General Terms and Conditions

General Terms and Conditions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
Consumer: A natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur.
Day: Calendar day.
Ongoing transaction: A distance contract relating to a series of products and/or services for which the supply and/or purchase obligation is spread over time.
Durable medium: Any means that allows the consumer or entrepreneur to store information directed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: The option for the consumer to withdraw from the distance contract within the cooling-off period.
Entrepreneur: The natural or legal person who offers products and/or services remotely to consumers.
Distance contract: A contract concluded within the framework of an organized system for the distance selling of products and/or services, whereby exclusive use is made of one or more means of remote communication up to and including the conclusion of the agreement.
Means of remote communication: A method that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same room simultaneously.
General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Email address: customersupport@averyandscott.co.uk
Chamber of Commerce number: 89559754

Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order 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, where the general terms and conditions can be viewed, and they will be sent free of charge to the consumer upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be provided electronically to the consumer in such a way that it can be easily stored on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be accessed electronically, and they will be sent free of charge upon request.

If specific product or service terms also apply in addition to these general terms, the provisions of the second and third paragraphs also apply, and the consumer may rely on the most favorable provision in the event of conflicting terms.

If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or voided, the remainder of the agreement and these conditions remain in force, and the relevant provision will be replaced in mutual consultation by a provision that approximates the original as closely as possible.

Situations not regulated in these general terms and conditions should be assessed in the spirit of these general terms and conditions.

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

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 reserves the right to modify or 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, they are a true representation of the products and/or services offered. Apparent errors or mistakes 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 agreement.

Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Every offer includes sufficient information for the consumer to clearly understand their rights and obligations related to accepting the offer. This particularly includes:

The price, excluding clearance costs and import VAT. These additional costs are the customer's responsibility. The postal or courier service will handle the import arrangements in accordance with special provisions for postal and courier services. This applies when goods are imported into the EU destination country. The postal or courier service collects the VAT (possibly together with any clearance costs) from the recipient of the goods.
Any shipping costs.
How the agreement will be concluded and the steps required for this.
Whether or not the right of withdrawal applies.
The method of payment, delivery, and performance of the contract.
The period for accepting the offer or the period within which the entrepreneur guarantees the price.
The rate for remote communication if costs are calculated on a different basis than the basic rate.
Whether the agreement will be archived after its conclusion, and, if so, how the consumer can access it.
How the consumer can check and, if necessary, correct the information provided before concluding the agreement.
The languages in which the agreement can be concluded, other than Dutch.
The codes of conduct the entrepreneur adheres to and how the consumer can access them electronically.
The minimum duration of the distance contract in the case of an ongoing transaction.
Optional: Available sizes, colors, and material types.

Article 5 – The Agreement
The agreement is concluded when the consumer accepts the offer and fulfills the conditions set out therein, subject to the provisions of paragraph 4.

If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. Until receipt of this acceptance is confirmed, the consumer may dissolve the agreement.

When an agreement is concluded electronically, the entrepreneur will implement suitable 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 safety measures.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the agreement without providing a reason within a period of 14 days. This withdrawal period starts from the day the consumer or a third party designated by the consumer, other than the carrier, takes possession of the product.
In the case of an agreement for multiple products, where the consumer has ordered them in a single order but they are delivered separately, the withdrawal period starts from the day the consumer or a third party designated by the consumer takes possession of the last product.
In the case of a contract for the regular delivery of products during a certain period, the withdrawal period starts from the day the consumer or a third party designated by the consumer takes possession of the first product.
To exercise the right of withdrawal, the consumer must inform the entrepreneur, using the contact details provided by the entrepreneur, of the decision to withdraw from the agreement. The consumer may use the model withdrawal form for this, but is not obligated to do so.
To comply with the withdrawal period, the consumer must send the notification regarding the exercise of the right of withdrawal before the withdrawal period has expired.

Article 7 – Obligations of the Consumer during the Withdrawal Period

During the withdrawal period, the consumer will treat the product and the packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they want to keep the product. If they wish to exercise the right of withdrawal, the consumer will return the product in its original condition and packaging, including all accessories, instructions, and possibly accompanying documentation.
The consumer is liable for the depreciation of the product resulting from the handling of the product beyond what is necessary to assess the nature, characteristics, and functioning of the product.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs

If the consumer withdraws from the agreement, the entrepreneur will reimburse all payments made by the consumer, including the standard shipping costs, as soon as possible, but within 14 days after the entrepreneur has been informed of the decision to withdraw from the agreement.
The entrepreneur will reimburse using the same payment method the consumer used for the original transaction unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
If the consumer has chosen a delivery method more expensive than the standard delivery offered by the entrepreneur, the entrepreneur does not have to reimburse the additional costs.
The consumer will return the product without delay, but no later than 14 days from the day they inform the entrepreneur of the decision to withdraw from the agreement. The consumer will return the product to the address indicated by the entrepreneur, unless the entrepreneur agrees to collect the product themselves. The consumer is responsible for the direct costs of returning the product unless the entrepreneur agrees to bear the cost.

Article 9 – Exclusion of the Right of Withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
a. Products that have been created according to the consumer's specifications or are clearly personalized;
b. Products that cannot be returned due to their nature, such as perishable goods, or products that have been opened or used.
The entrepreneur may also exclude products from the right of withdrawal that have been sealed for health and hygiene reasons, if the seal has been broken after delivery.
The right of withdrawal does not apply to contracts for the delivery of digital content that is not delivered on a physical medium, if the consumer has explicitly agreed to the delivery before the withdrawal period has expired and acknowledged that they lose the right of withdrawal after the delivery.

Article 10 – The Price

During the validity period mentioned in the offer, the prices of the offered products and services will not be increased, except for price changes due to changes in VAT rates.
The prices mentioned in the offer of products or services include VAT.
If delivery, reservation, or administration costs are charged, this will be explicitly mentioned in the offer.

Article 11 – Compliance with the Agreement and Warranty

The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, and the reasonable requirements of usability and/or reliability.
The entrepreneur also guarantees that the product complies with the legal provisions and government regulations in effect on the date of the conclusion of the agreement.
In the case of a defective product, the consumer can request a replacement, repair, or refund within the statutory warranty period.

Article 12 – Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and in evaluating applications for the provision of services.
As far as no later delivery term has been agreed, the entrepreneur will deliver the product to the consumer no later than 30 days after the conclusion of the agreement unless otherwise agreed.
If the entrepreneur cannot deliver within this period, they will notify the consumer without delay and give the consumer the option to dissolve the agreement or choose a later delivery date.
In case of dissolution in accordance with paragraph 3, the entrepreneur will refund any amount already paid by the consumer without delay, but at the latest within 14 days after the dissolution.

Article 13 – Payment

Unless otherwise agreed, the amounts due by the consumer must be paid immediately after the agreement is concluded, or as stipulated in the order procedure.
The consumer has the obligation to report inaccuracies in payment details to the entrepreneur without delay.
In case of non-payment by the consumer, the entrepreneur has the right, after the consumer has been informed of the default, to charge the consumer with the legal interest on the amount due, and to charge any additional costs incurred in collecting the payment, such as collection agency fees.

Article 14 – Privacy and Data Protection

The entrepreneur processes the personal data of the consumer in accordance with the applicable privacy legislation.
The entrepreneur will take appropriate technical and organizational measures to protect personal data from loss or unlawful processing.
The consumer’s personal data will only be used for the purpose of fulfilling the agreement and will not be provided to third parties unless this is necessary for the execution of the agreement or unless the consumer has granted explicit consent.
The consumer has the right to access, correct, or request the deletion of their personal data in accordance with the applicable privacy laws.

Article 15 – Dispute Resolution

The entrepreneur will attempt to resolve any dispute with the consumer amicably. If no resolution is found, the dispute may be submitted to a recognized dispute resolution body.
If the dispute is not resolved through internal procedures, it can be brought before the competent court in accordance with applicable national law.