Article 2 – Seller Identity
Legal name (company name): MHD-ECOM
Trading name: Everford London
Registration number (KvK): 93761783
VAT number: NL005041261B86
Registered office address: Gijsingstraat 40, Rotterdam
Customer service email: contact@everfordlondon.com
Article 3 – Scope
These general terms and conditions apply to all offers made by Everford London, as well as to any distance contract concluded between Everford London and the consumer, including all orders placed through the website.
Before entering into a distance contract, the text of these general terms and conditions will be made available to the consumer.
If this is not reasonably possible, the consumer will be informed before the contract is concluded where the terms can be reviewed and that they will be sent free of charge and without delay upon request.
If the agreement is concluded electronically, these terms and conditions will, notwithstanding the foregoing, be made available electronically in a format that allows the consumer to store them on a durable medium.
If this is not reasonably possible, the consumer will be informed where the terms can be accessed electronically and that they can be sent by email or other means free of charge upon request.
If specific terms apply in addition to these general terms and conditions for certain products or services, the above provisions apply accordingly. In case of conflict, the provision most favourable to the consumer shall prevail.
If one or more provisions of these terms and conditions are invalid or declared invalid, the remaining provisions shall remain fully applicable. The invalid or annulled provision shall be replaced by a valid provision that best reflects the original intent.
Matters not regulated in these terms and conditions shall be interpreted in accordance with the spirit of these general conditions.
In case of doubt regarding the interpretation of one or more provisions, they shall be interpreted in light of the general intent and purpose of these conditions.
Article 4 – The Offer
If an offer is time-limited or subject to specific conditions, this will be clearly stated in the offer.
All offers from Everford London are non-binding. The company reserves the right to modify or update any offer at any time.
The offer includes a complete and accurate description of the products and/or services provided. This description is detailed enough to allow the consumer to make an informed decision. The images used represent the products and/or services truthfully. Any obvious errors or inaccuracies do not bind Everford London.
All images and specifications in the offer are for guidance only and do not constitute grounds for claims or cancellation of the contract.
Product images are realistic representations; however, Everford London cannot guarantee that the colours displayed on a consumer’s screen will exactly match the actual product colours.
Each offer clearly states the consumer’s rights and obligations upon acceptance. This information includes, among other things:
- The price, excluding any customs duties or import VAT. These additional costs are the responsibility of the customer. The postal service or carrier may apply specific arrangements for deliveries within the EU. VAT may be charged directly by the courier or postal service, possibly together with customs duties.
- Any applicable delivery costs.
- The procedure for concluding the contract and the necessary steps involved.
- Information regarding the right of withdrawal, if applicable.
- Available payment methods, delivery methods, and contract execution details.
- The validity period of the offer and/or the period during which the price is guaranteed.
- Any additional communication costs, if they exceed standard rates.
- How the contract will be archived and under what conditions the consumer may access it.
- The technical means by which the consumer can identify and correct input errors before confirming the order.
- The available languages for concluding the contract, in addition to English.
- Any codes of conduct followed by Everford London and how these can be accessed electronically.
- The minimum duration of the consumer’s contractual obligations in the case of continuous or recurring services.
- Optionally: available sizes, colours, and material types.
Article 5 – The Agreement
The agreement is deemed to be concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein, subject to the provisions of paragraph 4.
If the consumer accepts the offer electronically, Everford London will promptly confirm receipt of this acceptance electronically. Until this confirmation has been sent, the consumer may withdraw from the agreement.
In the case of an agreement concluded electronically, Everford London shall take appropriate technical and organisational measures to secure data transmission and ensure a safe online environment. If the consumer is able to make electronic payments, Everford London shall take the necessary security precautions.
Everford London reserves the right – in accordance with applicable law – to verify whether the consumer can meet their payment obligations, as well as to assess any other relevant factors necessary for the responsible conclusion of the agreement. If such an assessment provides reasonable grounds not to proceed, Everford London reserves the right to decline an order or to attach special conditions to its fulfilment.
Upon purchase, Everford London will provide the consumer with the following information, in writing or in a format that can be stored on a durable medium:
- The registered office address where the consumer may submit any complaints.
- The conditions and procedure for exercising the right of withdrawal, or, if this right does not apply, a clear statement of the exception.
- Information on the statutory warranty and any after-sales service.
- The information referred to in Article 4(3), unless it has already been provided prior to the conclusion of the agreement.
- The termination conditions of the agreement in the case of a duration exceeding one year or an indefinite term.
For agreements relating to continuous services, the above provisions apply only to the first delivery.
All agreements are subject to the availability of the ordered products.
Article 6 – Right of Withdrawal
The consumer has the right to withdraw from the agreement without providing any reason within 30 days from the date of receipt of the products. The withdrawal period begins the day after the product has been delivered to the consumer or to a third party designated by the consumer who is not the carrier.
During the withdrawal period, the consumer shall handle the product and its packaging with care. The product may only be opened or used to the extent necessary to determine its nature, characteristics, and functioning. When exercising the right of withdrawal, the product must be returned with all supplied accessories and, where reasonably possible, in its original packaging and condition, in accordance with the instructions provided by Everford London.
The consumer must notify Everford London of the decision to exercise the right of withdrawal within 30 days of receiving the product, by written communication (email). After this notification, the consumer has an additional 30 days to return the product. The consumer must be able to prove that the return was made on time, for example by providing proof of shipment. Returns may also be sent directly to our supplier in China.
If the consumer fails to notify Everford London of the decision to withdraw within the prescribed period or fails to return the product on time, the purchase shall be considered final.
Article 7 – Costs of Withdrawal
In the event of withdrawal, all costs related to the return of the product shall be borne by the consumer. This includes any shipping costs to the country of origin, namely to our supplier in China.
If the consumer has already made a payment, Everford London shall refund the amount paid as soon as possible and in any case within 30 days from receipt of the returned product or from proof that the product has been shipped back.
Article 8 – Exceptions to the Right of Withdrawal
The right of withdrawal may be excluded for certain products and services, as specified below. This exception is valid only if it is clearly stated in the offer or communicated before the contract is concluded.
Exceptions for products:
- Products made to measure or clearly personalised to the consumer’s individual preferences.
- Products clearly intended for personal use.
- Products which, by their nature, cannot be returned.
- Perishable goods or products with a limited shelf life.
- Products whose price depends on fluctuations in the financial markets that the seller cannot influence.
- Newspapers and magazines purchased individually.
- Sealed audio or video recordings, or software, where the seal has been broken by the consumer after delivery.
- Sealed hygiene products that have been opened by the consumer after delivery.
Exceptions for services:
- Services relating to accommodation, transport, catering, or leisure activities, which must be provided on a specific date or during a specific period.
- Services where execution has begun with the consumer’s explicit consent before the withdrawal period has expired.
- Services related to gaming and lotteries.
Article 9 – Prices
During the period stated in the offer, prices for products and/or services will not change unless changes in VAT rates make this necessary.
Notwithstanding the above, Everford London may offer products or services whose prices are subject to fluctuations in the financial markets beyond the company’s control. In such cases, the variable nature of the price will be clearly indicated in the offer, and prices will be considered indicative.
Price increases within three months of the conclusion of the agreement are only permitted if they result from legal changes.
Price increases after three months from the conclusion of the agreement are only permitted if expressly agreed and if:
- they result from legislation; or
- the consumer has the right to terminate the agreement from the date the increase takes effect.
In accordance with Article 5, paragraph 1 of the Dutch VAT Act (Wet op de Omzetbelasting 1968), the place of supply is considered to be the place where transport begins. In this case, delivery takes place outside the EU. Therefore, import VAT and any customs charges will be collected by the postal service or courier from the recipient. Everford London does not charge VAT.
All prices are subject to printing and publication errors. Everford London accepts no liability for such errors and is not obliged to deliver a product at an incorrectly listed price.
Article 10 – Conformity and Warranty
It is guaranteed that the delivered products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of quality and usability, and applicable legal provisions in force at the time of the agreement. If agreed, it is also guaranteed that the product is suitable for a use other than that normally expected.
Any warranty provided by the seller, manufacturer, or importer does not affect the statutory rights that the consumer may assert against the seller under the agreement.
Defective products or incorrect deliveries must be reported in writing within 30 days of receipt of the product. Products must be returned in their original packaging and in perfect condition.
The warranty period corresponds to that determined by the manufacturer. The seller is not liable for the final suitability of the products for the consumer’s specific needs, nor for any advice regarding the use or application of the products.
The warranty does not apply in the following cases:
- If the consumer or a third party has repaired or altered the products.
- If the products have been used improperly, under abnormal conditions, or contrary to the instructions provided.
- If the defect is wholly or partly due to regulations or requirements set by authorities, whether current or future, regarding the nature or quality of the materials used.
Article 11 – Delivery and Performance
The utmost care is taken when receiving and processing orders for products.
The place of delivery is the address provided by the consumer at the time of ordering.
Unless otherwise specified in Article 4, accepted orders will be executed as soon as possible and no later than 30 days, unless a longer delivery period has been expressly agreed. In the event of delay or if an order cannot be fulfilled, the consumer will be informed within 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement free of charge and may be entitled to compensation.
In the event of termination under the above clause, any amount paid by the consumer will be refunded within a maximum of 30 days from the date of termination.
If an ordered product is unavailable, a replacement product will be offered. This will be clearly communicated upon delivery. The right of withdrawal remains applicable even when a replacement product is supplied. The costs of returning such a replacement product will, in that case, be borne by the seller.
The risk of loss or damage to the products remains with the seller until delivery to the consumer or a third party designated by the consumer, unless otherwise agreed.
Article 12 – Duration Contracts: Termination, Renewal, and Duration
Termination
The consumer may terminate an agreement of indefinite duration for the regular delivery of products or services at any time, subject to a notice period of no more than one month.
The consumer may terminate a fixed-term agreement for the regular delivery of products or services at the end of the term, subject to a notice period of no more than one month.
The consumer always has the right to:
- Terminate at any time, not only at specific dates.
- Terminate in the same manner as the agreement was concluded.
- Terminate with the same notice period as the seller applies.
Renewal
Fixed-term agreements for the regular delivery of products or services may not be automatically renewed for another fixed term.
As an exception, fixed-term agreements for the regular delivery of newspapers, journals, or magazines may be tacitly renewed for up to three months, provided that the consumer may terminate the agreement with a notice period of no more than one month.
Fixed-term agreements for the regular delivery of products or services may only be automatically renewed as indefinite-term agreements if the consumer can terminate the agreement at any time with a notice period of no more than one month (or three months in the case of less frequent periodical publications).
Fixed-term promotional agreements (e.g. trial subscriptions) automatically expire at the end of the agreed term and are not renewed.
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 the nature of the agreement requires that the agreed term be respected.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days from the start of the withdrawal period as referred to in Article 6(1). For services, this period begins from the confirmation of the agreement.
The consumer must immediately notify the seller of any inaccuracies in the provided payment details.
In the event of non-payment, the seller has the right, without prejudice to statutory provisions, to charge the reasonable costs previously communicated to the consumer.
Article 14 – Complaints Procedure
Any complaint regarding the performance of the agreement must be submitted clearly and fully in writing within seven days after the defect has been discovered.
Received complaints will be handled within 30 days. If a complaint requires more time to process, the consumer will be informed within 30 days with an estimate of the expected response time.
If a complaint cannot be resolved amicably, a dispute will be deemed to exist.
A complaint does not suspend the seller’s contractual obligations unless otherwise agreed in writing.
If a complaint is justified, the seller will, at its discretion, provide a free replacement or repair of the product.
