Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during 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 who enters into a distance contract with the entrepreneur;

Day: calendar day;

Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;

Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;

Technique for distance communication: any means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same place.

Article 2 – Applicability

These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance agreement concluded and orders placed between the entrepreneur and the consumer.

Before the distance agreement is concluded, the text of these General Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated, before the distance agreement is concluded, that the General Terms and Conditions can be inspected at the premises of the entrepreneur and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance agreement is concluded electronically, then, notwithstanding the previous paragraph and before the distance agreement is concluded, 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 data carrier. If this is not reasonably possible, it shall be indicated, before the distance agreement is concluded, where the General Terms and Conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.

In the event that specific product or service conditions also apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him.

If one or more provisions of these General Terms and Conditions are at any time wholly or partially null and void or are annulled, the agreement and these conditions shall otherwise remain in force, and the relevant provision shall be replaced without delay, by mutual agreement, with a provision that approximates the intent of the original as closely as possible.

Situations not covered by these General Terms and Conditions shall be assessed in accordance with the spirit of these General Terms and Conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our terms shall be interpreted in accordance with the spirit of these General Terms and Conditions.

Article 3 – The Offer

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

The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

All images, specifications, and data 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. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This particularly concerns:

  • the price, excluding customs clearance costs and import VAT. These additional costs shall be borne by the customer at their own expense and risk. The postal and/or courier service will apply the special scheme for postal and courier services with regard to imports. This scheme applies when goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects VAT (whether or not together with charged customs clearance costs) from the recipient of the goods;

  • any shipping costs;

  • the manner in which the agreement will be concluded and the actions required for this;

  • whether or not the right of withdrawal applies;

  • the method of payment, delivery, and performance of the agreement;

  • the period for acceptance of the offer or the period within which the entrepreneur guarantees the price;

  • the rate for distance communication if the costs of using distance communication technology are calculated on a basis other than the regular basic rate;

  • whether the agreement will be archived after its conclusion and, if so, how it can be accessed by the consumer;

  • how the consumer can check and, if desired, correct the information provided before concluding the agreement;

  • any other languages in which the agreement can be concluded, besides Dutch;

  • the codes of conduct to which the entrepreneur is subject and how the consumer can consult these electronically; and

  • the minimum duration of the distance agreement in the case of a continuing transaction.

Optional: available sizes, colors, types of materials.

Article 4 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance electronically. As long as receipt of this acceptance has not been confirmed, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur 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, appropriate security measures shall be observed.

Within legal frameworks, the entrepreneur may assess whether the consumer can meet their payment obligations, as well as all relevant facts and factors necessary for responsibly entering into a distance agreement. If the entrepreneur has good grounds not to conclude the agreement based on this investigation, they are entitled to refuse an order or request with reasons or attach special conditions to its execution.

The entrepreneur shall provide the consumer with the following information, in writing or in a manner that allows the consumer to store it accessibly on a durable data carrier:

  • the business address where complaints can be submitted;

  • the conditions and method for exercising the right of withdrawal, or a clear statement regarding exclusion of this right;

  • information on guarantees and after-sales service;

  • the data included in Article 4 paragraph 3 of these terms, unless already provided before performance;

  • requirements for terminating agreements of more than one year or indefinite duration.

For continuing transactions, the above applies only to the first delivery.

Each agreement is entered into subject to sufficient availability of the products concerned.

Article 5 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the agreement without giving reasons within 30 days. This cooling-off period begins on the day after receipt of the product by the consumer or their designated representative.

During the cooling-off period, the consumer must handle the product and packaging carefully. The product may only be unpacked or used as necessary to assess whether it will be kept. If exercising the right of withdrawal, the product must be returned with all accessories and, if reasonably possible, in original condition and packaging.

The consumer must notify the entrepreneur in writing (e.g., email) within 30 days after receipt if they wish to exercise the right of withdrawal. After notification, the product must be returned within 30 days. The consumer must prove timely return, for example via proof of shipment.

If the consumer fails to notify or return within these periods, the purchase becomes final.

Article 6 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, return shipping costs are borne by the consumer.

If payment has been made, the entrepreneur shall refund the amount as soon as possible, but no later than 30 days after withdrawal, provided the product has been received back or proof of complete return has been provided.

Article 7 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for products described below, provided this is clearly stated in the offer before conclusion.

Exclusion is only possible for products:

  • made to the consumer’s specifications;

  • clearly personal in nature;

  • which cannot be returned due to their nature;

  • that spoil or age quickly;

  • whose price depends on financial market fluctuations;

  • loose newspapers and magazines;

  • audio/video recordings or software with broken seals;

  • hygienic products with broken seals.

Exclusion is only possible for services:

  • relating to accommodation, transport, catering, or leisure on specific dates;

  • where performance began with the consumer’s explicit consent before the cooling-off period expired;

  • relating to betting and lotteries.

Article 8 – The Price

During the validity period stated, prices will not increase, except due to VAT changes.

Products subject to financial market fluctuations may have variable prices. This will be stated.

Price increases within 3 months after conclusion are only allowed if required by law.

After 3 months, increases are allowed only if stipulated and:

  • required by law; or

  • the consumer may terminate effective the date of increase.

Delivery takes place in the country where transport begins. In this case, delivery occurs outside the EU. Import VAT and/or customs clearance costs will be collected by the courier. Therefore, the entrepreneur does not charge VAT.

All prices are subject to typographical errors. No liability is accepted for such errors.

Article 9 – Identity of the Entrepreneur

Company name: House of Aurel
Business address: 
Email: info@houseofaurel.com
Chamber of Commerce number: Z1562310V
VAT identification number: ESZ1562310V

Article 10 – Conformity and Warranty

The entrepreneur guarantees that products/services comply with the agreement, stated specifications, reasonable standards of usability, and applicable laws.

Manufacturer warranties do not affect statutory rights.

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

The warranty period equals the manufacturer’s warranty. The entrepreneur is not responsible for suitability for individual use.

Warranty does not apply if:

  • products were repaired/modified by the consumer or third parties;

  • products were exposed to abnormal conditions or mishandled;

  • defects result from government regulations.

Article 11 – Delivery and Execution

Orders will be executed with due care.

Delivery address is the one provided by the consumer.

Orders are executed within 30 days unless otherwise agreed. Delays entitle the consumer to dissolve the agreement and claim compensation.

Refunds after dissolution occur within 30 days.

If delivery is impossible, a replacement may be offered. Return costs of replacements are borne by the entrepreneur.

Risk transfers upon delivery.

Article 12 – Duration Transactions

The consumer may terminate indefinite agreements at any time with one month’s notice.

Fixed-term agreements may be terminated at the end of the term with one month’s notice.

Extensions are regulated as described, including special rules for newspapers/magazines.

Agreements longer than one year may be terminated after one year with one month’s notice.

Article 13 – Payment

Unless agreed otherwise, payment must be made within 7 working days after the cooling-off period begins.

The consumer must report payment errors immediately.

In case of default, reasonable costs may be charged.

Article 14 – Complaints Procedure

Complaints must be submitted within 7 days after discovery.

They will be answered within 30 days.

Unresolved complaints may lead to a dispute.

Complaints do not suspend obligations unless stated.

Valid complaints result in repair or replacement.

Article 15 – Disputes and Applicable Law

These General Terms and Conditions and any agreements between the entrepreneur and the consumer to which these terms apply shall be exclusively governed by Spanish law.

If the consumer resides in another EU Member State, the consumer shall also retain the protection afforded by mandatory provisions of the law of their country of residence, in accordance with Regulation (EU) No 1215/2012 and Regulation (EC) No 593/2008 (Rome I).

Any disputes arising from or related to the agreement shall be submitted to the competent courts of the entrepreneur’s place of establishment in Spain, unless mandatory consumer law provides otherwise.

In accordance with EU Regulation No 524/2013, consumers may also submit disputes via the European Online Dispute Resolution (ODR) platform:
https://ec.europa.eu/consumers/odr

Article 16 – CESOP and Tax Reporting Obligations

In accordance with Spanish tax legislation implementing Council Directive (EU) 2020/284 and Regulation (EU) 2020/283 regarding the Central Electronic System of Payment Information (CESOP), payment service providers operating within the European Union may be required to collect, retain, and report cross-border payment data to the Spanish Tax Agency (Agencia Tributaria).

These reporting obligations apply to payment service providers and not directly to consumers