Article 1 – Definitions
In these general 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 who enters into a distance contract with the trader.
Day: calendar day.
Continuing transaction: a distance contract relating to a series of products and/or services, where the obligation to supply and/or purchase is spread over time.
Durable medium: any means that enables the consumer or the trader to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period.
Trader: the natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: a contract concluded within the framework of a system organised by the trader for the distance selling of products and/or services, in which, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication.
Technique for distance communication: any means that can be used to conclude a contract without the consumer and the trader being in the same room at the same time.
General Terms and Conditions: these General Terms and Conditions of the trader.
Article 2 – Identity of the trader
Trade name: Lexacco Empire
Email address: info@houseaurelius.com
Chamber of Commerce (KvK) number: 80730418
Address: De Breide 10, 6983 HG Doesburg, Netherlands
(No visiting address or physical shop)
Article 3 – Applicability
These general terms and conditions apply to every offer made by the trader and to every distance contract concluded and every order placed between the trader 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 trader will indicate, before the distance contract is concluded, where the general terms and conditions can be viewed and that they will be sent free of charge on request.
If the contract is concluded electronically, the text of these terms and conditions will be made available to the consumer electronically in such a way that the consumer can store it on a durable medium.
If specific product or service terms apply in addition to these general terms and conditions, the consumer may, in the event of conflicting terms, always rely on the provision that is most favourable to them.
If one or more provisions of these terms and conditions prove to be void or are annulled, the remaining provisions will remain in force. The parties will replace the void provision with a provision that comes as close as possible to the original intention.
Situations not covered by these terms and conditions will be assessed "in the spirit" of these terms and conditions.
Any ambiguities regarding the interpretation of one or more provisions will be interpreted "in the spirit" of these 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 stated explicitly.
The offer is non-binding and the trader may change it.
The offer contains a complete and accurate description of the products/services offered. If images are used, they are a truthful representation of the products. Obvious mistakes or errors are not binding on the trader.
All images, specifications and information in the offer are indicative and cannot give rise to compensation or termination of the contract.
Each offer contains information that clearly informs the consumer of their rights and obligations, including:
Article 5 – The contract
The contract is concluded at the moment the consumer accepts the offer and meets the conditions set.
If the consumer has accepted the offer electronically, the trader will confirm receipt of the acceptance electronically. As long as this confirmation has not been received, the consumer may terminate the contract.
The trader takes technical and organisational measures to secure the electronic transfer of data and ensures a secure web environment.
Within the legal framework, the trader may find out whether the consumer is able to meet their payment obligations. If there are good grounds for doing so, the trader may refuse an order or attach special conditions to it.
On delivery of the product or service, the trader will provide the consumer with:
a. the visiting address of the establishment where the consumer can go with complaints
b. instructions on how to exercise the right of withdrawal (if applicable)
c. guarantee and after-sales information
d. the information referred to in Article 4, unless already provided
e. the cancellation conditions, if applicable
Every contract is entered into on condition that the products are sufficiently available.
Article 6 – Right of withdrawal
The consumer may terminate the contract relating to a product during a period of 14 days without giving any reason.
The cooling-off period starts on the day after the consumer, or a third party designated by the consumer, has received the product.
During the cooling-off period, the consumer will handle the product and its packaging with care and will only inspect them to the extent necessary.
If the consumer exercises their right of withdrawal, they will return the product with all accessories and in its original condition and packaging.
The consumer must give notice of the withdrawal within 14 days of receipt, in writing or by email. After this notice, the product must be returned within 14 days.
The consumer must provide proof of shipment.
If the consumer does not give notice of the withdrawal or does not return the product in time, the purchase is final.
Article 7 – Costs in the event of withdrawal
The cost of return shipping is borne by the consumer.
The trader will refund the purchase price within 14 days of the withdrawal, provided that the product has been received or the return shipment has been proven.
Article 8 – Exclusion of the right of withdrawal
The trader may exclude the right of withdrawal for certain products, provided this has been clearly stated before the purchase.
Exclusion is possible for products:
a. made to the consumer's specifications
b. that are clearly personal in nature
c. that by their nature cannot be returned
d. that spoil quickly
e. with price fluctuations beyond the trader's control
f. newspapers/magazines
g. sealed audio/video/software once opened
h. hygiene products once the seal has been broken
Exclusion is possible for services:
a. accommodation, transport, catering or leisure activities on a specific date
b. the performance of which has begun before the cooling-off period with the express consent of the consumer
c. bets and lotteries
Article 9 – The price
Prices will not be increased during the period of validity, except for changes resulting from changes in VAT.
Prices that are subject to fluctuations in the financial market may vary; this will be stated in the offer.
Price increases within 3 months are only allowed where permitted by law.
Price increases after 3 months are allowed if agreed and if the consumer can cancel the contract at the time the increase takes effect.
Prices are exclusive of VAT.
Obvious misprints or typographical errors are not binding on the trader.
Article 10 – Conformity and guarantee
The trader guarantees that the products comply with the contract, the specifications, reasonable usability and the statutory requirements.
Defects or incorrectly delivered products must be reported within 14 days.
Returns must be in their original packaging and in new condition.
The guarantee is the same as the manufacturer's guarantee.
The guarantee does not apply if:
Article 11 – Delivery and performance
The trader handles orders with care.
The place of delivery is the country where the shipment begins.
As delivery begins outside the EU, the postal or courier service may charge the customer import VAT and/or customs clearance costs. For this reason, the trader does not charge VAT.
Orders will be delivered within 30 days, unless otherwise agreed.
Delays, or the inability to fulfil the order, will be reported within 30 days. The consumer may then cancel the order free of charge and is entitled to a refund.
If replacement products are delivered, the consumer will be informed of this. Replacement items cannot exclude the right of withdrawal.
The trader bears the risk of damage/loss up until delivery to the consumer.
Article 12 – Continuing transactions: duration, cancellation and renewal
The consumer may cancel a contract entered into for an indefinite period, subject to a notice period of one month.
Fixed-term contracts may be cancelled at the end of their term, subject to a notice period of no more than one month.
Contracts cannot be tacitly renewed for a fixed period, except for newspapers/magazines as described.
Contracts with a duration of more than one year may be cancelled after one year, subject to a notice period of one month.
Article 13 – Payment
Unless otherwise agreed, payments must be made within 7 working days of the start of the cooling-off period.
The consumer must report incorrect payment details immediately.
In the event of non-payment, the trader may charge reasonable costs.
Article 14 – Complaints
Complaints must be submitted within 7 days of discovery.
Complaints will be answered within 14 days.
If more time is needed, the consumer will receive an indication of when a full response can be expected.
If complaints cannot be resolved by mutual agreement, a dispute arises.
A complaint does not suspend the obligations, unless the trader confirms that it does.
Article 15 – Disputes
Contracts between the trader and the consumer are governed exclusively by Dutch law, even if the consumer lives abroad.
Article 16 – Out-of-court dispute resolution (ODR)
If a complaint cannot be resolved by mutual agreement between the consumer and the trader, the consumer may submit the dispute to the European Commission's ODR platform for online dispute resolution, available at https://ec.europa.eu/consumers/odr.
The consumer may also submit a dispute to a competent disputes committee. The trader will discuss with the consumer any complaint that cannot be resolved between them, in order to determine to which body the dispute can be submitted.
Company:
Lexacco Empire
De Breide 10, 6983 HG, Doesburg, Netherlands