Terms of service

Article 1 – Definitions

In these terms and conditions, the following terms shall be understood as follows:

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

• Consumer: the natural person not acting in the conduct of a profession or trade who enters into a distance contract with the entrepreneur;
  

• Day: calendar day;
  

• Continuous transaction: a distance contract concerning a series of products and/or services, the delivery and/or collection of which is spread over time;
  

• Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in such a way that it can be accessed in the future and reproduced unchanged;
  

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

• Entrepreneur: the natural person or legal entity offering products and/or services to consumers at a distance;
  

• Distance contract: an agreement concluded in the context of a system organized by the entrepreneur for the remote sale of products and/or services, up to and including the conclusion of the agreement, exclusively by means of one or more remote communication technologies;
  

• Remote communication technology: means that can be used to conclude an agreement without the consumer and entrepreneur meeting simultaneously in the same space;
  

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

Article 2 – Identity of the Entrepreneur

PIXO COMMERCE LLP
Company Number: OC453768

Address:
27, Old Gloucester Street
LONDON, WC1N 3AX
UNITED KINGDOM

Article 3 – Applicability

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

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably feasible, it shall be indicated before the conclusion of the contract that the terms and conditions can be viewed at the entrepreneur and that they will be provided free of charge upon request.

If the agreement is concluded electronically, the terms and conditions may, by way of exception, be made available electronically before the conclusion of the agreement in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably feasible, it shall be indicated before the conclusion of the contract where the terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise upon request.

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

If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms will continue to apply as a whole, and the provision in question will be promptly replaced by a provision that approximates the original as closely as possible.

Situations not regulated by these general terms and conditions shall be assessed in accordance with the spirit of these terms.

Ambiguities in the interpretation or content of one or more provisions of our terms shall be interpreted in accordance with the spirit of these terms.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify or adjust the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

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

Product images are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.

Each offer contains such information that the consumer is clearly aware of the rights and obligations connected to the acceptance of the offer. This includes in particular:

• the price, except for customs clearance costs and import VAT, which are at the customer’s expense and risk. The postal and/or courier service will use the special arrangement for postal and courier services regarding import. This applies when goods are imported into the destination EU country, as is the case here. The postal and/or courier service collects VAT (possibly together with customs clearance charges) from the recipient;
  

• any shipping costs;
  

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

• whether the right of withdrawal applies;
  

• the method of payment, delivery, and execution of the agreement;
  

• the period for acceptance of the offer or guarantee of price validity;
  

• the rate for remote communication if these costs are based on a basis other than the regular basic tariff;
  

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

• how the consumer can check and, if desired, correct data provided before concluding the agreement;
  

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

• the codes of conduct to which the entrepreneur has submitted and how these can be consulted electronically;
  

• the minimum duration of the distance contract in case of a continuous transaction.

• Optional: available sizes, colours, types of materials.

Article 5 – The Agreement

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

If the consumer has accepted the offer electronically, the entrepreneur shall confirm the receipt of the acceptance without delay electronically. Until receipt of this confirmation is acknowledged by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will implement appropriate technical and organisational measures to secure data transmission and ensure a secure web environment. If the consumer pays electronically, the entrepreneur will take appropriate security measures.

Within legal frameworks, the entrepreneur may investigate if the consumer can meet their payment obligations, as well as other relevant factors for responsibly entering into a distance contract. If, based on this investigation, valid grounds exist to refuse the contract, the entrepreneur may justifiably reject an order or request or attach special conditions.

Upon delivery of the product or service, the entrepreneur shall provide the following information in writing or in a manner accessible on a durable data carrier:

• the visiting address of the entrepreneur's office to which the consumer can direct complaints;
  

• the conditions and method by which the consumer can exercise the right of withdrawal, or a clear notice of its exclusion;
  

• information on warranty and after-sales service;
  

• the details listed in Article 4(3), unless already provided before contract execution;
  

• the requirements for termination of the agreement if it has a duration exceeding one year or is indefinite.

In the case of a continuous transaction, this provision applies only to the first delivery.

Each agreement is concluded under the suspensive condition of sufficient availability of the specified products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to cancel the agreement without giving reasons within 14 days. This cooling-off period begins on the day after receipt of the product by the consumer or a designated representative.

During this period, the consumer will handle the product and packaging carefully. They should only unpack or use the product to the extent necessary to determine whether they wish to retain it. If they exercise their right of withdrawal, they shall return the product with all accessories and, if reasonably possible, in the original condition and packaging, according to the entrepreneur’s reasonable and clear instructions.

If the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 14 days after receipt of the product via written notification or email. After notifying their intention, the consumer must return the product within 14 days. They must provide proof of timely return, such as proof of shipment.

If the consumer has not indicated their wish to withdraw or has not returned the product within the periods stated in paragraphs 2 and 3, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products are at their expense.

If the consumer has paid an amount, the entrepreneur shall reimburse it as soon as possible, but no later than 14 days after withdrawal, provided the product is received or proof of complete return is submitted.

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. Such exclusion applies only if clearly stated in the offer or in good time before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

• made according to consumer specifications;
  

• clearly personal;
  

• which cannot be returned due to their nature;
  

• that spoil quickly or age rapidly;
  

• the price of which depends on market fluctuations beyond the entrepreneur's control;
  

• individual newspapers and magazines;
  

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

• hygiene products whose seal has been broken. Exclusion of the right of withdrawal is only possible for services:
  

• concerning accommodation, transport, catering, or leisure activities at a specified date or during a specific period;
  

• where delivery has commenced with the consumer’s explicit consent before the cooling-off period has expired;
  

• related to gambling and lotteries.

Article 9 – Price

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

By way of exception, the entrepreneur may offer goods or services subject to market price fluctuations with variable prices. This shall be clearly stated in the offer.

Price increases within 3 months after conclusion of the agreement are only permitted if required by law.

Price increases after 3 months are only allowed if the entrepreneur reserved this right and either:

• they are due to legal or regulatory changes; or
  

• the consumer has the right to terminate the contract as of the price increase date.

The place of delivery is considered the destination country where the goods are delivered to the consumer. For deliveries from outside the European Union, import VAT and customs clearance fees may be charged by the postal or courier service upon receipt. These costs are the responsibility of the customer. Accordingly, no VAT will be charged by the entrepreneur at the time of purchase, unless otherwise stated.

All prices are subject to printing and typographical errors. No liability will be accepted for such errors. In the event of an obvious pricing error, the entrepreneur is not obliged to deliver the product at the incorrect price.

Any additional customs clearance fees, import duties, or local taxes are not included in the price and are to be borne by the customer.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products/services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and usability, and the legal regulations and government requirements in effect on the date of conclusion. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights the consumer may assert against the entrepreneur.

Any defects or incorrect deliveries must be reported in writing to the entrepreneur within 14 days after delivery. Returned products must be in their original packaging and in new condition.

The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application, nor for any advice regarding their use.

The warranty does not apply if:

• the consumer has repaired or modified the products themselves or had them repaired/modified by third parties;
  

• the delivered products have been exposed to abnormal circumstances, are treated carelessly, or contrary to the entrepreneur’s instructions or the packaging;
  

• the defect is wholly or partially caused by requirements imposed by the government regarding the nature or quality of materials used.

Article 11 – Delivery and Execution

The entrepreneur shall exercise the greatest care when receiving and executing orders.

The delivery location is the address provided by the consumer.

Subject to Article 4, accepted orders will be executed as soon as possible but no later than 30 days unless the consumer agrees to a longer delivery time. If delivery is delayed or cannot be fully executed, the consumer shall be notified within 30 days after placing the order. The consumer may then dissolve the agreement free of charge and is entitled to any compensation.

If the agreement is dissolved, the entrepreneur shall refund the paid amount as soon as possible but no later than 14 days after dissolution.

If delivery becomes impossible, the entrepreneur will endeavour to provide a replacement item. This will be clearly stated no later than at delivery. The right of withdrawal cannot be excluded for replacement items. Return costs are borne by the entrepreneur.

The risk of damage and/or loss of products remains with the entrepreneur until delivery to the consumer or their known representative, unless otherwise agreed.

Article 12 – Continuous Transactions: duration, termination and renewal

Termination

• Consumers can terminate an indefinite agreement concerning the regular supply of products (including electricity) or services at any time with up to one month's notice and subject to agreed conditions.
  

• Consumers can terminate a fixed-term agreement concerning regular delivery at the end of the term with up to one month's notice.

  
  Consumers may:
  

  • terminate at any time, not limited to specific times;
    

  • terminate in the same manner as the agreement was made;
    

  • always terminate subject to the same notice period as the entrepreneur.

   

Renewal

• A fixed-term agreement for regular supply may not be silently renewed.
  

• Exception: fixed-term subscriptions to newspapers or magazines may be silently renewed once for a maximum of three months, provided they can be terminated with one month’s notice.
  

• Contracts for regular delivery of products or services may be silently extended indefinitely only if the consumer may terminate at any time with one month’s notice (or up to three months’ notice for deliveries less than monthly).
  

• Trial subscriptions for newspapers or magazines do not renew silently and end automatically after the trial period.

Duration

If the agreement lasts more than one year, the consumer may terminate it at any time after one year with one month's notice, unless fairness and equity oppose early termination.

Article 13 – Payment

Unless otherwise agreed, payable amounts must be settled within 7 working days after the start of the cooling-off period (Article 6(1)). For service agreements, the period starts after the consumer receives confirmation of the agreement.

The consumer must immediately report any inaccuracies in payment details.

In case of consumer default, the entrepreneur may charge reasonable costs previously communicated to the consumer, subject to legal limits.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted clearly and fully described within 7 days of the consumer discovering the defects.

Complaints received by the entrepreneur will be answered within 14 days from receipt. If processing takes longer, the entrepreneur shall acknowledge receipt within 14 days and indicate when a detailed reply can be expected.

If the complaint cannot be resolved amicably, it becomes subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur’s obligations unless explicitly stated in writing.

If a complaint is found valid, the entrepreneur will replace or repair the products at no cost.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by United Kingdom law, even if the consumer resides outside the United Kingdom.