General Conditions

Mary & Anne Charleston

Article 1 – Definitions

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

  • Withdrawal period: the period during which the consumer may exercise their right of withdrawal;

  • Consumer: the natural person who is not acting for purposes relating to a trade, business, craft or profession 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, for which the delivery and/or purchase obligations are spread over time;

  • Durable data carrier: any tool that enables the consumer or entrepreneur 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 possibility for the consumer to withdraw from the distance contract within the withdrawal 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 an organised system for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the moment the contract is concluded;

  • Means of distance communication: any means that can be used to conclude a contract without the consumer and the entrepreneur being together in the same place at the same time;

  • General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

  • Trade Name: Mary & Anne Charleston

  • Chamber of Commerce Registration Number: 97829323

  • Company Name: Mary & Anne Charleston

  • VAT Number: [not yet available]

  • Customer Service Email: info@maryannecharleston.com

  • Business Address: Nieuwe Leuvenaarstraat 150

Article 3 – Applicability

These general terms and conditions apply to every offer made by Mary & Anne Charleston and to every distance contract and order concluded between Mary & Anne Charleston 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 consumer will be informed—before the distance contract is concluded—where the general terms and conditions can be consulted and that they will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, the consumer will be informed—prior to concluding the contract—where the terms and conditions can be accessed electronically and that they will be sent free of charge electronically or by other means upon request.

In the event that, in addition to these general terms and conditions, specific product or service conditions apply, paragraphs 2 and 3 apply accordingly, and the consumer may always invoke the most favorable applicable provision in the event of a conflict.

If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or annulled, the agreement and the remaining terms will continue to apply. The invalid or voided provision will be replaced, in mutual consultation, by a provision that most closely reflects the original intent.

Situations not covered by these general terms and conditions should be assessed in the spirit of these terms.

Ambiguities regarding the interpretation or content of one or more provisions must also be interpreted in the spirit of these terms and conditions.

Article 4 – The Offer

If an offer has a limited validity or is subject to specific conditions, this will be explicitly stated in the offer.

All offers are non-binding. Mary & Anne Charleston reserves the right to modify or adjust the offer at any time.

The offer includes a complete and accurate description of the products and/or services provided. The description is sufficiently detailed to allow the consumer to make a proper assessment. If Mary & Anne Charleston uses images, they are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind Mary & Anne Charleston.

All images, specifications, and information included in the offer are indicative and do not entitle the consumer to compensation or cancellation.

Product images represent the actual products offered as closely as possible, but Mary & Anne Charleston cannot guarantee that the colors displayed match the real product colors exactly.

Each offer clearly outlines the rights and obligations attached to its acceptance. This includes, but is not limited to:

  • The price, excluding customs duties and import VAT. These additional charges are the customer's responsibility. The postal service and/or carrier will apply import procedures into the EU and may collect VAT and customs fees from the recipient.

  • Any shipping costs.

  • The method of contract conclusion and the steps involved.

  • Whether or not the right of withdrawal applies.

  • Payment, delivery, and contract fulfillment terms.

  • The validity of the offer and any price guarantee period.

  • The cost of remote communication if it differs from the basic standard rate.

  • Whether the contract will be archived and how it can be accessed later by the consumer.

  • How the consumer can verify and correct submitted data before concluding the contract.

  • Any other languages available for the contract, besides Dutch.

  • Any codes of conduct Mary & Anne Charleston adheres to and how they can be viewed electronically.

  • The minimum duration of the distance contract, if applicable.

  • Optional: Available sizes, colors, material types.

Article 5 – The Contract

The contract is established, subject to paragraph 4, once the consumer accepts the offer and meets any stated conditions.

If the consumer accepts the offer electronically, Mary & Anne Charleston will immediately confirm receipt electronically. Until this confirmation is received, the consumer may cancel the contract.

If the contract is concluded electronically, Mary & Anne Charleston shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, Mary & Anne Charleston will use secure payment solutions.

Within legal boundaries, Mary & Anne Charleston may investigate the consumer's ability to meet payment obligations and any other facts important to concluding the distance contract responsibly. If there are legitimate grounds, Mary & Anne Charleston may refuse the order or impose special conditions.

With the product or service, Mary & Anne Charleston will provide the consumer, in writing or on a durable data medium, with the following:

  • The physical address where consumer complaints can be sent;

  • The conditions and procedures for exercising the right of withdrawal, or a clear statement if this right does not apply;

  • Warranty and after-sales service information;

  • The details as stated in Article 4, paragraph 3 of these general terms, unless already provided before the contract was concluded;

  • The conditions for terminating the agreement if it lasts more than one year or is indefinite.

For ongoing performance contracts, the above only applies to the first delivery.

Each agreement is subject to the condition of product availability.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the contract without giving any reason for a period of 30 days. This cooling-off period begins the day after the product is received by the consumer or their designated representative.

During the cooling-off period, the consumer must handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to assess whether they wish to keep it. If the consumer exercises the right of withdrawal, the product must be returned with all accessories, preferably in its original condition and packaging, following Mary & Anne Charleston's reasonable and clear instructions.

To invoke the right of withdrawal, the consumer must notify Mary & Anne Charleston in writing or by email within 14 days of receiving the product. After this, the consumer has another 14 days to return the item. Proof of timely return must be provided—either to Mary & Anne Charleston or directly to our supplier in China—such as a shipping receipt.

If the consumer fails to notify or return the product within the deadlines specified in paragraphs 2 and 3, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, all return shipping costs are borne by the consumer. This includes return shipping to the country of origin (our supplier in China).

If the consumer has already made a payment, Mary & Anne Charleston will refund the amount as soon as possible, and no later than 30 days after the withdrawal—provided the product has been received or conclusive proof of return has been presented.

Article 8 – Exclusion of the Right of Withdrawal

Mary & Anne Charleston may exclude the consumer’s right of withdrawal for specific products or services as described below. Exclusion is only valid if it was clearly stated in the offer, or at least before the contract was concluded.

Exclusion may apply to:

  • Products made according to consumer specifications;

  • Personalized items;

  • Items that by nature cannot be returned;

  • Perishable or aging-sensitive products;

  • Items subject to market price fluctuations beyond Mary & Anne Charleston's control;

  • Newspapers or magazines sold individually;

  • Audio/video recordings or software where the seal was broken;

  • Hygiene-related products where the seal has been broken.

Exclusion may also apply to:

  • Services related to accommodation, transport, catering, or leisure activities for a specific date or period;

  • Services that begin during the withdrawal period with the consumer’s explicit consent;

  • Betting and lottery services.

Article 9 – The Price

During the offer’s validity period, prices for products or services will not be increased, except for changes in VAT rates.

Notwithstanding the above, Mary & Anne Charleston may offer variable pricing for items subject to financial market fluctuations beyond their control. This dependency and the indicative nature of pricing will be stated clearly in the offer.

Price increases within 3 months of contract conclusion are only permitted if due to legal or regulatory changes.

Price increases after 3 months are only allowed if explicitly stated in the contract and:

  • They are a result of legal or regulatory changes; or

  • The consumer has the right to terminate the agreement from the effective date of the price increase.

The place of delivery is determined according to Article 5 of the Dutch Turnover Tax Act 1968, meaning delivery occurs in the country where the transport begins. In this case, delivery occurs outside the EU, and import VAT and customs duties will be charged by the postal service or carrier. Mary & Anne Charleston therefore does not charge VAT.

All prices are subject to printing and typographical errors. Mary & Anne Charleston is not liable for these errors and is not obliged to deliver products at incorrect prices.

Article 10 – Conformity and Warranty

Mary & Anne Charleston guarantees that the delivered products and/or services comply with the contract, the specifications in the offer, reasonable standards of usability and reliability, and applicable legal and governmental regulations at the time of contract formation. If agreed upon, Mary & Anne Charleston also guarantees that the product is suitable for other than normal use.

Any additional warranty offered by Mary & Anne Charleston, manufacturer, or importer does not affect the consumer’s legal rights.

Defects or incorrect deliveries must be reported to Mary & Anne Charleston in writing within 30 days after delivery. Products must be returned in their original packaging and in new condition.

The warranty provided equals the manufacturer’s warranty. Euphore London is not liable for the product’s ultimate suitability for specific consumer purposes or for any advice on usage or application.

Warranty does not apply in the following cases:

  • The consumer has repaired or modified the product themselves or via a third party;

  • The product has been exposed to abnormal conditions or misused;

  • The defect is wholly or partially due to government regulations on materials used.

Article 11 – Delivery and Execution

Mary & Anne Charleston will take the utmost care when accepting and executing product orders.

The delivery address is the one provided by the consumer.

According to Article 4, Mary & Anne Charleston will process accepted orders as quickly as possible, and no later than 30 days, unless a longer delivery time has been agreed with the consumer. If delivery is delayed or cannot be fulfilled in whole or in part, the consumer will be informed within 30 days after placing the order. In this case, the consumer has the right to cancel the contract free of charge and may be entitled to compensation.

If the contract is terminated as described above, Mary & Anne Charleston will refund any amount paid within 30 days of cancellation.

If delivery of a product proves impossible, Mary & Anne Charleston will make every effort to offer a replacement item. The substitution will be clearly communicated. The right of withdrawal still applies, and any return shipping costs will be borne by Mary & Anne Charleston.

The risk of damage or loss lies with Mary & Anne Charleston until delivery to the consumer or their designated third party, unless otherwise agreed.

Article 12 – Long-term contracts: duration, termination and renewal

Termination
The consumer may terminate an open-ended contract for the regular supply of products or services (including electricity) at any time, subject to any agreed notice rules and with a notice period of no more than one month.
A fixed-term contract for the regular supply of products or services may be terminated by the consumer at the end of the agreed term, also with a notice period of no more than one month.

In all cases, the consumer has the following rights when terminating such contracts:

  • Termination must be possible at any time and not limited to a specific date or period.

  • Termination must be as easy as the process used to enter into the contract.

  • The notice period for the consumer may not be longer than that required of Mary & Anne Charleston.

Renewal
A fixed-term contract for the regular supply of products or services may not be automatically extended or renewed for another fixed term.

Exception: A fixed-term subscription for newspapers, magazines, or journals may be automatically extended for a maximum of three months, provided the consumer can cancel it at the end of the renewal period with a notice period of no more than one month.

A fixed-term contract may be automatically renewed for an indefinite period only if the consumer may cancel it at any time with a notice period of no more than one month (or a maximum of three months in the case of less frequent deliveries of newspapers or magazines).

Trial or introductory subscriptions to newspapers, magazines or journals will not be automatically renewed and will end automatically at the end of the trial period.

Duration
If a contract has a duration of more than one year, the consumer may cancel the contract at any time after one year, with a notice period of no more than one month, unless early termination would be unreasonable due to the nature of the agreement.

Article 13 – Payment

Unless otherwise agreed, any amounts due by the consumer must be paid within 7 business days after the start of the withdrawal period mentioned in Article 6(1).
In the case of a service agreement, this period begins once the consumer receives confirmation of the contract.

The consumer is responsible for immediately notifying Mary & Anne Charleston of any errors in the provided or recorded payment details.

If the consumer fails to make payment, Mary & Anne Charleston is entitled—within legal limits—to charge reasonable costs that were clearly communicated in advance.

Article 14 – Complaints procedure

Complaints regarding the performance of the contract must be submitted to Mary & Anne Charleston within 7 days after the consumer discovers a defect. Complaints must be described clearly and in detail.

Complaints submitted to Mary & Anne Charleston will be answered within 30 days of receipt. If more time is needed, the consumer will receive an acknowledgement of receipt within those 30 days, including an indication of when a more detailed response can be expected.

If the complaint cannot be resolved amicably, a dispute will arise that may be subject to a dispute resolution procedure.

Filing a complaint does not suspend the consumer’s payment obligations, unless Mary & Anne Charleston explicitly states otherwise in writing.

If a complaint is found to be justified, Mary & Anne Charleston will, at their own discretion, either replace or repair the delivered product free of charge.

Article 15 – Disputes

All agreements between Mary & Anne Charleston and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.