General terms and conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and 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, for which the supply and/or purchase obligation is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to them 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 cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby, up to and including the moment the agreement is concluded, exclusive use is made of one or more means of distance communication;
Means of distance communication: a method that can be used to conclude an agreement, without the consumer and entrepreneur being together 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: Echelon London
Chamber of Commerce number:
Trade name: Echelon London
VAT number:
Customer service email: info@echelonlondon.com
Business address:
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, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, contrary to the previous paragraph, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier before the distance contract is concluded. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.
If one or more provisions of these general terms and conditions are at any time wholly or partially null and 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 mutual agreement as soon as possible by a provision that approximates the original intent as closely as possible.
Situations that are not covered by these general terms and conditions should 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 should be interpreted ‘in the spirit’ of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price, excluding clearance costs and import VAT. These additional costs will be borne by the customer. The postal and/or courier service will use the special arrangement for postal and courier services concerning importation. This arrangement applies when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the VAT (together with any clearance costs) from the recipient of the goods;
- the possible costs of delivery;
- the manner in which the agreement will be concluded and what actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and execution of the agreement;
- the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
- the rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular base rate for the communication method used;
- whether the contract will be archived after its conclusion and, if so, in what way it can be consulted by the consumer;
- the way in which the consumer can check and, if desired, correct the data they have provided in the context of the agreement before the conclusion of the agreement;
- the possible other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur has subjected themselves and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in case of a long-term transaction.
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 the fulfillment of the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not 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 will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
The entrepreneur will provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the establishment of the entrepreneur where the consumer can lodge complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about guarantees and existing after-sales services;
- the data included in article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data 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.
Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for a period of 14 days. This cooling-off period starts on the day after the consumer, or a pre-designated representative of the consumer, has received the product.
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 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 its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. The consumer must make this known through a written message/email. After the consumer has indicated that they wish 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 in time, for example, by means of a proof of shipment.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the consumer has not made known that they wish to exercise their right of withdrawal, or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the return shipping costs will be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur, or that conclusive proof of complete return can be provided.
Article 8 – Exclusion of Right of Withdrawal
The entrepreneur can exclude the right of withdrawal for products that are:
- Made to the consumer’s specifications;
- Clearly personal in nature;
- Not suitable for return due to their nature;
- Rapidly deteriorating or expiring;
- Sealed products that are not suitable for return for health protection or hygiene reasons, if their seal has been broken after delivery;
- Products that are, after delivery, irrevocably mixed with other products;
- Digital content that is not delivered on a tangible medium, but only if the consumer has explicitly agreed to the early performance of the agreement and has acknowledged that they lose their right of withdrawal.
Article 9 – The Price
The prices stated in the offer include VAT.
During the validity period stated in the offer, the prices of the products and/or services will not be increased, except for price changes as a result of changes in VAT rates.
Contrary to 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 offer will state these fluctuations and the fact that the prices are indicative.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- they result from legal regulations or provisions;
- the consumer has the authority to cancel the agreement as of the day the price increase takes effect.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, and the reasonable requirements of usability and/or durability.
The consumer is obliged to check the products and/or services at the time of delivery, or as soon as possible thereafter, to see whether the products and/or services meet the agreement. If this is not the case, the consumer must inform the entrepreneur as soon as possible, but no later than within 2 months, after the consumer has discovered the defect.
If a product or service does not meet the requirements set in the agreement, the consumer can demand a free repair or replacement from the entrepreneur. If repair or replacement is not possible, the consumer may request a price reduction or terminate the agreement. The consumer must give the entrepreneur a reasonable period to repair or replace the product or service.
Article 11 – Delivery and Execution
The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has provided to the entrepreneur.
Subject to what is stated in article 4 of these terms and conditions, the entrepreneur will execute accepted orders promptly but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be informed of this no later than 30 days after placing the order. The consumer in that case has the right to dissolve the agreement without any costs.
After dissolution 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 dissolution.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Payment
As far as not otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer should be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement.
In the case of an agreement for the provision of a service, the payment period begins on the day after the consumer has received confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
If the consumer does not fulfill their payment obligation(s) on time, they will owe the statutory interest on the amount due after the expiry of the payment period, and the entrepreneur has the right to charge any reasonable collection costs.
Article 13 – Complaints Procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable period, but no later than 2 months, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
Article 14 – Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions relate, are exclusively governed by Dutch law.
Disputes between the consumer and the entrepreneur about the conclusion or performance of agreements with regard to products and services to be delivered or delivered by the entrepreneur can be submitted to the Disputes Committee by the consumer.
Article 15 – Additional or Deviating Terms
Additional or deviating terms from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.