Terms of Use

Article 1 – Definitions

Under these conditions, the following terms shall mean:

Right of withdrawal: 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 professional or commercial activity and who enters into a distance contract with the trader;

Day: calendar day;

Long-term transaction: a distance contract concerning a series of products and/or services, whose delivery and/or purchase obligation is spread over time;

Durable medium: any means that enables the consumer or the trader to store information addressed personally to them, so that it can be consulted and reproduced unchanged in the future.

Right of withdrawal: the consumer’s right to withdraw from the distance contract within the withdrawal period;

Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;

Distance contract: a contract concluded within a system organized by the trader for the distance sale of goods and/or services, using exclusively one or more means of distance communication until the conclusion of the contract;

Means of distance communication: a means that can be used to conclude a contract without the consumer and trader being present in the same place at the same time.

General terms and conditions: these general terms and conditions of the trader.

Article 2 – Identity of the Entrepreneur

Company name:
Customer service email: support@Claremontlondon.com

Article 3 – Applicability

These general terms and conditions apply to all offers made by the trader and to all distance contracts and orders concluded between the trader and consumers.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated, before the distance contract is concluded, that the general terms and conditions are available at the trader’s premises and will be sent free of charge upon the consumer’s request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, notwithstanding the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise upon the consumer’s request.

If, in addition to these general terms and conditions, special product or service conditions apply, the second and third paragraphs shall apply, and the consumer may always rely on the provision that is most favorable to them in the event of conflicting general terms and conditions.

If one or more provisions of these general terms and conditions are at any time wholly or partially invalid, the agreement and these conditions shall remain in force for the remainder of the time, and the provision in question shall be replaced by mutual agreement with a provision that comes as close as possible to the purpose of the original.

Situations not covered by these general terms and conditions shall be assessed "in accordance with" these general terms and conditions.

Any ambiguity regarding the interpretation or content of one or more provisions of our terms shall be interpreted "in the spirit" of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated 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 trader uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the trader.

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

The product images are a true representation of the offered products. The supplier cannot guarantee that the colors displayed accurately correspond to the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This applies in particular to:

the price, excluding customs duties and import VAT. These additional costs will be paid and borne by the customer. The postal and/or courier service will use the special scheme for postal and courier services upon import. This scheme applies if the goods are imported into the EU country of destination, as in this case. The postal and/or courier service will collect VAT (possibly together with customs duties) from the recipient of the goods;
any shipping costs;
how the agreement will be concluded and what actions are required for this purpose;
whether or not the right of withdrawal applies;
the method of payment, delivery, and performance of the contract;
the period for accepting the offer, or the period within which the trader guarantees the price;
the amount of the distance communication tariff if the cost of using distance communication technology is calculated on a basis other than the regular base rate for the means of communication used;
whether the contract will be archived after conclusion, and if so, how the consumer can access it;
how the consumer can check and, if desired, correct the information provided in connection with the contract before it is concluded;
all languages other than Dutch in which the contract can be concluded;
the codes of conduct the trader has subscribed to and how the consumer can consult these electronically; and
the minimum contract duration for long-term transactions. Optional: available sizes, colors, material type.

Article 5 – The Contract

The agreement is concluded, without prejudice to the provisions of Article 4, when the consumer accepts the offer and meets the stated conditions.

If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance electronically. As long as this receipt has not been confirmed by the trader, the consumer may dissolve the agreement.

If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe online environment. If the consumer can pay electronically, the trader shall take appropriate security measures.

The trader may, within the legal framework, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the trader has good reasons not to conclude the contract, they are entitled to refuse an order or request, or to attach special conditions to the execution.

The trader shall, together with the product or service, provide the consumer in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, with the following information:

the conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
information about guarantees and available after-sales service;
the information included in Article 4.3 of these terms, unless the trader has already provided this information to the consumer before contract performance;
the requirements for terminating the contract if it has a duration of more than one year or is of indefinite duration.

For a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

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

Article 6 – Right of Withdrawal

The withdrawal period starts the day after the consumer or a representative pre-designated by the consumer and communicated to the trader has received the product.

During the withdrawal period, the consumer shall handle the product and packaging with care. The consumer may only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the right of withdrawal is exercised, the product shall be returned with all accessories supplied and, if reasonably possible, in its original condition and packaging to the trader, in accordance with reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise the right of withdrawal, they must notify the trader within 14 days after receiving the product. The consumer shall notify this via written notice/email. After notifying the trader, the consumer shall return the product within 14 days. The consumer must prove that the products were returned in time, for example, by providing a postal receipt.

If the consumer has not indicated their intention to exercise the right of withdrawal within the terms set out in paragraphs 2 and 3, or has not returned the product to the trader, the purchase is final.

Article 7 – Costs of Withdrawal

If the consumer exercises the right of withdrawal, the return shipping costs shall be borne by the consumer.

If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 14 days after the withdrawal period has expired. The condition is that the product has already been received by the online retailer or that conclusive proof of full return can be provided.

Article 8 – Exceptions to the Right of Withdrawal

The trader may exclude the consumer’s right of withdrawal for products described in paragraphs 2 and 3. The exclusion shall only apply if the trader has clearly stated this in the offer, or at least immediately before the conclusion of the contract.

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

manufactured by the trader according to the consumer’s specifications;
that are clearly of a personal nature;
that by their nature cannot be returned;
that can deteriorate or age rapidly;
whose price depends on fluctuations in the financial market beyond the trader’s control;
for single newspapers and magazines;
for audio and video recordings and computer software whose seals have been broken by the consumer;
for hygiene products whose seals have been broken by the consumer.

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

relating to accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a specific period;
if the performance has begun with the consumer’s express consent before the expiry of the withdrawal period;
concerning betting and lotteries.

Article 9 – The Price

During the validity period stated 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.

Notwithstanding the previous paragraph, the trader may offer products or services at variable prices if these are subject to fluctuations in the financial market over which the trader has no control. This dependence on fluctuations and the fact that any prices stated are reference prices shall be indicated in the offer.

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

Price increases from 3 months after the conclusion of the contract are only permitted if the trader has agreed to this and:

are the result of statutory provisions or regulations; or
the consumer has the right to terminate the contract from the day the price increase takes effect.

The place of delivery is determined in accordance with Article 5(1) of the VAT Act of 1968, in the country where transport begins. In this case, delivery takes place outside the EU. Therefore, the post office or courier company will charge the recipient import VAT or customs fees. Consequently, the trader will not charge VAT.

All prices are subject to printing and typing errors. We accept no liability for the consequences of printing and typing errors. In the event of such errors, the trader is not obliged to deliver the goods at the incorrect price.

Article 10 – Compliance and Warranty

The supplier guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the supplier also guarantees that the product is suitable for other than normal use.

A guarantee provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the trader under the contract.

Any defects or incorrectly delivered products must be reported in writing to the supplier within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The supplier’s warranty period corresponds to the manufacturer’s warranty period. The supplier is never responsible for the final 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 have been treated carelessly or contrary to the supplier’s instructions and/or packaging;
the defect is wholly or partly the result of regulations issued or to be issued by the authorities regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The supplier shall exercise the utmost care in receiving and executing product orders.

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

In accordance with Article 4 of these general terms and conditions, the company shall execute accepted orders promptly, but no later than within 30 days, unless a longer delivery period has been agreed upon with the consumer. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer shall be informed within 30 days of placing the order. In this case, the consumer has the right to terminate the contract free of charge and the right to possible compensation.

In case of termination according to the preceding paragraph, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If delivery of an ordered product proves impossible, the trader shall make every effort to provide a replacement product. At the latest upon delivery, it shall be clearly and comprehensibly indicated that a replacement product is being delivered. Replacement items cannot exclude the right of withdrawal. Any return costs shall be borne by the trader.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and communicated to the trader, unless otherwise expressly agreed.

Article 12 – Duration of Transactions: Termination and Renewal

Termination
The consumer may terminate a contract concluded for an indefinite period and involving the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period not exceeding one month.

The consumer may terminate a fixed-term contract involving the regular delivery of products (including electricity) or services at the end of the specified term, subject to the agreed termination rules and a notice period not exceeding one month.

The consumer may terminate the agreements referred to in the preceding paragraphs:

at any time and not limited to termination at a specific time or during a specific period;
at least in the same manner as they were concluded;
always with the same notice period as the trader has stipulated for themselves.

Renewal
A fixed-term contract for the regular delivery of goods (including newspapers and magazines) or services may not be tacitly renewed or extended for a fixed term.

Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of daily, weekly, and monthly newspapers and magazines may be tacitly extended for a fixed term of up to three months, provided that the consumer may terminate the contract at the end of the extension with a notice period not exceeding one month.

A fixed-term contract involving the regular delivery of goods or services may only be tacitly renewed for an indefinite period if the consumer may terminate the contract at any time with a notice period not exceeding one month, and a notice period not exceeding three months if the contract involves the regular but less than monthly delivery of daily, weekly, and monthly newspapers and magazines.

A temporary contract for the regular delivery of daily, weekly, and monthly newspapers and magazines as a trial or introductory subscription is not tacitly renewed and ends automatically at the end of 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 not exceeding one month, unless reasonableness and fairness prevent termination before the end of the agreed period.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days from the start of the withdrawal period referred to in Article 6(1). In the case of a contract for the provision of a service, this period shall begin after the consumer has received confirmation of the contract.

The consumer must immediately report any inaccuracies in the payment details provided or specified to the trader.

In the event of non-payment by the consumer, the trader has the right, subject to legal limitations, to charge the consumer the reasonable costs previously notified.

Article 14 – Complaints

Complaints regarding the performance of the contract must be submitted to the trader, fully and clearly described, within 7 days after the consumer has discovered the defect.

Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will reply within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.

A complaint does not suspend the trader’s obligations unless the trader indicates otherwise in writing.

If a complaint is justified, the supplier will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

The contract between the trader and the consumer to which these general terms and conditions apply is governed exclusively by British law, even if the consumer resides abroad.

Article 16 – CESOP

Due to the measures introduced and reinforced as of 2024 concerning the “Amendment to the VAT Act of 1968 (Law on the Implementation of the Payment Service Providers Directive)” and thereby the implementation of the Central Electronic System of Payment information (CESOP), payment service providers may register data in the European CESOP system.