Terms and Conditions

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

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

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

Day: calendar day.

Long-term transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.

Durable data carrier: any means that enables the consumer or the 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 consumer’s option 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 between the entrepreneur and the consumer as part of an organized system for the distance sale of products and/or services, exclusively using one or more means of distance communication up to and including the conclusion of the contract.

Means of distance communication: any means that can be used for the conclusion of a contract without the consumer and the entrepreneur being in the same place at the same time.

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

Article 2 – Identity of the Entrepreneur

Company name: Edward & Grace
Chamber of Commerce number: 
Customer service email: info@edwardandgrace.com
Business address: Toronto

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.

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 possible, the entrepreneur shall, before the distance contract is concluded, indicate that the terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these terms and conditions may be provided to the consumer electronically in such a way that it can be easily stored on a durable data carrier. If this is not reasonably possible, the consumer shall be informed where the terms and conditions can be accessed electronically and that they will be sent free of charge at the consumer’s request.

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

If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the remaining provisions of the agreement shall remain in force, and the void or annulled provision shall be replaced in mutual consultation by a provision that reflects the original intent as closely as possible.

Situations not covered by these general terms and conditions shall be assessed “in the spirit” of these terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions shall also be interpreted “in the spirit” of these general terms and conditions.

Article 4 – The Offer

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

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

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. 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 any claim for damages or dissolution of the agreement.

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

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

  • the price (excluding customs clearance and import VAT). These additional costs are the responsibility of the customer. The postal and/or courier service will apply the special scheme for postal and courier services when importing goods into the EU country of destination. Import VAT and clearance fees will be collected by the postal and/or courier service from the recipient of the goods;

  • any shipping costs;

  • the method by which the contract will be concluded and the necessary steps to do so;

  • whether the right of withdrawal applies;

  • the method of payment, delivery, and performance of the contract;

  • the period for accepting the offer or the period during which the entrepreneur guarantees the price;

  • the rate of distance communication if different from the basic rate;

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

  • the way in which the consumer can check and, if necessary, correct the information provided before concluding the contract;

  • the languages in which the contract can be concluded;

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

  • the minimum duration of the distance contract in the case of a long-term transaction;

  • optional: available sizes, colors, materials.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and complies with the associated conditions.

If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will implement appropriate security measures.

The entrepreneur may, within legal limits, obtain information about the consumer’s ability to meet payment obligations and other facts and factors relevant to a responsible conclusion of the contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the contract, the entrepreneur may refuse an order or request or attach special conditions to the performance.

The entrepreneur will send the following information with the product or service to the consumer, in writing or in a way that allows it to be stored on a durable data carrier:

  • the physical address of the entrepreneur’s business where the consumer can lodge complaints;

  • the conditions under which and the method by which the consumer may exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;

  • information about guarantees and after-sales service;

  • the information referred to in Article 4(3) of these conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the contract;

  • the requirements for terminating the contract if it has a duration of more than one year or is of indefinite duration.

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

All agreements are entered into under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the contract without stating reasons within 30 days. This cooling-off period starts on the day after the consumer or a representative designated by the consumer receives the product.

During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises the right of withdrawal, the product must be returned with all delivered accessories and—if reasonably possible—in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

The consumer must notify the entrepreneur of their intention to exercise the right of withdrawal within 30 days after receiving the product, in writing or by email. After this notification, the consumer must return the product within 30 days. The consumer must provide proof that the goods have been returned on time to the place of origin (which may also be directly to the supplier in China), for example, by providing proof of shipment.

If the consumer has not notified the entrepreneur within the periods mentioned above, or has not returned the product, the purchase is final.

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises the right of withdrawal, the return shipping costs are entirely at the consumer’s expense. Note that this includes the cost of returning the product to the country of origin (our supplier in China).

If the consumer has already made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after withdrawal, provided the product has been received back or conclusive proof of return has been provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as specified in paragraphs 2 and 3, provided this is clearly stated in the offer or at least in good time before the conclusion of the contract.

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

  • produced according to the consumer’s specifications;

  • that are clearly personal in nature;

  • that, by their nature, cannot be returned;

  • that can spoil or age quickly;

  • whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control;

  • for individual newspapers and magazines;

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

  • for hygienic products where the seal has been broken.

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

  • related to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;

  • that have begun with the consumer’s explicit consent before the end of the cooling-off period;

  • concerning betting and lotteries.

Article 9 – The Price

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

In deviation from the previous paragraph, the entrepreneur may offer products or services at variable prices if these are subject to fluctuations in the financial market that are beyond the entrepreneur’s control. This will be stated in the offer.

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

Price increases from three months after concluding the contract are only permitted if the entrepreneur has stipulated this and:

  • they result from legal regulations or provisions, or

  • the consumer has the right to terminate the contract from the day the price increase takes effect.

The place of delivery is considered to be outside the EU, and therefore import VAT and clearance fees will be collected by the postal or courier service from the recipient. The entrepreneur will not charge VAT.

All prices are subject to typographical and printing errors. No liability is accepted for the consequences of such errors, and the entrepreneur is not obliged to deliver the product at the erroneous price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable standards of soundness and/or usability, and existing legal provisions and government regulations at the date of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights and claims under the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. Products must be returned in their original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual use 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 altered the delivered products themselves or had them repaired and/or altered by third parties;

  • the delivered products have been exposed to abnormal conditions or have been handled carelessly or contrary to the entrepreneur’s instructions or those on the packaging;

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

Article 11 – Delivery and Performance

The entrepreneur shall exercise the greatest possible care when receiving orders for products and executing product deliveries.

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

Subject to what is stated in Article 4 of these terms and conditions, the company will execute accepted orders promptly but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or an order cannot be executed or only partially, the consumer will be informed within 30 days after placing the order. The consumer may then dissolve the contract free of charge and is entitled to compensation.

In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible and no later than 30 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement product. It will be clearly indicated that a replacement product is being delivered. The right of withdrawal cannot be excluded for replacement products. The cost of return shipping will be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated by the consumer, unless explicitly agreed otherwise.

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

Termination

The consumer may terminate a contract of indefinite duration, which provides for the regular delivery of products or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract providing for the regular delivery of products or services at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may:

  • terminate contracts at any time and not be limited to termination at a specific time or during a specific period;

  • at least terminate in the same manner as they were concluded;

  • always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

A fixed-term contract for the regular delivery of products or services may not be tacitly renewed or extended for a fixed duration.

In deviation, a fixed-term contract for the regular delivery of daily or weekly newspapers or magazines may be tacitly renewed for a maximum of three months, provided the consumer can terminate the renewed contract with a notice period of no more than one month.

A fixed-term contract for the regular delivery of products or services may only be tacitly renewed for an indefinite duration if the consumer can terminate at any time with a notice period of no more than one month, or three months if the contract provides for less frequent deliveries than once per month.

A fixed-term introductory subscription for the regular delivery of newspapers or magazines will not be tacitly renewed and will end automatically after the introductory period.

Duration

If a contract has a duration of more 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 fairness and reasonableness prevent termination before the end of the agreed duration.

Article 13 – Payment

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

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

In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.

Article 14 – Complaints Procedure

Complaints about the execution of the contract must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 30 days with a notice 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 dispute resolution.

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

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

Article 15 – Disputes

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