Terms of use
Article 1 – Definitions
In these general terms and conditions, the following definitions apply:
Withdrawal Period: the period within which the consumer may exercise their right of withdrawal from the contract;
Consumer: a natural person who does not act in the course of a profession or business and who enters into a distance contract with the supplier;
Day: calendar day;
Long-term Transaction: a distance contract concerning a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;
Durable Medium: any device that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
Right of Withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
Supplier: Emily Melbourne, a natural or legal person who offers products and/or services to consumers at a distance;
Distance Contract: a contract concluded within the framework of an organized system by the trader for the remote sale of products and/or services, using exclusively one or more techniques for distance communication up to and including the conclusion of the contract;
Techniques for Distance Communication: means that can be used to conclude a contract without the consumer and the trader being simultaneously in the same room;
General Terms and Conditions: these general terms and conditions of Emily Melbourne.
Article 2 – Applicability
These general terms and conditions apply to all offers made by Emily Melbourne and to all distance contracts and orders concluded between Emily Melbourne and the consumer.
Before a distance contract is concluded, the text of these general terms and conditions must be made available to the consumer. If this is not reasonably possible, it will be stated before the distance contract is concluded that the general terms and conditions can be viewed at Emily Melbourne and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph and before the distance contract is concluded, be provided to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be accessed electronically before the contract is concluded and that they will be sent to the consumer free of charge by electronic means or otherwise upon request.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in case of conflicting conditions, the consumer may always rely on the applicable provision that is most favorable to them.
If one or more provisions in these general terms and conditions are at any time wholly or partly invalid or voided, the contract and the remaining provisions of these general terms and conditions shall remain in force, and the invalid or voided provision will be replaced immediately by mutual agreement with a provision that most closely approximates the intent of the original provision.
Any situations not covered by these General Terms and Conditions shall be assessed in the spirit of these General Terms and Conditions.
Ambiguities regarding the interpretation or content of one or more provisions of these general terms and conditions shall be interpreted in the spirit of these general terms and conditions.
Article 3 – Offer
If an offer is of limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. Emily Melbourne reserves the right to modify and amend the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description must be sufficiently detailed to allow the consumer to properly assess the offer. If Emily Melbourne uses images, these must accurately represent the offered products and/or services. Obvious mistakes or errors in the offer are not binding on Emily Melbourne.
All illustrations, specifications, and data in the offer are indicative and cannot be grounds for compensation or termination of the contract.
Product images are an accurate representation of the offered products. Emily Melbourne cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.
Article 4 – Contract
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and complies with the conditions attached to it.
If the consumer has accepted the offer electronically, Emily Melbourne will promptly confirm receipt of the electronic acceptance of the offer. As long as Emily Melbourne has not confirmed receipt of this acceptance, the consumer may withdraw from the contract.
If the contract is concluded electronically, Emily Melbourne shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, Emily Melbourne shall take appropriate security measures.
Emily Melbourne may, within legal frameworks, assess whether the consumer is able to meet their payment obligations, as well as all relevant facts and factors necessary for a responsible conclusion of the distance contract. If, based on this investigation, Emily Melbourne has good reason not to enter into the agreement, she is entitled to refuse an order or request, or to attach special conditions to its execution, with justification.
Emily Melbourne shall include the following information with the product or service, in writing or in a way that allows the consumer to store it in an accessible manner on a durable medium:
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The address of the Emily Melbourne branch where the consumer can lodge complaints;
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The conditions and procedures for exercising the consumer's right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
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Information on existing warranties and after-sales services;
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The information specified in Article 4(3) of these general terms and conditions, if Emily Melbourne has not already provided this to the consumer prior to the execution of the contract;
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The conditions for terminating the contract if it is concluded for a duration of more than one year or of indefinite length.
In the case of a fixed-term contract, 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 relevant products.
Article 5 – Right of Withdrawal
When purchasing products, the consumer has the right to withdraw from the contract without giving any reason for a period of 14 days. This withdrawal period starts on the day following receipt of the product by the consumer or a representative previously designated by the consumer and made known to Emily Melbourne.
During the withdrawal period, the consumer must handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep it. If the consumer exercises their right of withdrawal, they must return the product with all delivered accessories and—if reasonably possible—in the original condition and packaging to Emily Melbourne, in accordance with the reasonable and clear instructions provided by Emily Melbourne.
If the consumer wishes to make use of the right of withdrawal, they must notify Emily Melbourne within 14 days of receiving the product. This must be done in writing or via email. After notifying Emily Melbourne of their intention to withdraw, the consumer must return the product within 14 days. The consumer must prove that the goods were returned on time, for example by providing a proof of shipment.
If the consumer has not notified Emily Melbourne of their intention to exercise the right of withdrawal or has not returned the product within the periods mentioned in paragraphs 2 and 3, the sale is considered final.
Article 6 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, they shall bear the cost of returning the products.
If the consumer has already paid an amount, Emily Melbourne shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has been received by Emily Melbourne, or that conclusive proof of the complete return can be provided.
Article 7 – Exclusion of the Right of Withdrawal
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Emily Melbourne may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. Exclusion of the right of withdrawal applies only if Emily Melbourne has clearly stated this in the offer or at least in a timely manner before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
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that have been made by Emily Melbourne according to the consumer's specifications;
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that are clearly of a personal nature;
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that, by their nature, cannot be returned;
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that spoil or age quickly;
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whose price depends on fluctuations in the financial market that Emily Melbourne cannot influence;
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individual newspapers and magazines;
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audio and video recordings and computer software whose seal has been broken by the consumer;
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hygiene products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
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relating to accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a specific period;
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whose provision has begun with the express consent of the consumer before the withdrawal period has expired;
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related to betting and lotteries.
Article 8 – Price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, Emily Melbourne may offer products or services whose prices are subject to fluctuations in the financial market and which Emily Melbourne cannot influence, at variable prices. This dependence on fluctuations and the fact that the listed prices are target prices will be mentioned in the offer.
Price increases within 3 months after the contract is concluded are only permitted if they result from legislation or regulations.
Price increases from 3 months after the contract is concluded are only permitted if:
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they result from legislation or regulations; or
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the consumer has the right to terminate the contract from the day the price increase takes effect.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of such errors, Emily Melbourne is not obliged to supply the product at the incorrect price.
Article 9 – Conformity and Warranty
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Emily Melbourne guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and existing legal provisions and/or regulations on the date the agreement was concluded. If agreed upon, Emily Melbourne also guarantees that the product is suitable for uses other than normal use.
Any warranty provided by Emily Melbourne, the manufacturer, or the importer does not affect the legal rights and claims that the consumer may assert against Emily Melbourne under the agreement.
Any defects or incorrectly delivered products must be reported in writing to Emily Melbourne within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The warranty does not apply if:
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The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by a third party;
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The delivered products were exposed to abnormal conditions or handled carelessly or contrary to Emily Melbourne’s instructions and/or those indicated on the packaging;
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The defect results wholly or partly from regulations imposed or to be imposed by authorities regarding the nature or quality of the materials used.
Article 10 – Delivery and Execution
Emily Melbourne shall exercise the utmost care when receiving and fulfilling product orders.
The place of delivery is the address that the consumer provides to Emily Melbourne.
In accordance with Article 4 of these General Terms and Conditions, Emily Melbourne undertakes to execute accepted orders promptly, and no later than 30 days, unless a longer delivery period has been agreed upon with the consumer. If the delivery is delayed, or if the order cannot be fulfilled or only partially, the consumer shall be notified no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the contract free of charge and is entitled to possible compensation.
In the event of termination according to the previous paragraph, Emily Melbourne will 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, Emily Melbourne will make an effort to provide a replacement item. It will be clearly and comprehensibly communicated at the time of delivery that a replacement item is being delivered. The right of withdrawal cannot be excluded in the case of replacement items. The cost of return shipment is borne by Emily Melbourne.
The risk of damage and/or loss of products lies with Emily Melbourne until the moment of delivery to the consumer or a pre-designated representative, unless explicitly agreed otherwise.
Article 11 – Duration Transactions: Termination and Renewal
Termination
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The consumer may terminate a contract concluded for an indefinite period for 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.
Consumers may terminate a fixed-term contract for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, in accordance with the applicable termination rules and with a notice period not exceeding one month.
Consumers may terminate the agreements referred to in the previous paragraphs:
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at any time and not be limited to termination at a specific time or in a specific period;
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in the same way as the agreement was concluded;
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with the same notice period as specified by Emily Melbourne.
Renewal
A fixed-term contract for the regular delivery of products or services may not be automatically extended or renewed for a fixed duration.
Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of daily or weekly newspapers and magazines may be automatically renewed for a period not exceeding three months, provided the consumer can terminate the extended agreement by the end of the extension with a notice period not exceeding one month.
A fixed-term contract for the regular delivery of products or services may be automatically renewed for an indefinite period only if the consumer can terminate at any time with a notice period not exceeding one month, and a notice period not exceeding three months if the agreement is for regular delivery of daily or weekly newspapers and magazines less than once a month.
A fixed-term contract for introductory or trial subscriptions to daily or weekly newspapers and magazines shall not be automatically renewed and will end 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 termination before the end of the agreed duration would be unreasonable or unfair.
Article 12 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days from the start of the cooling-off period as referred to in Article 6(1). In the case of a service agreement, this period begins once the consumer receives confirmation of the contract.
The consumer is obliged to report any inaccuracies in the provided or stated payment details to Emily Melbourne without delay.
In the event of non-payment by the consumer, Emily Melbourne is entitled, subject to legal limitations, to charge reasonable costs previously communicated to the consumer.
Article 13 – Complaints Procedure
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Complaints about the execution of the agreement must be submitted to Emily Melbourne within 7 days after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to Emily Melbourne will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, Emily Melbourne will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed reply.
If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
Submitting a complaint does not suspend Emily Melbourne’s obligations under the contract, unless Emily Melbourne states otherwise in writing.
If Emily Melbourne deems a complaint valid, the products will be replaced or repaired free of charge, at the discretion of Emily Melbourne.
Article 14 – Disputes
Contracts between Emily Melbourne and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
For any questions or further information, please contact us by email: info@emily-melbourne.com