Terms and conditions

Section 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: The period within which the customer may exercise their right to cancel the distance contract.

Consumer: A natural person not acting in the course of a business or profession who enters into a distance contract with the trader.

Day: A calendar day.

Long-term transaction: A distance contract relating to a series of products and/or services, where the obligation to deliver and/or receive is spread over time.

Durable data carrier: Any device that allows the consumer or trader to store information addressed to them personally, in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: The consumer’s option to cancel the distance contract during 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 distance selling of products and/or services, where exclusive use is made of 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 trader being simultaneously present in the same place.

Terms and Conditions: These present general terms and conditions of the trader.

Section 2 – Trader Identity

Company name: KAYEN
Company registration number: 73876739
Trading name: Olivia Row Londen
VAT number: NL002426107B04
Customer service email: info@oliviarowlondon.co.uk

Section 3 – Applicability

These terms and conditions apply to every offer made by the trader and to any distance contract concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader shall indicate how the terms and conditions can be viewed and that they will be sent free of charge to the consumer upon request.

If the distance contract is concluded electronically, the text of these terms and conditions may, contrary to the previous paragraph, be supplied electronically before the distance contract is concluded, in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, the trader shall indicate how the terms and conditions can be accessed electronically and that they will be sent free of charge upon request.

Where specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms, the consumer may always rely on the applicable provision that is most favourable to them.

If one or more provisions of these terms and conditions are at any time wholly or partly null and void or annulled, the agreement and these terms shall otherwise remain in force, and the relevant provision shall be replaced by a provision that most closely reflects the original intent.

Any situations not covered by these terms and conditions shall be assessed 'in the spirit' of these terms.

Any ambiguities regarding the interpretation or content of one or more provisions shall be interpreted 'in the spirit' of these terms and conditions.

Section 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.

All offers are non-binding. The trader reserves the right to amend or withdraw an offer at any time.

The offer includes a complete and accurate description of the products and/or services offered. This description is sufficiently detailed to enable the consumer to make a proper assessment. If the trader uses images, these are a true representation of the products and/or services on offer. Obvious errors or mistakes in the offer do not bind the trader.

All images, specifications and data included in the offer are indicative only and cannot be grounds for compensation or cancellation of the agreement.

Product images are a true representation of the offered items. The trader cannot guarantee that colours displayed exactly match the actual colours of the products.

• Each offer contains sufficient information to clearly inform the consumer of the rights and obligations attached to accepting the offer. This includes:
• The price, excluding any customs duties and import VAT. These additional charges are the customer’s responsibility. Postal and/or courier services may apply specific schemes for such charges depending on the country of delivery;
• Any shipping costs;
• The method by which the contract will be formed and the steps required;
• Whether or not the right of withdrawal applies;
• The method of payment, delivery, and performance of the contract;
• The deadline for accepting the offer, or the period within which the trader guarantees the price;
• The cost of distance communication if charged at a rate different from the standard basic rate;
• Whether the agreement will be archived after conclusion and, if so, how it can be accessed by the consumer;
• The way in which the consumer can review and, if necessary, correct the data they have provided;
• Any additional languages in which the contract may be concluded;
• The codes of conduct to which the trader is subject and how the consumer can consult these codes electronically;
• The minimum duration of the distance contract in the event of a continuing performance contract.

Optional: available sizes, colours, types of materials.

Section 5 – The Contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the applicable conditions.

If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of acceptance electronically. Until this confirmation is received, the consumer may dissolve the contract.

If the contract is concluded electronically, the trader shall implement appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can make payments electronically, the trader shall take appropriate security measures.

The trader may, within legal boundaries, assess whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into a distance contract. If, based on this assessment, the trader has sound reasons not to enter into the contract, they are entitled to refuse an order or request with justification, or to attach special conditions to its implementation.

The trader shall, with the product or service, provide the consumer with the following information in writing or in such a manner that the consumer can store it in an accessible way on a durable data carrier:

• The trader’s business address where the consumer can submit complaints;
• The conditions under which and how the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• Information regarding after-sales service and guarantees;
• The details referred to in Section 4, unless the trader has already provided this information to the consumer before the execution of the contract;
• The requirements for cancelling the contract if it is of more than one year’s duration or indefinite.

In the case of a long-term transaction, the previous paragraph only applies to the first delivery.

Every contract is concluded under the suspensive condition of sufficient availability of the products concerned.

Section 6 – Right of Withdrawal

When purchasing products, the consumer has the right to cancel the contract without giving any reason within 30 days. This cooling-off period starts on the day the consumer, or a third party previously designated by the consumer (not being the carrier), receives the product.

During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall 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 shall return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, following the trader’s reasonable and clear instructions.

If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 30 days of receiving the product. This notification must be made via written message or email. After notifying the trader, the consumer must return the product within 30 days. The consumer must provide proof that the goods were returned on time to the original place of dispatch. This may include direct return to our supplier in China. Proof of postage, such as a shipping receipt, can serve as evidence.

If the consumer fails to notify the trader of their intent to withdraw or does not return the product within the periods stated above, the purchase becomes final.

Section 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, they shall bear the cost of returning the goods. This includes the return costs to the original dispatch country, such as our supplier in China.

If the consumer has made a payment, the trader shall refund this amount as soon as possible and at the latest within 30 days after withdrawal, provided the returned product has been received by the trader or conclusive proof of complete return has been provided.

Section 8 – Exclusion of the Right of Withdrawal

The trader may exclude the consumer’s right of withdrawal for the following products and services, provided this was clearly stated in the offer and before the conclusion of the contract:

Exclusion is only possible for products:

• Manufactured to the consumer’s specifications;
• Clearly personalised in nature;
• Which, by their nature, cannot be returned;
• That perish or age quickly;
• Whose price is subject to fluctuations in the financial market beyond the trader’s control;
• Single editions of newspapers and magazines;
• Audio or video recordings and computer software with broken seals;
• Hygienic products with broken seals.

Exclusion is only possible for services:

• Relating to accommodation, transport, restaurant or leisure activities scheduled for a specific date or period;
• That have begun with the consumer’s explicit consent before the end of the cooling-off period;
• Relating to betting and lotteries.

Section 9 – Price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.

By way of derogation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. The offer will state the possibility of being subject to such fluctuations and the fact that any prices mentioned are guide prices.

Price increases within three months of the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.

Price increases more than three months after the conclusion of the contract are only permitted if the trader has stipulated this and:

• They are the result of statutory regulations or provisions; or
• The consumer has the right to cancel the contract with effect from the date the price increase takes effect.

The place of delivery is, pursuant to Section 5(1) of the UK VAT Act 1994, the location where the transport of the goods begins. In the case at hand, this is outside the EU. Consequently, the postal or courier service will charge import VAT and/or clearance costs to the recipient. The trader will not charge VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In case of such errors, the trader is not obliged to deliver the product at the incorrect price.

Section 10 – Conformity and Guarantee

The trader guarantees that the products and/or services conform to the contract, the specifications stated in the offer, reasonable standards of soundness and usability, and existing legal provisions and/or government regulations at the time of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for uses other than normal use.

Any guarantee offered by the trader, manufacturer, or importer does not affect the statutory rights and claims the consumer may exercise under the contract.

Defects or incorrectly delivered products must be reported to the trader in writing within 30 days of delivery. Products must be returned in their original packaging and in new condition.

The trader’s warranty period corresponds to the manufacturer's warranty. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding use or application of the products.

The guarantee does not apply if:

• The consumer has repaired and/or altered the delivered products themselves or had them repaired and/or altered by third parties;
• The products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the trader’s instructions and/or instructions on the packaging;
• The defect results in whole or in part from regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Section 11 – Delivery and Execution

The trader shall exercise the greatest possible care in receiving and fulfilling orders for products.

The delivery address is the address that the consumer has provided to the company.

Subject to the provisions in Section 4 of these terms and conditions, the company shall fulfil accepted orders with due speed but at the latest within 30 days, unless a longer delivery period has been agreed with the consumer. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be informed no later than 30 days after placing the order. In such cases, the consumer is entitled to cancel the contract without charge and may be entitled to compensation.

In the event of cancellation in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after cancellation.

If delivery of an ordered product proves impossible, the trader will endeavour to supply a replacement item. The consumer will be informed in a clear and comprehensible manner before delivery that a replacement item is being provided. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the trader.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Section 12 – Long-Term Agreements: Duration, Termination and Renewal

Termination

The consumer may terminate a contract entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, subject to the agreed notice rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract that involves the regular delivery of products (including electricity) or services at any time at the end of the agreed period, subject to the applicable termination rules and a notice period of no more than one month.

The consumer may:

• Terminate such agreements at any time and not be restricted to termination at a specific time or during a specific period;
• Terminate them using the same method by which they were entered into;
• Always terminate with the same notice period that the trader has stipulated for themselves.

Renewal

A fixed-term contract that involves the regular delivery of products or services may not be automatically extended or renewed for a fixed term.

By way of exception, a fixed-term contract involving the regular delivery of daily, news and weekly papers and magazines may be tacitly renewed for a fixed period of up to three months, provided that the consumer may terminate this renewed contract at the end of the renewal with a notice period of no more than one month.

A fixed-term contract involving the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and a notice period of no more than three months in the case of a contract involving the regular but less than monthly delivery of daily, news and weekly papers and magazines.

A limited-duration contract for the regular delivery of daily, news and weekly papers and magazines (trial or introductory subscription) shall not be automatically continued and will end automatically after the trial or introductory 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 reasonableness and fairness dictate otherwise.

Section 13 – Payment

Unless otherwise agreed, amounts due by the consumer must be paid within 7 working days of the start of the withdrawal period referred to in Section 6(1). In the case of a contract to provide a service, this period begins once the consumer has received confirmation of the agreement.

The consumer has a duty to report any inaccuracies in payment details provided or stated to the trader without delay.

If the consumer fails to meet their payment obligations, and subject to legal restrictions, the trader has the right to charge reasonable costs previously made known to the consumer.

Section 14 – Complaints Procedure

Complaints about the performance of the contract must be submitted to the trader fully and clearly described within 7 days after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within 30 days of receipt. If a complaint requires a foreseeable longer handling time, the trader shall respond within 30 days with a notice of receipt and an indication of when the consumer can expect a more detailed reply.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the trader’s obligations, unless the trader indicates otherwise in writing.

If a complaint is found to be valid by the trader, the trader shall, at their discretion, replace or repair the delivered products free of charge.

Section 15 – Disputes

Contracts between the trader and the consumer to which these terms and conditions apply are exclusively governed by the laws of England and Wales, even if the consumer resides abroad.