Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Cooling-off Period: The period during which the consumer can exercise their right of withdrawal.
• Consumer: A natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur.
• Day: Calendar day.
• Long-term Transaction: A distance agreement concerning a series of products and/or services, where the delivery and/or acceptance obligations are spread over time.
• Durable Data Carrier: Any medium that allows the consumer or entrepreneur to store information personally directed at them in a way that enables future consultation and unchanged reproduction of the stored information.
• Right of Withdrawal: The possibility for the consumer to withdraw from the distance agreement within the cooling-off period.
• Entrepreneur: A natural or legal person who offers products and/or services to consumers at a distance.
• Distance Agreement: An agreement whereby, in the context of a sales system organized by the entrepreneur for distance selling of products and/or services, the agreement is concluded exclusively using one or more techniques for remote communication.
• Technique for Remote Communication: A means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same place.
• General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur 

• Name of Entrepreneur: AMH Services
• Email Address: info@musties-london.com
• Chamber of Commerce Number: 87679981
• VAT Identification Number: NL004465553B09

Article 3 – Applicability

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

Before the distance agreement 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 distance agreement is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge upon request.

If the distance agreement is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph, be made available electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge upon request.

In the event that specific product or service terms also apply alongside these general terms and conditions, the second and third paragraphs will apply accordingly, allowing the consumer to rely on the applicable provision that is most favorable to them in case of conflicting general terms and conditions.

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

Situations not covered by these general terms and conditions will be assessed "in the spirit" of these general terms and conditions.

Ambiguities regarding the explanation or content of one or more provisions of our terms must be explained "in the spirit" of these general terms and conditions.

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 entrepreneur is entitled to change and adjust the offer.

The offer contains 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, these will be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot serve as grounds for compensation or cancellation of the agreement.

Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains information that makes it clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This includes, in particular:

• The price, excluding customs clearance fees and import VAT. These additional costs are the customer's responsibility. The postal and/or courier service will use the special arrangements for postal and courier services concerning imports when the goods are imported into the EU destination country, which is the case here. The postal and/or courier service collects the VAT (possibly together with the customs clearance fees charged) from the recipient of the goods.
• Any shipping costs.
• The manner in which the agreement will be concluded and what actions are required for this.
• Whether or not the right of withdrawal applies.
• The manner of payment, delivery, and execution of the agreement.
• The time frame for accepting the offer, or the period during which the entrepreneur guarantees the price.
• The rate for remote communication if the costs for using the remote communication technique are calculated based on a basis other than the regular basic rate for the communication method used.
• Whether the agreement will be archived after conclusion and, if so, how it can be accessed by the consumer.
• The way the consumer can check and, if desired, correct the data provided by them in the context of the agreement before concluding the agreement.
• Any other languages in which, in addition to Dutch, the agreement can be concluded.
• The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically.
• The minimum duration of the distance agreement in the case of a long-term transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

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

If the consumer accepts the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. Until this receipt is confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe online environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety measures.

The entrepreneur may investigate, within legal frameworks, whether the consumer can meet their payment obligations and all relevant facts and factors necessary for responsibly entering into the distance agreement. If the entrepreneur has valid reasons based on this investigation not to enter into the agreement, they have the right to refuse an order or application with justification or attach special conditions to the execution.

The entrepreneur will provide the consumer with the following information, in writing or in such a way that it can be easily stored on a durable data carrier:

1. The visiting address of the entrepreneur's establishment where the consumer can go with complaints;
2. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
3. Information about warranties and existing after-sales service;
4. The details included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
5. The requirements for termination of the agreement if it has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This cooling-off period begins the day after the consumer receives the product or a representative designated and notified to the entrepreneur by the consumer.

During the cooling-off period, the consumer must handle the product and packaging with care. They may unpack or use the product only to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they must return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. This notification must be made through a written message/email. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods have been returned in a timely manner, for example, by means of a shipping receipt.

If the customer has not indicated that they wish to exercise their right of withdrawal within the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is confirmed.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs for returning the products are the consumer's responsibility.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after withdrawal, provided that the product has already been received by the retailer or conclusive proof of complete return can be provided.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in a timely manner before concluding the agreement.

The exclusion of the right of withdrawal is only possible for products:

1. Made by the entrepreneur according to the consumer's specifications;
2. Clearly personal in nature;
3. Which by their nature cannot be returned;
4. That can spoil quickly or have a limited shelf life;
5. Whose price is subject to fluctuations in the financial market that the entrepreneur cannot influence;
6. For single newspapers and magazines;
7. For audio and video recordings and computer software whose seal has been broken by the consumer;
8. For hygiene products whose seal has been broken by the consumer.

The exclusion of the right of withdrawal is only possible for services:

1. Related to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
2. Whose delivery has commenced with the consumer's explicit consent before the cooling-off period has expired;
3. Related to betting and lotteries.

Article 9 – The Price

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

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence at variable prices. This dependency on fluctuations and the fact that any prices mentioned may be indicative will be indicated in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.

Price increases after 3 months from the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

1. They are the result of legal regulations or provisions; or
2. The consumer has the right to terminate the agreement starting from the day the price increase takes effect.

The place of delivery, according to Article 5, first paragraph, of the Sales Tax Act 1968, is the country where the transportation begins. In this case, delivery takes place outside the EU. Consequently, the postal or courier service will charge the recipient import VAT or customs clearance fees. Therefore, no VAT will be charged by the entrepreneur.

All prices are subject to printing and typesetting errors. The entrepreneur accepts no liability for the consequences of printing and typesetting errors. In the case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of quality and/or usability, and the legal provisions and/or government regulations existing at the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur based on the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. The return of the products must occur in the original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

• The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the entrepreneur's instructions and/or the packaging;
• The defect is wholly or partly the result of regulations imposed by the government concerning the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products.

The place of delivery is the address that the consumer has provided to the company.

Subject to what is mentioned in Article 4 of these general terms, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery time. If delivery is delayed or if an order cannot be executed or can only be partially executed, 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 dissolve the agreement without costs and is entitled to any compensation.

In the case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. Upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are the responsibility of the entrepreneur.

The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Long-Term Transactions: Duration, Termination, and Extension

Termination

The consumer can terminate an agreement that has been entered into for an indefinite period and that aims at the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.

The consumer can terminate an agreement entered into for a definite period and aimed at the regular delivery of products (including electricity) or services at any time at the end of the agreed duration, observing the agreed termination rules and a notice period of no more than one month.

The consumer can terminate the agreements mentioned in the previous paragraphs:

• At any time, and is not limited to termination at a specific time or during a specific period;
• At least terminate in the same way as they were entered into;
• Always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension

An agreement entered into for a definite period and aimed at the regular delivery of products (including electricity) or services may not be renewed or extended tacitly for a definite period.

Notwithstanding the previous paragraph, an agreement entered into for a definite period aimed at the regular delivery of daily, news, and weekly newspapers and magazines may be renewed tacitly for a definite period of up to three months, provided the consumer can terminate this renewed agreement at the end of the renewal with a notice period of no more than one month.

An agreement entered into for a definite period and aimed at the regular delivery of products or services may only be renewed tacitly for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the case where the agreement aims at regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

An agreement for a limited duration for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be continued tacitly and will end automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in Article 6, paragraph 1, begins. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.

The consumer is obliged to report inaccuracies in provided or mentioned payment details to the entrepreneur immediately.

In the case of default by the consumer, the entrepreneur has the right to charge reasonable costs communicated to the consumer beforehand, subject to legal limitations.

Article 14 – Complaints Procedure

Complaints regarding the execution of the agreement must be submitted to the entrepreneur within 7 days in full and clearly described after the consumer has identified the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment 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 that is subject to the dispute resolution process.

A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, they will, at their discretion, either replace the delivered products free of charge or repair them.

Article 15 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms apply. This also applies if the consumer resides abroad.