Terms and Conditions

Article 1 - Definitions

The following definitions apply in these terms and conditions:

Withdrawal period: The period during which the consumer can exercise the right of withdrawal.

Consumer: A person who performs an activity not directly related to his or her business, trade or profession and concludes a distance sales contract with an entrepreneur.

Day: Calendar day.

Fixed-term contract: A distance selling contract for a specified number of products and/or services, where the delivery and/or purchase obligation is spread over a specified period.

Durable medium: A means enabling a consumer or entrepreneur to store information addressed to him personally in a way that allows later access to it and reproduction of the stored information without modification.

Right of withdrawal: The consumer has the right to withdraw from a distance contract within the withdrawal period.

Entrepreneur: A natural or legal person offering products and/or services to consumers through distance selling.

Distance selling contract: A contract within the framework of a distance selling system organised by the entrepreneur for the sale of goods and/or services, whereby only one or more methods of distance communication are used until the conclusion of the contract.

Distance communication techniques: Methods by which a contract can be concluded without the consumer and the trader being present in the same place at the same time.

General terms and conditions: These general terms and conditions of business of the entrepreneur.

Article 2 - Identity of the entrepreneur

Customer Service Email: info@leightonboutique.com

Article 3 - Application

These general terms and conditions apply to every offer made by the entrepreneur as well as to every distance selling contract and order concluded between the entrepreneur and the consumer.

Before concluding a distance selling agreement, the text of these terms and conditions will be made available to the consumer. If this is not possible, before concluding the distance selling agreement, it will be indicated that the general terms and conditions can be made available to the entrepreneur, and upon request, they will be sent to the consumer free of charge as soon as possible.

If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer in electronic form so that the consumer can easily save it on a durable medium, subject to the provisions of the previous paragraph, before concluding the distance contract. If this is not possible, before concluding the distance contract, a place will be indicated where the consumer can review the general terms and conditions in electronic form, and upon request, they will be sent free of charge electronically or in another form.

If, in addition to these general terms and conditions for products or services, special conditions apply, the provisions of paragraphs 1, 2 and 3 shall also apply. In the event of a conflict between the general terms and conditions, the consumer may always invoke the provision that is most favorable to him.

If at any time one or more provisions of these general terms and conditions are or become wholly or partially invalid or unenforceable, the contract and these terms and conditions will remain in force and the provision affected by the breach will be immediately replaced by an agreement of a similar nature to the original provision.

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

Any ambiguity concerning the interpretation or content of one or more provisions of our terms and conditions shall be construed "in accordance with the meaning" of these terms and conditions.

Article 4 - Offer

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

The offer is non-binding. The entrepreneur reserves the right to change and adapt the offer.

The offer contains a full and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly evaluate the offer. If the entrepreneur uses images, they must faithfully represent the products and/or services offered. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur.

All photos, specifications and data contained in the offer are for illustrative purposes only and cannot constitute grounds for compensation or termination of the contract.

Product photos are a faithful representation of the products offered. The company cannot guarantee that the colors depicted exactly match the actual colors of the products.

Each offer contains the following information to ensure that the consumer clearly understands the rights and obligations associated with accepting the offer, including:

  • The price is quoted excluding customs duties and import VAT. These additional costs are the customer's responsibility and risk. Postal and courier services will use special procedures for postal and courier services for imports. This system applies when goods are imported into a destination country within the EU, which is the case here. The postal and/or courier service collects VAT (included or excluded from customs duties) from the recipient of the goods;
  • Shipping costs;
  • How is the contract concluded and what steps should be taken for this purpose;
  • Does the right of withdrawal apply;
  • Methods of payment, delivery and contract performance;
  • The deadline for accepting the offer or the deadline for guaranteeing the price by the entrepreneur;
  • The amount of any additional charges for distance communication if the cost of using the means of distance communication is calculated on a basis other than the basic rate for the means of communication used;
  • Will the contract be archived after its conclusion and, if so, how can the consumer access it?
  • How can a consumer check and, if necessary, correct the data provided in connection with the contract before concluding it;
  • Any other languages in which the contract can be concluded besides Dutch;
  • The codes of conduct to which the trader is subject and the way in which the consumer can consult these codes electronically; I
  • Minimum duration of a distance contract in the case of a fixed-term contract.

Optional: available sizes, colors, types of materials.

Article 5 - Agreement

Subject to the provisions of paragraph 4, the contract is concluded upon acceptance of the offer by the consumer and fulfillment of certain conditions.

If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the offer acceptance electronically. Until the entrepreneur confirms receipt of the order acceptance, the consumer has the right to withdraw from the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect electronic data transmission and ensure a secure online environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

A trader may, within the limits of the law, inquire about the consumer's ability to meet their payment obligations, as well as about all relevant facts and factors relevant to the responsible conclusion of a distance selling contract. If, based on this inquiry, the trader demonstrates legitimate reasons for not concluding the contract, they have the right to reject the order or application or impose special conditions, stating their reasons.

The entrepreneur is obliged to provide the consumer with the product or service with the following information in writing or in a way that enables the consumer to store it on a durable medium:

  • The physical address of the entrepreneur's registered office to which the consumer can submit complaints;
  • The conditions and manner in which the consumer may exercise the right of withdrawal from the contract, or an unequivocal statement on the exclusion of the right of withdrawal from the contract;
  • Information about warranties and after-sales service;
  • Data referred to in Article 4, paragraph 1, point 3 of these Regulations, unless the entrepreneur provided this information to the consumer before concluding the contract;
  • Terms of termination for contracts concluded for a period longer than one year or for an indefinite period. In the case of a fixed-term contract, the previous provision applies only to the first delivery.

Each contract is concluded subject to the condition that the appropriate products are available.

Article 6 - Right of withdrawal

When purchasing goods, the consumer has the right to withdraw from the contract without giving any reason within 14 days. The withdrawal period begins the day after the consumer or designated representative receives the product and notifies the trader.

During the withdrawal period, the consumer is obligated to handle the product and its packaging with care. The consumer should package and use the product only to the extent necessary to decide whether to keep it. If the consumer exercises the right of withdrawal, the consumer is obligated to return the product with all included accessories and, if possible, in its original condition and packaging to the entrepreneur, following the entrepreneur's reasonable and clear instructions.

If a consumer wishes to exercise their right of withdrawal, they must notify the trader within 14 days of receiving the product. The consumer must do so in writing or by email. After the consumer has submitted a declaration of withdrawal, the consumer is obligated to return the goods within 14 days. The consumer must prove that they returned the goods within the appropriate timeframe, for example, by providing proof of postage.

If the Consumer does not express the will to exercise the right of withdrawal or does not return the goods to the Entrepreneur after the deadlines specified in paragraphs 2 and 3, the contract is deemed to have been concluded.

Article 7 – Costs in the event of withdrawal from the contract

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

If the consumer has paid, the entrepreneur will refund this amount immediately, but no later than 14 days from the date of exercising the right of withdrawal, provided that the product has already been returned to the entrepreneur or that convincing proof of full refund is provided.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer's right of withdrawal from the contract in relation to certain products referred to in paragraph 1, points 2 and 3. The exclusion of the right of withdrawal from the contract applies only if the entrepreneur has clearly informed the consumer in the offer, at least in time before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible in the case of the following products:

  • Made by the entrepreneur according to the consumer's specifications;
  • Obviously, it is personal in nature;
  • Due to their nature, they are non-refundable;
  • They may spoil quickly or have a short expiration date;
  • The price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  • For individual newspapers and magazines;
  • In the case of audio and video recordings and computer software that have been closed by the consumer;
  • For hygiene products closed by the consumer.

Exclusion of the right of withdrawal is only possible in the case of the following services:

  • Concerning accommodation, transportation, restaurant meals or recreational activities to be carried out on a specific date or during a specific period;
  • If delivery has commenced with the consumer's express consent before the expiry of the reflection period;
  • Concerning betting and lotteries.

Article 9 - Price

During the validity period of the offer, the prices of the products and/or services offered will not be increased, except in the event of a change in VAT rates.

Notwithstanding the provisions of the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and are beyond the entrepreneur's control. The extent to which these fluctuations are likely to occur and the fact that the prices provided are indicative will be specified in the offer.

Price increases within 3 months of concluding the contract are only permitted if they result from legal or regulatory provisions.

Price increases after 3 months from the conclusion of the contract are only permissible if they have been agreed with the entrepreneur and:

  • They are the result of legal provisions or regulations; or
  • The consumer has the right to withdraw from the contract from the date the price increase comes into effect.

Under Section 5(1) of the VAT Act 1968, the place of supply of services is the country where the transport begins. In this case, the delivery takes place outside the EU. Therefore, the post office or courier company will charge the customer import VAT or customs duty. The trader will not therefore charge VAT.

All prices are subject to printing and typographical errors. We are not liable for the consequences of printing and typographical errors. In the event of printing or typographical errors, the seller is not obligated to deliver the goods at the incorrect price.

Additional fees for customs clearance and/or duties are not included in the price and are the customer's responsibility.

Article 10 - Compliance and warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications provided in the offer, reasonable quality and/or performance requirements, and the legal and/or regulatory provisions applicable at the time the contract is concluded. If agreed, the entrepreneur also guarantees that the goods are suitable for other than normal use.

The warranty provided by the entrepreneur, manufacturer or importer does not affect the rights and legal remedies that the consumer may pursue from the entrepreneur under the contract.

Defective or incorrectly delivered products must be reported to the entrepreneur in writing no later than 14 days from the delivery date. Products must be returned in their original packaging and in new condition.

The trader's warranty period is the same as the manufacturer's warranty period. However, the trader is not responsible for the ultimate suitability of the products for a specific use by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by a third party;
  • The delivered products have been exposed to abnormal conditions or have been handled negligently or in a manner that does not comply with the trader's instructions and/or the treatment indicated on the packaging;
  • The defect is due in whole or in part to government regulations relating to the nature or quality of the materials used.

Article 11 - Delivery and performance

The entrepreneur undertakes to exercise the utmost diligence when accepting and fulfilling orders for products.

The place of delivery is the address provided by the consumer to the company.

Subject to the provisions of Article 4 of these Terms and Conditions, the Company will fulfill accepted orders as soon as possible, no later than 30 days, unless the Consumer has agreed to a longer delivery period. In the event of delays in delivery or if the 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 withdraw from the contract without incurring any costs and, if applicable, to claim compensation.

In the event of withdrawal from the contract in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer immediately, but no later than within 14 days from the date of withdrawal from the contract.

If delivery of the ordered goods proves impossible, the entrepreneur will endeavor to deliver a replacement product. Upon delivery, we will clearly indicate that a replacement product is being delivered. Products replaced with new ones are not excluded from the right of withdrawal. All return costs are borne by the entrepreneur.

The risk of damage and/or loss of the goods remains with the entrepreneur until the goods are delivered to the consumer or to a representative indicated by the consumer and notified to the entrepreneur, unless otherwise expressly agreed.

Article 12 - Fixed-term contracts: duration, termination and renewal

End

The consumer may terminate a contract concluded for an indefinite period covering the regular supply of products (including electricity) or services at any time, subject to the agreed terms of termination and a notice period of no longer than one month.

A consumer may terminate a fixed-term contract for the regular supply of products (including electricity) or services at any time after its expiry. The established termination rules must be followed and a notice period of no more than one month must be observed.

The consumer may amend the contracts referred to in the previous paragraphs:

  • At any time, without limitation to termination at any specific time or period;
  • Finish them at least as they were finished;
  • Always with the same notice period as the entrepreneur has set.

Renewal

A contract concluded for a fixed period for the regular supply of products (including electricity) or services cannot be tacitly extended or renewed for a specific period.

Notwithstanding the provisions of the previous paragraph, a fixed-term contract for the regular supply of daily newspapers, weeklies or magazines may be automatically extended for a fixed period not exceeding 3 months, provided that the consumer may terminate this extended contract after the expiry of the extension period by observing a notice period not exceeding one month.

A fixed-term contract for the regular delivery of goods or the provision of services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, and if the contract concerns the regular delivery, but less than once a month, of daily newspapers, weeklies or magazines with a notice period of no more than three months.

A fixed-term contract for the regular delivery of daily newspapers, weeklies or magazines as part of a trial subscription (trial or introductory subscription) shall not be automatically extended and shall automatically terminate at the end of the trial or introductory period.

Duration

If the contract is concluded for a period longer than one year, the consumer may terminate the contract at any time after the expiry of the year, subject to a notice period of no longer than one month, unless considerations of reasonableness and fairness preclude termination of the contract before the expiry of the agreed period.

Article 13 - Payment

Unless otherwise agreed, amounts due from the consumer must be paid within 7 working days from the commencement of the withdrawal period referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period begins to run from the moment the consumer receives confirmation of the conclusion of the contract.

The consumer is obliged to immediately inform the trader of any inaccuracies in the payment details provided or indicated.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer with reasonable costs about which he has been informed in advance.

Article 14 - Complaints Procedure

Complaints regarding the performance of the contract must be reported to the entrepreneur within 7 days from the date of detection of defects by the Consumer, in a complete and clear manner.

Complaints submitted to the entrepreneur will be reviewed within 14 days of receipt. If the complaint requires a significantly longer time to be resolved, the entrepreneur will respond within 14 days, sending an acknowledgment of receipt and indicating when the consumer can expect a more detailed response.

If a complaint cannot be resolved amicably, it will result in a dispute that must be resolved.

Submitting a complaint does not suspend the performance of the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

If the entrepreneur considers the complaint justified, he will replace or repair the delivered goods at his own discretion and free of charge.

Article 15 - Disputes

Contracts between a trader and a consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This also applies if the consumer resides abroad.

Article 16 - CESOP

Thanks to the measures introduced and strengthened from 2024 regarding the "Act amending the VAT Act 1968 (Act implementing the Payment Services Directive)" and the introduction of the Central Electronic Payment Information System (CESOP), payment service providers can register data in the European CESOP system.