Terms and Conditions

Article 1 – Definitions

In these 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 does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Duration transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligations of which are spread over time;

Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;

Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, whereby one or more techniques for distance communication are exclusively used up to and including the conclusion of the contract;

Technique for distance communication: means that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same location simultaneously;

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

Article 2 – Identity of the entrepreneur

Company name: KBuy Services

Chamber of Commerce number: 94161909

Trade name: KBuy Services

VAT number: NL005069217B03

Customer service email: info@evelyncolondon.com

Company address: Arie Krijgsmanstraat 2, 3144RC Maassluis

Article 3 – Applicability

These general terms and conditions apply to every offer by the entrepreneur and to every distance contract and order concluded between the entrepreneur and 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 reasonably not possible, it will be indicated before the contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and will be sent free of charge at the consumer’s request as soon as possible.

If the distance contract is concluded electronically, contrary to the previous paragraph and before the contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer on a durable medium in an easy manner. If this is reasonably not possible, it will be indicated before the contract is concluded where the consumer can electronically access the terms and conditions and that they will be sent free of charge on request either electronically or otherwise.

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and in case of conflicting general terms and conditions, the consumer may always invoke the provision most favorable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the contract and these terms remain in effect for the rest, and the provision will be replaced promptly by a provision that approximates the original intent as closely as possible.

Situations not regulated by these general terms and conditions shall be assessed "according to the spirit" of these terms.

Ambiguities regarding the interpretation or content of one or more provisions shall be interpreted "according to the spirit" of these terms.

Article 4 – The offer

If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.

The offer is without obligation. The entrepreneur reserves the right to change and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services, detailed enough to allow a proper assessment by the consumer. If the entrepreneur uses images, these are truthful representations of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot lead to compensation or contract dissolution.

Product images are truthful representations. The entrepreneur cannot guarantee that displayed colors exactly match the actual product colors.

Each offer contains information making clear to the consumer what rights and obligations are connected to acceptance of the offer, in particular:

  • the price, excluding customs clearance costs and import VAT, which are at the customer's expense and risk;

  • shipping costs;

  • how the contract will be concluded and what actions are required;

  • whether the right of withdrawal applies;

  • payment, delivery, and execution methods;

  • offer validity or price guarantee period;

  • communication costs if charged above regular rates;

  • whether the contract is archived and how the consumer can access it;

  • how the consumer can verify and correct their provided data before concluding the contract;

  • any other languages in which the contract can be concluded besides Dutch;

  • the codes of conduct the entrepreneur adheres to and how the consumer can access these electronically;

  • the minimum duration of the contract in case of duration transactions.

Optional: available sizes, colors, types of materials.

Article 5 – The contract

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

If the consumer accepted the offer electronically, the entrepreneur will promptly confirm receipt electronically. Until this confirmation, the consumer can dissolve the contract.

If concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure data transmission and provides a safe web environment. If electronic payment is possible, appropriate security measures apply.

The entrepreneur may check if the consumer can meet payment obligations and has the right to refuse or attach conditions to an order if justified.

The entrepreneur will provide the consumer with, in writing or on a durable medium:

  • the entrepreneur's business address for complaints;

  • conditions and method to exercise the right of withdrawal or a clear notice if withdrawal does not apply;

  • warranty and after-sales service information;

  • information required in article 4 paragraph 3, unless already provided;

  • termination requirements if the contract duration is longer than one year or indefinite.

For duration transactions, this only applies to the first delivery.

All contracts are subject to sufficient availability of the products.

Article 6 – Right of withdrawal

When purchasing products, the consumer may dissolve the contract without reason within 30 days. The cooling-off period starts the day after the consumer or a designated representative receives the product.

During this period, the consumer must handle the product and packaging with care and only open or use the product as needed to assess whether they want to keep it. If exercising the right of withdrawal, the consumer must return the product with all accessories and, if reasonably possible, in original condition and packaging, following the entrepreneur’s clear instructions.

The consumer must notify the entrepreneur within 30 days after receipt if they want to withdraw, preferably by written notice/email. After notification, the consumer must return the product within 30 days, providing proof of timely return. The return can be made directly to the supplier in China.

If the consumer misses these deadlines, the purchase is final.

Article 7 – Costs of withdrawal

If the consumer exercises the right of withdrawal, return shipping costs are fully borne by the consumer, including costs for returning to the supplier in China.

If the consumer paid an amount, the entrepreneur will refund it within 30 days after withdrawal, provided the product is returned or proof of return is submitted.

Article 8 – Exclusion of right of withdrawal

The entrepreneur may exclude the right of withdrawal for certain products if this is clearly stated before the contract is concluded.

Exclusion applies only for products:

  • made according to consumer specifications;

  • clearly personal in nature;

  • that cannot be returned due to their nature;

  • that may quickly perish or expire;

  • with prices linked to financial market fluctuations beyond the entrepreneur's control;

  • loose newspapers and magazines;

  • audio/video recordings and software if the seal is broken;

  • hygienic products if the seal is broken.

Exclusion applies for services:

  • related to accommodation, transport, restaurant, or leisure on a specific date/period;

  • started with explicit consumer consent before cooling-off expires;

  • relating to bets and lotteries.

Article 9 – Price

Prices stated in the offer remain valid during the offer period, except for VAT changes.

Products/services with prices tied to financial market fluctuations may have variable prices; this will be stated.

Price increases within 3 months after the contract are only allowed if legally required.

Price increases after 3 months are allowed only if agreed and:

  • due to laws/regulations; or

  • the consumer may terminate the contract from the day the increase takes effect.

Place of delivery is where transport starts, which is outside the EU. Customs VAT and clearance costs will be charged to the customer by courier/post; no VAT is charged by the entrepreneur.

All prices are subject to printing errors; the entrepreneur is not liable and not obligated to deliver at erroneous prices.

Article 10 – Conformity and warranty

The entrepreneur guarantees that products/services comply with the contract, offer specifications, reasonable quality, usability, and applicable laws/regulations at contract date. If agreed, the entrepreneur also guarantees suitability for non-normal use.

Manufacturer or importer warranties do not affect consumer's statutory rights.

Defects or wrong deliveries must be reported in writing within 30 days after delivery. Returns must be in original packaging and condition.

Warranty equals factory warranty. The entrepreneur is not liable for suitability for individual use or advice.

Warranty does not apply if:

  • consumer or third parties repaired/modified the product;

  • products were exposed to abnormal conditions or misused against instructions;

  • defects result from government-imposed material requirements.

Article 11 – Delivery and execution

The entrepreneur will handle orders with the utmost care.

Delivery address is the one provided by the consumer.

Orders will be executed promptly but no later than 30 days, unless a longer period is agreed. Delays or partial fulfillment will be communicated within 30 days; consumer may then cancel free of charge and claim damages.

Upon cancellation, paid amounts will be refunded within 30 days.

If delivery is impossible, the entrepreneur will try to supply a replacement, clearly indicated at delivery. The right of withdrawal applies to.

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