Terms and Conditions

SECTION 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can make use of their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or 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 within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the moment the contract is concluded;
Means of distance communication: a method that can be used for concluding a contract without the consumer and entrepreneur being together in the same space at the same time;
General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

SECTION 2 – 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 a 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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be provided to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge, electronically or otherwise, upon request.

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

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in full force, and the relevant provision will be replaced in mutual consultation without delay by a provision that approximates the intent of the original provision as closely as possible.

Situations not covered by these general terms and conditions must be assessed in accordance with the spirit of these general terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions of these general terms and conditions must be interpreted in accordance with the spirit of these general terms and conditions.

SECTION 3 – The Offer

If an offer has a limited period of validity 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 amend 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 make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful 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 included in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.

Product images are a true representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains information in such a way that it is 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 responsibility and risk of the customer. The postal and/or courier service will apply the special scheme for postal and courier services with regard to importation. This scheme applies when the goods are imported into the destination EU country, which is the case here. The postal and/or courier service will collect the VAT (possibly together with the customs clearance fees) from the recipient of the goods;
• any shipping costs;
• the manner in which the agreement will be concluded and the actions required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and execution of the agreement;
• the period for accepting the offer, or the period during which the entrepreneur guarantees the price;
• the amount of the tariff for distance communication if the costs for using the means of distance communication are calculated on a basis other than the standard base rate of the used communication method;
• whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
• the way in which the consumer can check and, if desired, correct the information they have provided in connection with the agreement before the agreement is concluded;
• any other languages, besides English, in which the agreement can be concluded;
• the codes of conduct to which the entrepreneur has committed and how the consumer can consult these codes electronically; and
• the minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colors, types of materials.

SECTION 4 – The Agreement

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

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

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.

The entrepreneur may – within the boundaries of the law – obtain information about whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, he is entitled to refuse an order or request, with reasons, or to attach special conditions to the execution.

The entrepreneur will provide the consumer, either in writing or in a manner that allows the consumer to store it in an accessible way on a durable medium, with the following information at the latest upon delivery of the product or service:

1. the physical address of the entrepreneur’s business location where the consumer can submit complaints;
2. the conditions under which and the method by which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
3. information on warranties and existing after-sales service;
4. the data referred to in Section 4 sub 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
5. the conditions for terminating the agreement if the contract has a duration of more than one year or is of indefinite duration.

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

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

SECTION 5 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the agreement without providing any reason within a period of 14 days. This cooling-off period begins on the day after the consumer, or a third party designated in advance by the consumer and made known to the entrepreneur, receives the product.

During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises the right of withdrawal, they shall 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 make use of the right of withdrawal, they are required to notify the entrepreneur of this within 14 days after receiving the product. Notification must be made in writing or by email. After the consumer has indicated their wish to exercise the right of withdrawal, they must return the product within 14 days. The consumer must provide proof that the goods were returned on time, for example by providing a shipping receipt.

If the consumer has not notified the entrepreneur of their intention to exercise the right of withdrawal within the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur within the stated time frame, the purchase is considered final.

SECTION 6 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has already made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has been received by the seller, or that conclusive proof of the complete return can be provided.

SECTION 7 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products and services as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.

1. Exclusion of the right of withdrawal is only possible for products:
   that are made to the consumer’s specifications;
2. that are clearly personal in nature;
3. that by their nature cannot be returned;
4. that spoil or age quickly;
5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
6. that are single issues of newspapers or magazines;
7. that are audio or video recordings or computer software of which the seal has been broken by the consumer;
8. that are hygienic products of which the seal has been broken by the consumer.

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

1. relating to accommodation, transport, restaurant services, or leisure activities to be carried out on a specific date or during a specific period;
2. that have begun with the express consent of the consumer before the cooling-off period has expired;
3. relating to betting and lotteries.

SECTION 8 – The Price

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

By way of exception to the previous paragraph, the entrepreneur may offer products or services with variable prices if these prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This dependence on market fluctuations and the fact that any listed prices are target prices will be clearly stated in the offer.

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

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

1. they are the result of statutory regulations or provisions; or
2. the consumer has the right to terminate the agreement as of the day the price increase takes effect.

The place of supply of goods is determined in accordance with UK VAT legislation, which states that for goods supplied with transport, the supply takes place at the location where the transport of the goods commences. Therefore, if delivery takes place outside the UK, UK VAT is not chargeable. Import VAT and/or customs clearance fees will instead be collected from the customer by the postal or courier service in the destination country.

All prices are subject to printing and typographical errors. No liability will be accepted for the consequences of such errors. In the event of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

SECTION 9 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement was concluded. 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 legal rights and claims that the consumer may assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Products must be returned in their original packaging and in unused (new) condition.

The warranty period provided by the entrepreneur corresponds to the factory warranty period. However, the entrepreneur is never responsible for the product’s ultimate suitability 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 handled carelessly or contrary to the instructions of the entrepreneur and/or those on the packaging;
• The defect is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

SECTION 10 – Delivery and Execution

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

The place of delivery is deemed to be the address provided by the consumer to the entrepreneur.

With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days, unless a longer delivery period has been agreed upon with the consumer. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order.

In such cases, the consumer has the right to dissolve the agreement at no cost and is entitled to compensation if applicable.

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

If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to offer a replacement item. At the latest upon delivery, it will be clearly and comprehensibly communicated that a replacement item is being provided. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment 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 previously designated representative known to the entrepreneur, unless expressly agreed otherwise.

SECTION 11 – Long-Term Contracts: Duration, Termination, and Renewal

Termination
The consumer may terminate an agreement entered into for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement entered into for a fixed period, which involves the regular delivery of products (including electricity) or services, at any time at the end of the agreed term, subject to the agreed termination rules and a notice period of no more than one month.

In the case of the agreements referred to in the previous paragraphs, the consumer:

• may terminate them at any time and is not limited to termination at a specific time or during a specific period;
• may terminate them in the same manner as the agreement was entered into;
• may always terminate them with the same notice period as the entrepreneur has stipulated for themselves.

Renewal
An agreement entered into for a fixed period for the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed term.

By way of exception to the above, an agreement entered into for a fixed term for the regular delivery of daily, news, or weekly newspapers or magazines may be automatically renewed for a fixed term of no more than three months, provided that the consumer can terminate the renewed agreement at the end of the renewal period with a notice period of no more than one month.

An agreement entered into for a fixed term for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer is allowed to terminate the agreement at any time with a notice period of no more than one month, and no more than three months in the case of agreements involving the regular but less than monthly delivery of daily, news, or weekly newspapers and magazines.

A fixed-term agreement for the regular trial delivery of daily, news, or weekly newspapers and magazines (trial or introductory subscription) is not automatically renewed and ends automatically after the trial or introductory period has ended.

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 prevent termination before the end of the agreed duration.

SECTION 12 – 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 an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

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

In the event of non-payment by the consumer, the entrepreneur has the right—subject to legal limitations—to charge the consumer reasonable costs that were communicated in advance.

SECTION 13 – Complaints Procedure

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

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed reply.

If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

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

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

SECTION 14 – Disputes

All agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by United Kingdom law, even if the consumer resides outside the United Kingdom.

SECTION 15 – CESOP

Due to measures introduced and reinforced as of 2024 in connection with the "Act amending the Turnover Tax Act 1968 (Act implementing the Payment Services Directive)", and thereby the implementation of the Central Electronic System of Payment information (CESOP), payment service providers may register data in the European CESOP system.

Company: Mensa Global
Address: Belder 12J, 4704 RK Roosendaal
Registration: 97905062
VAT number: NL005295411B93