Terms & Conditions

Article 1 - Definitions

In these general 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 engage in a profession or business and enters into a distance contract with an entrepreneur;

Day: calendar day;

Continuing transaction: a distance sales contract involving multiple products and/or services where the delivery and/or purchase obligations are spread over time;

Durable medium: any medium that allows a consumer or entrepreneur to store information personally addressed to them in such a way that the stored information can later be accessed and reproduced unchanged;

Right of withdrawal: the consumer's ability to renounce the distance sales contract during the cancellation period;

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

Distance contract: a contract in which, within the framework of a system organised by the entrepreneur for the distance selling of products and/or services, one or more means of distance communication are exclusively used, even up to the conclusion of the contract;

Distance communication technique: a means that can be used to conclude a contract without the consumer and entrepreneur meeting in the same room at the same time.

General terms: the current general terms and conditions of the entrepreneur.

Article 2 - Identity of the Administrator

Country: United Kingdom
Email: myshopandmoree@gmail.com

Article 3 - Applicability

These general terms and conditions apply to all offers from the trader and to all distance sales contracts and orders between the trader and consumers.

Before the distance sales contract is concluded, these general terms and conditions must be made available to the consumer. If this is not reasonably possible before the distance sales contract is concluded, it will be announced that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible upon request.

If the distance sales contract is concluded electronically, the text of these general terms and conditions, notwithstanding the previous paragraph, may be made available to the consumer electronically before the conclusion of the distance sales contract in such a way that the consumer can store it easily on a durable medium. If this is not reasonably possible, it will be announced before the conclusion of the distance sales contract where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

If specific product or service-specific terms apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in case of conflicting general terms, the consumer can always refer to the relevant provision that is most favourable to them.

If one or more provisions of these general terms and conditions are found to be wholly or partially invalid or void at any time, the agreement and these general terms and conditions shall remain in effect for the rest, and the relevant provision will, by mutual agreement, be replaced without delay by a provision that most closely corresponds to the purpose of the original provision.

Situations not regulated by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.

Article 4 - Offers

If the validity period of the offer is limited or conditional, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur has the right to alter and adjust the offer.

The offer includes a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed for the consumer to make an informed assessment of the offer. If the entrepreneur uses images, these must be a true representation of the products and/or services offered. Obvious errors or defects in the offer are not binding on the entrepreneur.

All images, specifications, and data in the offer are for guidance only and cannot serve as grounds for compensation or cancellation of the agreement.

The images of the products are a true representation of the offered products. The entrepreneur cannot guarantee that the colours displayed will exactly match the actual colours of the products.

Each offer contains information that clearly explains the rights and obligations associated with accepting the offer. This includes, in particular, the following points:

• Price excluding customs duties and VAT on import. These additional costs are the responsibility and risk of the customer. The postal and/or courier service has specific rules for postal and courier services related to import. This system applies when goods are imported to the destination country in the EU, as is the case here. The postal and/or courier service collects VAT (together with or separately charged customs clearance fees) from the recipient of the goods;
• Any shipping costs;
• The manner in which the contract was concluded and the actions required for this purpose;
• Whether the right of withdrawal applies;
• The method of payment, delivery, and fulfilment;
• The period for accepting the offer or the period during which the entrepreneur guarantees the price;
• The amount of the fee for using communication techniques if the costs of using the communication means are calculated differently from the usual basic rate for the communication means used;
• Whether the agreement is archived after it has been concluded, and if it is archived, how the consumer can access it;
• How the consumer can check the information they have provided in connection with the agreement before it is concluded, should they wish to do so;
• Other languages besides Dutch in which the agreement can be concluded;
• The ethical guidelines the entrepreneur follows, and how the consumer can access information about these guidelines electronically; and
• The minimum duration of the distance sales contract if it pertains to a time-limited event.

Optional: Available sizes, colours, material types.

Article 5 - Agreement

Unless otherwise specified in Section 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions outlined therein.

If the consumer has accepted the offer electronically, the entrepreneur must immediately confirm the acceptance of the offer electronically. Until the entrepreneur has confirmed receipt of the acceptance, the consumer may cancel the agreement.

If the agreement is concluded electronically, the entrepreneur must take appropriate technical and organisational measures to protect the electronic transmission of data and ensure a secure online environment. If the consumer can pay electronically, the entrepreneur must implement appropriate security measures.

The entrepreneur may inform themselves—within legal limits—whether the consumer can meet their payment obligations and any facts or factors important for responsibly concluding the distance sales contract. If, based on this information, the entrepreneur has valid reasons not to conclude an agreement, they have the right to reject an order or application or impose specific conditions on the implementation while providing reasons.

The entrepreneur must provide the following information for the product or service offered to the consumer, either in writing or in a manner that can be stored by the consumer on an easily accessible durable medium:

• The visit address of the entrepreneur’s company where the consumer can submit complaints;
• The conditions and procedure for exercising the right of withdrawal, or clear information on any exceptions to the right of withdrawal;
• Information about guarantees and after-sales services;
• The information mentioned in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the conclusion of the agreement;
• The requirements for cancellation of the agreement if the agreement lasts longer than one year or is of indefinite duration. In the case of a commercial transaction of long duration, the provisions of the previous paragraph only apply to the first delivery.

Each contract is concluded on the condition that the relevant products are sufficiently available.

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the option to cancel the agreement without providing a reason within 14 days. This cooling-off period starts the day after the consumer, or a representative designated by the consumer and communicated to the entrepreneur, receives the product.

During the cooling-off period, the consumer must handle the product and packaging with care. They may 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 to the entrepreneur with all accessories supplied and—if reasonably possible—in its original condition and packaging, in accordance with 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. The consumer must report this in writing or by email. Once the consumer has informed the entrepreneur that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must provide proof that the goods were returned on time, such as a shipping receipt.

If the consumer has not expressed their wish to use the right of withdrawal or has not returned the product to the entrepreneur within the periods mentioned in paragraphs 2 and 3, the purchase is considered final.

Article 7 - Costs of Exercising the Right of Withdrawal

If the consumer exercises their right of withdrawal, they must bear the costs of returning the products.

If the consumer has paid a certain amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the right of withdrawal. The condition is that the entrepreneur has already received the product back or that compelling evidence of full return can be provided.

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for the products mentioned in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this when the offer was made or at least in good time before the conclusion of the agreement.

The exclusion of the right of withdrawal is only possible for the following products:

• produced by the entrepreneur according to the consumer's specifications
• obviously of a personal nature
• which cannot be returned due to their nature
• which perish or age quickly;
• if the price is subject to fluctuations in the financial market which the entrepreneur has no control over;
• loose newspapers and magazines;
• sound and video recordings and computer software where the consumer has broken the seal;
• hygiene products where the consumer has broken the seal.

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

• related to accommodation, transport, catering or leisure activities that are to be performed on a specific date or within a specified period;
• if the delivery has begun with the consumer’s express consent before the expiry of the withdrawal period;
• in connection with betting and lotteries.

Article 9 - Price

During the validity period of the offer, the prices of the products and/or services offered may not be increased, except for price changes due to changes in VAT rates.

Notwithstanding the previous point, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market, over which the entrepreneur has no control, at variable prices. This link to fluctuations and the fact that the stated prices are target prices will be mentioned in the offer.

Price increases within three months after the conclusion of the contract are only allowed if they result from legal provisions or regulations.

Price increases from three months after the conclusion of the contract are only allowed if the entrepreneur has ordered this and:

• they result from legal provisions or regulations; or
• the consumer is entitled to cancel the agreement no later than the day the price increase takes effect.

In accordance with Section 5(1) of the Value Added Tax Act of 1968, the place of supply is in the country where transport begins. In this case, delivery takes place outside the EU. The postal or courier service will then charge the customer for import duties or customs fees. The entrepreneur therefore does not charge VAT.

The prices are subject to typographical errors. We accept no responsibility for the consequences of typographical errors. In the case of weight or printing errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 10 - Compliance and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements for reliability and/or usability, and the legal and/or public regulations applicable on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.

The warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may enforce against the entrepreneur based on the contract.

Defective or incorrectly delivered products must be reported in writing to the entrepreneur within 30 days after delivery. The products must be returned in their 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 products’ final suitability for each of the consumer’s individual purposes or for advice on 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 repairs and/or modifications carried out by a third party;
• the delivered products have been exposed to extraordinary circumstances or have been treated carelessly or in violation of the instructions provided by the entrepreneur and/or on the packaging;
• the defect is wholly or partly the result of regulations set by authorities regarding the nature or quality of the materials used.

Article 11 - Delivery and Implementation

The entrepreneur must exercise the utmost care when receiving and processing product orders.

The place of delivery is the address provided by the consumer to the entrepreneur.

Subject to the provisions stated in Article 4 of these general terms and conditions, the company will execute accepted orders with appropriate 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 be fulfilled or can only be partially fulfilled, the consumer will be informed within 30 days after the order was placed. In such cases, the consumer has the right to cancel the agreement at no cost and is entitled to any compensation.

If the agreement is cancelled according to 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 of the agreement.

If the delivery of the ordered product turns out to be impossible, the entrepreneur will attempt to deliver a replacement item. At the latest upon delivery, the consumer will be clearly and understandably informed that a replacement product is being delivered. For replacement products, the right of withdrawal cannot be excluded. The entrepreneur is responsible for the costs of returning the product.

The entrepreneur bears the risk of damage and/or loss of products until the moment the products are delivered to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration Events: Duration, Termination and Continuation

Termination

The consumer may terminate an indefinite contract entered into for the regular delivery of products (including electricity) or services at any time, subject to the applicable cancellation rules and a maximum notice period of one month.

The consumer may terminate a fixed-term contract for regular delivery of products (including electricity) or services at any time at the end of the fixed period, according to the agreed cancellation rules and with a notice period of no more than one month.

Consumers may terminate the contracts mentioned in the previous paragraphs at any time:

• terminate them at any time without being restricted to cancellation at a specific time or for a specific period;
• reject them in at least the same manner as when they were entered into;
• always terminate agreements with the same notice period that the entrepreneur has imposed on themselves.

Continuation

A contract entered into for a specific period which ensures regular delivery of products (including electricity) or services cannot be tacitly extended or renewed for a specific period.

Notwithstanding the previous paragraph, a fixed-term contract for regular delivery of daily or weekly newspapers and magazines can be tacitly extended by a maximum of three months, provided that the consumer can terminate the extended agreement before the end of the term with a notice period of no more than one month.

A fixed-term contract for regular delivery of goods or services may be tacitly extended indefinitely only if the consumer has the right to terminate the agreement at any time with a notice period of no more than one month, and, in the case of an agreement with a notice period of no more than three months, the delivery of daily or weekly newspapers and magazines, but no more than once a month.

The fixed-term contract for regular delivery of daily or weekly newspapers and magazines as a trial subscription (trial or test period) is not tacitly extended but will automatically cease at the end of the trial or test period.

Duration

If the 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 up to one month, unless early termination before the end of the agreed duration is not possible for reasons of fairness and equity.

Article 13 - Payment

Unless otherwise agreed, the consumer's debt must be paid within 7 working days after the withdrawal period in Article 6(1) has expired. For agreements involving the delivery of a service, this period starts after the consumer has received confirmation of the agreement.

The consumer is obligated to immediately report any inaccuracies in the payment information provided or mentioned to the entrepreneur.

If the consumer defaults on payment, the entrepreneur has the right to charge reasonable costs that the consumer was informed about in advance, subject to legal limitations.

Article 14 - Complaints Procedure

Complaints regarding the execution of the agreement must be sent to the entrepreneur within 7 days after the consumer has discovered the deficiencies, and must be fully and clearly described.

Complaints sent to the entrepreneur will be responded to within 30 days of receipt. If the complaint requires a longer processing time, the entrepreneur will respond within the 30-day period with an acknowledgment of receipt and an indication of 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 resolution rules.

A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur states otherwise in writing.

If the entrepreneur determines that the complaint is well-founded, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

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