Terms and Conditions

Terms and Conditions

Article 1 – Definitions

In these terms, the following definitions apply:

  • Cooling-off Period: The period during which the consumer can exercise their right to cancel the contract.
  • Consumer: A natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur.
  • Day: Calendar day.
  • Duration Contract: A distance contract concerning a series of products and/or services, whose delivery and/or acceptance obligation is spread over time.
  • Durable Data Carrier: Any medium that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
  • Right of Cancellation: The consumer’s ability to withdraw from the distance contract within the cooling-off period.
  • Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
  • Distance Contract: A contract concluded within the context of a distance selling system organized by the entrepreneur, using one or more means of distance communication up to and including the conclusion of the contract.
  • Means of Distance Communication: Any tool that can be used to conclude a contract without the consumer and entrepreneur being simultaneously in the same location.
  • Terms and Conditions: These Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company Name: Rozena London

Chamber of Commerce Number: 84454784

Trade Name: Geest

VAT Registration Number: NL003968652B30

Customer Service Email: support@rozena-london.com

Article 3 – Applicability
These terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the terms and conditions can be inspected at the entrepreneur and that they will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, these terms and conditions can be provided electronically in such a way that the consumer can store them easily on a durable data carrier.
In the event that specific product or service conditions also apply alongside these terms and conditions, the second and third paragraphs apply accordingly, and the consumer may always rely on the provision that is most favorable to them in case of conflicting terms.

If one or more provisions in these terms and conditions are wholly or partially null and void or annulled, the agreement and these conditions will remain in effect for the rest. The relevant provision will be replaced in mutual consultation by a provision that closely approximates the original intention.
Situations not covered by these terms and conditions shall be assessed 'in the spirit' of these terms and conditions.
Ambiguities regarding the explanation or content of one or more provisions of our terms shall be explained 'in the spirit' of these terms.

Article 4 – The Offer
If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
The offer includes a complete and accurate description of the offered products and/or services. The description must be sufficiently detailed to enable the consumer to make a good assessment of the offer. If the entrepreneur uses images, these must be a truthful representation of the offered products and/or services. Obvious errors or mistakes 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 cancellation of the agreement. Images of products must be a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains sufficient information to make it clear to the consumer what rights and obligations are connected to the acceptance of the offer. This specifically concerns:

  • The price, excluding any import duties and VAT, which will be the consumer’s responsibility.
  • Any shipping costs.
  • The method by which the contract will be concluded and the actions required for this.
  • Whether the right of cancellation applies.
  • The payment, delivery, and execution methods of the agreement.
  • The time frame for accepting the offer or the time during which the entrepreneur guarantees the price.
  • The applicable rates for distance communication if the costs for using the communication method are based on a different basis than the standard rate for the used communication tool.
  • Whether the agreement will be archived after its conclusion, and if so, how the consumer can access it.
  • How the consumer can check and, if desired, correct the data provided by them before concluding the agreement.
  • Any other languages in which the agreement can be concluded, besides English.
  • The codes of conduct that the entrepreneur is subject to and how the consumer can consult these codes electronically.
  • The minimum duration of the distance contract in the case of a duration contract.
  • Optional: available sizes, colors, types of materials.

Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and fulfillment of the conditions set.
If the consumer accepts the offer electronically, the entrepreneur will confirm receipt of acceptance of the offer electronically as soon as possible. Until receipt of this acceptance has been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and provide a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures in this regard.
The entrepreneur may inform themselves, within legal limits, about whether the consumer can meet their payment obligations, as well as about all facts and factors that are relevant to a responsible conclusion of the distance contract. If the entrepreneur has good grounds to refuse the agreement based on this research, they are entitled to refuse an order or request, giving reasons, or to attach special conditions to the execution.
The entrepreneur will provide the consumer, with the product or service, the following information in writing or in such a way that it can be easily stored on a durable data carrier:

  1. The visiting address of the entrepreneur’s establishment where the consumer can go with complaints;
  2. The conditions under which and the manner in which the consumer can exercise their right of cancellation, or a clear statement regarding the exclusion of the right of cancellation;
  3. Information about guarantees and existing after-sales service;
  4. The data included in Article 4, paragraph 3 of these terms unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
  5. 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 duration contract, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 – Right of Cancellation
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons during a cooling-off period of 14 days. This cooling-off period starts the day after the consumer receives the product or a representative designated by the consumer who has been made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they wish to exercise their right of cancellation, they must return the product with all delivered accessories and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to make use of their right of cancellation, they are obliged to notify the entrepreneur within 14 days after receiving the product. This notification must be made in writing via a message/email. After the consumer has notified the intention to exercise the right of cancellation, they must return the product within 14 days. The consumer must provide proof that the delivered goods were returned on time, for example, by means of a shipping receipt.
If the consumer does not notify the intention to exercise their right of cancellation or does not return the product within the time frames mentioned in paragraphs 2 and 3, the purchase is final.

Article 7 – Costs in Case of Cancellation
If the consumer exercises their right of cancellation, the costs for returning the products are borne by the consumer.
If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation, provided that the product has already been received by the retailer or conclusive proof of complete return is provided.

Article 8 – Exclusion of Right of Cancellation
The entrepreneur can exclude the consumer’s right of cancellation for products as described in paragraphs 2 and 3. The exclusion of the right of cancellation only applies if the entrepreneur has clearly stated this in the offer or at least in good time before the contract is concluded.
Exclusion of the right of cancellation is only possible for products:

  1. Made according to the consumer’s specifications;
  2. Clearly personal in nature;
  3. Which cannot be returned due to their nature;
  4. Which can spoil quickly or age;
  5. Whose price is tied to fluctuations in the financial market that the entrepreneur has no influence over;
  6. For single newspapers and magazines;
  7. For audio and video recordings and computer software of which the consumer has broken the seal.

Article 9 – The Price
During the validity period stated in the offer, the prices of the offered products will not be increased, except for price changes due to changes in VAT rates.
By way of derogation from the previous paragraph, the entrepreneur may offer products whose prices are subject to fluctuations in the financial market and of which the entrepreneur has no influence, at variable prices. The offer will state that these prices are subject to fluctuations and that any prices mentioned are target prices.

Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing statutory provisions and regulations at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.

Article 11 – Delivery and Execution
The entrepreneur will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address provided by the consumer to the entrepreneur.
With due observance of what is stated in Article 4 of these terms, the entrepreneur will execute accepted orders promptly but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be notified of this no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge. The entrepreneur is obliged to refund the consumer as soon as possible, but no later than 14 days after cancellation.
All delivery times are indicative. The consumer cannot derive any rights from any mentioned terms. Exceeding a delivery time does not entitle the consumer to compensation unless this was explicitly agreed.

Article 12 – Payment
The consumer must make payments within 14 days after the cooling-off period starts, unless otherwise agreed. In the case of a sales agreement, the consumer cannot be obliged to make an advance payment of more than 50%. When prepayment is made, the consumer cannot assert any rights regarding the execution of the order before the stipulated payment has been made.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer for any reasonable costs made known in advance.

Article 13 – Complaints Procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable period after the consumer has discovered the defects.
Consumers must provide sufficient detail regarding their complaints so that the entrepreneur can adequately respond.
The entrepreneur will respond to submitted complaints within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed response.

Article 14 – Disputes
Agreements between the entrepreneur and the consumer to which these terms and conditions apply, are exclusively governed by UK law.
Disputes between the consumer and entrepreneur will be submitted to the competent court in the entrepreneur's area of business, or if the consumer prefers, the consumer’s local court.