General Terms and Conditions

General Terms and Conditions

Article 1 – Definitions

In these General Terms and Conditions, the following terms shall have the meanings set out below:

Withdrawal period: the period during which the consumer may exercise their right of withdrawal.

Consumer: a natural person who acts for purposes outside their commercial, business, professional activity, or trade and who enters into a distance contract with the entrepreneur.

Day: calendar day.

Fixed-term contract: a distance contract relating to a series of products and/or services, the delivery and/or performance of which takes place periodically over a specified period.

Durable medium: any means that allows the consumer or entrepreneur to store information personally addressed to them in a way that enables future consultation and reproduction without modification.

Right of withdrawal: the consumer’s right to terminate a distance contract within the withdrawal period.

Entrepreneur: a natural or legal person who offers products and/or services to consumers remotely; in these General Terms and Conditions, this refers to Luke & Eva Wellington.

Distance contract: a contract concluded within the framework of an organized system set up by the entrepreneur for the remote sale of products and/or services, using one or more means of distance communication until the moment the contract is concluded.

Distance communication technique: any method that allows a contract to be concluded without the consumer and entrepreneur being physically present at the same time.

General Terms and Conditions: these General Terms and Conditions of Luke & Eva Wellington.

Article 2 – Right of Withdrawal

The consumer has the right to withdraw from the contract within a period of 30 days, without having to provide any reason.

During the withdrawal period, the consumer must handle the product and its packaging with due care.

If the consumer exercises their right of withdrawal, they must return the product together with all accessories supplied and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable instructions provided by Luke & Eva Wellington.

Article 3 – Applicability

These General Terms and Conditions apply to all offers made by Luke & Eva Wellington and to all distance contracts and orders concluded between Luke & Eva Wellington 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 stated before the conclusion of the contract that the General Terms and Conditions can be inspected and will be sent free of charge to the consumer as soon as possible upon request.

When the distance contract is concluded electronically, the text of these General Terms and Conditions may be provided electronically before the conclusion of the contract in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated where the General Terms and Conditions can be viewed electronically and that they will be sent free of charge to the consumer electronically or by another method upon request.

If, in addition to these General Terms and Conditions, specific conditions apply to certain products or services, the above provisions shall also apply. In the event of conflicting conditions, the consumer may always rely on the provision that is most favorable to them.

If one or more provisions of these General Terms and Conditions are declared fully or partially invalid or unenforceable, the agreement and the remaining provisions shall remain fully valid. The affected provision shall be replaced, where possible, by a provision that reflects the purpose of the original provision as closely as possible.

Situations not expressly covered by these General Terms and Conditions shall be interpreted in accordance with the spirit and purpose of these Terms.

Any uncertainties regarding the interpretation or content of one or more provisions of these General Terms and Conditions shall be resolved in accordance with the principles of these Terms.

Article 4 – The Offer

If an offer has a limited validity period or is subject to specific conditions, this will be clearly stated in the offer.

All offers are non-binding. Luke & Eva Wellington reserves the right to modify or adjust any offer.

The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer.

The images used accurately represent the products and/or services offered. Obvious mistakes or typographical errors are not binding on Luke & Eva Wellington.

All photographs, illustrations, and specifications included in the offer are for informational purposes only and cannot give rise to compensation or cancellation of the contract.

The product images accurately represent the items offered. However, Luke & Eva Wellington cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.

Each offer will contain sufficient information to clearly inform the consumer about the rights and obligations associated with accepting the offer, including, among other things:

  • possible shipping costs;
  • the manner in which the contract is concluded and the steps required to complete it;
  • whether or not the right of withdrawal applies;
  • the methods of payment, delivery, and performance of the contract;
  • the validity period of the offer or the period during which Luke & Eva Wellington guarantees the stated price;
  • the cost of distance communication where these costs are calculated based on a rate other than the regular basic rate;
  • whether the contract will be archived after conclusion and, if so, how the consumer can access it;
  • the procedure by which the consumer can check and correct the information provided before the contract is concluded;
  • the languages in which the contract may be concluded, in addition to Dutch where applicable;
  • the codes of conduct to which Luke & Eva Wellington is subject and how the consumer can consult them electronically;
  • the minimum duration of the distance contract, where applicable;
  • where applicable, the available sizes, colors, and materials.

Article 5 – The Contract

The contract is concluded, subject to the provisions of paragraph 4 of this article, at the moment the consumer accepts the offer and fulfills the applicable conditions.

If the consumer accepts the offer electronically, Luke & Eva Wellington will immediately confirm receipt of this acceptance electronically. Until receipt of the acceptance has been confirmed by Luke & Eva Wellington, the consumer may cancel the contract.

When the contract is concluded electronically, Luke & Eva Wellington will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure online transaction environment. If the consumer can make electronic payments, Luke & Eva Wellington will apply appropriate security measures.

Within the limits of applicable laws, Luke & Eva Wellington may verify whether the consumer can meet their payment obligations, as well as check all relevant facts and circumstances required to responsibly conclude the contract. If, based on this assessment, Luke & Eva Wellington has reasonable grounds not to enter into the contract, it is entitled to refuse an order or request, providing reasons, or to make fulfillment of the contract subject to additional conditions.

Together with the product or service, Luke & Eva Wellington will provide the consumer, in writing or on a durable medium, with the following information:

  • the address where the consumer can submit complaints;
  • the conditions and procedure for exercising the right of withdrawal, or a clear statement if this right does not apply;
  • information regarding warranties and available after-sales service;
  • the information referred to in Article 4 of these General Terms and Conditions, unless it has already been provided before the execution of the contract;
  • the conditions for terminating the contract if the contract has a duration of more than one year or is indefinite.

For fixed-term contracts, the previous paragraph only applies to the first delivery.

Every contract is subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the contract without providing a reason within 30 days.

The withdrawal period begins on the day after the consumer, or a third party designated in advance by the consumer (other than the carrier), has received the product.

During the withdrawal period, the consumer must handle the product and packaging with due care. The consumer may only unpack or use the product to the extent necessary to determine whether they wish to keep it.

If the consumer exercises their right of withdrawal, they must return the product together with all supplied accessories and, where reasonably possible, in its original condition and packaging, following the clear and reasonable instructions provided by Luke & Eva Wellington.

To exercise the right of withdrawal, the consumer must notify Luke & Eva Wellington of their decision within 30 days of receiving the product by means of a written statement or by sending an email to:

support@lukeandeva.com

After notifying their decision, the consumer must return the product within a maximum period of 30 days. The consumer must be able to prove that the return was made within the required period, for example by providing proof of shipment.

If the consumer does not notify their intention to withdraw within the applicable period or fails to return the product within the required timeframe, the purchase will be considered final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the product shall be borne by the consumer.

If the consumer has already made a payment, Luke & Eva Wellington will refund the relevant amount as soon as possible and, in any event, within 30 days after the withdrawal, provided that the product has been received by Luke & Eva Wellington or that the consumer has provided sufficient proof of return.

Article 8 – Exclusion of the Right of Withdrawal

Luke & Eva Wellington may exclude the right of withdrawal for certain products, provided that this exclusion has been clearly stated in the offer before the conclusion of the contract.

The exclusion of the right of withdrawal may only apply to products:

  • manufactured according to the consumer’s specifications;
  • clearly personalized;
  • which, by their nature, cannot be returned;
  • which may deteriorate or expire quickly;
  • whose price depends on fluctuations in the financial market over which Luke & Eva Wellington has no control;
  • newspapers and magazines sold individually;
  • audio, video recordings, and computer software where the seal has been removed;
  • hygiene products where the seal has been broken after delivery.

Article 9 – Price

During the validity period stated in the offer, the prices of products and/or services will not be increased, except in cases of changes resulting from adjustments in applicable tax rates, such as VAT.

However, Luke & Eva Wellington may offer products or services whose prices are subject to fluctuations in the financial market over which it has no control. In such cases, this circumstance and the fact that the stated prices are indicative will be clearly mentioned in the offer.

Price increases within three months after the conclusion of the contract are only permitted if they result from legal or regulatory provisions.

Price increases after more than three months following the conclusion of the contract are only permitted if Luke & Eva Wellington has specified this in advance and provided that:

  • they result from legal or regulatory provisions; or
  • the consumer has the right to terminate the contract from the date the price increase takes effect.

All prices are subject to typographical errors and obvious mistakes. Luke & Eva Wellington is not responsible for the consequences of such errors and is not obligated to supply a product at an incorrectly published price.

Article 10 – Conformity and Warranty

Luke & Eva Wellington guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of quality and functionality, as well as applicable laws and government regulations in force on the date the contract was concluded.

Where agreed, Luke & Eva Wellington also guarantees that the product is suitable for a use other than normal intended use.

The warranty provided by Luke & Eva Wellington, the manufacturer, or the importer does not affect the legal rights that the consumer may exercise against Luke & Eva Wellington under applicable legislation.

Any defects or incorrect deliveries must be reported in writing within 30 days of receiving the product. Products must be returned in their original packaging and in new condition.

The warranty period offered by Luke & Eva Wellington corresponds to the manufacturer’s warranty period. However, Luke & Eva Wellington is not responsible for the final suitability of the products for any specific use intended by the consumer, nor for any advice regarding their use.

The warranty does not apply if:

  • the consumer has repaired or modified the product themselves or had such repairs or modifications carried out by third parties;
  • the product has been exposed to abnormal conditions, used negligently, or used contrary to the instructions of Luke & Eva Wellington or the instructions on the packaging;
  • the defect is wholly or partially the result of legal regulations concerning the nature or quality of the materials used.

Article 11 – Delivery and Execution

Luke & Eva Wellington will exercise the greatest possible care when receiving and processing product orders.

Without prejudice to the provisions of Article 4 of these General Terms and Conditions, Luke & Eva Wellington will fulfill accepted orders with due diligence and, in any event, within a maximum period of 30 days, unless the consumer has expressly agreed to a longer delivery period.

If delivery is delayed or an order cannot be fulfilled, or can only be partially fulfilled, the consumer will be informed no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the contract free of charge and may be entitled to appropriate compensation where applicable under the law.

If the contract is terminated in accordance with the previous paragraph, Luke & Eva Wellington will refund the amount paid by the consumer as soon as possible and, in any event, within 30 days after termination.

If delivery of the ordered product proves impossible, Luke & Eva Wellington will attempt to provide a replacement product. The consumer will be informed clearly and understandably, at the latest at the time of delivery, that a replacement product is being provided.

The right of withdrawal cannot be excluded for replacement products. The return costs for such products will be borne by Luke & Eva Wellington.

The risk of loss or damage to products remains with Luke & Eva Wellington until the moment of delivery to the consumer or a representative designated in advance by the consumer, unless expressly agreed otherwise.

Article 12 – Duration Contracts: Duration, Cancellation, and Renewal

Cancellation

The consumer may cancel an indefinite-term contract relating to the periodic supply of products (including electricity) or services at any time, subject to the agreed cancellation conditions and a maximum notice period of one month.

The consumer may also cancel a fixed-term contract relating to the periodic supply of products or services at the end of the agreed period, subject to the agreed cancellation conditions and a maximum notice period of one month.

The consumer may cancel the contracts mentioned above:

  • at any time and without being restricted to a specific date or period;
  • using the same method by which the contract was concluded;
  • with the same notice period that Luke & Eva Wellington has established for itself.

Renewal

A fixed-term contract relating to the periodic supply of products or services may not be automatically renewed for another fixed period.

As an exception, a fixed-term contract for the periodic supply of daily newspapers, weekly newspapers, or magazines may be automatically renewed for a maximum period of three months, provided that the consumer can cancel the renewed contract at the end of this extension with a maximum notice period of one month.

A fixed-term contract for the periodic supply of products or services may only be automatically renewed for an indefinite period if the consumer has the right to cancel the contract at any time with a maximum notice period of one month. For periodicals supplied less frequently than once a month, the maximum notice period is three months.

Trial contracts or promotional subscriptions for the supply of newspapers, magazines, or periodicals will not be automatically renewed and will automatically end after the trial period.

Duration

If a contract has a duration of more than one year, the consumer may cancel the contract at any time after the first year, subject to a maximum notice period of one month, unless good faith and fairness require that cancellation cannot take place before the end of the originally agreed period.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 days after the withdrawal period begins as referred to in Article 6.

The consumer has the duty to immediately report inaccuracies in payment information provided or stated to Luke & Eva Wellington.

In the event of non-payment by the consumer, Luke & Eva Wellington has the right, subject to legal limitations, to charge reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure

Luke & Eva Wellington has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.

Complaints regarding the performance of the contract must be submitted to Luke & Eva Wellington fully and clearly described within a reasonable period after the consumer has identified the issue.

Complaints submitted to Luke & Eva Wellington will be answered within a period of 14 days from the date of receipt.

If a complaint requires a longer processing time, Luke & Eva Wellington 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.

The consumer must provide Luke & Eva Wellington with at least 4 weeks to resolve a complaint through mutual consultation.

Article 15 – Additional or Different Provisions

Additional provisions or provisions that differ from these General Terms and Conditions may not be disadvantageous to the consumer and must be recorded in writing or in a manner that allows the consumer to store them on a durable medium.

Article 16 – Intellectual Property

All content displayed on the website of Luke & Eva Wellington, including but not limited to text, images, logos, designs, graphics, and other materials, is protected by applicable intellectual property laws.

It is not permitted to copy, reproduce, distribute, modify, or use any part of the website content without prior written permission from Luke & Eva Wellington.

Article 17 – Applicable Law

These General Terms and Conditions and all agreements between the consumer and Luke & Eva Wellington are governed by the laws of the applicable jurisdiction.

Any disputes arising from these Terms or agreements shall be submitted to the competent courts, unless mandatory consumer protection laws provide otherwise.

Article 18 – Contact Information

For questions, complaints, or requests regarding these General Terms and Conditions, you can contact:

Luke & Eva Wellington
Email: support@lukeandeva.com