Terms of Service

Article 1 – Definitions

For the purposes of these terms and conditions, the following definitions apply:

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

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

Day: calendar day;

Long-term contract: a distance contract concerning a series of products and/or services, where the delivery and/or consumption obligations are spread over time;

Durable medium: any medium that allows the consumer or entrepreneur to store information addressed personally to them, in a manner 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 where, in the context of a system organized by the entrepreneur for distance selling of products and/or services, the agreement is concluded exclusively by means of one or more distance communication techniques up until the point of the conclusion of the contract;

Distance communication technique: a means that can be used to conclude a contract without the consumer and entrepreneur being present in the same location simultaneously;

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

Article 2 – Identity of the Entrepreneur

Company name: Elise Rotterdam
Chamber of Commerce number: 94556164
Trade name: Amara London
VAT number: NL005061231B48
Customer service email: info@londom-amara.com

Article 3 – Applicability

These terms and conditions apply to all offers by the entrepreneur and all concluded distance contracts and orders between the entrepreneur and the consumer.

Before a 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 before the contract is concluded that the general terms and conditions can be viewed with 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 and before the contract is concluded, the text of these terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored on a durable medium. If this is reasonably not possible, it will be indicated before the contract is concluded where the terms and conditions can be accessed electronically, and that they will be sent to the consumer free of charge upon request, either electronically or in another way.

In case specific product or service terms and conditions apply alongside these terms and conditions, the second and third paragraphs will apply accordingly, and the consumer may rely on the provision most favorable to them in case of conflicting terms.

If one or more provisions of these terms and conditions are or become void, the rest of the agreement and terms will remain in effect. The void provision will be replaced promptly by a provision that closely approximates the intent of the original.

Situations not regulated by these terms and conditions should be assessed according to the "spirit" of these terms.

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

Article 4 – The Offer

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

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

The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to make an informed assessment of the offer. If the entrepreneur uses images, they will be an accurate 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 be grounds for compensation or cancellation of the contract.

Images of products are an accurate 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 for the consumer to clearly understand their rights and obligations that arise from accepting the offer. This includes in particular:

• the price, excluding customs duties and VAT. These additional costs are the responsibility of the consumer. The postal or courier service will apply the special rules for postal and courier services when goods are imported into the EU destination country.
• any shipping costs;
• how the contract will be concluded and what actions are required;
• whether the right of withdrawal applies;
• the method of payment, delivery, and execution of the contract;
• the period during which the offer can be accepted or the period during which the entrepreneur guarantees the price;
• the communication costs if the technique for distance communication is based on something other than the regular basic rate for the communication method used;
• whether the contract will be archived after conclusion and how the consumer can access it;
• how the consumer can verify and correct the data provided for the contract before concluding it;
• any other languages in which the contract can be concluded, besides Dutch;
• the codes of conduct to which the entrepreneur adheres and how the consumer can access these codes electronically;
• the minimum duration of the distance contract in case of a long-term contract.

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The contract is concluded at the moment the consumer accepts the offer and meets the conditions set.

If the consumer accepts the offer electronically, the entrepreneur will immediately confirm the acceptance of the offer electronically. As long as this confirmation is not received by the entrepreneur, the consumer can cancel the contract.

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 online environment. If the consumer can pay electronically, the entrepreneur will implement appropriate security measures.

The entrepreneur may, within legal frameworks, verify whether the consumer can meet their payment obligations and assess other facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur has reasonable grounds not to conclude the contract, they are entitled to refuse or impose special conditions on the order or request.

The entrepreneur will provide the consumer with the following information in writing or in a manner that can be stored by the consumer on a durable medium:

• the address of the entrepreneur's establishment where the consumer can send complaints;
• the terms and conditions for exercising the right of withdrawal or a clear indication that the right of withdrawal does not apply;
• information about warranties and after-sales service;
• the information referred to in Article 4(3), unless this has already been provided before the contract's execution;
• the requirements for canceling the contract if the agreement is for more than one year or for an indefinite duration. In the case of a long-term contract, the previous paragraph applies only to the first delivery.

Every contract is concluded under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to cancel the contract within 14 days without providing a reason. This cooling-off period begins the day after the consumer receives the product or a representative designated by the consumer.

During the cooling-off period, the consumer must handle the product and packaging carefully. They may only unpack or use the product to the extent necessary to assess whether they want to keep the product. If they decide to exercise their right of withdrawal, they must return the product with all supplied 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 via email. After informing the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof that the products were returned on time, for example, through a shipping receipt.

If the consumer has not informed the entrepreneur of their intention to exercise their right of withdrawal or has not returned the product within the specified periods, 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 will be 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 the withdrawal, provided the product has been returned or proof of return is provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products 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, or at least before the contract is concluded.

Exclusion of the right of withdrawal is possible for products:

• made to the consumer's specifications;
• that are clearly personal in nature;
• that cannot be returned due to their nature;
• that may spoil or age quickly;
• whose price depends on fluctuations in the financial market beyond the entrepreneur's control;
• for newspapers and magazines;
• for audio and video recordings and software where the seal has been broken;
• for hygiene products where the seal has been broken.

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

• concerning accommodation, transport, restaurant services, or leisure activities performed on a specific date or during a specific period;
• where the delivery has explicitly started with the consumer's consent before the cooling-off period has expired;
• concerning gambling and lotteries.

Article 9 – Price

The prices of the offered products and/or services will not increase during the validity period stated in the offer, unless there are changes in VAT rates.

The entrepreneur may offer products or services with variable prices, tied to fluctuations in the financial market that the entrepreneur cannot influence, and this will be stated in the offer.

Price increases within 3 months after the contract is concluded are only allowed if they result from legal regulations.

Price increases after 3 months are only allowed if agreed upon in advance, and:

• they are the result of a statutory regulation or provision;
• the consumer has the right to cancel the agreement from the moment the price increase takes effect.

• Article 10 – Fulfillment of the Agreement and Warranty

  The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, and the reasonable requirements of usability and durability. The entrepreneur also guarantees compliance with any statutory provisions in force at the time the agreement was concluded.

  If the consumer receives a defective product or one that is not as ordered, the consumer is entitled to request a replacement or a repair, free of charge. The consumer must report the defect or issue within a reasonable period, no later than 2 months after discovery. After this period, the right to replacement or repair expires.

  In the case of repair, the entrepreneur will handle the repair within a reasonable period. The entrepreneur is responsible for all costs related to the repair, including transportation costs, parts, and labor.

  Article 11 – Delivery and Execution

  The entrepreneur will make every effort to deliver the products within the agreed-upon period. If a delivery period is not agreed upon, the entrepreneur will deliver the products as soon as possible, no later than 30 days after the agreement is concluded.

  If the entrepreneur cannot fulfill the delivery due to circumstances beyond their control, the entrepreneur must notify the consumer as soon as possible. The consumer has the right to cancel the agreement, and any payment made will be refunded.

  If the consumer provides an incorrect or incomplete address, the entrepreneur will not be responsible for any delays or failures in delivery.

  Article 12 – Payment

  The consumer must pay the price agreed upon in the contract, including applicable taxes, and any shipping or handling fees. Payment can be made by credit card, bank transfer, or any other agreed payment method.

  If the consumer does not pay within the agreed payment period, the entrepreneur will send a reminder. If payment is still not received after a reasonable period, the entrepreneur may charge the consumer for any additional collection costs incurred.

  Article 13 – Complaints Procedure

  The entrepreneur offers a procedure for handling consumer complaints. If the consumer has a complaint, the entrepreneur will do their best to resolve the issue within 14 days of receiving the complaint. If the complaint cannot be resolved within this time frame, the consumer will be informed about the progress of their complaint.

  If the complaint cannot be resolved through the entrepreneur's internal complaints procedure, the consumer has the right to submit the dispute to the relevant independent dispute resolution body or arbitration board.

  Article 14 – Disputes

  Dutch law applies to the distance contract between the consumer and the entrepreneur. Any disputes between the consumer and the entrepreneur will be submitted to the competent court in the jurisdiction of the entrepreneur’s registered office.

  Article 15 – Force Majeure

  The entrepreneur is not liable for any failure to fulfill the agreement if such failure is due to circumstances beyond their control, such as natural disasters, war, strike, or any other event beyond their influence.

  In case of force majeure, the entrepreneur will notify the consumer as soon as possible and will make every effort to resolve the situation or fulfill the agreement.

  Article 16 – Privacy and Data Protection

  The entrepreneur values the privacy and confidentiality of their customers. Personal data collected during the purchasing process will be stored and processed in accordance with applicable data protection laws. The entrepreneur will only use the personal data for the purpose of fulfilling the contract, such as delivering the product, processing payments, and handling customer service requests.

  The consumer has the right to request access to, correction, or deletion of their personal data held by the entrepreneur at any time. For further details, the entrepreneur’s privacy policy will apply.

  Article 17 – Intellectual Property

  All intellectual property rights regarding the products, services, website, and any content provided by the entrepreneur remain the exclusive property of the entrepreneur or their licensors. The consumer is not permitted to use, copy, modify, or distribute any part of the entrepreneur’s intellectual property without explicit prior written permission.

  Article 18 – Final Provisions

  These terms and conditions represent the entire agreement between the entrepreneur and the consumer. Any changes to the agreement or these terms must be agreed upon in writing and signed by both parties.

  If any provision of these terms and conditions is deemed invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

  These terms and conditions were last updated on [insert date] and are applicable to all agreements entered into from that date forward.