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Terms & Conditions

SECTION 1 – DEFINITIONS

In these Terms and Conditions, the following definitions shall apply:

  • Cooling-off period: the period within which the consumer may exercise their right of withdrawal;

  • Consumer: any natural person who is not acting for purposes related to their trade, business, craft or profession, and who enters into a distance contract with the trader;

  • Day: a calendar day;

  • Durable medium: any tool – including email – that enables the consumer or trader to store information personally addressed to them in a way that can be consulted in the future for a period appropriate to the purpose of the information and allows unchanged reproduction of the stored information;

  • Right of withdrawal: the consumer’s right to withdraw from a distance contract during the cooling-off period;

  • Trader: the natural or legal person offering goods and/or services to consumers at a distance;

  • Distance contract: a contract concluded as part of an organized system for selling products or services at a distance, where only remote communication methods (e.g., website, email) are used;

  • Means of distance communication: methods that can be used for concluding a contract without the consumer and trader being physically present in the same place.

 

SECTION 2 – IDENTITY OF THE TRADER

Company Name: The Lifting Chef
Business Address: Lingestraat 35, 4335 NZ, Middelburg
Email: support@thornandtailor.com
Chamber of Commerce Number: 94143641
VAT Identification Number: NL005067070B23

 

SECTION 3 – APPLICABILITY

These Terms and Conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer, regardless of whether the consumer resides in the EU or the United Kingdom.

Before a distance contract is concluded, the text of these Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, the trader shall indicate, before the distance contract is concluded, how the Terms and Conditions can be viewed and that they will be sent free of charge upon request.

If the distance contract is concluded electronically, these Terms and Conditions may be supplied to the consumer by electronic means in such a way that they can be easily stored on a durable medium. If this is not reasonably possible, the consumer shall be informed where the Terms and Conditions can be accessed electronically, and that a copy will be sent free of charge upon request.

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

If one or more provisions in these Terms and Conditions are at any time wholly or partly invalid or void, the rest of the agreement and these Terms and Conditions shall remain in force, and the relevant provision will be replaced by a valid one that best reflects the original intent.

Any situations not covered by these Terms and Conditions shall be assessed in the spirit of these terms. Any ambiguity regarding the interpretation of one or more provisions shall be interpreted in line with the overall intent and fairness of these Terms and Conditions.

 

SECTION 4 – THE OFFER

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

All offers are non-binding. The trader reserves the right to modify or withdraw the offer at any time.

The offer includes a complete and accurate description of the products and/or services being offered. This description is sufficiently detailed to enable the consumer to make a proper assessment. If the trader uses images, these are intended to be a truthful representation of the products and/or services. Obvious errors or mistakes in the offer are not binding.

All product images and specifications are indicative and may not lead to any compensation or cancellation of the agreement. Colour deviations may occur due to screen settings or lighting.

Every offer contains such information that it is clear to the consumer what their rights and obligations are upon accepting the offer. This includes:

  • The total price (excluding import VAT and customs clearance fees, which may be charged by local authorities or courier services upon delivery in the UK or EU);

  • Any applicable shipping costs;

  • The method of concluding the contract and the steps required;

  • Whether the right of withdrawal applies;

  • The method of payment, delivery, and execution of the contract;

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

  • Any additional costs for distance communication (if applicable);

  • Whether the contract will be archived and, if so, how the consumer can access it;

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

  • The available languages for the contract;

  • Any applicable codes of conduct and how to consult them;

  • The minimum duration of the contract (if applicable in the case of a subscription or repeated delivery service);

  • Optional: available sizes, colours, or material types.

 

SECTION 5 – THE CONTRACT

The contract is concluded at the moment the consumer accepts the offer and meets the conditions set forth, subject to the trader’s confirmation and product availability.

If the consumer accepts the offer electronically, the trader shall immediately acknowledge receipt of the acceptance electronically. As long as this confirmation has not been received by the consumer, the contract may be cancelled.

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

The trader may – within the limits of the law – gather information on the consumer’s ability to fulfill their payment obligations, as well as on facts and factors relevant to responsibly entering into the distance contract. If the trader has valid reasons not to enter into the agreement, they may refuse an order or attach special conditions to the execution.

The trader shall send the following information to the consumer at the latest upon delivery of the product or service:

  1. The trader's business address for complaints;

  2. Information about the right of withdrawal, including how to exercise it;

  3. Details about after-sales service and existing warranties;

  4. The information contained in Section 4 of these Terms and Conditions, unless the trader already provided it prior to the conclusion of the contract;

  5. The conditions for cancelling the contract if it has an ongoing duration.

If the transaction is a recurring delivery or subscription (a duration contract), the above information only needs to be provided with the first delivery.

All agreements are subject to product availability. If an item is no longer in stock, the trader reserves the right to cancel the contract and issue a full refund.

 

SECTION 6 – RIGHT OF WITHDRAWAL

6.1 – Right to Cancel

Consumers in both the EU and the UK have the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period expires 14 days after the day on which the consumer or a third party (other than the carrier) takes physical possession of the goods.

6.2 – Exercising the Right of Withdrawal

To exercise the right of withdrawal, the consumer must inform the trader of their decision to cancel the contract by a clear statement (e.g., by email). The consumer may use the trader’s withdrawal form template, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for the consumer to send their communication concerning the exercise of the right of withdrawal before the 14-day period has expired.

6.3 – Effects of Withdrawal

If the consumer withdraws from the contract, the trader shall reimburse all payments received from the consumer, excluding delivery charges and any customs/import fees, without undue delay and in any event not later than 14 days from the day on which the trader is informed of the consumer’s decision to withdraw.

The trader shall reimburse the payment using the same method the consumer used for the original transaction, unless expressly agreed otherwise.

The trader may withhold reimbursement until they have received the goods back, or until the consumer has supplied evidence of having sent back the goods – whichever comes first.

6.4 – Return of Goods

Consumers must send back the goods or hand them over to the trader without undue delay and no later than 14 days from the day on which they communicate their withdrawal. The consumer is responsible for the direct cost of returning the goods.

The consumer is only liable for any diminished value of the goods resulting from the handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods.

 

SECTION 7 – COSTS IN CASE OF WITHDRAWAL

If the consumer makes use of their right of withdrawal, they shall bear the direct cost of returning the goods.

If the consumer has paid any amount, the trader shall reimburse this amount as soon as reasonably possible and no later than 14 days after receiving the returned goods or proof that the goods have been shipped back, whichever comes first.

Please note:

  • The original shipping fee (if charged) is non-refundable.

  • Any customs duties, VAT, or import fees paid at the time of delivery will not be refunded by the trader. The consumer may contact their local customs office to request a refund if applicable.

 

SECTION 9 – PRICES AND TAXES

All prices listed on the website include applicable VAT for EU customers. For UK customers, no VAT is charged at checkout due to delivery from outside the UK. UK customers may be subject to import VAT, customs duties, and clearance fees upon delivery. These charges are the responsibility of the customer.

The trader reserves the right to change product prices at any time. Price changes do not affect orders already accepted by the trader.

Prices are subject to typographical and formatting errors. The trader is not obligated to honour orders placed at clearly incorrect prices.

 

SECTION 10 – CONFORMITY AND WARRANTY

The trader guarantees that the products and/or services conform to the contract, the specifications stated in the offer, reasonable standards of usability and reliability, and applicable legal provisions in both the EU and the UK at the time of the contract.

Any warranty provided by the trader, manufacturer, or importer shall not affect the legal rights and claims the consumer may exercise under the law.

If a delivered product is defective or does not meet the agreement, the consumer must notify the trader in writing within 14 days of delivery. Products should be returned in their original packaging and condition.

The warranty does not apply if:

  1. The consumer or third party has repaired or modified the product;

  2. The product was used improperly or under abnormal conditions;

  3. Damage was caused by failure to follow the trader’s instructions;

  4. Defects result from government regulations concerning the nature or quality of used materials.


SECTION 11 – DELIVERY AND PERFORMANCE

The trader shall take the utmost care when receiving and fulfilling orders for products.

The delivery address is the address provided by the consumer during the order process. The consumer is responsible for ensuring this information is correct.

Accepted orders will be shipped within a reasonable timeframe, typically between 5–12 working days, unless a longer delivery time has been agreed upon. If delivery is delayed or the order cannot be fulfilled, the consumer will be informed within 30 days of placing the order.

In such cases, the consumer has the right to cancel the agreement at no cost and will receive a full refund within 14 days of cancellation.

If delivery of a product proves impossible, the trader may offer a substitute item. This will be clearly communicated upon delivery. In such cases, the right of withdrawal remains unaffected, and the cost of returning the substitute product will be covered by the trader.

The risk of damage or loss of products lies with the trader until the products are delivered to the consumer or a third party designated by the consumer.

 

SECTION 12 – DURATION CONTRACTS: TERMINATION AND RENEWAL

12.1 – Termination

The consumer may cancel an indefinite duration contract at any time, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may cancel a fixed-term contract at the end of the specified period, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may cancel contracts mentioned above:

  • At any time, without being limited to cancellation at a specific time or within a specific period;

  • Using the same method as was used to enter into the contract;

  • With the same notice period as the trader has reserved for themselves.

12.2 – Renewal

A fixed-term contract that involves regular delivery of products or services shall not be automatically renewed or extended for a fixed period.

By way of exception, a fixed-term contract for the regular delivery of daily or weekly newspapers or magazines may be tacitly renewed for a period not exceeding three months if the consumer may terminate this renewed contract at any time with a notice period of no more than one month.

A fixed-term contract for regular delivery of products or services may be renewed only for an indefinite period if the consumer may terminate the renewed contract at any time with a notice period of no more than one month (three months for newspaper or magazine deliveries occurring less than once a month).

A limited duration contract for the regular supply of newspapers or magazines for introductory purposes (trial or promotional subscriptions) is not automatically extended and ends after the trial period.

 

SECTION 13 – PAYMENT

Unless otherwise agreed, all payments must be made within 7 calendar days of the order confirmation or after the cooling-off period has ended (if applicable).

In the case of a service agreement, the payment term begins after the consumer receives confirmation of the agreement.

The consumer has a duty to inform the trader immediately of any inaccuracies in provided or stated payment details.

If the consumer fails to meet their payment obligation, the trader may charge reasonable recovery costs after giving a notice and an opportunity to correct the issue within a reasonable timeframe.

 

SECTION 14 – COMPLAINTS PROCEDURE

Complaints about the performance of the contract must be submitted to the trader clearly described and in full within **7 days** of the consumer identifying the issue.

Complaints can be submitted via the contact details provided on the website. The trader will respond to complaints within **14 days** of receipt. If a complaint requires a longer handling time, the trader will acknowledge receipt and provide an estimated timeline for resolution.

If the complaint cannot be resolved by mutual agreement, it becomes a dispute subject to the dispute resolution procedure.

Submitting a complaint does not suspend the consumer’s payment obligations, unless the trader agrees otherwise in writing.

If the trader deems the complaint valid, they will replace or repair the product free of charge or offer an appropriate solution.

SECTION 15 – DISPUTES

Contracts between the trader and the consumer to which these Terms and Conditions apply are governed by the laws of the Netherlands. If the consumer resides in the UK, UK consumer protection laws also apply.

Any dispute arising from these contracts shall be submitted to a competent court in the Netherlands unless the law mandatorily prescribes another jurisdiction.

The consumer may also use the European Commission's Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr

SECTION 16 – CESOP COMPLIANCE

Due to the implementation of CESOP (Central Electronic System of Payment Information) as part of the EU directive on cross-border VAT fraud, payment service providers may be legally required to report certain cross-border transactions to tax authorities.

As a result, transactions made to this webshop may be registered in CESOP. This is a regulatory measure and does not affect the consumer’s rights or payment experience.