Article 1 - Definitions
For the purposes of these Conditions, the following definitions shall apply:
cooling-off period: the period within which the consumer may exercise his right of withdrawal;
Consumer means a natural person who is not engaged in a trade or business and who concludes a distance contract with a trader;
Day: a calendar day;
Long-term transaction: a distance contract covering several products and/or services for which the obligation to supply and/or purchase is spread over time;
Durable medium: any medium which enables the consumer or trader to store information addressed to him personally in such a way that the stored information can be viewed and reproduced unchanged at a later stage.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within a cooling-off period;
Entrepreneur: a natural or legal person who provides goods and/or services to consumers by means of a distance contract;
Distance contract: a contract which, within the framework of a system organised by the trader for the distance marketing of products and/or services, uses exclusively one or more means of distance communication up to and including the conclusion of the contract;
Distance communication technology: a means which may be used to conclude a contract without the consumer and the trader meeting in the same room at the same time.
General terms and conditions: the current general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
E-mail address: support@millylondon.com
Company name: W.B. E-commerce B.V.
Chamber of Commerce number: 93343019
Article 3 - Applicability
These general terms and conditions apply to all offers made by the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the following parties
the consumer.
Before the conclusion of a distance contract, these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the consumer shall be informed that the general terms and conditions may be consulted at the trader's premises and that they will be sent to the consumer on request as soon as possible free of charge.
Where the distance contract is concluded by electronic means, the text of these general terms and conditions may, by way of derogation from the previous paragraph and before the conclusion of the distance contract, be made available to the consumer by electronic means in the following formats
in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the place where the general terms and conditions can be consulted electronically shall be indicated before the distance contract is concluded.
that the general terms and conditions are accessible by electronic means and are sent to the consumer at his request, by electronic means or otherwise free of charge.
Where specific product or service-specific terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflict between the general terms and conditions, the consumer may
always rely on the applicable term which is most favourable to him.
If at any time one or more of the provisions of these General Terms and Conditions is or are invalid or revoked in whole or in part, the contract and these Terms and Conditions shall otherwise remain in force and that provision shall be replaced without delay by a mutually negotiated provision which is as similar as possible to the original provision.
Situations not covered by these general terms and conditions shall be assessed in the spirit of these general terms and conditions.
Any ambiguity as to the interpretation or content of one or more of the provisions of our terms and conditions shall be interpreted in accordance with the spirit of these general conditions.
Article 4 - Offer
If the offer is limited in time or subject to conditions, this must be explicitly stated in the offer.
The offer is without obligation. The entrepreneur has the right to modify and adapt the offer.
The tender shall contain a full and accurate description of the products and/or services offered. The description shall be sufficiently detailed to enable the consumer to assess the offer properly. If the trader uses
pictures, they are a true representation of the products and/or services offered. The trader is not bound by obvious errors or obvious shortcomings in the offer.
All images, specifications and information contained in the offer are indicative and cannot be the basis for compensation or termination of the contract.
The pictures accompanying the products are a true representation of the products offered. The operator cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
Each offer contains information to make it clear to the consumer what rights and obligations are attached to accepting the offer. This applies in particular to the following:
the price excluding customs clearance charges and import VAT. These additional costs are at the customer's expense and risk. The postal and/or courier service uses the special scheme applicable to postal and courier services for importation. This scheme applies when the goods are imported into the EU country of destination, as in this case. The postal and/or courier service collects VAT (either jointly or separately with customs clearance charges) from the consignee of the goods;any shipping costs;
the way in which the contract is concluded and what action it requires;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance;
the time limit for acceptance of the offer or the time limit within which the trader guarantees the price;
the level of the distance communication charge, where the cost of using the distance communication technology is calculated on a basis other than the normal basic charge for the means of communication used;
whether the contract is archived after its conclusion and, if so, how the consumer can access it;
the way in which the consumer can check and, if he so wishes, correct the information provided under the contract before it is concluded.
the languages other than Dutch in which the contract may be concluded;
the code of conduct to be followed by the trader and the way in which the consumer can access this code of conduct electronically;
and the minimum duration of the distance contract in the case of a long-term transaction. Optional: available sizes, colours, type of material.
Article 5 - Agreement
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions set out in it.
If the consumer has accepted the offer by electronic means, the trader shall immediately acknowledge receipt of the acceptance of the offer by electronic means. As long as the trader has not acknowledged receipt of the acceptance, the consumer may withdraw from the contract.
If the contract is concluded by electronic means, the trader takes appropriate technical and organisational measures to protect the electronic transmission of data and to ensure a secure online environment. If the consumer can pay electronically, the trader will take appropriate security measures.
The trader can - within the legal framework - determine whether the consumer is able to meet his payment obligations and all the facts and factors that are relevant for the responsible conclusion of a distance contract. If, on the basis of this examination, the trader has a justified reason not to conclude the contract, he has the right to refuse the order or application or to attach specific conditions to its execution, stating the reasons for the refusal.
The trader shall include the following information with the product or service supplied to the consumer, in writing or in such a way that the consumer can store it on a readily accessible durable medium:
Article 6 - Right of withdrawal
When buying products, the consumer has 14 days to cancel the contract without giving any reason. This cooling-off period starts the day after the consumer or his representative has received the product earlier.
a representative appointed by the consumer and notified to the trader.
During the cooling-off period, the consumer must handle the product and its packaging with care. He shall unpack the product or use it only to the extent necessary to assess whether he wishes to keep it. If the consumer exercises his right of withdrawal, he must return the product to the trader with all the accessories supplied and, where reasonably practicable, in its original condition and packaging, in accordance with the trader's reasonable and clear instructions.
If the consumer wishes to exercise his right of withdrawal, he must inform the trader within 14 days of receipt of the product. The consumer must inform the trader in writing/email. Once the consumer has informed the trader that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the goods delivered have been returned in time, for example by means of a delivery receipt.
If the customer has not expressed his/her wish to exercise his/her right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is de facto.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the consumer is responsible for the costs of returning the products.
If the consumer has paid a certain amount, the trader will refund this amount as soon as possible and no later than 14 days after the withdrawal. This is provided that the trader has already taken back the product or that convincing proof of a full refund can be provided.
Article 8 - Exclusion of the right of withdrawal
The trader may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader has clearly indicated this in the offer or at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for the following products
1. which have been manufactured by the trader according to the consumer's specifications;
2. which are clearly personal in nature;
3. which cannot be returned because of their nature;
4. which perish or expire quickly;
5. the price of which is subject to fluctuations in the financial markets over which the trader has no control;
6. for individual newspapers and magazines;
7. for sound and image recordings and computer software whose seal has been broken by the consumer.
8. hygiene products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
1. for accommodation, transport, catering or leisure activities carried out on a specific day or during a specific period;
2. the supply of which has begun, with the express consent of the consumer, before the end of the cooling-off period;
3. concerning betting and lotteries.
Article 9 - Price
There will be no increase in the prices of the products and/or services offered during the period of validity of the tender, except for price changes due to changes in the VAT rate.
By way of derogation from the previous point, the contractor may offer products or services whose prices are subject to fluctuations in the financial markets over which the contractor has no control, at variable prices. This link with fluctuations and the fact that the prices quoted are target prices shall be indicated in the offer.
Price increases within three months of the conclusion of the contract are permitted only if they are due to statutory provisions or regulations.
Price increases 3 months after the conclusion of the contract are only allowed if the contractor has agreed to them and:1. they result from legal or regulatory provisions; or
2. the consumer has the right to withdraw from the contract on the day the price increase takes effect.
Under Section 5(1) of the Sales Tax Act 1968, the place of supply is the country where the transport begins. In this case, the delivery is outside the EU. The postal or courier service then charges the customer the import VAT or customs clearance fee. Therefore, the trader does not charge VAT.
All prices may include printing errors. No liability is accepted for the consequences of typographical errors and misspellings. In the case of a typographical error, the company is not obliged to supply the product at the incorrect price.
Article 10 - Conformity and guarantee
The Contractor warrants that the Products and/or Services comply with the Contract, the specifications set out in the tender, reasonable durability and/or fitness for purpose requirements and the legal and/or regulatory provisions in force on the date of the conclusion of the Contract. If so agreed, the trader also guarantees that the product is suitable for other than normal use.
The guarantee given by the trader, the manufacturer or the importer does not affect any legal rights and claims that the consumer may have against the trader under the contract.
The trader must be notified in writing of defective or faulty products within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The entrepreneur's guarantee period is the same as the factory's. However, the trader is never responsible for the final suitability of the products for each specific use by the consumer, nor for any advice on the use or application of the products.
The guarantee is not valid if:
The consumer has himself repaired and/or modified the products supplied or has had them repaired and/or modified by a third party;
the products supplied have been subjected to abnormal conditions or have otherwise been handled negligently or contrary to the instructions given by the entrepreneur and/or the instructions on the packaging;
the defect is due in whole or in part to regulations which the Government has imposed or will impose on the nature or quality of the materials used.
Article 11 - Transmission and enforcement
The company takes the utmost care when receiving and fulfilling orders for products.
Subject to Article 4 of these General Terms and Conditions, the Company will execute orders received promptly and within 30 days at the latest, unless the consumer has agreed to a longer delivery period.
If delivery is delayed or if the order cannot be executed or can only be partially executed, the consumer shall be informed of this no later than 30 days after the order has been placed. In this case, the consumer will be entitled to terminate the contract without any costs and to claim any damages.
If the contract is cancelled in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible, but not later than 14 days after cancellation.
If the delivery of the ordered product proves impossible, the entrepreneur will try to provide a substitute. At the latest at the time of delivery, it will be clearly and comprehensibly stated that a replacement product will be delivered. The right of withdrawal cannot be ruled out in the case of a substitute item. The cost of any return shipment shall be borne by the trader.
The risk of damage to and/or loss of the products remains with the entrepreneur until the products are handed over to the consumer or to a previously appointed representative made aware of this by the entrepreneur, unless expressly agreed otherwise.
Article 12 - Lasting events: duration, termination and renewal
Termination
The consumer may at any time terminate a contract of indefinite duration concluded for the regular supply of goods (including electricity) or services, subject to the applicable termination rules and a maximum period of notice of one month.
The consumer may terminate a fixed-term contract concluded for the regular supply of goods (including electricity) or services at any time before the expiry of the fixed term, subject to the rules on termination duly agreed for that purpose and subject to a maximum period of notice of one month.
The consumer may terminate the contracts referred to in the preceding paragraphs:
terminate at any time and shall not be limited to termination at a specific time or within a specific period;
terminate them at least in the same way as he has concluded them;
always terminate them with the same period of notice as the contractor has given himself.
Renewal
A fixed-term contract concluded for the regular supply of goods (including electricity) or services may not be tacitly renewed or extended for a fixed period.
By way of derogation from the preceding paragraph, a fixed-term contract for the regular supply of daily or weekly newspapers and periodicals may be
may be tacitly renewed for a period not exceeding three months, provided that the consumer may terminate the renewed contract at the end of the period of renewal by giving not more than one month's notice.
A fixed-term contract concluded for the regular supply of goods or services may be automatically renewed for an indefinite period only if the consumer may terminate the renewed contract at any time by giving not more than one month's notice and not more than three months' notice where the contract provides for the regular supply of daily or weekly newspapers, periodicals and magazines but less frequently than once a month.A fixed-term contract for the regular supply of daily, news and weekly newspapers and magazines as a demonstration subscription (trial or demonstration subscription) will not be tacitly renewed but will automatically terminate at the end of the trial or demonstration period.
Duration
If the duration of the contract is more than one year, the consumer may terminate the contract at any time after one year by giving up to one month's notice, except where fairness and equity prevent termination before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the consumer's debts must be paid within 7 working days of the start of the cooling-off period referred to in Article 6(1). In the case of a contract for the provision of a service, this period shall start after the consumer has received confirmation of the contract.
The consumer is obliged to inform the trader immediately of any inaccuracies in the payment information provided or referred to.
If the consumer fails to pay, the trader is entitled, subject to legal restrictions, to charge the consumer the reasonable costs notified in advance.
Article 14 - Complaints procedure
Complaints about the performance of the contract must be submitted to the trader within 7 days of the consumer's discovery of the defects, which are clearly and fully described.
Complaints submitted to the trader will be replied to within 14 days of receipt. If a complaint is likely to require a longer period of time, the trader will respond within 14 days by sending an acknowledgement of receipt and a notice stating when the consumer can expect a more detailed response.
If the complaint cannot be resolved amicably, a dispute will arise, which will be subject to the dispute settlement procedure.
The complaint will not suspend the trader's obligations unless the trader indicates otherwise in writing.
If the trader considers the complaint to be justified, the trader will, at his discretion, either replace or repair the products supplied free of charge.
Article 15 - Disputes
Contracts between a trader and a consumer which are covered by these general terms and conditions are governed exclusively by Dutch law. Even if the consumer is resident abroad.
