a store.
2. The consumer shall only be liable for depreciation of the product that is the result of a way of coping with the product that goes beyond allowed in paragraph 1.
3. The consumer shall not be liable for any depreciation of the product if the entrepreneur did not supply before or at the conclusion of the agreement all mandatory information about the right of withdrawal.
Article 8 – Exercise of the right of withdrawal by the consumer and cost
1. If the consumer exercises his right of withdrawal, he reports this within the cooling-off period using the standard withdrawal form or on other unambiguously to the entrepreneur.
2. As fast as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall send the product back, or he hands over this (a representative of) the entrepreneur. The consumer has the return term in each case taken into account if he returns the product before the withdrawal period has expired.
3. The consumer shall send back the product with accessories, if reasonably possible all delivered in original condition and packaging, and in accordance with the reasonable and clear instructions by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer shall bear the direct cost of returning the product.
6. If the consumer exercises his right of withdrawal, any ancillary contracts shall be automatically dissolved.
Article 9 – Obligations of the entrepreneur in the case of withdrawals
1. If the entrepreneur the notification of withdrawal by the consumer allows electronically, it sends an acknowledgement of receipt of this notification without delay.
2. The trader shall reimburse all payments from the consumer, the trader will be charged for returned product without delay, but within 14 days following the day on which the consumer him the withdrawal reports. Unless the entrepreneur offers the product itself to take away, he may hold off paying back until he has received the product.
3. The entrepreneur uses to refund the same method of payment that the consumer, unless the consumer consents to another method. The repayment is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the additional costs for the more expensive method is non-refundable.
Article 10 – Exclusion of the right of withdrawal
The entrepreneur can exclude the following goods and services from the right of withdrawal, but only if the entrepreneur obviously at the offer, at least in time for the conclusion of the agreement, has stated:
1. Products or services whose price is dependent on fluctuations in the financial market on which the entrepreneur has no influence and located within the withdrawal period;
2. According to the consumer’s specifications manufactured products, which are not prefabricated and that are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
3. Sealed for reasons of health protection or hygiene products that are not suitable to be returned and were unsealed after delivery;
4. The supply of digital content other than on a tangible medium, but only if:
(a). the implementation has begun with the consumer’s prior express consent; and
(b). the consumer stated that he loses his right of withdrawal.
Article 11 – The price
1. During the period mentioned in the offer prices of the products and/or services are not increased, except for price changes due to changes in VAT rates.
2. By way of derogation from the previous paragraph, the trader may products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur’s control, with variable prices. These fluctuations and the fact that any price mentioned in the offer.
3. The in the offer of products or services mentioned prices include VAT.
Article 12 – Performance Agreement.
1. The trader guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and on the date the contract was concluded legal provisions and/or Government regulations.
Article 13 – Delivery and execution
1. The trader will take the greatest possible care when receiving and implementing orders for products.
2. The place of delivery is the address that the consumer provided to the entrepreneur.
3. Subject to what about this is in article 4 of these general conditions, the entrepreneur will carry out accepted orders within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order is not or only partially carried out, the consumer of this no later than 30 days after the order was placed. The consumer in this case has the right to terminate the contract without penalty.
4. After dissolution in accordance with the previous paragraph, the trader will refund the consumer with the sum paid without delay.
5. The risk of damage and/or loss of products rests with the trader up to the moment of delivery to the consumer to, unless otherwise expressly agreed.
Article 14 – Payment
1. Unless otherwise provided in the agreement or additional terms, amounts must be paid by the consumer within 14 days after the beginning of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of a contract for the provision of a service, captures this term on the day after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, consumers in general conditions never can be obliged to advance payment in excess of 50%. When payment is agreed, the consumer may not assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has been made.
3. The consumer is obliged to have inaccuracies in payment data provided or stated to report without delay to the economic operator.
4. If the consumer does not make his payment obligation (s), the consumer is, after mentioned by the entrepreneur for the late payment and the entrepreneur has awarded the consumer a period of 14 days to still his payment obligations to comply, after failing payment within this 14-day-term, the statutory interest on the outstanding amount and the entrepreneur is entitled the extrajudicial collection costs. This collection costs shall not exceed the following levels: 15% on outstanding amounts to €2,500, =; 10% over the subsequent €2,500, = and 5% on the following with a minimum of €40 €5,000, =, =. The entrepreneur can for the benefit of consumers differ from amounts and percentages.
Article 15 – Complaints procedure
1. The entrepreneur has a well-publicised complaints procedure and deals with the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be instantly after the consumer has found the defects , fully and clearly described and submitted to the entrepreneur.
3. Complaints submitted to the entrepreneur will be replied within a period of 14 days after the date of receipt. If a complaint takes longer processing time, the entrepreneur will within the period of 14 days reply with a message of receipt and an indication when the consumer can expect a more detailed answer.
4. The consumer should allow the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this term creates a dispute subject to the dispute resolution.
Article 16 – Disputes
1. On agreements between the entrepreneur and the consumer to which these general conditions relate, is exclusively European regulations applicable.
Article 17 – Additional or different terms
Additional or different terms to these terms and conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be on an accessible stored on a durable medium.
Article 18 – Supply conditions
Note: delivery time depends on the country of origin and the destination.
Annex i: Model withdrawal form
Model withdrawal form
(fill out and return this form only when you want to withdraw from the agreement)
– To: (name entrepreneur)
(geographical address entrepreneur)
(fax number entrepreneur, if available)
(email address or electronic address of entrepreneur)
– I/we * part/parts * you also, that I/we * our agreement on
the sale of the following products: (product name) *
the supply of the following digital content: (digital content indication) *
the provision of the following service: (service name) *,
– Ordered/received on * on * (date order with services or receipt at products)
– (Name (s))
– (Address of consumer (s))
– (Signature of consumer (s)) (only when this form is submitted on paper)
* Delete whichever does not apply or complete as appropriate.