Terms & Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Cooling-off period: the period during which the consumer may exercise the right of withdrawal.

• Consumer: a natural person not acting in the course of a business or profession who enters into a distance contract with the trader.

• Day: calendar day.

• Continuous transaction: a distance contract relating to a series of products and/or services, with delivery and/or purchase obligations spread over time.

• Durable medium: any tool that enables the consumer or trader to store information in a way that allows future access and unaltered reproduction.

• Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period.

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

• Distance contract: an agreement concluded through an organised system for remote selling, where exclusive use is made of one or more means of distance communication.

• Means of distance communication: a method used to conclude a contract without the consumer and trader being physically present together.

• Terms & Conditions: these current General Terms and Conditions of the trader.

Article 2 – Company Identity

• Business Name: Black Treasure

• Company Number: 97004049

• Trading Name: Averly London

• VAT Number: NL005242845B21

• Customer Service Email: info@averlylondon.com

• Business Address: Potgieterstraat 15, 5144 AZ Waalwijk, The Netherlands

Article 3 – Applicability

These terms and conditions apply to every offer made by the trader and every distance contract concluded between trader and consumer.

Before a distance contract is concluded, the consumer will be provided with these terms and conditions. If this is not reasonably possible, the trader will indicate how the terms can be accessed and that they will be sent free of charge upon request.

If the contract is concluded electronically, the terms will be made available in such a way that the consumer can store them on a durable medium.

In case specific product or service terms also apply, the consumer can always rely on the applicable provision most favourable to them.

If any provision of these terms is found invalid, the remaining terms will remain in effect. Any invalid provision will be replaced with a valid one that closely reflects the original intent.

Unregulated situations must be interpreted in the spirit of these terms.

Article 4 – The Offer

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

Offers are non-binding. The trader reserves the right to modify or adjust the offer.

The offer includes a complete and accurate description of the products or services. Images used reflect the actual products/services. Obvious errors or mistakes do not bind the trader.

Product images represent actual products. However, colours may vary slightly.

Each offer includes clear information on:

• The price (excluding import VAT and customs duties, which are the customer's responsibility).

• Shipping costs (if any).

• How the agreement will be formed.

• Whether the right of withdrawal applies.

• Payment, delivery, and execution procedures.

• Validity period of the offer.

• Communication costs (if any).

• Archiving and access to the agreement.

• Data verification before finalising the agreement.

• Languages available for the contract.

• Applicable codes of conduct.

• Duration for continuous transactions.

Article 5 – The Contract

The agreement is formed upon consumer acceptance of the offer and fulfilment of the stated conditions.

If accepted electronically, the trader will confirm receipt of acceptance without delay. Until confirmation is received, the consumer may cancel the contract.

For electronic agreements, the trader ensures a secure data environment.

The trader may check the consumer’s ability to fulfil payment obligations. If there are valid grounds, the trader may refuse or attach special conditions to an order.

The trader will provide the following details with the product/service:

• Contact details for complaints

• Conditions for and how to exercise withdrawal rights

• Warranty and after-sales service information

• These terms and relevant data from Article 4

• Cancellation policy for long-term agreements

For continuous transactions, this applies only to the first delivery.

All agreements are subject to availability of the products.

Once the order has been processed and dispatched, cancellation is no longer possible.

The consumer retains the right to withdraw from the contract after receiving the product, in accordance with Article 6.

Article 6 – Right of Withdrawal

Consumers may withdraw from a purchase within 30 days of receiving the product.

During this period, the product may only be handled as necessary to assess it.

To withdraw, the consumer must notify the trader within 30 days by email or written message, and return the item within another 30 days. Returns may go directly to our supplier. Proof of return (e.g. tracking) is required.

If the consumer does not notify or return within the specified periods, the purchase becomes final.

Article 7 – Return Costs

Return shipping costs are the consumer’s responsibility — including international returns to our supplier.

If the consumer has paid, the amount will be refunded within 30 days after the returned product has been received or valid proof of return is provided.

Article 8 – Exclusion of Withdrawal Rights

Withdrawal may be excluded for:

• Custom or personalised products

• Perishable or ageing products

• Products sealed for hygiene reasons (if unsealed)

• Services involving accommodation, transport, catering, or leisure for specific dates

• Services already begun with consumer consent before the withdrawal period ends

Article 9 – Pricing

Prices will not increase during the validity of the offer unless due to VAT changes.

For variable market-linked products, the consumer will be informed of price fluctuations.

Price increases within 3 months are only allowed due to legal changes.

After 3 months, increases must be contractually agreed, and the consumer may cancel the contract.

For VAT purposes, delivery occurs based on UK VAT legislation. VAT and customs fees may be charged by the courier and are the customer’s responsibility. The trader will not charge VAT on international orders.

Typographical errors in pricing are not binding. In case of such errors, the trader is not obligated to honour incorrect prices.

Article 10 – Conformity & Warranty

Products and services will meet the agreement, the stated description, and applicable UK laws and regulations at the time of the agreement.

Any manufacturer/importer warranty does not limit consumer statutory rights under UK law.

Defects must be reported within 30 days. Returns must be in original packaging and condition.

The warranty equals the manufacturer’s warranty. The trader is not liable for fitness for a specific use or misuse.

Warranty is void if:

• Products are repaired/modified by third parties or the customer

• Products are mishandled or misused contrary to instructions

• Defects result from regulatory changes affecting materials

Article 11 – Delivery & Fulfilment

Orders will be fulfilled with care. Delivery is to the address provided by the consumer.

Orders will be dispatched within 30 days unless otherwise agreed. Delays or unavailability will be communicated within 30 days. The consumer may cancel and be refunded in such cases.

If a product is unavailable, a replacement may be offered. Replacements will be clearly marked and can be returned at no cost.

The trader bears the risk of loss or damage until delivery is completed.

The consumer is responsible for providing a complete and correct delivery address when placing the order. Averly London is not liable for delays or failed deliveries resulting from incomplete or incorrect address information supplied by the consumer.
Any additional shipping costs incurred due to such errors shall be borne by the consumer.

Article 12 – Duration, Cancellation & Renewal

For continuous transactions:

Cancellation:

• Consumers may cancel contracts of indefinite or fixed duration at any time with a one-month notice.

• Cancellation must be possible the same way the contract was entered.

Renewal:

• Contracts cannot be automatically renewed unless it concerns newspapers/magazines with a 3-month extension and one-month cancellation period.

• Introductory subscriptions end automatically.

Duration:

• Contracts over one year may be cancelled after one year with one month’s notice.

Article 13 – Payment

Unless otherwise agreed, payments must be made within 7 working days from the start of the withdrawal period.

In case of services, payment is due after confirmation of the agreement.

Consumers must notify errors in payment information immediately.

In case of late payment, the trader may charge reasonable recovery costs.

Article 14 – Complaints

Complaints must be submitted in detail within 7 days of identifying the issue.

The trader will respond within 30 days. If longer processing is needed, the consumer will be informed.

If unresolved, the dispute becomes subject to formal resolution procedures.

Submitting a complaint does not suspend the consumer’s obligations unless confirmed in writing.

If a complaint is justified, the trader will repair or replace the product at no cost.

Article 15 – Governing Law

All agreements and disputes shall be governed exclusively by English law, and subject to the jurisdiction of the courts of England and Wales, even if the consumer resides outside the United Kingdom.