General Terms and Conditions
ARTICLE 1 – DEFINITIONS
The following definitions apply in these general terms and conditions:
Withdrawal period: the time during which the consumer can exercise their right of withdrawal;
Consumer: a natural person who does not act in the course of a profession or business activity and concludes a distance contract with an entrepreneur;
Fixed-term transaction: a distance contract for a series of products and/or services whose delivery and/or collection obligation is staggered;
Durable medium: any means enabling a consumer or trader to store information in a way that allows it to be used in the future and reproduce it unaltered;
Right of withdrawal: the possibility for the consumer to withdraw from the contract at a distance during the withdrawal period;
Trader: a natural or legal person offering products and/or services to consumers at a distance;
Distance contract: an agreement under which a contract is concluded in a sales system organized by the entrepreneur using only one or more distance communication techniques;
Remote communication technology: the means used to conclude a contract without the need for the consumer and the trader to be in one place at the same time.
General Conditions: these general terms and conditions of the trader.
ARTICLE 2 – IDENTIFICATION OF THE TRADER
Alvalooks.com
Address: 28 Station Road, Plymouth, Devon, PL5 4LD, United Kingdom
E-mail: info@alvalooks.com
Phone: +44 7700 104166
ARTICLE 3 – APPLICABILITY
These general terms and conditions apply to every offer of the trader and to every distance contract and contract concluded between the trader and the consumer.
Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not possible, before concluding a distance contract, the consumer will be informed that the general terms and conditions can be read by the entrepreneur, and at the consumer's request, they will be sent free of charge.
In the case of concluding a distance contract by electronic means, the text of these general terms and conditions may be made available to the consumer in electronic form before its conclusion, in a way that allows the consumer to store them on a durable data carrier. If this is not possible, the consumer will be informed where the general terms and conditions can be read electronically and that they will be sent free of charge on request.
In the event that additional terms and conditions for products or services apply in addition to these general conditions, the consumer may invoke more favourable terms in the event of a conflict.
ARTICLE 4 – OFFER
If the offer has a limited period of validity or is subject to conditions, this will be clearly stated in the offer.
The offer is non-binding. The entrepreneur reserves the right to change and adapt the offer.
The offer contains an accurate and complete description of the products and/or services offered. The description is detailed enough to allow the consumer to properly assess the offer. If the entrepreneur uses images, they are a faithful representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the entrepreneur.
All images, specifications and information contained in the offer are for illustrative purposes only and cannot be construed as giving rise to compensation or termination.
Product images are a faithful reflection of the products offered. However, the trader does not guarantee that the displayed colours exactly match the actual colours of the products.
Each offer contains information that allows the consumer to clearly understand their rights and obligations as a result of accepting the offer. This applies in particular to:
- excluding customs clearance costs and import VAT. Additional costs burden and are the customer's risk;
- possible shipping costs;
- how the agreement will be concluded and what steps are needed to do so;
- the existence or lack of the right to withdraw from the contract;
- method of payment, delivery and performance of the contract;
- the date of acceptance of the offer or the period during which the entrepreneur guarantees the given price;
- the costs of using distance communication techniques, if they are calculated on a different basis than the standard rate;
- whether the contract will be archived after it has been concluded and how the consumer can view it;
- the way in which the consumer can check and possibly correct the data he has provided in connection with the contract before concluding the contract;
- any other languages in which, apart from English, the contract can be concluded;
- the codes of conduct to which the trader adheres and how the consumer can view them electronically;
- minimum duration of a distance contract in the case of ongoing transactions.
ARTICLE 5 – AGREEMENT
The contract is concluded when the offer is accepted by the consumer and the conditions set out therein are met, subject to the provisions of paragraph 4.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the offer. Until the acceptance is confirmed, the consumer can terminate the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and to ensure a secure network environment. If electronic payment is possible, the entrepreneur applies appropriate security measures.
An entrepreneur can – within the framework of the law – obtain information about the consumer's ability to meet his payment obligations and about all facts and factors relevant to the responsible conclusion of a distance contract. If, on the basis of this analysis, the entrepreneur has justified reasons not to conclude the contract, he has the right to refuse to perform the contract or to demand special conditions for the performance of the contract.
The entrepreneur will provide the consumer, together with the product or service, with the following information in writing or in a way that allows the consumer to store it on a durable medium:
- the address of the company to which the consumer may file complaints;
- the conditions for exercising the right of withdrawal or a clear indication of the absence of this right;
- information about warranties and available after-sales services;
- the data contained in Article 4(3), unless the trader has made them available to the consumer before the contract is performed;
- termination conditions if the contract lasts more than a year or is for an indefinite period.
For ongoing transactions, the above information must only be provided on the first delivery.
Each contract is concluded subject to sufficient availability of the ordered products.
ARTICLE 6 – RIGHT OF WITHDRAWAL
When purchasing products, the consumer has the right to withdraw from the contract without giving a reason within 30 days. The withdrawal period begins on the day after the consumer or a representative designated by him receives the product, of which the trader has been informed in advance.
During the withdrawal period, the consumer should handle the product and packaging with care. The consumer may unpack or use the product only to the extent necessary to assess whether he wants to keep it. If the consumer decides to exercise the right of withdrawal, he must return the product with all accessories and, if possible, in its original condition and packaging, in accordance with clear and reasonable instructions from the trader.
If the consumer wishes to exercise the right of withdrawal, he is obliged to inform the trader within 30 days of receiving the product. The consumer should do this by means of a written message or e-mail. After requesting withdrawal, the consumer must return the product within 30 days. The consumer should prove that the product was returned in a timely manner, for example by providing proof of postage.
If the consumer does not inform the trader of their intention to withdraw within the specified deadlines or does not return the product, the transaction is considered final.
ARTICLE 7 – COSTS IN THE EVENT OF CANCELLATION
If the consumer exercises the right of withdrawal, the costs of returning the products are borne by the consumer.
If the consumer has made the payment, the trader will refund the amount as soon as possible, but no later than 14 days after the withdrawal. The prerequisite is that the trader receives the product back or that the consumer provides reliable proof of return.
ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
The entrepreneur may exclude the right to withdraw from the contract in the case specified in paragraphs 2 and 3. The exclusion of the right of withdrawal is only possible if the trader has expressly stated this in the offer or before concluding the contract.
The right of withdrawal can be excluded for products:
- that have been made to consumer specifications;
- that are clearly personal in nature;
- which cannot be returned by their nature;
- that deteriorate quickly or have a limited shelf life;
- the price of which depends on fluctuations in the financial market, which are beyond the entrepreneur's control;
- individual newspapers and magazines;
- recorded audio and video materials and software, the seal of which has been tampered with by the consumer;
- hygiene products whose seal has been tampered with by the consumer.
The right of withdrawal can be excluded for the following services:
- accommodation, transport, catering or recreation to be carried out within a specified time or period;
- the implementation of which has commenced with the express consent of the consumer before the end of the withdrawal period;
- betting and lotteries.
ARTICLE 9 – PRICE
During the validity period of the offer, the prices of the products and/or services offered will not be increased, except for changes resulting from VAT regulations.
In the event of a price reduction after purchase, the customer is not entitled to a refund of the difference. The customer agrees with the current price at the time of purchase.
Contrary to the above, an entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market and on which the entrepreneur has no influence, with variable prices. The fact that they are subject to fluctuations and that the prices quoted are approximate will be clearly indicated in the offer.
Price increases within 3 months of the conclusion of the contract are only allowed if they result from statutory or regulatory provisions.
Price increases after 3 months from the conclusion of the contract are allowed only if the entrepreneur has anticipated it and:
- result from statutory or regulatory provisions; or
- The consumer has the right to withdraw from the contract on the date on which the price increase becomes effective.
The place of delivery is the country of departure of the transport, in accordance with Article 5 paragraph 1 of the VAT Act 1968. In this case, the delivery takes place outside the EU. The post office or courier then charges import VAT or customs clearance costs to the customer. Therefore, the entrepreneur does not charge VAT.
All prices are subject to typographical and clerical errors. The trader is not responsible for the consequences of such errors and is not obliged to deliver the product at an incorrect price.
ARTICLE 10 – CONFORMITY AND WARRANTY
The Trader warrants that the products and/or services comply with the contract, the specifications set out in the offer, reasonable requirements for soundness and/or usability, and the laws and/or government regulations in force on the date of the contract. If agreed, the trader also guarantees that the product is suitable for non-normal uses.
A guarantee granted by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may make against the trader under the contract.
Any defects or improperly delivered products must be reported to the trader in writing within 30 days of delivery. Products must be returned in their original packaging and intact.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the trader is not responsible for the ultimate suitability of the products for a particular use by the consumer or for any advice on the use or use of the products.
The warranty does not apply if:
- the consumer has repaired and/or modified the delivered products himself or has them repaired and/or modified by third parties;
- the delivered products have been exposed to abnormal conditions or have been misused in a manner contrary to the trader's instructions or the markings on the packaging;
- Imperfections are due in whole or in part to government regulations regarding the quality or nature of the materials used.
ARTICLE 11 – DELIVERY AND FULFILLMENT
The entrepreneur will make every effort to accept and fulfill product orders.
The place of delivery is the address provided by the consumer to the trader.
Subject to the provisions of Article 4 of these General Terms and Conditions, the trader shall process the orders accepted without undue delay and within 14 days at the latest, unless a longer delivery period has been agreed. In the event of a delay in delivery or if the order cannot be processed, the consumer will be informed within 14 days of placing the order. In this case, the consumer has the right to terminate the
ARTICLE 12 – FIXED-TERM TRANSACTIONS: DURATION, TERMINATION AND RENEWAL
Termination
A consumer may terminate a contract concluded for an indefinite period of time, covering the regular provision of products (including electricity) or services, at any time, subject to the agreed notice rules and a notice period of up to one month.
A consumer may terminate a fixed-term contract for the regular provision of products (including electricity) or services at the end of the agreed period, subject to the agreed notice rules and a maximum notice period of one month.
In the case of agreements referred to in the above paragraphs:
- Termination may occur at any time and is not limited to a specific time or period;
- the termination may be made in the same way as the contract was concluded;
- Termination is always given with the same notice period as the entrepreneur has provided for himself.
Extension
A fixed-term contract for the regular provision of products (including electricity) or services cannot be automatically renewed or renewed for a fixed period of time.
Contrary to the above, a fixed-term contract covering the regular provision of newspapers, newspapers, weeklies or magazines may be automatically extended for a maximum of three months if the consumer has the right to terminate the extended contract with one month's notice.
A fixed-term contract covering the regular provision of products or services can be automatically renewed for an indefinite period if the consumer has the right to terminate with one month's notice. For regular deliveries once a month or less frequently, the notice period is a maximum of three months.
A trial or introductory contract for the regular provision of newspapers, newspapers, weeklies or magazines is not automatically renewed and ends automatically after the trial or introductory period.
Duration
If the contract has a term longer than one year, the consumer can terminate it at any time after one year with one month's notice, unless reasonableness and fairness argue for the termination of the contract before the end of the agreed term.
ARTICLE 13 – PAYMENT
Unless otherwise agreed, the amounts due from the consumer must be paid within 7 working days of the start of the withdrawal period in accordance with Article 6 paragraph 1. In the case of a contract for the provision of services, the payment deadline begins from the moment the consumer receives confirmation of the conclusion of the contract.
The consumer is obliged to immediately notify the entrepreneur of any irregularities in the provided or provided payment data.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer with the previously indicated and justified costs.
ARTICLE 14 – COMPLAINTS PROCEDURE
Complaints regarding the performance of the contract must be reported to the entrepreneur fully and clearly described within 7 days from the moment the defects are discovered by the consumer.
Complaints submitted to the entrepreneur will be considered within 14 days from the date of their receipt. If the complaint requires a foreseeably longer processing time, the trader will inform the consumer within 14 days of the expected date for a detailed response.
If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute resolution procedure.
Filing a complaint does not suspend the entrepreneur's obligations, unless the entrepreneur agrees in writing to withdraw from the performance of these obligations.
If the complaint is found to be justified, the trader will, at its discretion, replace or repair the delivered product at no additional cost to the consumer.
ARTICLE 15 – DISPUTES
Contracts concluded between a trader and a consumer to which these general terms and conditions apply are exclusively governed by UK law, even if the consumer resides abroad.
ARTICLE 16 – SMS MARKETING
By opting in to SMS marketing from Alvalooks when you place an order or by signing up using the tools available, you agree to receive repeated SMS messages (regarding your order, including abandoned cart reminders), marketing offers, and transactional text, such as review requests, even if your number is registered on a state or federal "do not call" list. The frequency of messages may vary. Consent is not a condition of purchase.
To opt out of SMS marketing messages and notifications, reply STOP to any message you receive or use the opt-out link provided in each message. You are aware that other methods of opting out, such as using other words or requests, are not considered effective. We do not charge for this service, but you are responsible for any carrier charges for text messages. Messaging and data rates may apply.
If you have any questions, text HELP to the number you are receiving messages from. You can also contact us through our website: https://www.alvalooks.com/pages/contact.
We reserve the right to change the phone numbers or short numbers used to provide the service. In such cases, you will be notified. You acknowledge that messages sent to the changed number, including STOP or HELP requests, may not be received, and we are not responsible for the implementation of such requests.
To the extent permitted by law, you agree that we are not responsible for any failed, late, or erroneous delivery of information transmitted using the service, for errors in such information, or for actions taken in connection with the information or service.
Your privacy is important to us. You can read how we collect and use your personal data in our Privacy Policy (https://www.alvalooks.com/pages/privacy-policy).