General terms and conditions
These General Terms and Conditions apply to all transactions between you ("the Customer") and Epoque regarding the purchase of products through our website. By using our website and placing an order, you agree to these General Terms and Conditions. Please read these terms carefully before placing an order.
-
General terms and conditions of business
Article 1 – Definitions
In these terms and conditions, the following terms are understood:
Withdrawal period : the period within which the consumer can exercise his right of withdrawal;
Consumer : the natural person who, outside his or her professional or business activity, concludes a distance contract with the trader;
Day : calendar day;
Continuing transaction : a distance contract concerning a series of products and/or services the delivery and/or purchase obligation of which is spread over a certain period of time;
Durable medium : any means that enables the consumer or trader to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the information stored;
Right of withdrawal : the possibility for the consumer to withdraw from the distance contract within the withdrawal 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 trader for the distance sale of products and/or services, exclusively one or more techniques of distance communication are used up to and including the conclusion of the contract;
Distance communication technique : means that can be used to conclude a contract without the consumer and the trader being simultaneously in the same place;
General Terms and Conditions : these General Terms and Conditions of the Entrepreneur.
Article 2 – Identity of the entrepreneur
Email: info@epoque-london.com
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between entrepreneur and 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 and will be sent free of charge as soon as possible at the consumer's request.
If the contract is concluded electronically, by way of derogation from the previous provision 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 it can be easily stored on a durable medium. If this is not reasonably possible, it will be stated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or by other means free of charge at the consumer's request.
In the event that specific product or service conditions apply in addition to these General Terms and Conditions, paragraphs two and three shall apply accordingly and, in the event of conflicting General Terms and Conditions, the consumer may always rely on the provision that is more favourable to him.
If one or more provisions of these General Terms and Conditions become invalid or annulled at any time, in whole or in part, the contract and these terms and conditions will otherwise remain in effect and the provision in question will be immediately replaced by mutual agreement with a provision that comes as close as possible to the original purpose.
Situations not covered by these General Terms and Conditions shall be assessed in accordance with the spirit of these General Terms and Conditions.
Any ambiguities regarding the meaning or content of one or more provisions of our Terms and Conditions shall be interpreted in accordance with the spirit of these Terms and Conditions.
Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly mentioned in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications and information in the offer are indications and cannot be a basis for compensation or termination of the contract.
Images of the products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.
Each offer contains such information that the consumer is clear about the rights and obligations associated with accepting the offer, in particular:
-
the price, excluding import fees and VAT. These additional costs are at the customer's expense and risk. The postal and/or courier service will apply the special rules for postal and courier services with regard to import. This rule applies when the goods are imported into the EU destination area, which also applies in this case. The postal and/or courier service will collect VAT (together with any import fees charged, if applicable) from the recipient of the goods;
-
any shipping costs;
-
the manner in which the contract is concluded and what actions are required for it;
-
whether the right of withdrawal applies;
-
the method of payment, delivery and execution of the contract;
-
the period for acceptance of the offer or the period within which the trader guarantees the price;
-
the amount of the tariff for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic tariff of the means of communication used;
-
whether the contract is archived after conclusion and, if so, how it can be viewed by the consumer;
-
the possibility for the consumer to check and, if necessary, correct the data he has provided under the contract before concluding the contract;
-
any other languages in which the contract can be concluded besides Dutch;
-
the codes of conduct to which the trader has submitted himself and how the consumer can access these codes of conduct electronically; and
-
the minimum duration of the distance contract in the case of a continuous transaction.
Optional: available sizes, colors, type of materials.
Article 5 – The Treaty
The contract is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and fulfils the conditions applicable to it.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can - within the legal limits - inform himself about whether the consumer can meet his payment obligations, as well as about all relevant facts and factors that are important for a responsible conclusion of the distance contract. If, based on this examination, the entrepreneur has good reasons not to conclude the contract, he is entitled to refuse an order or request or to attach special conditions to the execution.
The entrepreneur will provide the consumer with the following information when delivering the product or service, in writing or in such a way that the consumer can store it on a durable medium:
- the address of the trader's establishment where the consumer can submit complaints;
- the conditions under which and the manner in which the consumer may exercise his right of withdrawal or a clear statement of the possibilities for excluding the right of withdrawal;
- Information about warranties and existing after-sales service;
- the data included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already made these data available 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 of indefinite duration. In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.
Any contract is concluded subject to the suspensive condition of the availability of the products in question.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to terminate the contract without giving any reason within 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product to the entrepreneur, together with all accessories and - if possible - in the original condition and packaging, in accordance with the instructions provided by the entrepreneur.
The consumer can also declare his right of withdrawal by means of the model withdrawal form or in another clear manner. If the consumer wishes to use the model withdrawal form or another statement, he can do so by notifying the entrepreneur of this.
Article 7 – Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the product are at his expense. However, the entrepreneur will refund all payments made by the consumer, including delivery costs, within 14 days of receiving the withdrawal.
The entrepreneur will reimburse the consumer for all payments received, including the delivery costs that the consumer has borne for returning the product. However, the entrepreneur may wait until he has received the product back or until the consumer has provided evidence that he has returned the product, whichever occurs first.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal if this was clearly stated in the offer. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated the exclusion options in the offer and the consumer was informed of this before concluding the contract.
Article 9 – The Price
During the period of validity specified in the offer, the prices of the products and/or services offered will not be increased, unless the price increase is due to legal regulations or provisions.
In the event of a pricing error in the offer that was not stated in the offer, the entrepreneur may cancel the order or attach special conditions to the order.
Article 10 – Conformity and warranty
The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonably expected requirements of usability and reliability. If the entrepreneur provides additional guarantees that go beyond the legally required guarantees, this will be clearly communicated.
Article 11 – Delivery and execution
The entrepreneur will execute the ordered products with the greatest possible care. Execution will take place in the order in which the orders are received, unless otherwise agreed.
The entrepreneur will deliver the ordered products within 30 days if possible, unless a longer period has been agreed. The entrepreneur will inform the consumer of a delay in delivery.
Article 12 – Terms of payment
Unless otherwise agreed, payments are due immediately after the conclusion of the contract. The consumer is obliged to inform the entrepreneur immediately of any discrepancies in the invoice.
Article 13 – Complaints
The entrepreneur has set up a procedure for handling complaints and will respond to complaints within 14 days of receipt. If the complaint is not resolved to the consumer's satisfaction, the consumer can submit his complaint to:
- the supervisory authority responsible for consumer protection;
- an arbitration tribunal.
Article 14 – Applicable law
These General Terms and Conditions and all contracts concluded based on these conditions are governed by law of Canada.
Article 15 – Amendment of the General Terms and Conditions
The entrepreneur can change these general terms and conditions. Changes will be communicated to the consumer at least 30 days before they come into effect.
-