Terms and Conditions
Terms and Conditions of Lucy Mae
Table of Contents:
Article 1 - Definitions
Article 2 - Identity of Lucy Mae
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Consumer Obligations during the Cooling-Off Period
Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs Thereof
Article 9 - Obligations of Lucy Mae upon Withdrawal
Article 10 - Exclusion of the Right of Withdrawal
Article 11 - The Price
Article 12 - Compliance and Extra Guarantee
Article 13 - Delivery and Execution
Article 14 - Duration Transactions: Duration, Termination, and Renewal
Article 15 - Payment
Article 16 - Complaints Procedure
Article 17 - Disputes
Article 18 - Additional or Deviating Provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Supplementary Agreement: An agreement where the consumer acquires products, digital content, and/or services in connection with a distance contract, and these items, digital content, and/or services are supplied by Lucy Mae or by a third party based on an arrangement between that third party and Lucy Mae;
Cooling-Off Period: The period within which the consumer can make use of their right of withdrawal;
Consumer: The natural person who does not act for purposes related to their trade, business, craft, or profession;
Day: Calendar day;
Digital Content: Data produced and supplied in digital form;
Continuous Performance Contract: An agreement aimed at the regular delivery of goods, services, and/or digital content over a specified period;
Durable Medium: Any device - including email - that allows the consumer or entrepreneur to store information addressed to them personally in a way that enables future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
Right of Withdrawal: The option for the consumer to withdraw from the distance contract within the cooling-off period;
Distance Contract: An agreement concluded between Lucy Mae and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, whereby up to and including the conclusion of the agreement exclusive or partial use is made of one or more techniques for distance communication;
Model Withdrawal Form: The European model withdrawal form included in Annex I to these terms and conditions;
Lucy Mae: The legal entity as defined in Article 2, which offers products, (access to) digital content, and/or services to consumers remotely as set out in these general terms and conditions;
Technique for Distance Communication: Means that can be used for concluding an agreement without the consumer and entrepreneur being together in the same place at the same time.
Article 2 - Identity of Lucy Mae
Lucy Mae, available Monday to Friday from 09:00 to 18:00 hours, support@lucy-mae.co.uk. If the entrepreneur's activity is subject to a relevant licensing regime: the details about the supervisory authority: If the entrepreneur practices a regulated profession: - the professional association or organization to which he belongs; - the professional title, the place in the EU or the European Economic Area where it was granted; - a reference to the professional rules that apply in the Netherlands and indications where and how these professional rules are accessible.
Article 3 - Applicability
These general terms and conditions apply to every offer from Lucy Mae and to every distance contract concluded between the entrepreneur and the consumer.
Before the 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, Lucy Mae will indicate before the distance contract is concluded how the general terms and conditions can be viewed at Lucy Mae 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, the text of these general terms and conditions may be made available 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 before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always rely on the applicable provision that is most favorable to them in the event of conflicting conditions.
Article 4 - The Offer
If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If Lucy Mae uses images, they are a true representation of the offered products, services, and/or digital content. Apparent mistakes or apparent errors in the offer do not bind Lucy Mae.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 - The Agreement
Subject to the provisions in paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, Lucy Mae will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement. After receipt of this confirmation, it is no longer possible for the consumer to dissolve or cancel the agreement, although the consumer may use the right of withdrawal (Article 6).
If the agreement is concluded electronically, Lucy Mae 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, Lucy Mae will take appropriate security measures.
Within the legal frameworks, Lucy Mae may inform itself whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, Lucy Mae has good reasons not to enter into the agreement, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
Lucy Mae will include the following information in writing or in such a way that the consumer can store it accessibly on a durable medium no later than upon delivery of the product, service, or digital content to the consumer:
the visiting address of the establishment of Lucy Mae where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about warranties and existing after-purchase service;
the price including all taxes of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or implementation of the distance contract;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a continuous performance contract, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of Withdrawal
The consumer can dissolve an agreement related to the purchase of a product during a cooling-off period of at least 14 (fourteen) days without giving reasons. Lucy Mae may ask the consumer for the reason for withdrawal but may not oblige the consumer to state their reason(s).
The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received the product, or:
if the consumer ordered multiple products in one order: the day on which the consumer, or a third party designated by him, received the last product. Lucy Mae may, provided it has clearly informed the consumer prior to the ordering process, refuse an order of multiple products with different delivery times.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.
For services and digital content not delivered on a tangible medium:
The consumer can dissolve a service agreement and an agreement for the delivery of digital content not delivered on a tangible medium during at least 14 days without giving reasons. Lucy Mae may ask the consumer for the reason for withdrawal but may not oblige the consumer to state their reason(s).
The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended cooling-off period for products, services, and digital content not delivered on a tangible medium in case of failure to inform about the right of withdrawal:
If Lucy Mae has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If Lucy Mae has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original cooling-off period, the cooling-off period will expire 14 days after the day the consumer received that information.
Article 7 - Consumer Obligations during the Cooling-Off Period
During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for a decrease in the value of the product that is the result of a way of handling the product that goes beyond what is allowed in paragraph 1.
The consumer is not liable for a decrease in the value of the product if Lucy Mae has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs Thereof
If the consumer makes use of his right of withdrawal, he will report this to Lucy Mae within the cooling-off period by means of the model withdrawal form or in another unambiguous way.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorized representative of) Lucy Mae. This is not necessary if Lucy Mae has offered to collect the product itself. In any case, the consumer has complied with the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all supplied accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by Lucy Mae.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the direct costs of returning the product. If Lucy Mae has not reported that the consumer has to bear these costs or if Lucy Mae indicates to bear the costs itself, the consumer does not have to bear the costs of return.
If the consumer withdraws after first explicitly requesting that the provision of the service or the supply of gas, water, or electricity that are not ready for sale in a limited volume or set quantity commences during the cooling-off period, the consumer owes Lucy Mae an amount that is proportional to that part of the commitment that has been fulfilled by Lucy Mae at the time of withdrawal, compared to the full compliance with the commitment.
The consumer does not bear any costs for the provision of services or the supply of water, gas, or electricity that are not ready for sale in a limited volume or set quantity, or for the supply of district heating, if:
Lucy Mae has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form, or;
the consumer has not explicitly requested the commencement of the provision of the service or the supply of gas, water, electricity, or district heating during the cooling-off period.
The consumer does not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium if:
he has not explicitly agreed to the commencement of the fulfillment of the agreement before the end of the cooling-off period prior to its delivery;
he has not acknowledged losing his right of withdrawal when giving his consent; or
Lucy Mae has failed to confirm this statement from the consumer.
If the consumer makes use of his right of withdrawal, all supplementary agreements will be dissolved by operation of law.
Article 9 - Obligations of Lucy Mae upon Withdrawal
If Lucy Mae makes the notification of withdrawal by the consumer possible electronically, she will send an acknowledgment of receipt without delay after receiving this notification.
Lucy Mae will reimburse all payments made by the consumer, including any delivery costs charged by Lucy Mae for the returned product, without delay but within 14 days following the day on which the consumer notifies her of the withdrawal. Unless Lucy Mae offers to collect the product herself, she may wait with repaying until she has received the product or until the consumer proves that he has returned the product, whichever is earlier.
Lucy Mae uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, Lucy Mae does not have to reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of the Right of Withdrawal
Lucy Mae can exclude the following products and services from the right of withdrawal, but only if Lucy Mae has clearly stated this in the offer, at least in time for the conclusion of the agreement:
Products or services whose price depends on fluctuations in the financial market over which Lucy Mae has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction means a method of sale whereby products, digital content, and/or services are offered by Lucy Mae to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content, and/or services;
Service agreements, after full performance of the service, but only if:
the performance started with the explicit prior consent of the consumer; and
the consumer has declared that he loses his right of withdrawal as soon as Lucy Mae has fully performed the agreement;
Package holidays as referred to in Article 7:500 of the UK Civil Code and passenger transport agreements;
Service agreements for providing accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services, and catering;
Agreements related to leisure activities, if the agreement provides for a specific date or period of performance;
Products made to consumer specifications, which are not prefabricated and which are made based on an individual choice or decision by the consumer, or that are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that are irrevocably mixed with other products after delivery by their nature;
Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which Lucy Mae has no influence;
Sealed audio, video recordings, and computer software, whose seal has been broken after delivery;
Newspapers, magazines, or journals, with the exception of subscriptions to them;
The supply of digital content other than on a tangible medium, but only if:
the performance has started with the explicit prior consent of the consumer; and
the consumer has declared that he thereby loses his right of withdrawal.
Article 11 - The Price
During the period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, Lucy Mae may offer products or services whose prices are subject to fluctuations in the financial market and over which Lucy Mae has no influence, at variable prices. This dependence on fluctuations and the fact that any mentioned prices are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if Lucy Mae has stipulated this and:
they are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
Article 12 - Compliance and Extra Guarantee
Lucy Mae guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, Lucy Mae also guarantees that the product is suitable for other than normal use.
An extra guarantee provided by Lucy Mae, her supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against Lucy Mae under the agreement if Lucy Mae has failed to fulfill her part of the agreement.
An extra guarantee means any obligation by Lucy Mae, her supplier, importer, or manufacturer in which she grants the consumer certain rights or claims that go beyond what she is legally required to do in case she has failed to fulfill her part of the agreement.
Article 13 - Delivery and Execution
Lucy Mae will take the greatest possible care when receiving and executing orders for products and in assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to Lucy Mae.
With due observance of what is stated in Article 4 of these general terms and conditions, Lucy Mae will execute accepted orders expeditiously but at the latest within 30 days unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be informed about this no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, Lucy Mae will immediately refund the amount that the consumer has paid.
The risk of damage and/or loss of products rests with Lucy Mae until the moment of delivery to the consumer or a pre-designated representative, made known to Lucy Mae, unless expressly agreed otherwise.
Article 14 - Duration Transactions: Duration, Termination, and Renewal
Termination:
The consumer may terminate an agreement concluded for an indefinite period and which extends to 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 concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
at any time and not be limited to termination at a specific time or during a specific period;
at least in the same way as they were entered into by him;
always with the same notice period as Lucy Mae has stipulated for herself.
Extension:
An agreement concluded for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Contrary to the previous paragraph, an agreement concluded for a definite period and which extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
An agreement concluded for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and ends automatically after the trial or introductory period.
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 dictate otherwise against termination before the end of the agreed duration.
Article 15 - Payment
Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. If advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the duty to report inaccuracies in provided or stated payment details to Lucy Mae without delay.
If the consumer does not meet his payment obligation(s) on time, he owes the statutory interest on the amount still owed after being reminded of the late payment by Lucy Mae and Lucy Mae has granted the consumer a period of 14 days to still meet his payment obligations, after the absence of payment within this 14-day period, the consumer owes the statutory interest on the amount still owed, and Lucy Mae is entitled to charge the extrajudicial collection costs incurred by her. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the following €2,500; and 5% on the following €5,000, with a minimum of €40. Lucy Mae can deviate from the stated amounts and percentages for the benefit of the consumer.
Article 16 - Complaints Procedure
Lucy Mae has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted fully and clearly described to Lucy Mae within a reasonable time after the consumer has discovered the defects.
Complaints submitted to Lucy Mae will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Lucy Mae will reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
The consumer must give Lucy Mae at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.
Article 17 - Disputes
Agreements between Lucy Mae and the consumer to which these general terms and conditions relate are exclusively governed by UK law.
Disputes between the consumer and Lucy Mae about the conclusion or execution of agreements with regard to products and services to be delivered or delivered by Lucy Mae can, with due observance of the provisions below, be submitted by both the consumer and Lucy Mae to the Disputes Committee.
A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to Lucy Mae within a reasonable period.
No later than twelve months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.
When the consumer wants to submit a dispute to the Disputes Committee, Lucy Mae is bound by this choice. Preferably, the consumer first reports this to Lucy Mae.
If Lucy Mae wants to submit a dispute to the Disputes Committee, the consumer will have to state in writing within five weeks after a written request made by Lucy Mae whether he also wants this or wants the dispute to be handled by the competent court. If Lucy Mae does not hear of the consumer's choice within the period of five weeks, Lucy Mae is entitled to submit the dispute to the competent court.
Article 18 - Additional or Deviating Provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.