Terms of Service
Article 1 โ Definitions
In these terms, the following words have the meanings set out below.
Reflection period: the period within which the consumer can exercise their right of withdrawal.
Consumer: a 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, the delivery and/or purchase obligation of which is spread over time.
Durable medium: any tool that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the reflection period.
Trader: the natural or legal person offering products and/or services to consumers at a distance.
Distance contract: a contract concluded solely through one or more means of distance communication, as part of an organised system for the distance sale of products and/or services operated by the trader.
Means of distance communication: means that can be used to conclude a contract without the consumer and trader being in the same place at the same time.
These Terms: these Terms of Service as established by the trader.
Article 2 โ Trader Details
Trading name: Alders Herenmode
Company name: ELVARO COMMERCE LTD
Customer service email: info@alders-herenmode.nl
Company registration number: 17403867
Country of registration: United Kingdom
Registered address: 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom
Article 3 โ Applicability
These Terms apply to every offer made by the trader and to every distance contract and order concluded between trader and consumer.
Before a distance contract is concluded, the text of these Terms will be made available to the consumer. If this is not reasonably possible, the trader will, before the distance contract is concluded, indicate how the Terms can be viewed at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these Terms may 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, it will be indicated, before the distance contract is concluded, where the Terms can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that, in addition to these Terms, specific product or service terms also apply, the second and third paragraphs apply accordingly and, in the event of conflicting terms, the consumer may always rely on the applicable provision that is most favourable to them.
Should one or more provisions of these Terms at any time be wholly or partially void or be annulled, the contract and these Terms shall otherwise remain in force, and the provision in question shall be replaced without delay, by mutual agreement, with a provision that most closely approximates the original intent.
Situations not covered by these Terms should be assessed in the spirit of these Terms.
Any ambiguities regarding the interpretation or content of one or more provisions of these Terms should be interpreted in the spirit of these Terms.
Article 4 โ The Offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The trader is entitled to change 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, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Images accompanying products are a true representation of the products offered. The trader cannot guarantee that the colours displayed exactly match the actual colours of the products.
Each offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer, including:
The price excluding customs duties and import taxes. These additional costs are the customer's own responsibility. Postal and delivery services may apply special import rules, applicable when goods are brought into an EU import country, which applies here. The postal/delivery service will collect VAT from the recipient of the package (whether or not added to customs handling costs).
Any shipping costs that may apply.
The manner in which the contract will be concluded and what actions are required for this.
Whether 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.
The amount of the rate for distance communication if the costs of using the means of distance communication differ from the regular basic rate.
Whether the contract will be archived after it is concluded, and if so, how the consumer can access it.
The way in which the consumer, before concluding the contract, can check and, if desired, correct the details provided.
Any languages, other than English, in which the contract can be concluded.
The codes of conduct to which the trader is subject and how the consumer can consult these codes of conduct electronically.
The minimum duration of the distance contract in the case of a continuous performance contract.
Optional information: available sizes, colours and material types.
Article 5 โ The Contract
Subject to the provisions of Article 4, the contract is concluded at the moment the consumer accepts the offer and satisfies the corresponding conditions.
If the consumer has accepted the offer electronically, the trader will promptly confirm electronic receipt of the acceptance of the offer. As long as receipt of this acceptance has not been confirmed by the trader, 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 observe appropriate security measures for this purpose.
The trader may โ within legal limits โ verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the trader has good grounds not to enter into the contract, it is entitled to refuse an order or request, with reasons given, or to attach special conditions to its performance.
The trader will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium: the visiting address of the trader's establishment where the consumer can lodge complaints; the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal; information about existing after-sales service and guarantees; the information set out in Article 4(3) of these Terms, unless the trader has already provided this information to the consumer prior to performance of the contract; the requirements for terminating the contract if the contract has a duration of more than one year or is for an indefinite period.
In the case of a continuous performance contract, the provision in the previous paragraph only applies to the first delivery.
Every contract is entered into subject to the condition precedent of sufficient availability of the relevant products.
Article 6 โ Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving reasons for a period of 30 days. This reflection period begins on the day after the consumer, or a representative designated in advance by the consumer and made known to the trader, receives the product.
During the reflection period, the consumer will handle the product and packaging with care. They will 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 will return the product to the trader with all accessories supplied and โ if reasonably possible โ in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 30 days of receiving the product. The consumer must notify this by means of a written notice or by email. After the consumer has stated that they wish to exercise their right of withdrawal, the consumer must return the product within 30 days. The consumer must demonstrate that the delivered goods have been returned in time, for example by means of proof of shipment.
If, after the periods referred to in paragraphs 2 and 3 have expired, the consumer has not stated that they wish to exercise their right of withdrawal or has not returned the product to the trader, the purchase is final.
Article 7 โ Costs in the Event of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the product are the consumer's responsibility.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than within 14 days of the withdrawal, provided the product has already been received by the trader or sufficient proof of complete return can be provided.
Article 8 โ 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 only applies if the trader has clearly stated this in the offer, in good time before the contract is concluded.
Exclusion of the right of withdrawal is only possible for products that: have been produced by the trader according to the consumer's specifications; are clearly personal in nature; cannot by their nature be returned; may spoil or age quickly; are subject to fluctuations in the financial market over which the trader has no influence; are loose newspapers and magazines; are audio and video recordings and computer software of which the consumer has broken the seal; are hygiene products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services relating to: accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period; services whose delivery has begun with the consumer's express consent before the reflection period has expired; games of chance and lotteries.
Article 9 โ The Price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, at variable prices. This dependence on fluctuations, and the fact that any stated prices are target prices, will be stated in the offer.
Price increases within 3 months of 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 trader has stipulated this and: they result from statutory regulations or provisions; or the consumer has the authority to cancel the contract with effect from the day on which the price increase takes effect.
The place of delivery is the country from which transport begins. In this case, this means delivery outside the EU. Import VAT or customs handling costs will therefore be collected from you by the postal/delivery service. As a result, no VAT will be charged by the trader.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to deliver the product at the incorrect price.
Article 10 โ Conformity and Warranty
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for uses other than normal use.
A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the contract.
Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Products must be returned in their original packaging and in unused condition.
The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for any individual application 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 has had them repaired and/or modified by third parties.
The delivered products have been exposed to abnormal conditions or otherwise handled carelessly, or are in conflict with the trader's instructions and/or those on the packaging.
The defect is wholly or partly the result of government regulations that have been or will be imposed regarding the nature or quality of the materials used.
Article 11 โ Delivery and Performance
The trader will exercise the greatest possible care when receiving and processing orders for products.
The place of delivery is the address that the consumer has made known to the trader.
Subject to what is stated about this in Article 4 of these Terms, the trader will process accepted orders promptly 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 or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 14 days of the dissolution.
If delivery of an ordered product proves impossible, the trader will make an effort to make a replacement item available. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are 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 โ Continuous Performance Contracts: Duration, Termination and Renewal
Termination
The consumer may terminate a contract that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the previous paragraphs:
At any time and not be limited to termination at a specific time or during a specific period.
At least in the same manner in which they were entered into.
Always with the same notice period as the trader has stipulated for itself.
Renewal
A contract that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
Notwithstanding the previous paragraph, a contract entered into for a fixed period that extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a fixed period of a maximum of three months, if the consumer may terminate this extended contract towards the end of the extension with a notice period of no more than one month.
A contract entered into for a fixed period that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and a notice period of no more than three months in the event the contract extends to the regular, but less than monthly, delivery of daily, weekly and door-to-door newspapers and magazines.
A contract with a limited duration for the regular delivery of daily or weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will end 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, terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.
Article 13 โ Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days of the start of the reflection period referred to in Article 6(1). In the case of a contract to provide a service, this period begins after the consumer has received confirmation of the contract.
The consumer has a duty to report inaccuracies in provided or stated payment details to the trader without delay.
In the event of late payment by the consumer, the trader has the right, subject to statutory limitations, to charge the consumer the reasonable costs that have been made known to them in advance.
Article 14 โ Complaints Procedure
Complaints about the performance of the contract must be submitted to the trader fully and clearly described within 7 days of the consumer discovering the defects.
Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
Submitting a complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
If the trader considers a complaint justified, the trader will, at its own discretion, repair or replace the delivered products free of charge.
Article 15 โ Disputes
Contracts between the trader and the consumer to which these Terms relate are governed exclusively by English law, even if the consumer resides abroad.