Terms of Service

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: The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: Calendar day;
Ongoing transaction: A distance contract relating to a series of products and/or services, where the supply and/or purchase obligation is spread over time;
Durable data carrier: Any means 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 cancel 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 in which, as part of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, only one or more means of distance communication are used;
Technology for distance communication: Means that can be used to conclude a contract, without the consumer and entrepreneur being together in the same space 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: AdB Commerce

Chamber of Commerce number: 77577396

Trade name: AdB Commerce

VAT number: NL003209703B25

Customer service mail: meramanchestercontact@gmail.com

Company address: Vlodropstraat 100, 5036VS, Tilburg

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 that they 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 may be made available electronically to the consumer, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge to the consumer upon request.

In addition to these general terms and conditions, if specific product or service terms apply, the second and third paragraphs apply, and in case of conflicting terms, the most favourable provision for the consumer will apply.

If any provision of these general terms and conditions is null or void or is annulled in whole or in part at any time, the contract and the rest of these terms will remain in effect, and the relevant provision will be replaced by a provision that reflects the original intent as closely as possible.

Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these terms and conditions.

Any uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these terms and conditions.

Article 4 – The Offer

If an offer has a limited validity or is subject to conditions, this will be explicitly mentioned in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Apparent mistakes or apparent errors in the offer are not binding on the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.

Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are connected to the acceptance of the offer. This particularly concerns:

The price, excluding any customs duties or import VAT. These additional costs will be the responsibility and risk of the customer. The postal or courier service will collect these at the point of entry into the UK;
The possible costs of delivery;
The way in which the agreement will be concluded and what actions are required;
Whether or not the right of withdrawal applies;
The method of payment, delivery, and execution of the contract;
The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
The level of the rate for distance communication if the costs of using the means for distance communication are calculated on a basis other than the regular base rate for the used means of communication;
Whether the contract, after its conclusion, will be archived, and if so, how it can be accessed by the consumer;
The way in which the consumer, before concluding the contract, can check and, if necessary, correct the information provided in the context of the contract;
The languages available for concluding the contract;
The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically; and
The minimum duration of the distance contract in the event of an ongoing transaction.

Optional: available sizes, colours, type of materials.

Article 5 – The Contract

The contract comes into effect, subject to the provisions of paragraph 4, at the time 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 acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may, within legal frameworks, investigate whether the consumer can fulfil their payment obligations, as well as all those facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, he is entitled to refuse an order or request or to attach special conditions to its execution.

The entrepreneur will provide the consumer with the following information in writing or in such a way that the consumer can store it in an accessible way on a durable data carrier:

The business address of the entrepreneur's establishment where the consumer can lodge complaints;
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;
The information regarding guarantees and existing service after purchase;
The data included in article 4 paragraph 3 of these terms and conditions unless the entrepreneur has already provided this information to the consumer before the execution of the contract;
The requirements for termination of the contract if the contract has a duration of more than one year or is indefinite.

In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.

Each contract is concluded under the suspensive condition of sufficient availability of the ordered products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This cooling-off period starts the day after receipt of the product by the consumer or a pre-designated representative notified to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises the right of withdrawal, they must return the product with all accessories supplied, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days after receiving the product. The consumer must do so by sending a written message/email. After the consumer has made their intention to withdraw known, they must return the product within 14 days. The consumer must provide proof that the delivered goods have been returned on time, for example by means of proof of dispatch.

If the consumer has not made it known that they wish to exercise their right of withdrawal after the periods mentioned in paragraphs 2 and 3 have expired, or the product has not been returned to the entrepreneur, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products will be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has been returned, or conclusive proof of return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for certain products, as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in time for the conclusion of the contract.

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

That have been produced according to consumer specifications;
That are clearly personal in nature;
That cannot be returned due to their nature;
That can spoil or age quickly;
Whose price depends on fluctuations in the financial market that the entrepreneur cannot influence;
For single issues of newspapers and magazines;
For audio and video recordings and computer software where the consumer has broken the seal.
For hygienic products where the seal has been broken by the consumer.

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

Regarding accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specified period;
Where delivery has started with the consumer's express consent before the cooling-off period has expired;
Regarding betting and lotteries.

Article 9 – The Price

During the period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur can offer products or services with variable prices, if these prices are subject to fluctuations in the financial market that the entrepreneur cannot influence. This link to fluctuations and the fact that any listed prices are target prices will be mentioned in the offer.

Price increases within 3 months after the conclusion of the contract are only allowed if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

These are the result of statutory regulations or provisions; or
The consumer has the right to terminate the contract as of the day on which the price increase takes effect.

The place of delivery will be in the UK, and all prices are free of VAT due to the place of delivery being outside of the European Union.

All prices are subject to typographical errors. No liability will be accepted for the consequences of printing or typographical errors. In case of typographical errors, the entrepreneur is not obligated to deliver the product according to the incorrect price.

Article 10 – Conformity and Guarantee

The entrepreneur guarantees that the products and/or services meet the contract, the specifications listed in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for non-standard use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Returned products must be in their original packaging and in a new condition.

The entrepreneur's warranty period is equal to the manufacturer's warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application 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 themselves or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the entrepreneur's instructions and/or the packaging;
The defectiveness is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the consumer has made known to the company.

With due regard to the provisions of article 4 of these general terms and conditions, the company will execute accepted orders with all due speed, but no later than 30 days, unless the consumer agrees to a longer delivery period. If the delivery is delayed, or if an order cannot or can only partially be fulfilled, the consumer will be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the contract without cost and may be entitled to compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.

If the delivery of a product proves to be impossible, the entrepreneur will make every effort to provide a replacement product. The consumer will be informed in a clear and comprehensible manner that a replacement product is being delivered no later than the time of delivery. For replacement products, the right of withdrawal cannot be excluded. The cost of any return shipment is borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Termination, Renewal, and Duration

Termination

The consumer may terminate a contract that has been entered into for an indefinite period and that extends to 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 contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the specified period, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the contracts mentioned in the previous paragraphs:

At any time and not be limited to termination at a specific time or during a specific period;
At least terminate in the same way as they entered into the contract;
Always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.

In deviation from the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a maximum period of three months if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.

A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months if the contract extends to the regular, but less than once per month, delivery of daily, news, and weekly newspapers and magazines.

A contract with limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and ends automatically after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in article 6 paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received the confirmation of the contract.

The consumer is obliged to immediately report inaccuracies in payment data provided or stated to the entrepreneur.

If the consumer fails to fulfil their payment obligation, the entrepreneur, subject to legal restrictions, is entitled to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

Complaints about the performance of the contract must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered 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 reply within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute resolution procedure.

A complaint does not suspend the obligations of the entrepreneur 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

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