Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the trader;
Day: calendar day;
Ongoing transaction: a distance contract relating to a series of products and/or services, the delivery and/or acceptance obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or trader to store information addressed personally to them 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 cooling-off period;
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of a system organised by the trader for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
Means of distance communication: any means that can be used to conclude a contract without the consumer and trader being together in the same place at the same time.
Terms and Conditions: these General Terms and Conditions of the trader.
Article 2 – Identity of the Trader
Company name: Femme London
Chamber of Commerce number: Z21463397
Trade name: Femme London
VAT number: ESZ21463397
Customer service email: info@femme-london.co.uk
Company address: Carrer de la mare de due del mar 130, 46780 Oliva
Article 3 – Applicability
These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader shall indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the trader’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, by way of derogation from the previous paragraph, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, the consumer will be informed where the terms and conditions can be accessed electronically and that they will be sent electronically or by other means free of charge upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and the consumer may always rely on the applicable provision that is most favourable to them in the event of conflicting conditions.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the contract and these terms shall remain otherwise in force, and the relevant provision shall be replaced in mutual consultation by a provision that as closely as possible reflects the original intent.
Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Ambiguities about the interpretation or content of one or more provisions of these terms must be interpreted ‘in the spirit’ of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The trader is entitled to change or modify the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the trader.
All images, specifications, and information in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a truthful representation of the offered products. The trader cannot guarantee that the displayed colours exactly match the actual colours of the products.
Each offer contains sufficient information for the consumer to understand what the rights and obligations are that are linked to the acceptance of the offer. This includes in particular:
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the price, excluding customs clearance fees and import VAT. These additional costs are the responsibility and risk of the customer. The postal or courier service will, regarding the import, apply the special scheme for postal and courier services. This scheme applies when goods are imported into the EU country of destination, which is the case here. The postal or courier service will collect VAT (possibly together with any clearance fees charged) from the recipient of the goods;
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any shipping costs;
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the manner in which the agreement will be concluded and which actions are necessary for this;
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whether or not the right of withdrawal applies;
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the method of payment, delivery, and performance of the contract;
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the period for accepting the offer, or the period within which the trader guarantees the price;
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the rate for distance communication if the cost of using the communication technique is calculated on a different basis than the regular base rate for the means of communication used;
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whether the agreement will be archived after conclusion and, if so, how it can be accessed by the consumer;
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the way in which the consumer, before concluding the agreement, can check and, if desired, correct the information provided by them in relation to the agreement;
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any other languages in which the agreement can be concluded besides Dutch;
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the codes of conduct to which the trader has submitted and how the consumer can consult these codes of conduct electronically;
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the minimum duration of the distance contract in case of an ongoing transaction;
Optional: available sizes, colours, types of materials.
Article 5 – The Contract
The contract is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfilment of the associated conditions.
If the consumer has accepted the offer electronically, the trader shall confirm receipt of the acceptance of the offer without delay via electronic means. As long as the 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 shall implement 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 shall observe appropriate security measures.
The trader may – within legal frameworks – investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the trader, based on this investigation, has good reason not to enter into the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The trader shall provide the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
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the address of the trader’s business location where the consumer can lodge complaints;
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the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
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information about guarantees and existing after-sales services;
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the data referred to in Article 4 paragraph 3 of these terms, unless the trader has already provided this information to the consumer before executing the contract;
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the requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration.
In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.
Every contract is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to dissolve the contract without stating reasons for a period of 30 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the trader.
During the reflection period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they must return the product with all supplied accessories and – if reasonably possible – 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 after receiving the product. Notification must be made in writing or by email. After expressing the intention to withdraw, the customer must return the product within 30 days. The consumer must prove that the goods have been returned on time to the place of origin, which may be directly to our supplier in China. This can be done by providing proof of shipment, for example.
If the consumer does not notify the trader within the periods mentioned in paragraphs 2 and 3, or does not return the product to the trader, the purchase is considered final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne entirely by the consumer. This includes potential costs for returning the goods to the country of origin, i.e. our supplier in China.
If the consumer has paid an amount, the trader shall refund this amount as soon as possible but no later than 30 days after withdrawal, provided the product has already been received by the trader or conclusive proof of complete return has been submitted.
Article 8 – Exclusion of Right of Withdrawal
The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal only applies if the trader has clearly stated 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 products:
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that are made by the trader according to the consumer’s specifications;
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that are clearly of a personal nature;
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that, by their nature, cannot be returned;
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that spoil or age quickly;
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whose price is dependent on fluctuations in the financial market over which the trader has no influence;
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for single issues of newspapers and magazines;
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for audio and video recordings and computer software whose seal has been broken by the consumer;
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for hygiene products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
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relating to accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
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that have begun with the consumer’s explicit consent before the reflection period has expired;
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concerning betting and lotteries.
Article 9 – The Price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
By way of derogation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. These fluctuations and the fact that any listed prices are target prices will be stated in the offer.
Price increases within 3 months of the contract’s conclusion are only permitted if they result from legal regulations or provisions.
Price increases from 3 months after the contract’s conclusion are only permitted if the trader has stipulated this and:
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they result from legal regulations or provisions; or
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the consumer has the right to cancel the contract from the date the price increase takes effect.
Delivery is deemed to take place outside the EU based on Article 5, paragraph 1 of the 1968 Turnover Tax Act. As such, import VAT and clearance costs will be collected from the recipient by the postal or courier service. Therefore, the trader will not charge VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of such errors, the trader is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Guarantee
The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable standards of soundness and/or usability, and legal provisions and/or government regulations in force on the date of the contract’s conclusion. If agreed, the trader also guarantees that the product is suitable for purposes other than normal use.
A guarantee provided by the trader, manufacturer, or importer does not affect the consumer’s statutory rights and claims against the trader under the contract.
Any defects or incorrectly delivered products must be reported in writing to the trader within 30 days after delivery. Products must be returned in their original packaging and in new condition.
The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader is never responsible for the product’s ultimate suitability for every individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:
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the consumer has repaired and/or modified the products themselves or had them repaired and/or modified by third parties;
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the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the trader’s instructions and/or packaging;
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the fault is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The trader will take the greatest possible care in receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
With due regard to what is stated in Article 4 of these terms, the company will execute accepted orders promptly and at the latest within 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the consumer shall be informed of this within 30 days after placing the order. In such cases, the consumer is entitled to dissolve the agreement at no cost and may be entitled to compensation.
In case of 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 30 days after dissolution.
If delivery of an ordered product proves impossible, the trader will endeavour to provide a replacement item. It will be stated clearly and understandably at the time of delivery that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment is 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 pre-designated representative known to the trader, unless expressly agreed otherwise.
Article 12 – Ongoing Transactions: Duration, Termination, and Renewal
Termination
The consumer may terminate a contract of indefinite duration that involves 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 fixed-term contract that involves the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
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at any time and not be limited to termination at a specific time or during a specific period;
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at least in the same manner as they were entered into;
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always with the same notice period as the trader has stipulated for themselves.
Renewal
A fixed-term contract involving the regular delivery of products or services may not be automatically extended or renewed for a fixed term.
By way of exception, a fixed-term contract for the regular delivery of daily, news, and weekly newspapers and magazines may be automatically extended for a period of up to three months, provided the consumer can terminate the extended contract at the end of the extension with a notice period of no more than one month.
A fixed-term contract involving the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer may terminate the contract at any time with a notice period of no more than one month, or no more than three months if the contract involves the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.
A contract for a limited period for the regular delivery of newspapers and magazines for introductory purposes (trial or introductory subscriptions) shall not be automatically continued and shall end 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 no more than one month, unless reasonableness and fairness dictate otherwise.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6(1). In the case of a service agreement, this period begins after the consumer has received the contract confirmation.
The consumer has an obligation to immediately report any inaccuracies in the provided or stated payment details to the trader.
In the event of default by the consumer, and subject to legal limitations, the trader is entitled to charge the consumer reasonable costs that were made known in advance.
Article 14 – Complaints Procedure
Complaints about the performance of the contract must be submitted to the trader within 7 days after the consumer has identified the defects, fully and clearly described.
Article 15 – Disputes
Contracts between the trader and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.
The Vienna Convention on Contracts for the International Sale of Goods does not apply.