Terms of Service

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer can exercise their right of withdrawal.

Consumer: the natural person who does not act in the course of their profession or business and enters into a distance contract with the entrepreneur.

Day: calendar day.

Continuous transaction: a distance contract concerning a series of products and/or services, with delivery and/or performance spread over time.

Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally, in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period.

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.

Distance contract: a contract concluded through one or more remote communication techniques in a system organized by the entrepreneur for the distance selling of products and/or services.

Remote communication technique: a method that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same location.

Terms and Conditions: these Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company Name: Serena London

Chamber of Commerce Number: [Insert number]

Trade Name: Serena London

VAT Number: [Insert VAT number]

Customer Service Email: info@serenalondon.com

Business Address: [Insert business address]

Article 3 – Applicability

These general terms and conditions apply to any offer made by the entrepreneur and any 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 reasonably not possible, it will be indicated that the terms and conditions are available from the entrepreneur and will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, in deviation from the previous paragraph, the text of these terms and conditions may be made available to the consumer electronically in a way that they can be stored on a durable medium in an accessible manner. If this is reasonably not possible, it will be indicated where the terms and conditions can be accessed electronically and that they will be sent free of charge upon the consumer's request.

In the case that specific product or service conditions apply in addition to these general terms, the second and third paragraphs apply accordingly, and in the event of conflicting terms, the consumer may always rely on the provision that is most favourable to them.

If one or more provisions of these terms and conditions are found to be wholly or partially void or annulled, the remaining provisions of the agreement and these terms will remain in effect. The relevant provision will be replaced by mutual agreement with a provision that most closely approximates the intent of the original.

Situations not covered by these terms and conditions should be assessed in line with the spirit of these terms.

Uncertainties regarding the interpretation or content of one or more provisions of these terms should be interpreted according to the spirit of these terms.

Article 4 – The Offer

If an offer has a limited validity or is subject to conditions, this will be explicitly mentioned in the offer.

The offer is non-binding. The entrepreneur is entitled to amend and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description must be detailed enough to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be 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 indicative and cannot be the cause for a claim for compensation or contract cancellation.

Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains sufficient information so that the consumer is clear about their rights and obligations upon acceptance of the offer. In particular, this includes:

  • 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 system for post and courier services in relation to imports. This applies when goods are imported into the destination EU country, which is the case here. The postal and/or courier service will collect VAT (possibly together with customs clearance fees) from the recipient of the goods.
  • any shipping costs;
  • the method by which the contract will be concluded and the actions required for this;
  • whether the right of withdrawal applies;
  • the method of payment, delivery, and performance of the contract;
  • the time limit for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
  • the communication charge rate for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular base rate for the communication tool used;
  • whether the contract will be archived after conclusion, and if so, how it can be consulted by the consumer;
  • the way the consumer can check and, if desired, correct the information provided in connection with the contract before concluding the agreement;
  • any other languages in which the contract can be concluded, besides English;
  • the codes of conduct the entrepreneur adheres to and how the consumer can consult them electronically; and
  • the minimum duration of the distance contract in the case of a continuous transaction.

Optional: available sizes, colours, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set out in it.

If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of this acceptance electronically without delay. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may cancel the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may – within legal limits – investigate whether the consumer can meet their payment obligations, as well as any factors relevant to responsibly entering into the distance agreement. If the entrepreneur has valid reasons not to enter into the agreement based on this investigation, they are entitled to refuse an order or application, or to attach special conditions to the execution.

The entrepreneur will send the consumer the following information, in writing or in a way that the consumer can easily store it on a durable medium:

  • the address of the entrepreneur's business where the consumer can lodge complaints;
  • the terms under which and the method by which the consumer can exercise their right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
  • information about guarantees and after-sales services;
  • the data mentioned in Article 4(3) of these terms, unless the entrepreneur has already provided this information before the contract was executed;
  • the requirements for cancelling the contract if it has a duration of more than one year or is of indefinite duration. In the case of a continuous transaction, this provision applies only to the first delivery.

Every agreement is entered into under the condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the possibility to cancel the agreement within 14 days without providing a reason. This cooling-off period starts the day after the consumer receives the product or a representative of the consumer, who has been designated in advance and made known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they wish to exercise their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging, according to the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. This notification must be made in writing or by email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must prove that the goods were returned on time, such as by providing proof of shipment.

If the customer has not notified their wish to exercise their right of withdrawal or has not returned the product within the time limits mentioned in paragraphs 2 and 3, the purchase is final.

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises their right of withdrawal, the return shipping costs for the products are the responsibility of the consumer.

If the consumer has made a payment, the entrepreneur will refund the amount as soon as possible, but no later than within 14 days after withdrawal, provided the product has been received back by the entrepreneur or valid proof of return shipment is 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. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

  • Made by the entrepreneur according to the consumer's specifications;
  • That are clearly personal in nature;
  • That cannot be returned due to their nature;
  • That can spoil or deteriorate quickly;
  • Whose price is tied to fluctuations in the financial market which the entrepreneur cannot influence;
  • For single newspapers and magazines;
  • For audio and video recordings and computer software if the consumer has broken the seal;
  • For hygiene products if the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  • Regarding accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specific period;
  • Where the delivery has started with the consumer's express consent before the cooling-off period has expired;
  • 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 increase, except for price changes resulting from changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and which the entrepreneur cannot influence, at variable prices. This dependency on fluctuations and the fact that any mentioned prices are indicative will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.

Price increases after 3 months from the conclusion of the agreement are only permitted if the entrepreneur has agreed to this, and:

  • They are the result of legal regulations or provisions; or
  • The consumer has the right to terminate the agreement starting from the day the price increase takes effect.

The place of delivery, according to Article 5, paragraph 1 of the Sales Tax Act 1968, is the country where the transport begins. In this case, the delivery takes place outside the EU. Consequently, the postal or courier service will collect import VAT or customs clearance fees from the recipient. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of printing or typographical errors. In case of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, reasonable standards of quality and/or usability, and the applicable legal provisions and/or government regulations in effect at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. The return of products must be made 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 final 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 had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or have been handled carelessly, or have been handled contrary to the entrepreneur's instructions and/or the instructions on the packaging;
  • The defect is wholly or partly the result of regulations imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care in receiving and processing orders for products.

The delivery address will be the address provided by the consumer to the company.

Subject to the provisions of Article 4 of these general terms and conditions, the company will process accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially executed, the consumer will be notified within 30 days after placing the order. In this case, the consumer has the right to cancel the agreement without cost and is entitled to any compensation.

In the case of cancellation under the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the cancellation.

If delivery of an ordered product proves impossible, the entrepreneur will make efforts to make a replacement item available. At the time of delivery, it will be clearly communicated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment will be borne by the entrepreneur.

The risk of damage and/or loss of products lies with the entrepreneur until delivery to the consumer or a representative designated by the consumer, unless explicitly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination, and Extension Termination

The consumer may terminate an agreement that has been entered into for an indefinite period and is for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a maximum notice period of one month.

The consumer may terminate an agreement that has been entered into for a fixed period and is for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a maximum notice period of one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

  • At any time, and is not limited to termination at a specific time or during a specific period;
  • At least in the same manner as they were entered into by the consumer;
  • Always with the same notice period as the entrepreneur has stipulated for themselves.

Extension

An agreement entered into for a fixed period and for the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.

In deviation from the previous paragraph, an agreement entered into for a fixed period and for the regular delivery of daily, news, and weekly newspapers and magazines may be automatically extended for a fixed period of up to three months, provided the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.

An agreement entered into for a fixed period and for the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can always terminate with a notice period of no more than one month, and with a notice period of no more than three months if the agreement is for the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.

An agreement for a limited period for the regular delivery of daily, news, and weekly newspapers and magazines for introductory or trial purposes will not be automatically extended and will end automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness oppose termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement for services, this period starts once the consumer has received confirmation of the agreement.

The consumer is obligated to notify the entrepreneur without delay of any inaccuracies in the provided or mentioned payment details.

In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur in full and clearly within 7 days 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 an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur's obligations unless the entrepreneur has stated otherwise in writing.

If a complaint is deemed valid by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

The agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.