đź“ś General Terms and Conditions

Article 1 - Definitions
The following definitions apply to these terms and conditions:

  • Cooling-off period: the period within which the consumer can exercise the right of withdrawal;

  • Consumer: the individual who is not acting in the course of a profession or business and enters into a distance selling contract with a trader;

  • Day: calendar day;

  • Continuing transaction: a distance selling contract involving a series of products and/or services where the delivery and/or purchase obligations are spread over time;

  • Durable medium: any means that allows the consumer or the trader to store information personally addressed to them in such a way that it can be consulted in the future and reproduced unchanged;

  • Right of withdrawal: the consumer’s ability to cancel the distance selling agreement within the withdrawal period;

  • Trader: the individual or legal entity that offers products and/or services to consumers through distance selling;

  • Distance selling contract: an agreement entered into as part of a system organized by the trader for the distance selling of products and/or services, where one or more techniques for remote communication are exclusively used even before the conclusion of the agreement;

  • Remote communication technique: means that can be used to enter into an agreement without the consumer and the trader meeting in the same room at the same time;

  • General terms and conditions: these general terms and conditions for the trader.

Article 2 - Trader’s Identity
Luxora Manchester
Merwedesingel 11, 3353 GN Papendrecht, Netherlands
Email address: support@luxora-manchester.uk
Chamber of Commerce number: 92683258
VAT identification number: NL004970043B72

Article 3 - Application
These general terms and conditions apply to any offer from the trader and to any distance selling contract and order entered into 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, it will be indicated before the distance selling contract is concluded that the general terms and conditions can be inspected at the trader’s premises and will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can store it in a simple manner on a durable medium. If this is not reasonably possible, it will be indicated before the distance selling contract is concluded where the general terms and conditions can be electronically inspected, and that they will be sent electronically or otherwise free of charge to the consumer upon request.

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply with the necessary changes, and in the case of conflicting general terms and conditions, the consumer can always invoke the most favorable provision.

If one or more provisions of these general terms and conditions are fully or partially invalid or canceled at any time, the agreement and these terms otherwise remain in effect, and the relevant provision is immediately replaced by mutual agreement with a provision that closely approximates the original purpose as much as possible. Situations not regulated by these general terms and conditions shall be considered “in the spirit” of these general terms and conditions. Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted “in the spirit” of these general terms and conditions.

Article 4 - The Offer
The offer contains a complete and accurate description of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader. All images, specifications, and data in the offer are indicative and cannot be the basis for compensation or contract cancellation. Images of products are a true representation of the offered products. The trader cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer which rights and obligations are attached to the acceptance of the offer. This particularly includes:

  • The price including taxes;

  • The possible shipping costs;

  • The way the agreement will be concluded and what actions are necessary to complete it;

  • The applicability or non-applicability of the right of withdrawal;

  • The method of payment, delivery, and performance of the agreement;

  • The period for acceptance of the offer or the period within which the trader guarantees the price;

  • The size of the fee for remote communication if the costs of using the remote communication technique are calculated on a basis other than the usual rate for the applied form of communication;

  • Whether the agreement will be archived after its conclusion, and if so, how the consumer can consult it;

  • How the consumer can check and, if desired, correct the data they have provided in relation to the agreement before it is concluded;

  • The possible other languages the agreement can be concluded in, beyond Dutch;

  • The codes of conduct the trader is subject to, and how the consumer can consult these codes electronically;

  • The minimum duration of the distance selling contract in the case of a continuing 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 time the consumer accepts the offer and meets the specified conditions. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. Until the trader has confirmed receipt of this acceptance, the consumer can cancel the agreement.

If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure online environment. If the consumer can pay electronically, the trader will comply with appropriate security measures. The trader may, within the limits of the law, inform themselves of whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance selling contract. If the trader has valid reasons to not conclude the agreement based on this inquiry, they have the right to refuse an order or application or to attach specific conditions to its implementation, stating the reasons.

The trader will send the following information along with the product or service, either in writing or in a way that the consumer can store it in an accessible way on a durable medium:
a. The visiting address of the trader’s business premises where the consumer can contact for any complaints;
b. The terms and conditions for and the manner in which the consumer can exercise the right of withdrawal, or a clear statement about the exclusion from the right of withdrawal;
c. Information about warranties and existing after-sales service;
d. The information mentioned in article 4, paragraph 3, unless the consumer has already received this information;
e. The requirements for terminating the agreement if the agreement lasts more than one year or is of indefinite duration.

In the case of a continuing transaction, the provision in the preceding paragraph applies only to the first delivery. Each agreement is concluded subject to the sufficient availability of the relevant products.

Article 6 - Right of Withdrawal
In the case of product purchases, the consumer has the option to cancel the agreement without providing reasons within 14 days. This reflection period begins the day after the consumer or a representative designated in advance by the consumer and known to the trader receives the product. During the reflection period, the consumer must handle the product and its packaging with care. They may only unpack or use the product to the extent necessary to assess whether they wish to keep the product.

If the consumer wishes to exercise the right of withdrawal, they must inform the trader of this within 14 days of receiving the product. The consumer must inform the trader by sending a written notification/email. Once the consumer has informed the trader that they wish to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the returned items were returned on time, for example, by using a shipping receipt.

If the consumer has not expressed their wish to exercise the right of withdrawal or has not returned the product to the trader after the periods mentioned in paragraphs 2 and 3, the purchase is final.

Article 7 - Costs of Withdrawal
If the consumer exercises the right of withdrawal, the costs of returning the products are borne by the consumer. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This assumes that the product has already been received back by the trader or that conclusive evidence is provided for the complete return.

Article 8 - Exceptions to the Right of Withdrawal
The trader may exclude the consumer’s right of withdrawal for certain products and services, provided that they clearly state this in the offer and do so before the agreement is concluded. Exclusions from the right of withdrawal are only possible for products and services that:
a. Are made to the consumer’s specifications;
b. Are of a personal nature and cannot be returned;
c. Are subject to rapid deterioration or aging;
d. Are subject to fluctuations on the financial markets that are beyond the trader’s control;
e. Concern loose newspapers, magazines, or products with a seal that the consumer has broken;
f. Concern hygienic products that the consumer has broken the seal on;
g. Are services that have already begun with the consumer’s express consent before the reflection period has expired;
h. Concern accommodation, transport, restaurant services, or leisure activities and are delivered on a specific date or within a specific period.

Article 9 - Price
During the validity period specified in the offer, the prices of the offered products and/or services may not increase, except for price changes resulting from changes in VAT rates. Notwithstanding the preceding paragraph, the trader may offer products or services with variable prices if the prices are subject to fluctuations on the financial markets over which the trader has no influence. This connection to fluctuations and the fact that any stated prices are target prices must be indicated in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they result from legal provisions or regulations. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has specified this and:
a. They result from legal provisions or regulations;
b. The consumer has the right to cancel the contract from the day the price increase takes effect.

Article 10 - Compliance and Warranty
The trader guarantees that the products and/or services comply with the agreement and the specifications stated in the offer. The products and/or services also meet the reasonable requirements of reliability and usability, as well as the legal regulations and government provisions applicable on the date of the agreement.

If specific agreements have been made about using the product for purposes other than normal use, the trader also guarantees that the product is suitable for these other purposes.

Any warranties from the trader, the manufacturer, or the importer do not affect the legal rights and claims the consumer can assert against the trader under the agreement.

Any defective or incorrectly delivered products must be reported to the trader in writing within 14 days after delivery. When returning the products, this must be done in the original packaging and in new condition.

The trader’s warranty period is equivalent to the manufacturer’s warranty period. It is important to note that the trader is not responsible for the final suitability of the products for any individual use of the consumer or for any advice regarding the use or application of the products.

The warranty does not apply in the following cases:

  • If the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by a third party;

  • If the delivered products have been exposed to abnormal conditions or otherwise have been treated carelessly, or have been treated in violation of the trader’s instructions and/or on the packaging;

  • If the defect is entirely or partially due to rules imposed or that must be imposed by the authorities regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution
The trader will exercise the utmost care when receiving and executing product orders. The delivery address is the address provided by the consumer to the company.

Approved orders will be executed promptly, but no later than 30 days, unless a longer delivery period has been agreed, and the consumer has accepted this.

If the delivery is delayed, or if an order cannot be executed, in whole or in part, the consumer will be informed of this within 30 days of placing the order. In this case, the consumer has the right to cancel the agreement without cost and request compensation. In the case of cancellation, the trader will refund the paid amount as soon as possible, but no later than 14 days after cancellation.

If the delivery of an ordered product turns out to be impossible, the trader will strive to deliver a replacement item. For replacement items, the right of withdrawal cannot be excluded.

The costs of any return shipment are borne by the trader.

The risk of damage and/or loss of products lies with the trader until the time of delivery to the consumer or a representative designated in advance and known to the trader, unless otherwise agreed.

Article 12 - Continuing Transactions: Duration, Cancellation, and Renewal
Cancellation:

  • A contract of indefinite duration that involves regular delivery of products (including electricity) or services can be terminated by the consumer at any time in accordance with the agreed cancellation rules and with a notice period of no more than one month.

  • A fixed-term contract for regular delivery of products (including electricity) or services can be canceled at any time at the end of the fixed-term period in accordance with the agreed cancellation rules and with a notice period of no more than one month.

  • The consumer can cancel the aforementioned contracts at any time and is not limited to cancellation at