TERMS & CONDITIONS
Terms and Conditions
This website is operated by TOBE LONDON. Throughout the site, the terms "we," "us," and "our" refer to TOBE LONDON. TOBE LONDON offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you participate in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, but not limited to, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.
Article 1 – Definitions
For the purposes of these terms, the following definitions apply:
- Cooling-Off Period: The period within which the consumer can exercise their right of withdrawal.
- Consumer: A natural person who is not acting in the exercise of a profession or business and who enters into a remote agreement with the entrepreneur.
- Day: Calendar day.
- Long-Term Transaction: A remote agreement regarding a series of products and/or services, with obligations that are spread over time.
- Durable Data Carrier: Any device that allows the consumer or entrepreneur to store information addressed to them personally, in a way that enables future reference and unaltered reproduction of the stored information.
- Right of Withdrawal: The option for the consumer to opt out of the remote agreement within the cooling-off period.
- Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
- Remote Agreement: An agreement in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, only one or more means of distance communication are used.
- Means of Distance Communication: Any tool that can be used for entering into an agreement, without the consumer and the entrepreneur being physically present in the same space simultaneously.
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General Terms and Conditions: The current General Terms and Conditions of the entrepreneur
Article 2 – Identity of the Entrepreneur
- Email Address: info@tobe-london.uk
- Company Name: TOBE LONDON
- Business Registration Number: 95281614
- Address: Zoekerveldweg 2, 7582PS
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to any remote agreement or order established between the entrepreneur and the consumer. Before a remote agreement 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 remote agreement is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent free of charge to the consumer upon request.
If the remote agreement is concluded electronically, then contrary to the previous paragraph, these general terms and conditions may be made available to the consumer electronically in such a way that they can be easily stored on a durable data carrier by the consumer. If this is not reasonably possible, it will be indicated before the remote agreement is concluded where the general terms and conditions can be accessed electronically, and that they will be sent free of charge to the consumer electronically or by other means upon request.
If specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly. In the event of conflicting terms, the provision most favorable to the consumer shall apply.
If one or more provisions in these terms and conditions are at any time entirely or partially nullified or annulled, the agreement and these terms and conditions will remain in effect, and the relevant provision will be replaced by a provision that approximates the intent of the original as closely as possible.
Situations not covered by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions. Any ambiguities about the interpretation or content of one or more provisions of our terms should be interpreted in line with the spirit of these terms.
Article 4 – The Offer
If an offer has a limited validity 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 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 make a good assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications, and information in the offer are indicative and cannot give rise to compensation or the termination of the agreement. Product images provide a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors 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 accepting the offer. This particularly concerns:
- the price, excluding clearance fees and import VAT. These additional costs will be the responsibility and risk of the customer. The postal or courier service will apply the special scheme for postal and courier services in relation to imports. This scheme applies if the goods are imported into the EU destination country. The postal or courier service will collect VAT (and possibly clearance fees) from the recipient;
- any shipping costs;
- the way in which the agreement will be established and the actions required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and execution of the agreement;
- the period for accepting the offer or the period during which the entrepreneur guarantees the price;
- the rate for remote communication if the costs are based on a different rate than the standard basic rate for the communication method used;
- whether the agreement will be archived after it is concluded, 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 information they have provided for the agreement before it is concluded;
- the other languages, if any, in which the agreement can be concluded in addition to English;
- the codes of conduct to which the entrepreneur has committed, and how the consumer can consult these codes electronically;
- and the minimum duration of the remote agreement in the case of a long-term transaction.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the specified conditions. If the consumer accepts the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. As long as 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 organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may—within legal boundaries—investigate whether the consumer can meet their payment obligations, as well as any other relevant facts necessary for a responsible remote agreement. If the entrepreneur has sound reasons not to enter into the agreement based on this investigation, they are entitled to refuse an order or request or to impose special conditions for its execution.
The entrepreneur will provide the following information to the consumer, in writing or in a way that the consumer can store it on a durable medium:
- the address of the entrepreneur’s business location where the consumer can direct complaints;
- the conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
- information about guarantees and available services after purchase;
- the data included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before executing the agreement;
- the requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provisions in the previous paragraph apply only to the first delivery. Every agreement is made under the suspensive condition of sufficient availability of the ordered products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This reflection period starts on the day after the consumer, or a representative designated by the consumer and made known to the entrepreneur, receives the product.
During the reflection period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product, including all supplied accessories, in its original condition and packaging, if reasonably possible, according to the entrepreneur’s reasonable and clear instructions.
If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer should communicate this via a written message/email. After the consumer has indicated they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the product was returned on time, for example, with proof of shipment.
If the consumer has not notified the entrepreneur of their intention to exercise the right of withdrawal or has not returned the product after the periods mentioned in paragraphs 2 and 3, the purchase becomes final.
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 made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is conditional on the product having been received by the retailer or that conclusive proof of complete return has been provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the agreement is concluded.
Exclusion of the right of withdrawal is only possible for products that:
- have been made by the entrepreneur according to the consumer’s specifications;
- are clearly personal in nature;
- cannot be returned due to their nature;
- can spoil or age quickly;
- have a price linked to fluctuations on the financial market that the entrepreneur cannot influence;
- are single newspapers or magazines;
- are audio and video recordings or computer software where the consumer has broken the seal;
- are hygiene products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, catering, or leisure activities to be provided on a specific date or within a specific period;
- where the consumer has expressly agreed to the service starting before the reflection period has ended;
- concerning bets and lotteries.
Article 9 – The Price
For the duration specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations on the financial market, which the entrepreneur cannot influence. This dependence on fluctuations and the fact that any listed prices are indicative will be stated in the offer.
Price increases within 3 months after the agreement is concluded are only allowed if they are the result of legal regulations or provisions. Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
- they are the result of legal regulations or provisions; or
- the consumer has the right to cancel the agreement starting from the day the price increase takes effect.
The place of delivery is determined by the first paragraph of Article 5 of the Sales Tax Act 1968 and takes place in the country where the transportation begins. In this case, the delivery is outside the EU. Consequently, the postal or courier service will collect import VAT and/or clearance fees from the customer. Therefore, the entrepreneur will not charge VAT.
All prices are subject to printing and typing errors. The entrepreneur accepts no liability for the consequences of printing and typing errors. In the case of printing or typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services meet the agreement, the specifications mentioned in the offer, the reasonable requirements of quality and/or suitability, and the applicable legal provisions and/or government regulations at the time the agreement is concluded.
Unless otherwise agreed, the entrepreneur also guarantees that the product is suitable for any other use than its normal use.
Any guarantee provided by the entrepreneur, manufacturer, or importer does not affect the consumer's statutory rights and claims that can be made under the agreement with the entrepreneur.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. The return of products must be done in the original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual use 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 themselves or has had them repaired and/or modified by third parties;
- the delivered products have been exposed to abnormal conditions, handled carelessly, or treated contrary to the entrepreneur’s instructions and/or the treatment instructions on the packaging;
- the defect is wholly or partly the result of regulations set or to be set by the government regarding the nature or quality of the applied materials.
Article 11 – Delivery and Execution
The entrepreneur will exercise the utmost care when receiving and executing orders for products.
In accordance with the provisions of Article 4 of these terms, the entrepreneur will execute accepted orders without delay but at the latest within 30 days, unless the consumer agrees to a longer delivery period.
If there is a delay in delivery, or if an order can only be partially fulfilled, the consumer will be informed within 30 days after placing the order. In this case, the consumer has the right to cancel the agreement without cost and is entitled to compensation.
If the agreement is canceled according to the previous paragraph, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than 14 days after cancellation.
If the delivery of an ordered product is impossible, the entrepreneur will make an effort to provide a replacement item. Upon delivery, it will be clearly and understandably indicated that a replacement product is being delivered.
For replacement products, the right of withdrawal cannot be excluded. The costs for any return shipment will be borne by the entrepreneur.
The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a representative designated and known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 – Long-Term Transactions: Duration, Cancellation, and Extension
Cancellation The consumer can cancel an agreement that has been entered into for an indefinite period and that involves the regular delivery of products (including electricity) or services, at any time, observing any agreed-upon cancellation rules and a notice period of no more than one month.
The consumer can also cancel an agreement that has been entered into for a fixed period and involves the regular delivery of products (including electricity) or services, at any time, at the end of the fixed period, observing any agreed-upon cancellation rules and a notice period of no more than one month.
The consumer can cancel the agreements mentioned in the previous paragraphs:
- at any time and is not limited to cancellation at a specific time or during a certain period;
- at least in the same manner as the agreement was entered into;
- always with the same notice period as the entrepreneur has set for themselves.
Extension An agreement entered into for a fixed period and involving the regular delivery of products (including electricity) or services, may not be extended or renewed automatically for a specified duration.
However, an agreement entered into for a fixed period and involving the regular delivery of daily, news, and weekly newspapers, or magazines, may be extended automatically for a fixed duration of up to three months, if the consumer can cancel this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement entered into for a fixed period and involving the regular delivery of products or services can only be automatically extended for an indefinite period if the consumer can cancel 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 agreements for the regular but less-than-monthly delivery of daily, news, and weekly newspapers or magazines.
An agreement with a limited duration for the regular trial delivery of daily, news, and weekly newspapers or magazines (trial or introductory subscription) will not be automatically extended and will end automatically after the trial or introductory period.
Duration If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the agreed period ends.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 days after the reflection period begins, as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins once the consumer has received confirmation of the agreement.
The consumer has the obligation to promptly notify the entrepreneur of any inaccuracies in the provided or stated payment details.
In the event of non-payment by the consumer, the entrepreneur, subject to legal limitations, has the right to charge reasonable costs that have been communicated to the consumer in advance.
Article 14 – Complaints Procedure
Complaints regarding the execution of the agreement must be submitted to the entrepreneur fully and clearly within 7 days after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will acknowledge receipt within 14 days and provide an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution process.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur has explicitly stated otherwise in writing.
If the complaint is deemed justified by the entrepreneur, they will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Only Canadian law applies to agreements between the entrepreneur and the consumer to which these terms and conditions apply. This also applies if the consumer resides abroad.
Article 16 – Contact Information
Questions about the Terms of Service can be sent to us via info@tobe-london.uk