Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  • Cancellation period: The period within which the consumer can exercise their right of cancellation.
  • Consumer: A natural person not acting in the course of a business or profession, who enters into a distance sales contract with the entrepreneur.
  • Day: Calendar day.
  • Ongoing contract: A distance contract involving a series of products and/or services, with obligations spread over a certain period.
  • Durable medium: Any device that allows the consumer or entrepreneur to store information directed personally to them in a way that enables future reference and unaltered reproduction of the information.
  • Right of cancellation: The option for the consumer to terminate the distance contract within the cooling-off period.
  • Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
  • Distance contract: An agreement that is concluded within a system organized by the entrepreneur for distance sales, using one or more means of remote communication until the contract is finalized.
  • Remote communication technology: Methods used to conclude a contract where the entrepreneur and consumer are not physically present at the same time.
  • General terms and conditions: The current general terms and conditions of the entrepreneur.

Article 3 - Applicability

These general terms and conditions govern every offer made by the entrepreneur and apply to all distance contracts and orders between the entrepreneur and the consumer.

Before entering into a distance contract, the consumer will receive a copy of these general terms and conditions. If providing a physical copy is not feasible, the consumer will be informed where the terms can be accessed and that a free copy will be provided upon request.

For contracts concluded electronically, the general terms and conditions will be made available in a way that allows the consumer to store them for future reference. If this is not possible, the consumer will be informed where they can review the terms online and that a free copy will be sent upon request.

If additional terms apply to specific products or services, the rules outlined in paragraphs 2 and 3 also apply. In the case of conflicting provisions, the consumer has the right to rely on the most favorable condition.

If any provision in these terms is deemed invalid or unenforceable, the remainder of the agreement remains valid, and the voided provision will be replaced with a legally acceptable alternative that aligns as closely as possible with the original intent.

Any situations not explicitly covered by these terms will be interpreted in accordance with their overall intent.

If any ambiguities arise in the interpretation of these terms and conditions, they will be clarified in line with their intended purpose.


Article 4 - The Offer

If an offer is available for a limited time or under specific conditions, this will be clearly stated.

The entrepreneur reserves the right to modify or withdraw the offer at any time, as it is non-binding.

All products and services included in the offer are described in detail to enable consumers to make an informed decision. If images are used, they should accurately depict the product or service offered. However, any obvious mistakes or errors in the offer do not obligate the entrepreneur.

The images, specifications, and other details provided are intended as a general representation and do not give the consumer grounds for compensation or contract termination.

While product images aim to provide a true representation, variations in color may occur due to display differences, and the entrepreneur cannot guarantee exact color matching.

Each offer will specify the essential details consumers need to understand before accepting, including:

  • Any applicable shipping costs
  • The steps required to conclude the contract
  • Whether the right of cancellation applies
  • Payment methods and delivery details
  • The validity period of the offer or price guarantee
  • Potential communication costs for distance sales (if applicable)
  • Whether the contract will be stored and how the consumer can access it
  • How the consumer can check and correct order details before finalizing
  • Available languages for concluding the contract
  • Any industry codes of conduct the entrepreneur follows and where they can be reviewed
  • The minimum duration of a contract if it involves recurring purchases
  • Information on available sizes, colors, and material choices if applicable

Article 5 - The Agreement

A contract is established when the consumer accepts the offer and fulfills the stated conditions, except when exceptions apply as mentioned in paragraph 4.

For electronic agreements, the entrepreneur will immediately confirm receipt of the consumer’s acceptance. Until this confirmation is received, the consumer has the right to cancel the agreement.

To ensure secure transactions, the entrepreneur implements appropriate security measures for electronic contracts and payment processing.

The entrepreneur reserves the right to verify whether the consumer can meet financial obligations and to gather relevant information for assessing the transaction. Based on this assessment, the entrepreneur may refuse an order or impose special conditions.

After concluding the contract, the entrepreneur will provide the consumer with written or digital documentation containing:

  • The business address for submitting complaints
  • Conditions and procedures for cancellation, or a statement if cancellation is not allowed
  • Warranty terms and details of post-purchase services
  • The information outlined in Article 4, paragraph 3, unless already shared
  • The cancellation terms if the contract has an indefinite or long-term duration

For continuous service contracts, these details will only be provided after the first delivery.

Contracts are concluded under the condition that sufficient stock is available.


Article 6 - Right of Cancellation

Consumers have the right to withdraw from a purchase within 14 days of receiving the product, without stating a reason. This period begins on the day the consumer receives the item or when an authorized representative does so on their behalf.

During this time, consumers should handle the product and packaging with care, only using it as necessary to determine if they wish to keep it. If they choose to cancel, the product must be returned in its original condition and packaging, along with any accessories, following the provided return instructions.

To exercise the right of cancellation, the consumer must notify the entrepreneur within 14 days of receiving the product, either in writing or via email. After submitting the request, the consumer has another 14 days to return the product and must provide proof of shipment, such as a tracking receipt.

If the consumer does not notify the entrepreneur within the required period or fails to return the item, the purchase becomes final.


Article 7 - Costs in Case of Cancellation

If the consumer has already made a payment, the entrepreneur will process a refund as soon as possible, no later than 30 days after the cancellation, provided that the returned product has been received or the consumer has supplied proof of return.


Article 8 - Exclusion of the Right of Cancellation

The right of cancellation may not apply to certain products or services, as outlined in paragraphs 2 and 3. The entrepreneur must clearly state this exclusion in the offer or at the latest before the contract is finalized.

The right of cancellation is not available for:

  • Custom-made products tailored to the consumer’s specifications
  • Items that are clearly intended for personal use
  • Products that, by nature, cannot be returned
  • Perishable or short-lived items
  • Products subject to price fluctuations outside the entrepreneur’s control
  • Single-issue newspapers or magazines
  • Unsealed audio, video recordings, or software
  • Hygiene products once their seal has been broken

The right of cancellation may also be excluded for services related to:

  • Accommodation, transport, catering, or leisure activities booked for a specific date or period
  • Services that have already begun with the consumer’s explicit consent before the cancellation period expired
  • Gambling and lottery-related transactions

Article 9 - The Price

Prices listed in offers remain valid for the period stated unless changes in VAT rates require adjustments.

Despite this, certain products or services may be subject to price variations based on market fluctuations beyond the entrepreneur’s control. When applicable, such offers will indicate that prices are subject to change.

Price increases within three months of concluding the contract are only allowed if mandated by law.

Price changes occurring more than three months after the agreement was made are only valid if:

  • They are the result of new legal regulations
  • The consumer is permitted to terminate the contract if they disagree with the increase

Article 10 - Compliance and Warranty

The entrepreneur ensures that the products and services meet the terms of the contract, the specifications stated in the offer, and reasonable usability and reliability standards. Additionally, all applicable laws and regulations in effect at the time of agreement formation are adhered to. If specifically agreed upon, the product must also be suitable for any special purpose beyond its usual function.

Any warranties provided by the entrepreneur, manufacturer, or importer do not affect the consumer’s legal rights under the agreement.

The consumer must notify the entrepreneur in writing of any defective or incorrectly delivered products within 30 days of receiving them. Returns should be in their original packaging and in an unused condition.

The warranty period provided by the entrepreneur corresponds with that of the manufacturer. However, the entrepreneur is not responsible for ensuring that the product meets the consumer’s specific needs or for any advice given on its usage or application.

The warranty does not cover:

  • Products that have been altered or repaired by the consumer or third parties.
  • Products that have been subjected to improper use, neglect, or mishandling, contrary to the entrepreneur’s instructions.
  • Defects resulting from government regulations regarding the materials or components used.

Article 11 - Delivery and Execution

The entrepreneur will take great care in processing and fulfilling product orders.

Deliveries will be made to the address specified by the consumer.

Unless otherwise stated in Article 4 of these terms, the entrepreneur will endeavor to fulfill orders as promptly as possible, ensuring delivery within a maximum of 30 days unless a longer timeframe has been agreed upon. If a delay occurs or an order cannot be fulfilled (partially or entirely), the consumer will be informed within 30 days of placing the order. In such cases, the consumer has the right to cancel the order at no additional cost and may claim a refund.

In case of cancellation due to a delay, the entrepreneur will refund any amount paid within 30 days.

If a product becomes unavailable, the entrepreneur may offer a replacement item. The consumer will be informed of this at the time of delivery. The right of withdrawal remains applicable to replacement items, and any return shipping costs will be borne by the entrepreneur.

The risk of product damage or loss remains with the entrepreneur until the item has been delivered to the consumer or an authorized representative, unless otherwise agreed.


Article 12 - Duration Contracts: Termination and Renewal

Termination

  • Consumers may terminate an indefinite-term contract for the recurring supply of products (including electricity) or services at any time, with a notice period of no more than one month.
  • Fixed-term contracts for the recurring supply of goods or services may be terminated at the end of the contract duration, with a notice period not exceeding one month.
  • The consumer has the right to:
    • Terminate an agreement at any time without being restricted to specific termination dates.
    • Cancel in the same manner in which the agreement was originally established.
    • Use the same notice period as the entrepreneur has imposed for termination.

Renewal

  • Fixed-term contracts for recurring deliveries of goods or services cannot be automatically extended for a fixed period.
  • However, contracts for daily or weekly newspapers and magazines may be renewed for up to three months, provided that the consumer can cancel at the end of this extension with a one-month notice period.
  • Contracts for ongoing deliveries of products or services may only be automatically renewed for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month, or a maximum of three months for newspaper and magazine subscriptions occurring less than once a month.
  • Introductory newspaper and magazine subscriptions (trial or promotional offers) will not be automatically extended and will terminate at the end of the agreed period.

Contract Duration

If a contract extends beyond one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless early termination would be deemed unreasonable given the nature of the agreement.


Article 13 - Payment

  • Unless otherwise agreed, payments must be made within seven working days after the start of the reflection period outlined in Article 6(1). For service contracts, this period begins upon receipt of the agreement confirmation by the consumer.
  • Consumers are required to notify the entrepreneur immediately if they notice any discrepancies in the provided payment information.
  • If the consumer fails to make a payment, the entrepreneur is entitled to charge reasonable costs for collection, provided that these charges were communicated in advance.

Article 14 - Complaint Procedure

  • Any complaints about the execution of the agreement must be submitted to the entrepreneur in a detailed and clear manner within seven days of discovering the issue.
  • The entrepreneur will respond to complaints within 30 days of receipt. If more time is required to resolve the issue, the entrepreneur will provide an estimated timeline for a complete response.
  • If a dispute cannot be resolved through mutual agreement, it may proceed to dispute resolution procedures.
  • Submitting a complaint does not relieve the consumer of their contractual obligations unless otherwise agreed in writing by the entrepreneur.
  • If a complaint is deemed valid, the entrepreneur will, at their discretion, either replace the defective product or repair it free of charge.

Article 15 - Disputes

All agreements between the entrepreneur and the consumer, to which these general terms and conditions apply, are exclusively governed by Dutch law, regardless of the consumer’s country of residence.


Article 16 - Protection Against PayPal Disputes and Chargebacks

Prevention of Dispute and Chargeback Abuse

The entrepreneur takes a proactive approach to minimize chargeback and dispute abuse by ensuring clear communication, responsive customer support, and accurate product descriptions. Reliable shipping methods with tracking information and transparent delivery timelines further help reduce risks associated with chargebacks and disputes.

Product Representation and Consumer Expectations

To prevent misunderstandings, the entrepreneur ensures that product descriptions and specifications are precise and detailed. Consumers receive comprehensive information about product features, specifications, and functionalities before purchase. Product images provide an accurate representation, and any potential variations, such as slight color differences or updates to product specifications, are clearly stated in the description.

Shipping and Delivery Policies

Products are shipped using reliable and trackable methods. In the event of lost or damaged shipments, the entrepreneur will promptly address the issue by either replacing the product or issuing a refund, provided the consumer reports the issue within the specified time frame.

Handling Cases of Undelivered Products

If a consumer claims that they have not received an order, the entrepreneur will investigate the matter by reviewing shipment records and tracking details. The entrepreneur is responsible for providing sufficient proof of shipment and delivery. If an order is deemed lost and cannot be recovered, the entrepreneur will compensate the consumer by either sending a replacement or issuing a full refund.

Product Mismatch with Description

If a consumer asserts that the delivered product does not match the advertised description, the entrepreneur will assess whether the product meets the agreed-upon specifications and reasonable consumer expectations. If a significant deviation is identified, impacting the usability of the product, the entrepreneur will offer the consumer the choice of either receiving a replacement or obtaining a refund.

Managing PayPal Disputes

In the event of a PayPal dispute, the entrepreneur will respond within PayPal’s designated timeframe and provide all relevant documentation, including order confirmations, shipping proof, and customer communications. The entrepreneur is committed to cooperating with PayPal to ensure a fair and reasonable resolution.

Chargebacks and Entrepreneur Protection

The entrepreneur reserves the right to take legal action against fraudulent chargebacks. If a consumer repeatedly misuses the chargeback process, the entrepreneur retains the right to refuse future transactions from that consumer.

Complaint Resolution Before Disputes

Before escalating a matter to PayPal, consumers are required to follow the complaint resolution process outlined in Article 14 of these terms and conditions. The entrepreneur will make every effort to resolve complaints amicably before a dispute is formally filed. If no mutual resolution is reached, the entrepreneur will take reasonable steps to ensure a fair outcome for both parties.

These measures are designed to safeguard both consumer rights and the entrepreneur’s business interests, preventing unfounded claims and disputes related to PayPal transactions.

By completing a purchase, you acknowledge and agree to these terms and conditions. If you do not accept these terms, you should refrain from making purchases on the website.

 

LAYLA FASHION UK

+31850604762
support@laylafashionuk.com

Oosterstraat 64, Stadskanaal,
Groningen, 9502EE, Netherlands

Customer Service Availability:
Monday - Friday: 9:00 AM - 6:00 PM
Saturday: 9:00 AM - 1:00 PM

We strive to respond to and resolve any questions or issues within 24 hours.