Terms and conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise 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 company;
Day: calendar day;
Continuous contract: a distance contract concerning a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
Durable medium: any means that enables the consumer or company 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;
Company: the natural or legal person offering products and/or services to consumers at a distance;
Distance contract: an agreement concluded between the company and the consumer under an organized system for the distance sale of products and/or services, involving the exclusive use of one or more means of distance communication until the conclusion of the agreement;
Means of distance communication: a method that can be used to conclude an agreement without the consumer and the company being physically present in the same place at the same time.
Terms and Conditions: the present general terms and conditions of the company.

Article 2 – Company Identity

Company name: Hewett London
Company registration number: 86772724
Trade name: BRASKOMODE
VAT number: NL004312333B37
Customer service email: info@hewettlondon.com
Business address: Jongkindt Coninckstraat 44, Alphen aan den Rijn, Netherlands (not a return address)

Article 3 – Applicability

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

Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, the company will indicate where the terms can be accessed and that they will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, these terms may be provided electronically in such a way that the consumer can easily store them on a durable medium. If this is not possible, it will be indicated where the terms can be accessed electronically and that they will be sent free of charge upon request.

If specific product or service conditions apply alongside these terms, the consumer can invoke the provision most favorable to them in case of conflicting conditions.

If any provision of these terms is found to be invalid or annulled at any time, the agreement and the remaining terms remain valid, and the invalid provision will be replaced by a provision that reflects the original intent as closely as possible.

Situations not covered by these terms should be assessed in accordance with the spirit of these terms.

Ambiguities regarding the interpretation or content of any provision should be explained in line with the spirit of these terms.

Article 4 – The Offer

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

The offer is non-binding. The company is entitled to modify or adapt the offer.

The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to evaluate the offer properly. If the company uses images, they will represent the offered products and/or services as accurately as possible. Obvious errors or mistakes are not binding.

All images, specifications, and information in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

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

Each offer contains information making it clear to the consumer what rights and obligations are associated with accepting the offer, including but not limited to:

The price, excluding customs processing fees and import VAT. These additional costs are the customer’s responsibility and risk. The postal and/or courier company will apply the special scheme for postal and courier services regarding import into the EU country where the customer receives the goods. VAT (along with any customs processing fees) will be collected from the recipient by the courier/postal company;
Any shipping costs;
How the agreement will be concluded and what actions are required for this;
Whether the right of withdrawal applies;
Payment, delivery, and execution methods;
The period for accepting the offer or the period during which the company guarantees the price;
The rate for distance communication if it differs from the standard rate;
Whether the agreement will be archived and, if so, how the consumer can access it;
How the consumer can verify and, if necessary, correct the information provided before concluding the agreement;
Any languages, besides English, in which the agreement can be concluded;
The codes of conduct the company adheres to and how the consumer can consult them electronically;
The minimum duration of the distance contract in the case of a continuous contract.

Optional: available sizes, colors, and material types.

Article 5 – Agreement

An agreement is concluded, subject to the conditions set forth in paragraph 4, at the moment the consumer accepts the offer and fulfills the associated conditions.

If the consumer has accepted the offer electronically, Hewett London shall immediately confirm the receipt of acceptance electronically. Until this acceptance has been confirmed by Hewett London, the consumer may dissolve the agreement.

If the agreement is concluded electronically, Hewett London shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, Hewett London shall observe appropriate security measures.

Within legal frameworks, Hewett London may inquire whether the consumer can meet their payment obligations, as well as any other facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, Hewett London has good reasons not to enter into the agreement, it is entitled to refuse an order or application or to attach special conditions to the execution thereof, stating reasons.

Hewett London shall provide the following information to the consumer in writing or in a manner that allows the consumer to store it on a durable medium, together with the product or service:

The visiting address of Hewett London where the consumer can lodge complaints;
The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
Information about guarantees and existing after-sales services;
The data referred to in Article 4, paragraph 3, unless Hewett London has already provided this information to the consumer before the execution of the agreement;
The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

For a continuing performance agreement, the provision in the previous paragraph only applies to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without stating reasons within 30 days. This reflection period starts the day after the consumer or a representative designated by the consumer receives the product.

During the reflection period, the consumer shall handle the product and the packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they shall return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to Hewett London, in accordance with the reasonable and clear instructions provided by Hewett London.

If the consumer wishes to exercise their right of withdrawal, they are required to notify Hewett London within 30 days of receiving the product. The consumer must provide this notification in writing via a message or email. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 30 days. The consumer must prove that the delivered goods were returned on time to the original dispatch location, for example, by providing a shipping receipt.

If the consumer has not notified Hewett London of their intention to exercise their right of withdrawal after the periods mentioned in paragraphs 2 and 3, or if they have not returned the product to Hewett London, the purchase is final.

For further inquiries, you can reach us at info@hewettlondon.com.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, they shall bear the costs of returning the products.

If the consumer has made a payment, Hewett London will refund this amount as soon as possible, and no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received by the company, or that proof of a complete return is provided.

Article 8 – Exclusion of the Right of Withdrawal

Hewett London may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if Hewett London has clearly stated this in the offer, or at least before concluding the agreement.

The right of withdrawal can only be excluded for products:

that have been manufactured by Hewett London according to the consumer's specifications;
that are clearly of a personal nature;
that, by their nature, cannot be returned;
that may deteriorate quickly or become outdated;
whose price depends on fluctuations in the financial market over which Hewett London has no influence;
that consist of individual newspapers and magazines;
that include audio and video recordings and computer software where the consumer has broken the seal;
that include hygiene products where the consumer has broken the seal.

The right of withdrawal can only be excluded for services:

relating to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
where the delivery has begun with the consumer's explicit consent before the withdrawal period has expired;
that involve betting and lotteries.

Article 9 – Pricing

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, unless this results from changes in VAT rates.

Contrary to the previous paragraph, Hewett London may offer products or services at variable prices if these prices are subject to fluctuations in the financial market over which Hewett London has no influence. This dependency on fluctuations and the fact that the stated prices are indicative will be stated in the offer.

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

Price increases from 3 months after the conclusion of the agreement are only permitted if Hewett London has agreed to this and:

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

The place of delivery is determined in accordance with Article 5, paragraph 1, of the Danish VAT Executive Order as the place where transportation begins. In this case, delivery takes place outside the EU. Therefore, the postal or courier service will charge import VAT and any customs fees to the customer. Hewett London will therefore not charge VAT.

All prices are subject to printing and typographical errors. Hewett London accepts no liability for the consequences of such errors. In the event of printing and typographical errors, Hewett London is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

Hewett London guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of quality and/or usability, and the existing legal provisions and/or government regulations on the date the agreement was concluded. If agreed, Hewett London also guarantees that the product is suitable for other than normal use.

A guarantee provided by Hewett London, the manufacturer, or the importer does not affect the legal rights and claims that the consumer may assert against Hewett London under the agreement.

Any defects or incorrectly delivered products must be reported to Hewett London in writing within 14 days of delivery. The return of the products must be made in the original packaging and in new condition.

The warranty period provided by Hewett London corresponds to the warranty period of the manufacturer. However, Hewett London is never responsible for the ultimate suitability of the products for each individual consumer's specific application or 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 treated carelessly or contrary to Hewett London's instructions and/or on the packaging;
The defect is wholly or partially the result of regulations that the authorities have set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

Hewett London will exercise the utmost care when receiving and executing orders for products.

The place of delivery is the address that the consumer has provided to Hewett London.

Subject to what is stated in Article 4 of these terms and conditions, Hewett London will execute accepted orders with due speed and at the latest within 30 days, unless a longer delivery period has been agreed with the consumer. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed about this no later than 30 days after placing the order. In this case, the consumer has the right to terminate the agreement free of charge and is entitled to any compensation.

In the event of termination under the previous paragraph, Hewett London will refund the amount that the consumer has paid as soon as possible and no later than 14 days after termination.

If delivery of an ordered product proves impossible, Hewett London will endeavor to provide a replacement item. It will be clearly and understandably stated no later than at the time of delivery that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment will be borne by Hewett London.

The risk of damage and/or loss of products rests with Hewett London until the moment of delivery to the consumer or a representative designated in advance by the consumer, unless expressly agreed otherwise.

Article 12 – Ongoing Agreements: Duration, Termination, and Renewal

Termination

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

The consumer may terminate the agreements referred to in the preceding paragraphs:

at any time and without being restricted to termination at a specific time or in a specific period; in at least the same manner as the agreement was concluded; always with the same notice period that the company has imposed on itself.

Renewal

An agreement concluded for a definite period, which involves the regular delivery of products (including electricity) or services, may not be tacitly renewed or extended for a fixed term.

By way of derogation from this, an agreement concluded for a definite period, which involves the regular delivery of daily, news, and weekly newspapers, may be tacitly renewed for a fixed term of no more than three months if the consumer can terminate this renewed agreement at the end of the renewal period with a notice period of no more than one month.

An agreement concluded for a definite period, which involves the regular delivery of products or services, may only be tacitly renewed for an indefinite period if the consumer may terminate the agreement at any time with a notice period of no more than one month and a notice period of no more than three months in cases where the agreement involves regular, but less frequent than once a month, delivery of daily, news, and weekly newspapers.

An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers as part of an introductory or trial subscription automatically ends upon expiry of the trial period and cannot be tacitly renewed.

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 regarding termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the commencement of the withdrawal period as specified in Article 6, paragraph 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 promptly inform the company of any inaccuracies in the provided payment details.

In the event of non-payment by the consumer, the company, subject to legal limitations, has the right to charge reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure

Complaints regarding the performance of the agreement must be submitted to the company within 7 days after the consumer has discovered the defects. The complaint must be described fully and clearly.

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

If the complaint cannot be resolved by mutual agreement, a dispute arises that may be submitted to a dispute resolution procedure.

A complaint does not suspend the company’s obligations unless the company states otherwise in writing.

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

Article 15 – Disputes

Agreements between the company and the consumer to which these terms and conditions apply are exclusively governed by English law, even if the consumer resides abroad.