Terms and conditions

Article 1 - Definitions
In these general terms and conditions, the following definitions apply: Withdrawal period: the period during which the consumer may make use of his right of withdrawal; Consumer: the natural person who is not acting in the exercise of a profession or commercial activity and who concludes a distance contract with the contractor; Day: calendar day; Transaction with duration: a distance contract relating to a series of products and/or services for which the obligation to deliver and/or purchase extends over time; Durable data medium: any medium enabling the consumer or entrepreneur to store information addressed personally to them in such a way that they can consult it at a later date and reproduce it unaltered. Right of withdrawal: possibility for the consumer to withdraw from the distance contract during the cooling-off period; Contractor: natural or legal person offering products and/or services to consumers at a distance; Distance contract: agreement whereby, as part of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication; Means of distance communication: means which may be used for the conclusion of an agreement, without the consumer and the entrepreneur being in the same room at the same time; Means of distance communication: means which may be used for the conclusion of an agreement, without the consumer and the entrepreneur being in the same room at the same time; Means of distance communication: means which may be used for the conclusion of an agreement, without the consumer and the entrepreneur being in the same room at the same time; Means of distance communication: means which may be used for the conclusion of an agreement, without the consumer and the entrepreneur being in the same room at the same time; Distance contract: agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more distance communication techniques; Distance communication technique: means which may be used for the conclusion of an agreement, without the consumer and the entrepreneur being in the same room at the same time. General conditions: the present general conditions of the contractor.

Article 2 - Identity of the contractor
Company name: M&K Commerce
Commercial name: Le Flair
E-mail address: info@leflair.co.uk 
Chamber of Commerce number: 93700865
VAT number: NL866497353B01
Gorechtkade 66B 9713 CD in Groningen (No shop or visiting address)

Article 3 - Applicability
These general terms and conditions shall apply to all offers made by the trader and to all distance contracts and orders concluded between the trader and the consumer. Prior to the conclusion of the distance contract, the text of the
terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the conclusion of the distance contract that the general terms and conditions may be consulted at the trader's premises and shall be sent to the consumer free of charge as soon as possible at his request. If the distance contract is concluded by electronic means, contrary to the previous paragraph and prior to the conclusion of the distance contract, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that he can easily store them on a durable data medium. If this is not reasonably possible, it shall be indicated prior to the conclusion of the distance contract where the general terms and conditions may be consulted by electronic means and shall be sent free of charge by electronic means or otherwise at the consumer's request. Where, in addition to these general terms and conditions, conditions specific to the product or service apply, the second and third paragraphs shall apply mutatis mutandis and, in the event of a conflict between the general terms and conditions, the consumer may always rely on the applicable provision which is most favourable to him. If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or void, the contract and these general terms and conditions shall otherwise remain in force and the provision in question shall be replaced without delay and by mutual agreement by a provision which comes as close as possible to the meaning of the original provision. Situations not provided for in these General Terms and Conditions will be assessed ‘in the spirit’ of these General Terms and Conditions. Any doubts as to the interpretation or content of one or more provisions of our general terms and conditions shall be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this must be explicitly stated in the offer. The offer is not binding. The contractor has the right to modify and adapt the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to assess the offer correctly. If the entrepreneur uses images, these shall be a faithful representation of the products and/or services offered. Obvious or evident errors in the offer are not binding on the contractor. All images, specifications, data and information contained in the offer are indicative and may not constitute grounds for compensation or indemnification and may not constitute grounds for compensation or termination of the agreement. The images of the products are a faithful representation of the products offered. The contractor cannot guarantee that the colours shown correspond exactly to the actual colours of the products. Each offer contains information such that it is clear to the consumer what rights and obligations are associated with acceptance of the offer. This concerns in particular the price excluding taxes, any delivery costs, the manner in which the contract will be concluded and the actions required to that end, whether or not the right of withdrawal applies, the method of payment, delivery and performance of the contract, the deadline for acceptance of the offer or the period within which the trader guarantees the price, the level of the distance communication costs if the costs of using the distance communication technique are calculated on a basis other than the usual basic costs for the means of communication used, etc ; whether the contract will be archived after its conclusion and, if so, how the consumer can consult it; how the consumer can, before concluding the contract, check the information he has provided in connection with the contract and, if he so wishes, rectify it; the languages other than Dutch in which the contract can be concluded; the codes of conduct to which the trader has subscribed and the way in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the case of a fixed-term transaction. Optional: sizes available, colours, type of materials.

Article 5 - The contract
Without prejudice to paragraph 4, the contract comes into force when the consumer accepts the offer and fulfils the conditions set out in the offer. If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as the trader has not confirmed receipt of this acceptance, the consumer may terminate the contract. If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to protect the electronic transfer of data and to ensure a secure web environment. If the consumer can pay electronically, the entrepreneur must take appropriate security measures. The entrepreneur may, within the limits of the legal framework, verify whether the consumer is able to fulfil his payment obligations, as well as all facts and factors relevant to the justification of the distance agreement. If, on the basis of this investigation, the entrepreneur has good reason not to conclude the agreement, he has the right to refuse an order or request or to impose special conditions of performance, stating the reasons. The entrepreneur shall attach to the product or service supplied to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible form on a durable data carrier, in particular a. the address of the trader's office to which the consumer may lodge a complaint; b. the conditions and procedures for exercising the right of withdrawal by the consumer or, where appropriate, clear information on exemption from the right of withdrawal; c. information on existing guarantees and after-sales services; d. information on the right of withdrawal; e. information on the right of withdrawal; f. information on the right of withdrawal; g. information on the right of withdrawal; h. information on the right of withdrawal; i. information on the right of withdrawal; j. information on the right of withdrawal; k. information on the right of withdrawal; l. information on the right of withdrawal; l. information on the right of withdrawal; m. information on the right of withdrawal. The information referred to in Article 4(3) of these terms and conditions, unless the trader has already provided this information to the consumer prior to performance of the contract; l. the conditions for terminating the contract if it is for a period of more than one year or is open-ended. In the case of an open-ended transaction, the provision of the previous paragraph applies only to the first delivery. Each contract is concluded subject to sufficient availability of the products concerned.

Article 6 - Right of withdrawal
When purchasing products, the consumer has the option of withdrawing from the contract without giving any reason for a period of 14 days. This cooling-off period begins on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and brought to the attention of the contractor. During the cooling-off period, the consumer must handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to determine whether he wishes to keep it. If he exercises his right of withdrawal, he shall return the product to the contractor with all the accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the contractor. If the consumer wishes to exercise his right of withdrawal, he must inform the contractor within 14 days of receipt of the product. The consumer must do so in writing or by e-mail. Once the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of dispatch. If the customer has not expressed his wish to exercise his right of withdrawal or has not returned the product to the trader within the time limits mentioned in paragraphs 2 and 3, the purchase shall be deemed to have been concluded.

Article 7 - Costs in the event of withdrawal
If the consumer makes use of his right of withdrawal, the costs of returning the products shall be borne by him. If the consumer pays an amount, the contractor will reimburse the consumer as quickly as possible, at the latest within 14 days of the withdrawal. This is provided that the product has already been received by the entrepreneur or that conclusive proof of the complete return can be provided.

Article 8 - Exclusion of the right of withdrawal
The trader may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only be valid if the trader has clearly indicated this in the offer, or at least in good time before the conclusion of the contract. The exclusion of the right of withdrawal is only possible for products: a. which have been created by the trader in accordance with the consumer's specifications; b. which are clearly of a personal nature; c. which cannot be returned due to their nature; d. which deteriorate or age rapidly; e. the price of which is subject to fluctuations in the price of goods; f. the price of which is subject to fluctuations in the price of goods; g. the price of which is subject to fluctuations in the price of goods. whose price is subject to fluctuations in the price of the goods; e. whose price is subject to fluctuations in the financial market over which the trader has no influence; f. for loose newspapers and magazines; g. for audio and video recordings and computer software whose seal has been broken by the consumer; h. for sanitary products whose seal has been broken by the consumer. Exclusion of the right of withdrawal is only possible for services: a. relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period; b. for which delivery has begun with the consumer's express agreement before expiry of the cooling-off period; c. relating to betting and lotteries.

Article 9 - The price
During the period of validity indicated in the offer, the prices of the products and/or services offered may not be increased, with the exception of price changes due to changes in VAT rates. Contrary to the previous paragraph, the Contractor may offer products or services whose prices are subject to fluctuations in the financial market beyond the Contractor's control. This relationship with fluctuations and the fact that the prices quoted are target prices will be stated in the offer. Price increases within 3 months of the conclusion of the contract are only permitted if they result from a regulation or legal provision. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has so stipulated and: a. they are the result of regulations or legal provisions; or b. the consumer has the right to cancel the contract on the day on which the price increase comes into effect. The prices quoted in the product or service offer are exclusive of VAT. All prices are subject to printing and composition errors. We accept no liability for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the contractor is not obliged to deliver the product in accordance with the incorrect price.

Article 10 - Conformity and guarantee
The trader guarantees that the products and/or services comply with the contract, the specifications indicated in the offer, reasonable requirements as to reliability and/or user-friendliness and the legal and/or regulatory provisions in force on the date of conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for other than normal use. A guarantee provided by the trader, manufacturer or importer shall not affect any legal rights and claims which the consumer may have against the trader on the basis of the agreement. Any defective or incorrectly delivered goods must be reported to the trader in writing within 14 days of delivery. Products returned must be in their original packaging and in new condition. The Contractor's warranty period corresponds to the manufacturer's warranty period. However, the contractor is never responsible for the final suitability of the products for each individual consumer application, nor for any advice regarding the use or application of the products. The guarantee does not apply if The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties; The delivered products have been exposed to abnormal conditions or treated in a negligent manner or contrary to the contractor's instructions and/or have been treated in the packaging; The unsuitability results in whole or in part from regulations that the government has established or will establish concerning the nature or quality of the materials applied.

Article 11 - Delivery and application
The contractor must take the utmost care in receiving and fulfilling orders for products. The place of delivery is the country where transport begins. In this case, delivery takes place outside the EU, and the customer will be charged import VAT and/or customs clearance costs by the postal or courier company. Consequently, the merchant will not charge VAT. Without prejudice to Article 4 of these general terms and conditions, the trader shall fulfil accepted orders promptly and at the latest within 30 days, unless the consumer has agreed a longer delivery period. If delivery is delayed or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days after placing the order. In this case, the consumer has the right to withdraw from the contract free of charge and is entitled to any damages. In the event of cancellation in accordance with the above paragraph, the contractor will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days of cancellation. If delivery of an ordered product proves impossible, the contractor will endeavour to supply a replacement item. At the latest at the time of delivery, he will inform the consumer in a clear and comprehensible manner that a replacement item has been delivered. For replacement goods
the right of withdrawal cannot be excluded. The costs of returning the goods shall be borne by the entrepreneur. The risk of damage to and/or loss of the products shall be borne by the contractor up to the time of delivery to the consumer or to a representative appointed in advance and brought to the contractor's attention, unless expressly agreed otherwise.

Article 12 - Duration of transactions: duration, cancellation and extension Cancellation
The consumer may cancel an open-ended contract concluded for the regular delivery of products (including electricity) or the provision of services at any time, subject to the agreed cancellation rules and a maximum notice period of one month. The consumer may terminate a fixed-term contract concluded for the regular supply of products (including electricity) or services at any time on expiry of the fixed term, in compliance with the agreed termination rules and subject to a maximum notice period of one month. The consumer may terminate the contracts referred to in the preceding paragraphs: at any time and without being limited to termination at a specific time or within a specific period; at least terminate them in the same way as they were concluded; always terminate them with the same period of notice as that set by the contractor. Renewal A fixed-term contract concluded for the regular supply of goods (including electricity) or services may not be renewed tacitly or for a fixed term. By way of derogation from the previous paragraph, a fixed-term contract concluded for the regular supply of daily or weekly newspapers and periodicals may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate the renewed contract towards the end of the renewal period by giving a maximum of one month's notice. A fixed-term contract concluded for the regular supply of goods or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time by giving not more than one month's notice, and by giving not more than three months' notice if the contract relates to the regular supply, but less than once a month, of daily or weekly newspapers and periodicals. A fixed-term contract for the regular supply of daily or weekly newspapers and periodicals on an introductory basis (trial or introductory subscription) does not continue tacitly and terminates automatically at the end of the trial or introductory period. Duration If a contract lasts for more than one year, after one year the consumer may terminate the contract at any time with a maximum of one month's notice, unless it is reasonable and fair not to terminate before the end of the agreed term.

Article 13 - Payment
Unless otherwise agreed, amounts due by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a contract for the provision of services, this period runs from the time the consumer receives confirmation of the contract. The consumer shall immediately inform the trader of any inaccuracy in the payment details provided or mentioned. In the event of non-payment by the consumer, the trader is authorised, subject to legal restrictions, to charge the reasonable costs communicated in advance to the consumer.

Article 14 - Complaints procedure
Complaints concerning the performance of the contract must be submitted to the contractor within 7 days, with a full and clear description, after the consumer has discovered the defects. Complaints submitted to the contractor will be dealt with within 14 days of receipt. If a complaint foreseeably requires a longer processing time, the contractor will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure. A complaint does not suspend the contractor's obligations, unless the contractor indicates otherwise in writing. If the contractor considers that a complaint is justified, he will replace or repair the delivered products free of charge, at his discretion.

Article 15 - Disputes
In agreements between the contractor and the consumer to which these general terms and conditions apply, only Dutch law applies, even if the consumer resides abroad. Even if the consumer resides abroad.