General Terms and Conditions

General Terms and Conditions

General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Withdrawal period: the period within which the consumer can make use of their right of withdrawal;

  • Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;

  • Day: calendar day;

  • Ongoing transaction: a distance contract concerning a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;

  • Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to them in a way that allows future consultation and unaltered reproduction of the stored information;

  • Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

  • Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;

  • Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;

  • Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being in the same room at the same time.

Article 2 – Identity of the Entrepreneur

Quinn London
Email address: info@quinnlondon.com
Chamber of Commerce number (KvK): 93258683
VAT identification number: NL005093840B28

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be stated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, electronically or otherwise, at the consumer’s 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, in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favorable to them.

Article 4 – The Offer

If an offer has a limited validity period or is made under conditions, this will be explicitly stated in 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 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.

Each offer contains information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

  • the price including taxes;

  • any delivery costs;

  • the way the agreement will be concluded and what 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 distance communication if the costs of using the technique for distance communication are calculated on a different basis than the regular basic rate for the communication medium used;

  • whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;

  • the way the consumer, before concluding the contract, can check and, if desired, correct the data provided by them under the agreement;

  • any other languages in which the agreement can be concluded;

  • the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically;

  • the minimum duration of the distance contract in the case of an ongoing transaction.

Article 5 – The Agreement

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

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve 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 safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur can – within legal frameworks – inform whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, he is entitled to refuse an order or request or to attach special conditions to the execution.

With the product or service, the entrepreneur will send the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

  • the visiting address of the entrepreneur's establishment where the consumer can address complaints;

  • the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;

  • the information about guarantees and existing service after purchase;

  • the information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

  • the requirements for termination of the agreement if the agreement has a duration of more than one year or is indefinite.

In the case of an ongoing transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of Withdrawal Upon Delivery of Products

When purchasing products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This reflection period starts on the day after the consumer or a representative previously designated by the consumer and communicated to the entrepreneur has received 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 the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 7 – Costs in Case of Withdrawal

If the consumer makes use of their right of withdrawal, the costs of returning the goods will be at most for their account.

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 return or withdrawal.

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 applies only if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the contract.

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

  • that have been made to the consumer’s specifications by the entrepreneur;

  • that are clearly personal in nature;

  • that by their nature cannot be returned;

  • that spoil or age quickly;

  • whose price is subject to fluctuations in the financial market that are beyond the entrepreneur's control;

  • for individual newspapers and magazines;

  • for audio and video recordings and computer software of which the consumer has broken the seal.

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

  • concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;

  • the delivery of which has begun with the consumer's express consent before the reflection 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 be increased, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and that the entrepreneur cannot influence. This susceptibility to fluctuations and the fact that any prices stated are target prices are 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 from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

  • they are the result of legal regulations or provisions; or

  • the consumer has the right to terminate the agreement with effect from the day the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

Article 10 – Conformity and Guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

Article 11 – Delivery and Execution

The entrepreneur will take the greatest possible 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.

Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed of this no later than 30 days after they have placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.

In case 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 30 days after the dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will strive to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. In the case of 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 previously designated and announced representative, unless expressly agreed otherwise.

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

Termination

The consumer may at any time terminate an agreement entered into for an indefinite period, which extends to the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may at any time terminate a fixed-term agreement that has been concluded for the regular delivery of products (including electricity) or services at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements mentioned 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 way as they were entered into by them;

  • always with the same notice period as the entrepreneur has stipulated for themselves.