General Conditions
General Terms and Conditions
Article 1 — Definitions
In these general terms and conditions, the following definitions apply:
Cooling-Off Period: The period during which the consumer may exercise their right of cancellation (withdrawal).
Consumer: A natural person acting outside the scope of their trade, business, craft or profession who enters into a distance contract with the trader.
Day: Calendar day.
Long-Term Transaction: A distance contract for a series of products and/or services with delivery and/or purchase obligations spread over time.
Durable Medium: Any medium that allows the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of Cancellation: The consumer's right to withdraw from the distance contract during the cooling-off period, in accordance with the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013.
Distance Contract: An agreement concluded between the trader and the consumer under an organised distance sales or service-provision scheme, where one or more means of distance communication are used exclusively up to and including the conclusion of the contract.
Means of Distance Communication: Any means which may be used to conclude a contract without the consumer and trader being physically present in the same place at the same time.
General Terms and Conditions: The present general terms and conditions of the trader.
Article 2 — Identity of the Trader
85 Great Portland Street, London, W1W 7LT
Article 3 — Applicability
These general terms and conditions apply to every offer made by the trader, every distance contract, and every order concluded between the trader and the 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 not reasonably possible, it will be indicated before the conclusion of the distance contract that the general terms and conditions can be inspected at the trader's premises, and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, notwithstanding the previous paragraph, be made available to the consumer electronically in a way that the consumer can easily store on a durable medium. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the general terms and conditions can be consulted electronically.
Nothing in these terms and conditions affects the consumer's statutory rights under Irish law, including the Consumer Rights Act 2022.
Article 4 — The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The trader reserves the right to modify and adapt 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 properly assess the offer. If the trader uses images, these will be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.
All images, specifications and data included in the offer are indicative and cannot give rise to compensation or termination of the contract.
Product images are an accurate representation of the products offered, but the trader cannot guarantee that the displayed colours correspond exactly to the actual colours of the products.
Each offer contains information making clear to the consumer the rights and obligations involved in accepting the offer. This includes in particular: the total price inclusive of all taxes (VAT) where applicable; any additional delivery charges; how the contract will be concluded; the existence of the right of cancellation; the methods of payment, delivery and performance of the contract; and any other charges that may apply.
Article 5 — The Agreement
Subject to the provisions of Article 4, the contract takes effect when the consumer accepts the offer and fulfils the conditions stated in it.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance electronically. Until receipt of this confirmation has been acknowledged, the consumer may cancel the agreement.
If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to protect the electronic transfer of data and provide a secure online environment.
The trader may, within the limits of the law, investigate the consumer's ability to meet their payment obligations and any facts and circumstances relevant to responsibly concluding the distance contract. If, on the basis of this investigation, the trader has good reason not to enter into the agreement, the trader may refuse an order or request, or attach special conditions to its performance, providing reasons for the decision.
The trader will provide the following information with the product or service, in writing or in such a way that the consumer can store it on a durable medium:
- The address of the trader's premises where the consumer can lodge complaints.
- The conditions and procedure for exercising the right of cancellation, including the model cancellation form.
- Information on guarantees and after-sales services.
Article 6 — Right of Cancellation
When purchasing products, the consumer has the right to cancel the contract without giving any reason within a period of 14 days. This cooling-off period begins on the day after the consumer, or a third party designated by the consumer (other than the carrier), receives the product.
During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. If the consumer exercises the right of cancellation, they will return the product with all delivered accessories and, where reasonably possible, in its original condition and packaging.
If the consumer wishes to exercise the right of cancellation, they must inform the trader within 14 days of receiving the product by an unequivocal statement, such as a written message or email. The consumer may use the model cancellation form but is not obliged to do so. After notifying the trader, the consumer must return the product without undue delay and in any event within 14 days, and must be able to provide proof of return shipment.
Article 7 — Costs of Cancellation
If the consumer exercises the right of cancellation, the direct cost of returning the product will be borne by the consumer, provided the trader informed the consumer of this before the contract was concluded.
If the consumer has already made a payment, the trader will refund all payments received from the consumer, including standard delivery charges, without undue delay and in any event no later than 14 days after being informed of the cancellation. The trader may withhold the refund until the product has been received back, or until the consumer has supplied evidence of having sent the product back, whichever is earlier. The refund will be made using the same means of payment used by the consumer, unless the consumer expressly agrees otherwise.
Article 8 — Exclusion of the Right of Cancellation
The trader may exclude the right of cancellation for the following products, provided this is clearly stated in the offer or in good time before the contract is concluded:
- Products made to the consumer's specifications or clearly personalised.
- Products that are clearly of a personal nature.
- Products that, by their nature, cannot be returned.
- Products that are liable to deteriorate or expire rapidly.
- Products or services whose price depends on fluctuations in the financial market that cannot be controlled by the trader.
- Newspapers, periodicals or magazines, with the exception of subscription contracts.
- Sealed audio, video or computer software products whose seal has been broken after delivery.
- Sealed products which are not suitable for return for health protection or hygiene reasons and which have been unsealed after delivery.
Article 9 — Price
The prices of the products and/or services offered will not be increased during the validity period stated in the offer, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market beyond the trader's control, with variable prices. This link to fluctuations, and the fact that any prices quoted are target prices, will be clearly stated in the offer.
Price increases within three months of the conclusion of the agreement are only permitted if they result from statutory provisions. Price increases more than three months after the conclusion of the agreement are only permitted if stipulated in the contract and the consumer has the right to cancel the agreement with effect from the day the price increase takes effect.
All prices are stated in euro (€) and include VAT where applicable, unless stated otherwise.
Article 10 — Conformity and Warranty
The trader guarantees that the products and/or services conform to the contract, to the specifications stated in the offer, to reasonable requirements of soundness and usability, and to the statutory provisions and government regulations in force on the date the contract was concluded. In particular, goods supplied to consumers must be in conformity with the contract as required by the Consumer Rights Act 2022.
The consumer is asked to report any defects or incorrect deliveries to the trader in writing as soon as reasonably possible after discovery. This does not limit or affect the consumer's statutory rights and remedies under Irish law, which apply for the periods set out in legislation.
Any commercial warranty offered by the trader corresponds to the manufacturer's warranty period and is in addition to, and does not affect, the consumer's statutory rights. The trader is not responsible for the ultimate suitability of the product for each individual application by the consumer.
Article 11 — Delivery and Performance
The trader will take the greatest possible care when receiving and executing orders for products. The place of delivery is the address that the consumer has provided to the trader.
The trader will execute accepted orders with due diligence, and no later than 30 days after the contract is concluded, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled in part, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to cancel the contract without charge.
In the event of cancellation under the previous paragraph, the trader will refund the amount paid by the consumer without undue delay and in any event no later than 14 days after the cancellation.
The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or to a third party designated by the consumer.
Article 12 — Duration of Transactions: Termination and Extension
Termination: The consumer may terminate a contract concluded for an indefinite period at any time, subject to the agreed termination rules and a notice period not exceeding one month. The consumer may terminate a fixed-term contract at the end of the fixed term, subject to a notice period not exceeding one month.
Extension: A fixed-term contract for the regular delivery of products or services may not be automatically extended or renewed for a fixed term unless this has been explicitly agreed with the consumer.
Article 13 — Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days following the start of the cooling-off period. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
The consumer has the duty to notify the trader without delay of any inaccuracies in payment details provided or stated.
Article 14 — Complaints Procedure
Complaints about the performance of the agreement should be submitted to the trader, fully and clearly described, within a reasonable time after the consumer has discovered the issue.
Complaints submitted to the trader will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
If a complaint cannot be resolved, the consumer may contact the Competition and Consumer Protection Commission (CCPC) for information on their rights, or use the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr.
Article 15 — Disputes and Governing Law
Agreements between the trader and the consumer to which these general terms and conditions apply are governed by the laws of Ireland. This choice of law does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer is habitually resident.
Any disputes shall be subject to the jurisdiction of the courts of Ireland, without prejudice to the consumer's right to bring or defend proceedings in the courts of their place of residence where EU law so provides.