General terms and conditions

Table of Contents:
Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in Case of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Execution
Article 12 – Long-term Transactions: Duration, Termination and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions

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

• Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
• Consumer: the natural person who does not act for purposes related to their trade, business, craft or profession and enters into a distance agreement with the entrepreneur;
• Day: calendar day;
• Long-term transaction: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or receive is spread over time;
• Durable data carrier: any tool that enables the consumer or entrepreneur to store information that is personally addressed 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;
• Model withdrawal form: the model form for withdrawal provided by the entrepreneur that a consumer can complete if they wish to exercise their right of withdrawal;
• Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
• Distance contract: a contract concluded in the context of an organized system for distance selling of products and/or services, where up to and including the moment the contract is concluded, exclusive use is made of one or more means of distance communication;
• Means of distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same place.
• General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

By Esther London
Belgium
info@byestherlondon.com
VAT: BE1012.502.133

Article 3 – Applicability

1. These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. 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, the entrepreneur will indicate, before the distance contract is concluded, how the General Terms and Conditions can be viewed and that they will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, the text of these General Terms and Conditions may, in deviation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated where the General Terms and Conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to them.

Article 4 – The Offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. 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 proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set out therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
4. The entrepreneur may, within legal frameworks, investigate whether the consumer is able to meet their payment obligations, as well as all those facts and factors that are important for the responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
5. The entrepreneur shall send the following information to the consumer, at the latest upon delivery of the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
   a. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
   b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   c. information about warranties and existing after-sales service;
   d. the price including all taxes of the product or service; where applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance contract;
   e. if the consumer has a right of withdrawal, the model withdrawal form.

Article 6 – Right of Withdrawal

1. The consumer can dissolve a distance contract for the purchase of a product during a cooling-off period of 14 days without giving any reason.
2. The cooling-off period starts on the day after the consumer, or a third party designated by the consumer (not the carrier), has received the product.
3. In the case of services, the consumer can dissolve the agreement within 14 days after the agreement is concluded, without giving reasons.

Article 7 – Costs in Case of Withdrawal

1. If the consumer exercises their right of withdrawal, they shall bear the costs of returning the goods.
2. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal.

Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for certain products and services, but only if the entrepreneur clearly stated this in the offer or at least in good time before the conclusion of the contract. Exclusions may apply in the following cases:

• Products made to the consumer’s specifications or clearly personalized;
• Products that spoil quickly or have a limited shelf life;
• Sealed products that, for health or hygiene reasons, are not suitable for return and whose seal has been broken after delivery.

Article 9 – The Price

1. During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.
2. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
3. All prices mentioned in the offer include VAT.

Article 10 – Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement.
2. An additional warranty provided by the entrepreneur shall never limit the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

Article 11 – Delivery and Execution

1. The entrepreneur shall take the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has provided to the entrepreneur.
3. Delivery shall take place within 30 days unless a longer delivery period was agreed.
4. If delivery is delayed, or if an order cannot be executed or only partially, the consumer shall be informed no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement free of charge.
5. After dissolution, the entrepreneur shall refund the amount paid by the consumer without delay.
6. The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a third party designated by the consumer, unless expressly agreed otherwise.

Article 12 – Long-term Transactions: Duration, Termination and Renewal

1. The consumer can terminate an agreement for an indefinite period at any time, subject to agreed termination rules and a notice period of no more than one month.
2. A fixed-term contract cannot be tacitly extended or renewed for a fixed period.

Article 13 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period.
2. In case of non-payment by the consumer, the entrepreneur has the right to charge the legal interest and any reasonable collection costs previously communicated.

Article 14 – Complaints Procedure

1. The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. The entrepreneur shall respond to submitted complaints within 14 days from the date of receipt.

Article 15 – Disputes

1. Agreements between the entrepreneur and the consumer to which these General Terms and Conditions apply are governed exclusively by Belgian law.
2. Disputes can be submitted to the competent court in the district where the consumer resides.

Article 16 – Additional or Deviating Provisions
Additional or deviating provisions from these General Terms and Conditions must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.