Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Reflection period: the period within which the consumer can make use of their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Long-term transaction: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, exclusively one or more techniques for communication at a distance are used up to and including the conclusion of the contract;
Technique for distance communication: means that can be used to conclude a contract without the consumer and entrepreneur being in the same place at the same time;
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Company name: Opulence London
Trade name: Opulence London
Customer service email: info@opulence-london.com
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 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, the entrepreneur will indicate before concluding the distance contract that the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent free of charge at the consumer's request as soon as possible.
If the distance contract is concluded electronically, the text of these general terms and conditions may, by way of derogation from the previous paragraph, be made available to the consumer electronically before the distance contract is concluded, 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 where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request before concluding the distance contract.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always invoke the applicable provision that is most favourable to them in case of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will remain in force for the rest, and the relevant provision will be replaced by a provision that approximates the intent of the original as much as possible in mutual consultation.
Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained '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 offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer. This concerns in particular:
- the price, excluding customs and import VAT charges. These additional costs will be borne by and are the responsibility of the customer. The postal or courier service will use the special scheme for postal and courier services concerning importation into the EU destination country. The postal or courier service collects VAT (whether or not together with the customs clearance charges) from the recipient of the goods;
- any shipping costs;
- the manner in which the agreement will be concluded and what actions are required to do so;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and execution of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the rate for distance communication if the costs of using the technique for distance communication are calculated on a different basis than the regular base rate for the used communication method;
- whether the contract is archived after its conclusion and, if so, how it can be consulted by the consumer;
- the way in which the consumer, before concluding the contract, can check and, if desired, correct the data provided by them as part of the contract;
- any other languages in which, in addition to English, the contract can be concluded;
- the codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a long-term transaction.
Optional: available sizes, colours, types of materials.
Article 5 – The agreement
The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
If the consumer has accepted the offer electronically, Opulence London will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
If the agreement is concluded electronically, Opulence London will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, Opulence London will observe appropriate security measures.
Opulence London can, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding a distance contract. If Opulence London has good grounds based on this investigation not to enter into the agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
Opulence London will send the following information to the consumer with the product or service, either in writing or in such a way that the consumer can store it on a durable data carrier:
- the address of the Opulence London location where the consumer can lodge complaints;
- the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about guarantees and existing after-sales service;
- the information included in Article 4 paragraph 3 of these terms and conditions, unless Opulence London has already provided this information to the consumer before the execution of the agreement;
- the requirements for terminating the agreement if the agreement 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 only applies to the first delivery.
Any agreement is entered into under the suspensive condition of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This reflection period starts on the day after the consumer or a third party designated by the consumer, who is not the carrier, has received the product.
During the reflection 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 determine whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging to Opulence London, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must notify Opulence London within 14 days of receiving the product by means of a written notice/email. After the consumer has communicated their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the consumer has not indicated that they wish to exercise their right of withdrawal, or has not returned the product to Opulence London, 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, Opulence London will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided the product has already been received by Opulence London or conclusive proof of complete return can be provided.
Article 8 – Exclusion of the right of withdrawal
Opulence London can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if Opulence London has clearly stated this in the offer, or at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
- that have
been made by Opulence London according to the consumer's specifications;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that can spoil or age quickly;
- whose price is subject to fluctuations in the financial market that Opulence London has no influence on;
- for individual newspapers and magazines;
- for audio and video recordings and computer software whose seal has been broken by the consumer;
- for hygiene products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
- whose delivery has started with the consumer's explicit consent before the reflection period has expired;
- concerning betting and lotteries.
Article 9 – The 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 resulting from changes in VAT rates.
In deviation from the previous paragraph, Opulence London may offer products or services whose prices are subject to fluctuations in the financial market and over which Opulence London has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if Opulence London has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the authority to terminate the agreement on the day the price increase takes effect.
The place of delivery is determined in accordance with Article 5, paragraph 1, of the Dutch VAT Act 1968, being the country where the transport starts. In this case, the delivery takes place outside the EU. Therefore, the postal or courier service will collect import VAT and/or customs clearance charges from the customer. Accordingly, no VAT will be charged by Opulence London.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, Opulence London is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Guarantee
Opulence London guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, Opulence London also guarantees that the product is suitable for other than normal use.
A guarantee provided by Opulence London, the manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against Opulence London under the agreement.
Any defects or incorrectly delivered products must be reported to Opulence London in writing within 14 days of delivery. The products must be returned in the original packaging and in new condition.
The warranty period of Opulence London corresponds to the factory warranty period. However, Opulence London is never responsible for the ultimate suitability of the products for any 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 had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of Opulence London and/or on the packaging;
- The defectiveness is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
Opulence London will take the utmost care when receiving and executing orders for products.
The place of delivery is the address that the consumer has provided to Opulence London.
With due observance of what is stated in Article 4 of these terms and conditions, Opulence London will execute accepted orders with due speed but no later than 30 days, unless a longer delivery period has been agreed upon with the consumer. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
In case of dissolution in accordance with the previous paragraph, Opulence London will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, Opulence London will make every effort to make a replacement product available. No later than at the time of delivery, it will be clearly and comprehensibly stated that a replacement product is being delivered. In the case of replacement products, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of Opulence London.
The risk of damage and/or loss of products rests with Opulence London until the moment of delivery to the consumer or a previously designated and announced representative, unless expressly agreed otherwise.
Article 12 – Long-term transactions: duration, termination, and renewal
Termination
The consumer may terminate an agreement 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 fixed-term agreement that has been entered into for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
- at any time and not be limited to termination at a specific time or in a specific period;
- at least in the same way as they were entered into by the consumer;
- always with the same notice period as Opulence London has stipulated for itself.
Renewal
A fixed-term agreement that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.
In derogation from the previous paragraph, a fixed-term agreement that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer can terminate this extended agreement by the end of the extension with a notice period of no more than one month.
A fixed-term agreement that extends to the regular delivery of products or services may only be tacitly renewed 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 agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
A fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless the 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 reflection period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately report inaccuracies in the payment data provided or stated to Opulence London.
In case of non-payment by the consumer, Opulence London, 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 execution of the agreement must be submitted fully and clearly described to Opulence London within 7 days after the consumer has discovered the defects.
Complaints submitted to Opulence London will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Opulence London will respond within the 14-day period 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 arises that is subject to the dispute settlement procedure.
A complaint does not suspend the obligations of Opulence London unless Opulence London has indicated otherwise in writing.
If a complaint is found to be justified by Opulence London, Opulence London will, at its discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between Opulence London 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.
In these terms and conditions, the following definitions apply:
Reflection period: the period within which the consumer can make use of their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Long-term transaction: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, exclusively one or more techniques for communication at a distance are used up to and including the conclusion of the contract;
Technique for distance communication: means that can be used to conclude a contract without the consumer and entrepreneur being in the same place at the same time;
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Company name: Opulence London
Trade name: Opulence London
Customer service email: info@opulence-london.com
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 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, the entrepreneur will indicate before concluding the distance contract that the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent free of charge at the consumer's request as soon as possible.
If the distance contract is concluded electronically, the text of these general terms and conditions may, by way of derogation from the previous paragraph, be made available to the consumer electronically before the distance contract is concluded, 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 where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request before concluding the distance contract.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always invoke the applicable provision that is most favourable to them in case of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will remain in force for the rest, and the relevant provision will be replaced by a provision that approximates the intent of the original as much as possible in mutual consultation.
Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained '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 offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer. This concerns in particular:
- the price, excluding customs and import VAT charges. These additional costs will be borne by and are the responsibility of the customer. The postal or courier service will use the special scheme for postal and courier services concerning importation into the EU destination country. The postal or courier service collects VAT (whether or not together with the customs clearance charges) from the recipient of the goods;
- any shipping costs;
- the manner in which the agreement will be concluded and what actions are required to do so;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and execution of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the rate for distance communication if the costs of using the technique for distance communication are calculated on a different basis than the regular base rate for the used communication method;
- whether the contract is archived after its conclusion and, if so, how it can be consulted by the consumer;
- the way in which the consumer, before concluding the contract, can check and, if desired, correct the data provided by them as part of the contract;
- any other languages in which, in addition to English, the contract can be concluded;
- the codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a long-term transaction.
Optional: available sizes, colours, types of materials.
Article 5 – The agreement
The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
If the consumer has accepted the offer electronically, Opulence London will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
If the agreement is concluded electronically, Opulence London will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, Opulence London will observe appropriate security measures.
Opulence London can, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding a distance contract. If Opulence London has good grounds based on this investigation not to enter into the agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
Opulence London will send the following information to the consumer with the product or service, either in writing or in such a way that the consumer can store it on a durable data carrier:
- the address of the Opulence London location where the consumer can lodge complaints;
- the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about guarantees and existing after-sales service;
- the information included in Article 4 paragraph 3 of these terms and conditions, unless Opulence London has already provided this information to the consumer before the execution of the agreement;
- the requirements for terminating the agreement if the agreement 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 only applies to the first delivery.
Any agreement is entered into under the suspensive condition of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This reflection period starts on the day after the consumer or a third party designated by the consumer, who is not the carrier, has received the product.
During the reflection 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 determine whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging to Opulence London, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must notify Opulence London within 14 days of receiving the product by means of a written notice/email. After the consumer has communicated their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the consumer has not indicated that they wish to exercise their right of withdrawal, or has not returned the product to Opulence London, 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, Opulence London will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided the product has already been received by Opulence London or conclusive proof of complete return can be provided.
Article 8 – Exclusion of the right of withdrawal
Opulence London can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if Opulence London has clearly stated this in the offer, or at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
- that have
been made by Opulence London according to the consumer's specifications;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that can spoil or age quickly;
- whose price is subject to fluctuations in the financial market that Opulence London has no influence on;
- for individual newspapers and magazines;
- for audio and video recordings and computer software whose seal has been broken by the consumer;
- for hygiene products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
- whose delivery has started with the consumer's explicit consent before the reflection period has expired;
- concerning betting and lotteries.
Article 9 – The 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 resulting from changes in VAT rates.
In deviation from the previous paragraph, Opulence London may offer products or services whose prices are subject to fluctuations in the financial market and over which Opulence London has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if Opulence London has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the authority to terminate the agreement on the day the price increase takes effect.
The place of delivery is determined in accordance with Article 5, paragraph 1, of the Dutch VAT Act 1968, being the country where the transport starts. In this case, the delivery takes place outside the EU. Therefore, the postal or courier service will collect import VAT and/or customs clearance charges from the customer. Accordingly, no VAT will be charged by Opulence London.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, Opulence London is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Guarantee
Opulence London guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, Opulence London also guarantees that the product is suitable for other than normal use.
A guarantee provided by Opulence London, the manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against Opulence London under the agreement.
Any defects or incorrectly delivered products must be reported to Opulence London in writing within 14 days of delivery. The products must be returned in the original packaging and in new condition.
The warranty period of Opulence London corresponds to the factory warranty period. However, Opulence London is never responsible for the ultimate suitability of the products for any 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 had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of Opulence London and/or on the packaging;
- The defectiveness is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
Opulence London will take the utmost care when receiving and executing orders for products.
The place of delivery is the address that the consumer has provided to Opulence London.
With due observance of what is stated in Article 4 of these terms and conditions, Opulence London will execute accepted orders with due speed but no later than 30 days, unless a longer delivery period has been agreed upon with the consumer. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
In case of dissolution in accordance with the previous paragraph, Opulence London will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, Opulence London will make every effort to make a replacement product available. No later than at the time of delivery, it will be clearly and comprehensibly stated that a replacement product is being delivered. In the case of replacement products, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of Opulence London.
The risk of damage and/or loss of products rests with Opulence London until the moment of delivery to the consumer or a previously designated and announced representative, unless expressly agreed otherwise.
Article 12 – Long-term transactions: duration, termination, and renewal
Termination
The consumer may terminate an agreement 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 fixed-term agreement that has been entered into for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
- at any time and not be limited to termination at a specific time or in a specific period;
- at least in the same way as they were entered into by the consumer;
- always with the same notice period as Opulence London has stipulated for itself.
Renewal
A fixed-term agreement that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.
In derogation from the previous paragraph, a fixed-term agreement that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer can terminate this extended agreement by the end of the extension with a notice period of no more than one month.
A fixed-term agreement that extends to the regular delivery of products or services may only be tacitly renewed 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 agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
A fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless the 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 reflection period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately report inaccuracies in the payment data provided or stated to Opulence London.
In case of non-payment by the consumer, Opulence London, 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 execution of the agreement must be submitted fully and clearly described to Opulence London within 7 days after the consumer has discovered the defects.
Complaints submitted to Opulence London will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Opulence London will respond within the 14-day period 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 arises that is subject to the dispute settlement procedure.
A complaint does not suspend the obligations of Opulence London unless Opulence London has indicated otherwise in writing.
If a complaint is found to be justified by Opulence London, Opulence London will, at its discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between Opulence London 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.