Terms & Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

The cooling-off period refers to the period within which the consumer can exercise their right of withdrawal. The consumer is a natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur. A day is considered a calendar day. A long-term transaction is a distance contract that involves a series of products and/or services with supply and/or purchase obligations spread over time.

A durable data carrier is any medium that allows the consumer or entrepreneur to store information personally addressed to them in a way that enables future consultation and unaltered reproduction. The right of withdrawal grants the consumer the ability to cancel the distance contract within the specified cooling-off period.

The entrepreneur refers to the natural or legal person who offers products and/or services to consumers remotely. A distance contract is an agreement concluded as part of an organized system for selling products and/or services at a distance, where only one or more remote communication methods are used up to the conclusion of the contract.

A means of remote communication is a tool that allows an agreement to be concluded without the consumer and entrepreneur being physically present in the same location. The general terms and conditions refer to the present terms and conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company Name: Lavinia London
Company Address: Van Mekerenstraat 4
Email: support@lavinialondon.nl
Chamber of Commerce (KvK) Number: 91680379
VAT Identification Number: NL004908281B23

Article 3 – Applicability

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

Before a 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, the consumer will be informed before concluding the distance contract that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent to them free of charge upon request.

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

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly. In case of conflicting conditions, the consumer may always rely on the applicable provision most favorable to them.

If any provision in these general terms and conditions is found to be wholly or partially invalid or annulled at any time, the remainder of the contract and these conditions shall remain in effect. The affected provision will be replaced in mutual consultation by a provision that most closely matches the intent of the original provision.

Situations not covered by these general terms and conditions shall be assessed in accordance with the intent of these conditions. Any ambiguities regarding the interpretation or content of one or more provisions shall be interpreted according to 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 has the right to modify and adjust the offer at any time.

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, these will be a truthful representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.

All images and product specifications in the offer are indicative and cannot be grounds for compensation or cancellation of the agreement. Product images are a truthful representation of the offered products, but the entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains clear information about the rights and obligations associated with acceptance. This includes, in particular:

• The price, excluding customs clearance fees and import VAT. These additional costs are the responsibility of the customer. The postal or courier service will apply the special arrangement for postal and courier services concerning import duties. This arrangement applies when goods are imported into the EU destination country, which is relevant in this case. The postal or courier service will collect the VAT (possibly along with the clearance costs) from the recipient of the goods.
• Any shipping costs.
• The process of contract formation and the necessary steps.
• Whether or not the right of withdrawal applies.
• The payment methods, delivery, and execution of the agreement.
• The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price.
• The costs for remote communication if they are based on a different rate than the standard basic rate for the communication method used.
• Whether the contract will be archived after conclusion and how the consumer can access it if applicable.
• The way in which the consumer can check and correct the information provided before finalizing the contract.
• Any available languages in which, apart from English, the agreement can be concluded.
• The codes of conduct to which the entrepreneur has adhered and how the consumer can consult them electronically.
• The minimum duration of a distance contract in the case of a long-term transaction.
• Optional: available sizes, colors, materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set forth.

If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of acceptance via electronic means. As long as the entrepreneur has not confirmed this receipt, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will implement appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can make electronic payments, the entrepreneur will take appropriate security measures.

The entrepreneur may, within legal limits, investigate whether the consumer can meet their payment obligations, as well as any other relevant facts and factors necessary for responsibly entering into the agreement. If, based on this investigation, the entrepreneur has justified reasons not to proceed with the agreement, they have the right to refuse an order or request, or to attach special conditions to its execution.

The entrepreneur will provide the consumer, along with the product or service, with the following information, in writing or in a manner that allows the consumer to store it in an accessible way on a durable data carrier:

1. The business address of the entrepreneur where the consumer can submit complaints.
2. The conditions under which and the method by which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal does not apply.
3. Information regarding warranties and existing after-sales service.
4. The details included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided these to the consumer before the execution of the agreement.
5. The conditions for terminating the agreement if it has a duration of more than one year or is of indefinite duration.

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

Each agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the agreement within 14 days without providing any reason. This withdrawal period begins the day after the consumer, or a third party designated by the consumer and known to the entrepreneur, has received the product.

During the withdrawal period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product, including all accessories, in its original state and packaging (if reasonably possible), in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. This notification must be made via a written message or email. Once the consumer has communicated their intention to withdraw, they must return the product within 14 days. The consumer must provide proof that the returned item was sent on time, for example, by providing a shipping receipt.

If the consumer does not communicate their intention to withdraw within the 14-day withdrawal period, or if they fail to return the product within the subsequent 14 days, the purchase is considered final.

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 already made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. However, this refund is conditional on the entrepreneur having received the returned product or the consumer providing conclusive proof that the product has been returned in full.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, or at least before concluding the agreement.

The right of withdrawal can only be excluded for the following products:

1. Products that have been made to the consumer’s specifications;
2. Products that are clearly of a personal nature;
3. Products that, due to their nature, cannot be returned;
4. Products that may deteriorate or expire quickly;
5. Products whose price depends on fluctuations in the financial market beyond the entrepreneur’s control;
6. Single newspapers and magazines;
7. Audio and video recordings and computer software where the consumer has broken the seal;
8. Hygienic products where the consumer has broken the seal.

The right of withdrawal can only be excluded for the following services:

1. Services related to accommodation, transport, catering, or leisure activities to be provided on a specific date or during a specific period;
2. Services that have begun with the consumer’s explicit consent before the cooling-off period has expired;
3. Betting and lottery services.

Article 9 – Pricing

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 entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. The dependence on financial market fluctuations and the fact that any prices stated are indicative will be mentioned in the offer.

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

Price increases from three months after the conclusion of the agreement are only allowed if:

1. They result from statutory regulations or provisions; or
2. The consumer has the right to terminate the agreement as of the day the price increase takes effect.

The place of delivery is determined under Article 5, paragraph 1 of the 1968 VAT Act, meaning that the delivery takes place in the country where the transport begins. In this case, delivery takes place outside the EU. Consequently, import VAT and clearance fees will be charged to the recipient by the postal or courier service. Therefore, the entrepreneur will not charge VAT.

All prices are subject to typographical and printing errors. No liability is accepted for the consequences of such errors. In the event of typographical or printing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

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

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s statutory rights and claims under the agreement against the entrepreneur.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The return of products must be made in their original packaging and in an unused condition.

The entrepreneur’s warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any specific individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply in the following cases:

• The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties.
• The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or the packaging guidelines.
• The defect is entirely or partially due to government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the utmost care in receiving and executing product orders.

The delivery address will be the address provided by the consumer to the company.

In accordance with the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders as soon as possible, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified within 30 days after placing the order.

In such cases, the consumer has the right to terminate the agreement at no cost and may be entitled to compensation.

If the agreement is terminated in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If it turns out that a product cannot be delivered, the entrepreneur will make an effort to provide a replacement product. The consumer will be clearly informed that a replacement item is being delivered before the actual delivery. The right of withdrawal does not apply to replacement products. Any return costs for such products will be covered by the entrepreneur.

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

Article 12 – Long-Term Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an indefinite-term agreement that involves the regular delivery of products (including electricity) or services at any time, provided they comply with the agreed-upon cancellation rules and observe a notice period of no more than one month.

For fixed-term agreements involving the regular delivery of products (including electricity) or services, the consumer may terminate the agreement at the end of the agreed term, with a notice period of no more than one month.

The consumer may exercise their right to terminate the above agreements:

• At any time, without restrictions on specific periods or timeframes.
• In the same way the agreement was originally entered into.
• Always with the same notice period that the entrepreneur has set for themselves.

Renewal

A fixed-term agreement involving the regular delivery of products (including electricity) or services cannot be automatically renewed or extended for a fixed duration.

However, an exception applies to agreements for the regular delivery of newspapers, magazines, or periodicals: they may be automatically extended for a maximum of three months, provided that the consumer can terminate the extended agreement with a notice period of no more than one month.

A fixed-term agreement that involves the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, or no more than three months if the agreement includes less frequent deliveries (e.g., less than once a month).

A trial or introductory subscription for newspapers, magazines, or periodicals will not be automatically renewed and will end automatically at the conclusion of the trial period.

Duration

If an agreement lasts for more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless early termination is considered unreasonable or unfair given the nature of the agreement.

Article 13 – Payment

Unless otherwise agreed, the consumer must settle any outstanding amounts within 7 business days after the start of the withdrawal period as specified in Article 6, paragraph 1. In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement.

The consumer is responsible for immediately notifying the entrepreneur of any inaccuracies in the provided or registered payment details.

If the consumer fails to fulfill their payment obligations, the entrepreneur reserves the right—within legal limitations—to charge the consumer reasonable costs, provided these costs were disclosed in advance.

Article 14 – Complaints Procedure

Complaints regarding the execution of the agreement must be submitted within 7 days after the consumer has identified the defect. The complaint must be fully and clearly described when submitted to the entrepreneur.

The entrepreneur will respond to complaints within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will provide an acknowledgment of receipt within 14 days and indicate when the consumer can expect a more detailed response.

If the complaint cannot be resolved through mutual agreement, it will be subject to the dispute resolution process.

Filing a complaint does not suspend the consumer’s obligations, unless the entrepreneur explicitly states otherwise in writing.

If a complaint is deemed valid, the entrepreneur will either replace or repair the delivered products at no additional cost to the consumer.

Article 15 – Disputes

All agreements between the entrepreneur and the consumer that are subject to these general terms and conditions are exclusively governed by Dutch law, even if the consumer resides outside the Netherlands.

Article 16 – CESOP

Due to the measures implemented and reinforced as of 2024 in connection with the "Law amending the Turnover Tax Act 1968 (law implementing the Payment Services Directive)" and the introduction of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.