Terms and conditions

Terms and Conditions

Article 1 – Definitions
In these conditions, the following terms are understood as:
Reflection period: the period within which the consumer can exercise 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;
Long-term transaction: a distance contract concerning a series of products and/or services, for which the obligation to deliver and/or purchase is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information directed personally to them in a way that allows future access and unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of a system organized by the entrepreneur 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: means that can be used to conclude a contract, without the consumer and entrepreneur being together in the same space simultaneously;
Terms and Conditions: the present Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur
Rose Fashion London
Customer service email: info@rosefashionlondon.com

Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order 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 are available for inspection at the entrepreneur's premises and will be sent free of charge to the consumer upon request as soon as possible.
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 may be made available to the consumer electronically in such a way that the consumer can store them easily on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
In cases where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer may always rely on the applicable provision that is most favorable to them in the event of conflicting general conditions.
If any provision of these general terms and conditions is at any time wholly or partially void or nullified, the agreement and the rest of these conditions will remain in force, and the relevant provision will be replaced by a mutually agreed provision that approximates the intent of the original provision as closely as possible.
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 our conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 – The offer
If an offer is subject to a limited validity period or conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur 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 the consumer to make a proper assessment of the offer. If the entrepreneur 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 entrepreneur.
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 entrepreneur cannot guarantee that the displayed colors will exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This particularly concerns:

the price, excluding customs clearance costs and import VAT. These additional costs will be at the customer's expense and risk. The postal and/or courier service will use the special arrangement for postal and courier services regarding importation. This arrangement applies when the goods are imported into the EU destination country, which is the case in this situation. The postal and/or courier service will collect the VAT (possibly together with the customs clearance costs charged) from the recipient of the goods;
any shipping costs;
the manner in which the contract 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 contract;
the term for accepting the offer or the term within which the entrepreneur guarantees the price;
the amount of the rate for distance communication if the costs of using the means for distance communication are calculated on a basis other than the regular basic rate for the used communication method;
whether the contract will be archived after its conclusion and, if so, how it can be consulted by the consumer;
the manner in which the consumer, before concluding the contract, can check and correct the information they have provided in the context of the contract if desired;
the possible other languages in which, besides Dutch, the contract can be concluded;
the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in case of a long-term transaction.
Optionally: available sizes, colors, types of materials.

Article 5 – The contract
The contract comes into effect, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the associated 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 this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.
If the contract 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 frameworks, investigate whether the consumer can meet their payment obligations, as well as all those 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 contract based on this investigation, he is entitled to refuse an order or request, stating the reasons, or to attach special conditions to the execution.
The entrepreneur will provide the following information 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 lodge complaints;
the conditions under which and how the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information on guarantees and existing service after purchase;
the data mentioned in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Each contract is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

The consumer may terminate the contract within 14 days without providing any reason. The 14-day period begins the day after receipt of the product by the consumer or a representative designated by the consumer and notified to the entrepreneur.
During the reflection period, the consumer must handle the product and packaging with care. The consumer may only use or unpack the product to the extent strictly necessary to determine its suitability.
If the right of withdrawal is exercised, the consumer must return the product in its original condition and packaging, including all accessories, tags, and labels, unless otherwise agreed. The return must comply with the entrepreneur's reasonable instructions and policies.
Notification of the intention to withdraw must be made in writing or via email within the reflection period. Upon providing this notification, the consumer must return the product within 14 days, bearing all costs of the return, unless explicitly agreed otherwise.
Returns must be sent to the place of origin in Asia. The entrepreneur is not obliged to accept or process returns sent to any other location.
Proof of timely shipment must be provided by the consumer. Failure to provide this proof may result in the withdrawal being deemed invalid.

Refunds are subject to a condition check. If the product is returned damaged, incomplete, used beyond what is necessary to inspect it, or in unsellable condition, the entrepreneur reserves the right to:

Reject the refund entirely, or
Deduct a reasonable restocking fee proportionate to the diminished value, where permitted by law.

The consumer is responsible for ensuring the product is properly packaged to prevent damage during transit. Photos of the product in its packaging prior to shipment must be retained by the consumer as proof of proper handling. The entrepreneur is not liable for damage caused by inadequate packaging or shipping negligence.
If the consumer fails to notify the entrepreneur within 14 days, or if the product is not returned within 14 days of notification, the purchase shall be deemed final and binding.

Article 7 – Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products are borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided the product has already been received by the entrepreneur or conclusive proof of complete return can be presented.

Article 8 – Exclusion of the 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 time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:

that have been created by the entrepreneur according to the consumer’s specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software where the consumer has broken the seal;
for hygienic products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
relating to accommodation, transport, restaurant services, or leisure activities to be carried out on a specific date or during a specific period;
where delivery has begun with the consumer’s express consent before the reflection period has expired;
concerning bets and lotteries.

Article 9 – The price
During the validity period stated in the offer, the prices of the products and/or services offered 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 whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices stated are target prices will be stated in the offer.
Price increases within 3 months of the conclusion of the contract are only allowed if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed 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 contract with effect from the day the price increase takes effect.
The place of delivery is based on Article 5, first paragraph, of the VAT Act 1968, meaning it occurs in the country where the transportation starts. In this case, the delivery is outside the EU. Consequently, the postal or courier service will collect import VAT or customs clearance fees from the customer. Therefore, the entrepreneur will not charge VAT.
All prices are subject to printing and typographical errors. The entrepreneur is not liable for the consequences of printing and typographical errors. In the case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and guarantee
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each 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 contrary to the entrepreneur's instructions and/or the packaging;
The defect is wholly or partially the result of government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and execution
The entrepreneur will exercise the utmost care when receiving and executing product orders.
The place of delivery is the address 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 promptly 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 partially be executed, the consumer will be notified 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 the right to compensation.
In the event of dissolution under the previous paragraph, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than 14 days after dissolution.
If the delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement article. The delivery of a replacement article will be clearly and comprehensibly notified at the latest upon delivery. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by 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 pre-designated representative notified to the entrepreneur unless expressly agreed otherwise.

Article 12 – Long-term transactions: duration, termination, and renewal
Termination
The consumer may terminate a contract concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period not exceeding one month.
The consumer may terminate a contract concluded for a definite period and which extends to 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 not exceeding one month.
The consumer may, regarding the agreements mentioned in the previous paragraphs:

terminate at any time and not be limited to termination at a specific time or in a specific period;
at least terminate in the same manner as they were entered into;
always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal
A contract concluded for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
Contrary to the previous paragraph, a contract concluded for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months if the consumer can terminate the extended contract towards the end of the extension with a notice period not exceeding one month.
A contract concluded for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period not exceeding one month and a notice period not exceeding three months in case the contract extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
A contract with a limited duration for the regular introduction of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends 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 not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the reflection period referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received the confirmation of the contract.
The consumer is obliged to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
In the event of consumer non-payment, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure
Complaints about the execution of the contract must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur 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 the complaint cannot be resolved by 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 indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes
Contracts 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.