Terms of conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise their right of withdrawal.

Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur.

Day: calendar day.

Continuous transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is 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 unaltered 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 to consumers at a distance.

Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, whereby up to and including the conclusion of the contract exclusive use is made of one or more means of distance communication.

Means of distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same space.

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

Article 2 – Identity of the Entrepreneur

Company name: Social Elevation
Business address: Betuwe 108, Utrecht
Email: info@olivia-londen.com
Chamber of Commerce number: 96148098
VAT identification number: NL005190894B40

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Prior to the conclusion of the distance contract, 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 conclusion of the distance contract where the terms and conditions can be consulted and that they will be sent free of charge upon request.

If the distance contract is concluded electronically, then, contrary to paragraph 2, the text of these general terms and conditions may be made available electronically in such a way that the consumer can easily store them on a durable medium.

If specific product or service conditions also apply in addition to these general terms and conditions, paragraphs 2 and 3 apply accordingly, and in the event of conflicting provisions, the consumer may rely on the provision that is most favorable to them.

If one or more provisions of these terms and conditions are wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force, and the provision concerned will be replaced by a provision that most closely approximates the intent of the original provision.

Situations not regulated in these terms and conditions and ambiguities regarding the interpretation of provisions will be assessed and interpreted in accordance with the spirit of these terms and conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated.

The offer is without obligation. Olivia Londen is entitled to amend and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered, sufficiently detailed to allow the consumer to make a proper assessment. Images are a true representation; obvious mistakes or errors do not bind the entrepreneur.

All images, specifications, and data are indicative and cannot give rise to compensation or termination. Olivia Londen cannot guarantee that displayed colors exactly match the actual colors of the products.

The offer clearly states the rights and obligations associated with acceptance, in particular:

  • the price, excluding customs clearance costs and import VAT (these additional costs and any amounts charged by postal or courier services are borne by the recipient);

  • any shipping costs;

  • the manner in which the contract is concluded and the actions required for this;

  • whether or not the right of withdrawal applies;

  • the method of payment, delivery, and performance;

  • the period for acceptance of the offer or the period during which the price is guaranteed;

  • the rate for distance communication if it differs from the basic rate;

  • whether the contract is archived and, if so, how it can be accessed by the consumer;

  • the way in which the consumer can check and correct the data provided before concluding the contract;

  • any languages other than Dutch in which the contract is available;

  • the codes of conduct to which Olivia Londen is subject and how they can be consulted electronically;

  • the minimum duration of a continuous transaction;

  • (optional) available sizes, colors, and materials.

Article 5 – The Contract

The contract is concluded at the moment the consumer accepts the offer and complies with the conditions set forth therein.

If the consumer has accepted the offer electronically, Olivia Londen will promptly confirm receipt of acceptance electronically. As long as this receipt has not been confirmed, the consumer may dissolve the contract.

For electronically concluded contracts, Olivia Londen will take appropriate technical and organizational measures to secure electronic data transmission and ensure a safe web environment. Appropriate security measures will be observed for electronic payments.

Olivia Londen may, within legal frameworks, investigate whether the consumer can meet their payment obligations and all facts and factors relevant to responsibly entering into the contract. If justified grounds exist, Olivia Londen may refuse an order or attach special conditions.

Olivia Londen will provide the following information with the product or service (in writing or on a durable electronic medium):

  • the visiting address where the consumer can submit complaints;

  • the conditions and method for exercising the right of withdrawal, or a clear statement if it is excluded;

  • information on warranties and existing after-sales service;

  • the information referred to in Article 4 paragraph 5 (if not already provided);

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

In the case of a continuous transaction, paragraph 5 applies only to the first delivery.

All contracts are concluded subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the contract within 14 days without giving any reason. The period commences on the day after receipt of the product by the consumer or a representative designated by the consumer.

During the cooling-off period, the consumer shall handle the product and packaging with care and may only unpack or use it to the extent necessary to establish the nature, characteristics, and functioning of the product. In the event of withdrawal, the consumer shall return the product with all accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by Olivia Londen.

The consumer must notify Olivia Londen in writing (by email) within 14 days of receipt that they are exercising the right of withdrawal and must then return the product within 14 days. The consumer bears the burden of proof for timely return, for example by means of a shipping receipt.

If the consumer does not withdraw or return the product in time, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the right of withdrawal is exercised, the costs of return shipment shall be borne by the consumer.

Amounts already paid will be refunded by Olivia Londen as soon as possible, but no later than 14 days after withdrawal, provided that the product has been received or the consumer has submitted conclusive proof of full return.

Article 8 – Exclusion of the Right of Withdrawal

Olivia Londen may exclude the right of withdrawal for products or services as listed below, provided this is clearly stated in the offer or at least in good time before the conclusion of the contract.

Exclusion is possible for products:

  • manufactured according to the consumer’s specifications;

  • clearly personalized in nature;

  • which by their nature cannot be returned;

  • which deteriorate or expire quickly;

  • whose price is subject to fluctuations in the financial market over which Olivia Londen has no influence;

  • single newspapers and magazines;

  • audio and video recordings and computer software where the seal has been broken;

  • hygienic products where the seal has been broken.

Exclusion is possible for services:

  • relating to accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specific period;

  • where performance has begun with the consumer’s explicit consent before the end of the cooling-off period;

  • relating to betting and lotteries.

Article 9 – The Price

During the period of validity stated in the offer, prices of the products and/or services offered will not be increased, except for changes resulting from amendments to VAT rates.

Contrary to paragraph 1, Olivia Londen may offer products or services whose prices are subject to fluctuations in the financial market over which Olivia Londen has no influence, at variable prices. In such cases, it will be stated that the prices listed are indicative.

Price increases within three months after concluding the contract are only permitted if they result from statutory regulations or provisions.

Price increases from three months after concluding the contract are only permitted if agreed and:

  • they result from statutory regulations or provisions; or

  • the consumer is entitled to terminate the contract with effect from the day the price increase takes effect.

In accordance with Article 5 paragraph 1 of the Dutch Turnover Tax Act 1968, the place of delivery is the country where transport commences. Delivery takes place outside the EU. Upon import, import VAT and/or customs clearance costs will be charged to the recipient by the postal or courier service. Olivia Londen therefore does not charge VAT.

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

Article 10 – Conformity and Warranty

Olivia Londen guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the legal provisions and regulations applicable on the date the contract is concluded. If agreed, Olivia Londen also guarantees that the product is suitable for purposes other than normal use.

Any warranty provided by Olivia Londen, the manufacturer, or importer does not affect the statutory rights and claims of the consumer.

Any defects or incorrectly delivered products must be reported in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The warranty period of Olivia Londen corresponds to the manufacturer’s warranty period. Olivia Londen is never responsible for the ultimate suitability of the products for individual applications by the consumer, nor for advice regarding the use or application of the products.

The warranty becomes void if:

  • the consumer has repaired or modified the products themselves or had this done by third parties;

  • the products have been exposed to abnormal conditions, handled carelessly, or used contrary to instructions;

  • the defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

Olivia Londen will exercise the greatest possible care in receiving and fulfilling orders.

The place of delivery is the address provided by the consumer to Olivia Londen.

Orders will be executed as soon as possible, but no later than 30 days, unless a longer delivery period has been agreed. If delivery is delayed or cannot be carried out (in full), the consumer will be notified no later than 30 days after placing the order. In such cases, the consumer is entitled to terminate the contract free of charge and is entitled to a refund within 14 days.

If delivery of an ordered product proves impossible, Olivia Londen will endeavor to provide a replacement product. This will be clearly stated when a replacement product is delivered. Return costs for replacement are borne by Olivia Londen.

The risk of damage and/or loss of products rests with Olivia Londen until the moment of delivery to the consumer or their representative, unless explicitly agreed otherwise.

Article 12 – Continuous Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement for an indefinite period that provides for the regular delivery of products or services at any time, subject to a notice period of no more than one month.

The consumer may terminate a fixed-term agreement that provides for the regular delivery of products or services at the end of the fixed term, subject to a notice period of no more than one month.

The consumer may always terminate the agreements referred to in paragraphs 1 and 2:

  • at any time and not limited to a specific date or period;

  • in the same manner as they were entered into;

  • with the same notice period as Olivia Londen has stipulated for itself.

Renewal

A fixed-term agreement may not be tacitly extended or renewed, except for:

  • subscriptions to daily, news, and weekly newspapers, which may be tacitly renewed for a maximum of three months, with a notice period of one month;

  • agreements tacitly extended for an indefinite period, where the consumer may terminate at any time with a notice period of no more than one month (or three months if delivery takes place less than once per month).

Trial or introductory subscriptions automatically end after the agreed period.

Duration

If an agreement lasts longer than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the cooling-off period commences (Article 6 paragraph 1). For services, this period begins after confirmation of the agreement.

The consumer is obliged to report inaccuracies in provided or stated payment details without delay.

In the event of non-payment, Olivia Londen is entitled, subject to statutory limitations, to charge reasonable collection costs.

Article 14 – Complaints Procedure

Complaints regarding the performance of the agreement must be submitted to Olivia Londen in writing, fully and clearly described, within 7 days after discovery.

Within 14 days of receipt of the complaint, the consumer will receive a response. If handling requires more time, the consumer will receive an acknowledgment of receipt within 14 days with an indication of the expected timeframe.

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 consumer’s obligations unless Olivia Londen states otherwise in writing.

If a complaint is found to be justified, Olivia Londen will, at its discretion, replace or repair the products free of charge.

Article 15 – Disputes

Agreements between Olivia Londen and the consumer to which these terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP

In connection with measures introduced as of 2024 relating to the Amendment of the Turnover Tax Act 1968 (implementation of the Payment Services Directive) and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may record data in the European CESOP system.

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