General terms and conditions

Terms and Conditions

This website is operated by Audlay-London. Throughout the site, the terms "we," "us," "our," and "entrepreneur" refer to Audlay-London. Audlay-London offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including but not limited to users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

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 who does not act for purposes related to their trade, business, craft, or profession 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, the supply and/or purchase obligation of which is spread over time.
Durable medium: Any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: The possibility 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 to consumers at a distance.
Distance contract: A contract concluded within the framework of an organized system 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 place at the same time.
General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

Email address: info@audlay-london.com
Chamber of Commerce number: 95573763
VAT number: [YOUR VAT NUMBER]
Address: [YOUR BUSINESS ADDRESS]

(This is not a visiting or return address. Returns sent to this address will not be reimbursed.)

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 can be viewed 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, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. 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 to the consumer electronically or otherwise upon request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or destroyed, the agreement and these terms and conditions will remain in force for the rest, and the relevant provision will be replaced in mutual consultation without delay by a provision that approximates the scope of the original as much as possible.

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

Uncertainties about the interpretation or content of one or more provisions of our terms and conditions 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 made subject to conditions, this will be explicitly stated 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 offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. 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 a basis for compensation or cancellation of the agreement.

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 such information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This particularly includes:

The price, excluding clearance costs and import VAT. These additional costs will be at the customer's expense and risk. The postal and/or courier service will apply the special arrangement for postal courier services in regard to imports. This arrangement applies when goods are imported into the EU destination country, which is the case here. The postal or courier service collects the VAT (either together with the clearance costs) from the recipient of the goods;
Any shipping costs;
The manner in which the agreement will be concluded and the actions required for it;
Whether the right of withdrawal applies;
The method of payment, delivery, and performance of the agreement;
The period for accepting the offer, or the period during which the entrepreneur guarantees the price;
The rate for communication by remote means if the costs of using the communication technique are calculated on a basis other than the regular basic rate for the communication method used;
Whether the agreement is archived after it is concluded, and if so, how it can be accessed by the consumer;
How the consumer can check and, if desired, correct the information provided by them in the context of the agreement before concluding the agreement;
Any other languages in which the agreement can be concluded, in addition to Dutch;
The codes of conduct to which the entrepreneur has adhered and how the consumer can electronically consult these codes;
The minimum duration of the distance contract in the case of a long-term transaction.

Optional: Available sizes, colors, types of materials.

ARTICLE 5 – THE AGREEMENT

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the corresponding 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 the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall 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 shall observe appropriate security measures.

The entrepreneur may, within legal frameworks, inquire whether the consumer is able to meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur, based on this investigation, has good grounds not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to its execution, providing reasons.

The entrepreneur will include the following information with the product or service, in writing or in such a way that the consumer can store it on a durable medium:

a. The visiting address of the entrepreneur's business location where the consumer can file complaints;
b. The conditions under which and the manner in which the consumer can 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 services;
d. The data referred to in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
e. The requirements for terminating the agreement if the agreement 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 only applies to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

ARTICLE 6 – RIGHT OF WITHDRAWAL

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason during a reflection period of 14 days. This reflection period starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product.

During the reflection period, the consumer shall handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.

If the consumer exercises their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to use their right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. The consumer must make this known via email to info@audlay-london.com. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.

If the customer has not indicated that they wish to exercise their right of withdrawal after the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.

ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL

If the consumer exercises their right of withdrawal, at most the costs of return shipment shall be at their expense.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive proof of complete return can be submitted. Refunds will be made via the same payment method used by the consumer unless the consumer expressly agrees to a different method.

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 concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

a. That are made to the consumer's specifications;
b. That are clearly of a personal nature;
c. That cannot be returned due to their nature;
d. That spoil or age quickly;
e. Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. For individual newspapers and magazines;
g. For audio and video recordings and computer software where the consumer has broken the seal;
h. For hygienic products where the consumer has broken the seal.

ARTICLE 9 – DELIVERY AND EXECUTION

The entrepreneur will execute accepted orders with due care. The delivery times indicated are approximate and not strict deadlines, unless explicitly agreed otherwise.

If a delivery term is exceeded, the consumer must give the entrepreneur written notice of default, allowing a reasonable period for delivery.

If the entrepreneur is unable to meet the delivery term, the consumer has the right to dissolve the agreement without any obligation to pay damages.

Delivery takes place at the location specified by the consumer at the time of order.

The risk of damage and/or loss of the products passes to the consumer at the time of delivery to the consumer or a representative designated by the consumer.

In case of partial deliveries, the entrepreneur is entitled to invoice each delivery separately.

ARTICLE 10 – PAYMENT

Unless agreed otherwise, payment must be made within 14 days after the invoice date.

The consumer has the option to pay by various means offered by the entrepreneur, including credit card, PayPal, or bank transfer.

If the consumer does not pay the amount owed within the stipulated period, the entrepreneur is entitled to charge statutory interest on the outstanding amount from the due date.

In case of late payment, the entrepreneur may charge extrajudicial collection costs, which amount to at least 15% of the outstanding amount with a minimum of €40.

ARTICLE 11 – COMPLAINTS AND WARRANTY

The consumer must examine the products immediately upon delivery for defects and completeness.

Any visible defects must be reported to the entrepreneur within 14 days of delivery. Complaints can be submitted in writing via info@audlay-london.com or by postal mail.

The entrepreneur guarantees that the products delivered comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the applicable legal provisions and/or government regulations at the time of delivery.

The warranty period is 24 months after delivery unless otherwise specified.

The warranty does not cover damage caused by improper use, normal wear and tear, or external causes.

ARTICLE 12 – LIABILITY

The entrepreneur is not liable for damage resulting from improper use of the products or services, or from not following instructions and warnings.

The entrepreneur's liability for attributable failure to perform the agreement is limited to compensation of direct damages up to the amount of the invoice value, or if the invoice value exceeds €2,500, up to a maximum of €2,500.

The entrepreneur is never liable for indirect damages, including consequential damages, lost profits, and missed savings.

ARTICLE 13 – INTELLECTUAL PROPERTY

All intellectual property rights related to the website, its content, products, services, texts, images, logos, and designs belong to Audlay-London or its licensors.

The consumer is not permitted to use, reproduce, distribute, or publish any materials from the website without prior written consent from Audlay-London.

ARTICLE 14 – FORCE MAJEURE

Audlay-London is not liable for any failure to fulfill obligations due to circumstances beyond its control, including but not limited to natural disasters, strikes, government measures, and disruptions in telecommunications.

In case of force majeure, Audlay-London has the right to suspend the agreement or terminate it without liability for damages.

ARTICLE 15 – APPLICABLE LAW AND DISPUTES

Dutch law applies to all agreements between Audlay-London and the consumer.

Disputes arising from or related to these general terms and conditions or the agreement will be submitted to the competent court in the Netherlands, unless the law prescribes otherwise.

ARTICLE 16 – CONTACT INFORMATION

For questions or complaints, you can contact Audlay-London via:

Email: info@audlay-london.com