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Terms and Services Isadora London
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who does not act for purposes related to a trade, business, craft, or profession and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuing transaction: a distance contract concerning a series of products and/or services, for which the obligation to deliver and/or purchase is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that makes future consultation and unaltered reproduction of the stored information possible.
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Distance contract: a contract concluded between the entrepreneur and the consumer under an organized system for distance selling of products and/or services, in which up to and including the moment of concluding the contract, only one or more means of distance communication are used;
Means of distance communication: a method that can be used for concluding a contract without the consumer and entrepreneur simultaneously being in the same space.
Terms and Conditions: these present Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Trade name: Isadora London
VAT number: NL859860590B01
Customer service email: info@isadora-london.com
Article 3 – Applicability
These terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
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, before the distance contract is concluded, it will be indicated that the terms and conditions are available for inspection at the entrepreneur and will be sent free of charge to the consumer as soon as possible at the consumer’s request.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated where the terms and conditions can be accessed electronically, and they will be sent electronically or otherwise free of charge at the consumer’s request.
If specific product or service conditions also apply in addition to these terms and conditions, the second and third paragraphs apply accordingly, and the consumer may always rely on the applicable provision that is most favorable to them in case of conflicting terms and conditions.
If one or more provisions in these terms and conditions are wholly or partially invalid or nullified at any time, the agreement and these terms will remain in effect for the rest, and the relevant provision will be replaced immediately in mutual consultation by a provision that closely approximates the original intention.
Situations not covered by these terms and conditions should be evaluated ‘in the spirit’ of these terms and conditions.
These terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
By completing a purchase, the consumer agrees to all terms and conditions outlined herein. The consumer acknowledges and accepts that the business is not responsible or liable for any issues beyond what is explicitly stated in these terms. This includes but is not limited to:
Shipping delays;
Customs fees;
Product suitability for personal needs or preferences.
Uncertainties about the interpretation or content of one or more provisions of our terms should be explained ‘in the spirit’ of these terms and conditions.
Article 4 – The Offer
If an offer is valid for a limited period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indications and cannot give rise to compensation or termination of the agreement.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This particularly concerns:
The price, excluding customs duties and import VAT. These additional costs are the responsibility and risk of the customer. The postal and/or courier service will use the special arrangement for postal and courier services with regard to import. This arrangement applies when goods are imported into the EU country of destination, which in this case is also the case. The postal or courier service collects the VAT (whether or not together with the customs clearance costs) from the recipient of the goods;
Any shipping costs;
The manner in which the agreement will be concluded and which actions are necessary for this;
Whether or not the right of withdrawal applies;
The method of payment, delivery, and execution of the agreement;
The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
The level of the rate for remote communication if the costs of using the remote communication technique are calculated on a basis other than the basic rate for the means of communication used;
Whether the contract is archived after its conclusion, and if so, in what way it can be consulted by the consumer;
The way in which the consumer can check and, if desired, correct the information provided by them before concluding the contract;
The possible other languages in which, in addition to Dutch, the agreement can be concluded;
The codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes electronically; and
The minimum duration of the distance contract in the event of a continuous transaction.
Optional: available sizes, colors, types of materials.
Article 5 – The Contract
The contract is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and compliance with the stipulated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as this receipt of acceptance has not been confirmed by the entrepreneur, the consumer may terminate the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal frameworks, inquire whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the contract, they are entitled to refuse an order or application with reasons or to attach special conditions to its execution.
The entrepreneur will provide the following information to the consumer, in writing or in such a way that it can be stored by the consumer on a durable data carrier, with the product or service:
The business address of the entrepreneur where the consumer can go with complaints;
The conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
Information on warranties and existing after-purchase service;
The data included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this data to the consumer before the execution of the contract;
The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the products in question.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving reasons for 14 days. This cooling-off period commences on the day following the receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine if they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all accessories and – if reasonably possible – in its original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are required to inform the entrepreneur within 14 days after receiving the product. The consumer must do this by means of a written notice/email. After the consumer has communicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered items were returned timely, for example by means of proof of dispatch.
If, after the periods referred to in paragraphs 2 and 3 have expired, the consumer has not expressed their desire to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 – Costs in the Event of Withdrawal
If the consumer exercises their right of withdrawal, the costs for returning the products are at the consumer’s expense.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. However, this is subject to the condition that the product has already been received back by the online retailer or conclusive evidence of complete return has been provided.
Article 8 – Exclusion of Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
Article 9 – The Price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This is indicated in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
The prices mentioned in the offer of products or services are inclusive of VAT, except for additional customs duties and import VAT. These additional costs are the responsibility of the consumer.
Article 10 – Compliance with Contract and Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and usability, and the existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may exercise against the entrepreneur under the contract.
Any defects or incorrectly delivered products should be reported to the entrepreneur in writing within a reasonable time after discovery. The return of the products must be in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
Article 11 – Delivery and Execution
The entrepreneur will take the utmost care when receiving and executing orders for products and in assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Taking into account the provisions in Article 4 of these terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot or can only partially be executed, the consumer will be notified no later than 30 days after they place the order. In that case, the consumer has the right to dissolve the contract without cost and is entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. No later than the delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of return shipment are at the expense of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
By completing a purchase, the consumer agrees that the entrepreneur is not accountable or liable for:
Shipping delays caused by logistics or customs;
Additional fees, including customs duties and taxes;
The suitability of the product for individual preferences or needs.
The consumer assumes all risks associated with purchasing and importing the product.
Article 12 – Continuing Transactions: Duration, Termination, and Renewal
Termination
The consumer may terminate an indefinite contract for the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a maximum notice period of one month.
The consumer may terminate a fixed-term contract for the regular delivery of products (including electricity) or services at the end of the specified period, subject to agreed termination rules and a maximum notice period of one month.
For contracts as described in the previous two paragraphs, the consumer may:
Renewal
A fixed-term contract for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration.
By way of derogation from the previous paragraph, a fixed-term contract for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed duration of up to three months if the consumer can terminate this renewed contract at the end of the renewal period with a notice period of one month at most.
A fixed-term contract for the regular delivery of products or services may only be tacitly renewed indefinitely if the consumer may cancel at any time with a notice period of one month and a maximum of three months if the contract involves the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.
A contract with limited duration for the regular supply of daily, news, and weekly newspapers and magazines (trial or introductory subscriptions) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
To the extent not otherwise stipulated in the contract or additional conditions, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period commences, or in the absence of a cooling-off period, within 7 working days after the contract is concluded.
For a consumer purchase, a general condition may never require an advance payment of more than 50%. If advance payment has been stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer is obliged to report inaccuracies in payment data provided or stated to the entrepreneur without delay.
If the consumer fails to meet their payment obligation(s) on time, they are, after being informed by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days to fulfill the payment obligations, liable to pay statutory interest on the amount still due, and the entrepreneur is entitled to charge any extrajudicial collection costs incurred by them. These collection costs amount to a maximum of 15% on outstanding amounts up to €2,500; 10% on the following €2,500; and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from the stated amounts and percentages in favor of the consumer.
Article 14 – Complaints Procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the contract must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after the complaint has been submitted, a dispute arises that is subject to the dispute resolution procedure.
Article 15 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer resides abroad.
