Article 1 - Definitions
In these terms and conditions, the following definitions shall apply:
Reflection period: the period within which the consumer can exercise his right of withdrawal, unless excluded under Article 8;
Consumer: the natural person not acting in the exercise of a profession or business and who enters into a distance contract with the trader;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or trader to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period, except in cases specified in Article 8;
Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Company name: S.L Retail & Sales
Chamber of Commerce number: 95388664
Trade name: Wear A Vibe London
VAT number: NL867111239B01
Customer service mail: info@wearavibelondon.com
Article 3 - Applicability
These general conditions apply to any offer made by the trader and to any distance contract and orders concluded between the trader 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, before the remote agreement is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible upon request.
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 it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise 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, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision concerned shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original as closely as possible.
Situations not provided for in these general terms and conditions should 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 period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
Images of products are a true representation of the products being offered. However, the entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains sufficient information so that the consumer can clearly understand the rights and obligations associated with accepting the offer. This particularly concerns:
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 associated 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 will take appropriate 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 security measures.
The entrepreneur may, within legal frameworks, inquire whether the consumer can meet their payment obligations, as well as all those facts and factors relevant to responsibly entering into the remote agreement. If, based on this inquiry, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request, or to attach special conditions to its execution.
The entrepreneur will provide the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, along with the product or service:
In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.
Each agreement is concluded under the suspensive condition of sufficient availability of the ordered products.
Article 6 – Right of Withdrawal
Consumers have the right to withdraw from the contract within 14 days of receiving the product without providing a reason.
Sale items cannot be returned or exchanged. This also applies if the size is incorrect.
Return shipping costs are borne by the customer. Wear A Vibe London does not reimburse return shipping costs and is not liable for any expenses incurred during the return process.
Returns without a return form will not be processed.
Products must be returned in their original packaging and unused. Products that have been worn, damaged, or returned without original packaging will be refused.
Defective Products: If a product has manufacturing defects, it can be returned for a replacement.
Note: Returns must be reported within 14 days of receipt via info@wearavibelondon.com.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs for returning the products will be borne by the consumer.
If the consumer has already made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has been returned or conclusive proof of its complete return has been provided.
Article 8 – Exclusion of 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 is only valid if the entrepreneur clearly stated this in the offer, or at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
That have been manufactured according to consumer specifications;
That are clearly personal in nature;
That cannot be returned due to their nature;
That spoil or age quickly;
Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
For individual newspapers and magazines;
For audio and video recordings and computer software of which the consumer has broken the seal;
For hygienic products of which the seal has been broken.
Exclusion of the right of withdrawal is only possible for services:
Regarding accommodation, transport, restaurant services, or leisure activities to be performed on a certain date or during a specific period;
Whose delivery has started with the consumer’s explicit consent before the reflection period has expired;
Concerning betting and lotteries.
Sale items cannot be returned or exchanged.
Article 9 – The Price
During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependency on fluctuations and the fact that any mentioned prices are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
The place of delivery is determined according to Article 5, first paragraph, of the 1968 VAT Act, and occurs in the country where the transport begins. In this case, delivery occurs outside the EU. Therefore, the postal or courier service will collect import VAT and/or customs fees from the customer. Consequently, the entrepreneur will not charge VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, reasonable requirements of soundness and usability, and the legal provisions and/or governmental regulations that exist on the date of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
Any guarantee provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.
Defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur’s warranty period matches the manufacturer’s warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
Article 11 – Delivery and Execution
The entrepreneur will exercise the utmost care when receiving and executing product orders.
The delivery location is the address that the consumer has made known to the company.
Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or only partially, the consumer will be notified no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement free of charge and is entitled to compensation.
In the event of dissolution under the preceding paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur unless otherwise.
Article 12 – Duration Transactions: Duration, Termination, and Renewal
Termination
The consumer may terminate an agreement that has been entered into for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term agreement that involves the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:
Renewal
An agreement entered into for a fixed period that involves the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
In deviation from the previous paragraph, an agreement entered into for a fixed period that involves the regular delivery of daily, news, or weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, provided the consumer may terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement entered into for a fixed period that involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months in case the agreement involves the regular but less frequent than once a month delivery of daily, news, or weekly newspapers and magazines.
An agreement of limited duration for the regular delivery of daily, news, or weekly newspapers and magazines as an introductory offer (trial or introductory subscription) will not be tacitly extended and will automatically end after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate against termination before the end of the agreed term.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to report any inaccuracies in the payment details provided or stated without delay to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge reasonable costs made known to the consumer in advance.
Article 14 – Complaints Procedure
Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.
General Terms and Conditions for the E-commerce Entrepreneur
Article 1 – Definitions
In these general 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 course of a profession or business who enters into a distance contract with the entrepreneur.
Ongoing Contract: A distance contract concerning a series of products or services, with obligations spread over time.
Right of Withdrawal: The consumer’s option to withdraw from the distance contract within the cooling-off period.
Entrepreneur: The natural or legal person offering products or services remotely to consumers.
Distance Contract: A contract concluded between the entrepreneur and the consumer using remote communication techniques.
CESOP: The Central Electronic System of Payment Information introduced by the EU to monitor payment service providers.
Article 2 – Identity of the Entrepreneur
Business Name: S.L Retail & Sales
Chamber of Commerce Number: 95388664
VAT Number: NL867111239B01
Customer Service Email: info@wearavibelondon.com
Article 3 – Applicability
These general terms and conditions apply to every offer by the entrepreneur and every concluded distance contract.
Before the agreement is finalised, the general terms and conditions will be made available electronically or otherwise.
If specific product or service conditions apply in addition to these general terms and conditions, the most favourable provision for the consumer shall apply.
Article 4 – The Offer
Offers are non-binding and may be changed at any time by the entrepreneur.
The offer clearly states the total costs, including shipping fees, import duties, and any additional charges collected by the postal or courier service.
All product images are for illustrative purposes and may slightly differ from the actual products.
Article 5 – The Agreement
The agreement is established once the consumer accepts the offer and complies with the specified terms. The entrepreneur will confirm acceptance via email.
If the agreement is concluded electronically, the entrepreneur shall take appropriate measures to secure the electronic transfer of data.
Article 6 – Right of Withdrawal & Returns Policy
Consumers have the right to withdraw from the contract within 14 days of receiving the product without providing a reason.
Sale items cannot be returned or exchanged. This also applies if the size is incorrect.
Return shipping costs are borne by the customer. Wear A Vibe London does not reimburse return shipping costs and is not liable for any expenses incurred during the return process.
Returns without a return form will not be processed.
Products must be returned in their original packaging and unused. Products that have been worn, damaged, or returned without original packaging will be refused.
Defective Products: If a product has manufacturing defects, it can be returned for a replacement.
Note: Returns must be reported within 30 days of receipt via info@wearavibelondon.com.
Article 7 – Customs and VAT Regulations
The customer is solely responsible for all import duties, VAT, and customs fees.
The entrepreneur is not the importer of the goods and does not remit VAT to the UK or Dutch tax authorities.
All additional costs incurred during customs clearance (including administrative fees imposed by the postal or courier service) are borne exclusively by the customer.
The entrepreneur provides the necessary documentation for shipment but does not guarantee that the goods comply with local import regulations.
Important: The customer is considered the importer and must comply with the import regulations of the destination country.
Article 8 – CESOP Compliance
From 2024, payment service providers will register transaction data in the CESOP system (Central Electronic System of Payment Information) as per EU regulations.
The entrepreneur complies with these regulations, which may impact the monitoring and reporting of payments.
Article 9 – Conformity and Warranty
The entrepreneur guarantees that the products meet the agreement and legal requirements.
Complaints about defects must be reported in writing within 14 days.
Products must be returned in their original packaging and condition.
Article 10 – Delivery
Orders are delivered within 30 days unless otherwise agreed.
In case of delays, the entrepreneur will inform the consumer within 14 days of the order date.
Orders are shipped under terms that make the customer the recipient and responsible party for all import-related processes.
The entrepreneur is not responsible for delays or issues arising during customs clearance.
Any failure by the customer to comply with import obligations does not constitute grounds for cancellation or refund of the order.
Article 11 – Complaints Procedure
Complaints must be submitted in writing within 7 days of discovering the issue.
The entrepreneur will respond to complaints within 14 days. If a longer resolution time is required, the entrepreneur will provide an estimated timeline.
Article 12 – Disputes
These general terms and conditions are governed by Dutch law.
Disputes will preferably be resolved amicably. If necessary, disputes will be submitted to the competent court in the Netherlands.
