Terms and conditions

ARTICLE 1 - DEFINITIONS

In these general terms and conditions, the following definitions shall apply:

Cooling-off period: the period during which the consumer may exercise his right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the entrepreneur;

Forward transaction: a distance contract concerning a series of products and/or services, with the obligation to deliver and/or purchase spread over time;

Durable medium: any means enabling the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the information stored.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract during the cooling-off period;

Contractor: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract in which, as part of a system organised by the entrepreneur for the distance sale of products and/or services, one or more distance communication techniques are used until the conclusion of the contract;

Distance communication techniques: means that can be used to conclude a contract without the consumer and the entrepreneur meeting simultaneously in the same place.

General terms and conditions: the present general terms and conditions of the contractor.

ARTICLE 2 - IDENTITY OF THE CONTRACTOR

Company name: Chaps of London

Address: 27, Old Gloucester Street, London, WC1N 3AX, United Kingdom

Company registration number: 14888330

Contact: contact@chapsoflondon.com

Telephone number: +33756754544

Opening hours:
Monday - Friday: 08:00 - 18:00
Saturday: 09:00 - 17:00
Sunday: Closed

ARTICLE 3 - SCOPE OF APPLICATION

These general terms and conditions apply to all offers from the contractor and to all distance contracts and orders between the contractor 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 conclusion of the distance contract that the general terms and conditions can be consulted at the premises of the entrepreneur and that they will be sent to the consumer free of charge as soon as possible at his request.

If the distance contract is concluded by electronic means, the text of these general terms and conditions may, contrary to the previous paragraph and prior to the conclusion of the distance contract, be made available to the consumer by electronic means 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 prior to the conclusion of the distance contract where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge, by electronic or other means, at his request.

If specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision which is more favourable to him in the event of conflicting conditions.

If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or cancelled, the agreement and these general terms and conditions will remain in force for the remainder, and the provision in question will be replaced by a provision that comes as close as possible to the purpose of the original.

Situations not governed by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.

Any ambiguity concerning the interpretation or content of one or more provisions of our general terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.

ARTICLE 4 - THE OFFER

If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.

The offer is without obligation. The contractor has the right to modify and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to assess the offer correctly. If the entrepreneur uses images, these shall be a faithful representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the contractor.

All images, data specifications in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

The images accompanying the products are a faithful representation of the products offered. The contractor cannot guarantee that the colours shown correspond exactly to the actual colours of the products.

Each offer contains information such that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This applies in particular to

the price, excluding customs duties and import taxes. These additional costs are borne by and at the risk of the customer. The postal and/or courier service will benefit from the special import regime for postal and courier services. This scheme applies when the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects VAT (possibly together with any customs clearance costs charged) from the recipient of the goods;
any shipping costs;
how the agreement will be concluded and what actions are necessary to this end;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the agreement;
the period of acceptance of the offer or the period during which the contractor guarantees the price;
the level of the tariff for remote communication if the costs for the use of remote communication technology are calculated on a basis other than the regular basic tariff for the means of communication used;
whether the agreement will be archived after it is concluded and, if so, how it can be consulted by the consumer;
how the consumer can check the information provided by him under the agreement and, if necessary, correct it before the agreement is concluded;
any other languages in which the agreement may be concluded;
the codes of conduct to which the entrepreneur has subscribed and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a forward transaction. Optional: sizes available, colours, type of material.

ARTICLE 5 - THE AGREEMENT

Subject to the provisions of article 4, the agreement is concluded when the consumer accepts the offer and fulfils the conditions attached to it.

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

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the contractor will take appropriate security measures for this purpose.

The entrepreneur may, within the legal frameworks, verify whether the consumer can fulfil his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to conclude the agreement, he is entitled to refuse an order or request, stating the reasons, or to make performance subject to special conditions.

The entrepreneur will send the following information to the consumer together with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

the visiting address of the contractor's establishment where the consumer can go with his complaints ;
the conditions under which and how the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
information on existing guarantees and after-sales service;
the data referred to in Article 4(3) of these conditions, unless the entrepreneur has already provided these data to the consumer prior to the execution of the agreement;
the conditions for terminating the agreement if the agreement is for more than one year or is of indefinite duration.

In the case of a forward transaction, the provision of the previous paragraph only applies to the first delivery.

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

ARTICLE 6 - RIGHT OF WITHDRAWAL

When purchasing products, the consumer has the option of dissolving the agreement without giving any reasons within 14 days. This cooling-off period begins on the day following receipt of the product by the consumer or a representative appointed by the consumer and known to the contractor.

During the cooling-off period, the consumer shall handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all the accessories supplied and - if reasonably possible - in its original condition and packaging to the contractor, in accordance with the reasonable and clear instructions provided by the contractor.

If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the contractor within 14 days of receipt of the product. The consumer must do so by means of the model form or by another means of communication, such as e-mail. Once the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of dispatch.

If the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the contractor after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

ARTICLE 7 - COSTS IN THE EVENT OF WITHDRAWAL

If the consumer exercises his right of withdrawal, the cost of returning the goods shall be borne by the consumer.

If the consumer has paid an amount, the contractor will reimburse this amount as soon as possible, but no later than 14 days after the return or withdrawal. The refund will be made by the same means of payment used by the consumer, unless explicitly agreed otherwise.

ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

The entrepreneur may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products :

which have been created by the entrepreneur according to the consumer's specifications ;
which are clearly of a personal nature
which cannot be returned due to their nature;
which may deteriorate or age rapidly;
the price of which is subject to fluctuations in the financial market over which the contractor has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services :

concerning accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period ;
where delivery has begun with the consumer's express consent before the end of the cooling-off period;
concerning betting and lotteries.

ARTICLE 9 - THE PRICE

During the period of validity mentioned in the offer, the prices of the products and/or services offered will not be increased, except as a result of changes in VAT rates.

Contrary to the previous paragraph, the contractor may offer products or services whose prices are subject to fluctuations in the financial market and over which the contractor has no influence, with variable prices. This dependence on fluctuations and the fact that the prices quoted are target prices will be stated in the offer.

Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after conclusion of the agreement are only permitted if stipulated by the contractor and :

they result from regulations or legal provisions; or
the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

The prices stated in the product or service offer include VAT.

All prices are subject to typographical and programming errors. No liability is accepted for typographical and programming errors. In the event of typographical and programming errors, the contractor is not obliged to deliver the product at the incorrect price.

ARTICLE 10 - CONFORMITY AND WARRANTY

The contractor guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, reasonable requirements for reliability and/or use and the legal provisions and/or government regulations in force on the date on which the agreement is concluded. If agreed, the contractor also guarantees that the product is suitable for other than normal use.

A warranty provided by the contractor, manufacturer or importer does not affect any legal rights and claims that the consumer may have under the agreement against the contractor.

Any fault or incorrect delivery of products must be reported to the contractor in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.

The contractor's warranty period corresponds to the manufacturer's warranty period. However, the contractor is never responsible for the ultimate quality of the products for each 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 himself or had them repaired and/or modified by third parties;
the products delivered have been exposed to abnormal conditions or have been treated carelessly or contrary to the instructions of the contractor and/or on the packaging;
the deficiency is wholly or partly the result of regulations that the government has established or will establish concerning the nature or quality of the materials used.

ARTICLE 11 - DELIVERY AND PERFORMANCE

The contractor will take the utmost care in receiving and fulfilling orders for products and in evaluating requests for the provision of services.

The place of delivery is the address that the consumer has communicated to the company.

Subject to what is stipulated in article 4 of these general terms and conditions, the company will carry out accepted orders promptly, but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order can only be fulfilled in part, the consumer will be informed no later than 30 days after the order is placed. In this case, the consumer has the right to cancel the contract free of charge. The consumer has no right to compensation.

All delivery times are indicative. The consumer cannot derive any rights from them. Exceeding a deadline does not entitle the consumer to compensation.

In the event of dissolution in accordance with paragraph 3 of this article, the contractor will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days of dissolution.

If delivery of an ordered product proves impossible, the contractor will endeavour to supply a replacement item. At the latest at the time of delivery, it will be clearly and comprehensibly indicated that a replacement item is being supplied. The right of withdrawal cannot be excluded in the case of replacement items. The costs of returning goods shall be borne by the entrepreneur.

The risk of damage to and/or loss of the products shall be borne by the Contractor up to the time of delivery to the consumer or to a representative appointed in advance and brought to the Contractor's attention, unless explicitly agreed otherwise.

ARTICLE 12 - DURATION OF TRANSACTIONS: TERM, TERMINATION AND EXTENSION

Termination

The consumer may terminate an open-ended contract, which extends to the regular delivery of products (including electricity) or services, at any time with notice in accordance with the termination rules agreed for this purpose and with a maximum notice period of one month.

The consumer may terminate a fixed-term contract, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to the termination rules agreed for this purpose and notice of not more than one month.

The consumer may the agreements referred to in the preceding paragraphs :

terminate at any time and not be restricted to termination at a particular time or during a specific period ;
terminate in the same way as they were entered into;
always terminate with the same notice period as the contractor has imposed on himself.

Extension

A fixed-term contract, which extends to the regular delivery of products (including electricity) or services, may not be extended or tacitly renewed for a fixed term.

Contrary to the previous paragraph, a fixed-term contract for the regular delivery of newspapers, magazines and periodicals may be tacitly extended for a fixed term of no more than three months if the consumer can terminate the extended contract at the end of the extension with no more than one month's notice.

A fixed-term contract for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate the contract at any time by giving no more than one month's notice and no more than three months' notice if the contract extends to the regular, but less than monthly, delivery of newspapers, magazines and periodicals.

A contract of limited duration for the regular delivery of newspapers, magazines and periodicals (trial or introductory subscription) is not tacitly continued and terminates automatically after the trial or introductory period.

Duration

If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a maximum of one month's notice, unless reasonableness and fairness preclude termination before the end of the agreed duration.

ARTICLE 13 - PAYMENT

Unless otherwise agreed, amounts due by the consumer must be paid within 7 days of the start of the cooling-off period referred to in article 6, paragraph 1. In the case of an agreement to provide a service, this period begins once the consumer has received confirmation of the agreement.

The consumer is obliged to notify the contractor immediately of any inaccuracies in the payment details provided or mentioned.

In the event of non-payment by the consumer, the contractor is entitled, subject to legal limitations, to charge the consumer a reasonable fee which has been communicated to the consumer in advance.

ARTICLE 14 - COMPLAINTS PROCEDURE

The Contractor shall have an adequately publicised complaints procedure and shall deal with the complaint in accordance with that complaints procedure.

Complaints about the performance of the contract must be submitted to the contractor within a reasonable period of time after the consumer has discovered the defects, described and completed them fully and clearly.

Complaints submitted to the contractor will receive a response within 14 days from the date of receipt. If a complaint requires a longer foreseeable processing time, the contractor will respond within 14 days with an acknowledgement 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 will arise which will be subject to the dispute resolution procedure.

In the event of a complaint, the consumer must first contact the contractor. There are costs associated with submitting a dispute to this dispute commission, which must be paid by the consumer to the commission concerned. It is also possible to submit complaints via the European dispute resolution platform (http://ec.europa.eu/odr).

A complaint does not suspend the contractor's obligations, unless otherwise specified in writing by the contractor.

If a complaint is deemed to be justified by the contractor, the contractor will, at its discretion, replace or repair the delivered products free of charge.

ARTICLE 15 - DISPUTES

Only agreements between the contractor and the consumer to which these general terms and conditions relate are governed by UK law. This applies even if the consumer resides abroad.

The Vienna Sales Convention does not apply.

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