Terms of Service
TERMS OF SERVICE
Article 1 – Definitions
In these Terms, the following definitions apply:
Cooling-off period: the period within which the consumer can make use of their right of withdrawal;
Consumer: a natural person who is not acting for purposes related to their trade, business, craft or profession and who enters into a distance contract with the Company;
Day: calendar day;
Continuing performance contract: 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 medium: any tool that enables the consumer or the Company to store information addressed to them personally in a way that allows future reference and unaltered reproduction of the stored information;
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
Company / trader: the natural or legal person offering products and/or services to consumers at a distance;
Distance contract: a contract concluded exclusively through one or more means of distance communication, as part of a system organized by the Company for the distance sale of products and/or services;
Means of distance communication: any means that can be used to conclude a contract without the consumer and the Company being physically present in the same location at the same time;
Terms: these present Terms of Service of the Company.
Article 2 – Identity of the Company
Store name: Alice's Copper
Website: alicescopper.com
Email: info@alicescopper.com
Article 3 – Applicability
These Terms 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 will be made available to the consumer. If this is not reasonably possible, the Company will indicate, before the contract is concluded, how the Terms can be reviewed and that they will be sent free of charge on request.
If specific product or service terms apply in addition to these Terms, and there is a conflict between them, the consumer may always rely on whichever applicable provision is most favorable to them.
If any provision of these Terms is found to be invalid or void, the remainder of the contract and these Terms will remain in force, and the provision in question 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 the spirit" of these Terms.
Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The Company is entitled to modify and amend the offer.
The offer contains a complete and accurate description of the products and/or services offered, in sufficient detail to allow a proper assessment of the offer by the consumer. Images used are a truthful representation of the products offered; the Company cannot guarantee that displayed colors exactly match the actual colors of the products. Obvious mistakes or errors in the offer do not bind the Company.
Each offer contains information that makes clear to the consumer what rights and obligations are attached to accepting the offer, in particular: the price (excluding customs clearance costs and import VAT, which are the customer's responsibility — see Article 11); any shipping costs; how the contract will be concluded; whether the right of withdrawal applies; the method of payment, delivery and performance of the contract; the period for accepting the offer; the price of using the means of distance communication if calculated on a basis other than the regular standard rate; and, in the case of a continuing performance contract, its minimum duration.
Article 5 – The contract
The contract is concluded, subject to Article 4, at the moment the consumer accepts the offer and satisfies the applicable conditions.
If the consumer has accepted the offer electronically, the Company will promptly confirm electronic receipt of that acceptance. Until this receipt is confirmed, the consumer may dissolve the contract.
If the contract is concluded electronically, the Company will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment; the same applies to electronic payment.
The Company may, within legal limits, verify whether the consumer can meet their payment obligations, and may refuse an order or attach special conditions to it on reasonable grounds arising from that assessment.
Every contract is entered into subject to the condition of sufficient availability of the relevant products.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the right to dissolve the contract without giving any reason for a period of 14 days. This cooling-off period begins on the day after the consumer (or a representative designated in advance by the consumer) receives the product.
During the cooling-off period, the consumer will handle the product and its packaging with care, only unpacking or using it to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they will return the product, with all accessories supplied and, where reasonably possible, in its original condition and packaging, in accordance with the Company's reasonable and clear instructions.
A consumer wishing to exercise the right of withdrawal must notify the Company in writing (e.g. by email) within 14 days of receiving the product, and must then return the product within 14 days of that notification. The consumer bears the burden of proving that the goods were returned on time, for example via proof of shipment.
If the consumer does not notify the Company of their wish to withdraw, or does not return the product, within the periods described above, the sale is final.
Article 7 – Costs in the event of withdrawal
If the consumer exercises the right of withdrawal, the cost of returning the product is borne by the consumer.
If the consumer has made a payment, the Company will refund this amount as soon as possible, and no later than 14 days after withdrawal, provided the product has been received back or conclusive proof of complete return shipment has been provided.
Article 8 – Exclusion of the right of withdrawal
The Company may exclude the consumer's right of withdrawal for the products described below, provided this exclusion was clearly stated in the offer, or in good time before the contract was concluded.
Exclusion of the right of withdrawal is only possible for products that: (1) are made to the consumer's specifications; (2) are clearly personal in nature; (3) cannot be returned by their nature; (4) can spoil or deteriorate quickly; (5) have a price linked to fluctuations in the financial market that the Company cannot influence; (6) are loose newspapers or magazines; (7) are audio or video recordings or computer software whose seal the consumer has broken; (8) are hygiene products whose seal the consumer has broken.
Article 9 – Price
During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes resulting from changes in VAT rates.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations. Price increases from 3 months after the conclusion of the contract are only permitted if the Company has stipulated this and either the increase results from statutory regulations, or the consumer has the right to cancel the contract as of the day the price increase takes effect.
Some products may be shipped directly from a supplier located outside the European Union. Where this applies, the Company does not charge VAT on the sale; instead, import VAT and/or customs clearance costs are collected from the customer by the delivery carrier upon import, in accordance with the applicable customs regime for goods entering the EU. These charges are not included in the purchase price and are the customer's responsibility.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors, and the Company is not obliged to deliver a product at an incorrectly stated price.
Article 10 – Conformity and warranty
The Company warrants that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the contract was concluded.
Any warranty provided by the Company, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the Company on the basis of the contract.
Any defects or incorrectly delivered products must be reported to the Company in writing within 14 days of delivery. Returned products must be sent back in their original packaging and in new condition. The Company's warranty period corresponds to the manufacturer's warranty period. The Company is never responsible for the ultimate suitability of the products for any individual use by the consumer, nor 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 had this done by third parties; the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the Company's instructions or the instructions on the packaging; or the defect is wholly or partly the result of regulations that government authorities have imposed or will impose regarding the nature or quality of the materials used.
Article 11 – Delivery and performance
The Company will take the greatest possible care when receiving and executing orders for products. The place of delivery is the address that the consumer has made known to the Company.
The Company will process accepted orders with due speed and no later than within 14 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 14 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge, and to any applicable compensation.
If delivery of an ordered product proves impossible, the Company will make an effort to make a replacement item available. This will be clearly communicated no later than at the time of delivery, and the right of withdrawal is not excluded for replacement items; the cost of any return shipment in that case is borne by the Company.
The risk of damage and/or loss of products rests with the Company until the moment of delivery to the consumer or a pre-designated representative, unless expressly agreed otherwise. For international shipments where products are sent directly from a supplier located outside the European Union, the Company is not responsible for risks associated with transport, import, customs clearance, or delays caused by external parties. Products shipped from outside the EU may be subject to import duties, VAT or other charges levied by customs authorities; these are not included in the purchase price and are entirely the customer's responsibility. The consumer acknowledges that delays can occur with international shipments, and that any related additional costs (such as customs or delay-related costs) are for the consumer's own account, as the Company has no influence over external parties such as customs authorities or carriers.
Article 12 – Continuing performance contracts: duration, termination and renewal
A consumer may terminate a contract of indefinite duration for the regular delivery of products or services at any time, subject to the agreed termination rules and a notice period of no more than one month. A contract of definite duration for the regular delivery of products or services may be terminated by the consumer at any time as of the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
A contract of definite duration for the regular delivery of products or services may not be tacitly renewed or extended for a definite period. A contract of definite duration may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month.
If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period referred to in Article 6.
The consumer has a duty to promptly report any inaccuracies in payment details provided or stated to the Company.
In the event of non-payment by the consumer, the Company has the right, subject to statutory limitations, to charge reasonable costs that have been made known to the consumer in advance.
Article 14 – Complaints procedure
Complaints about the performance of the contract must be submitted to the Company fully and clearly described within 7 days of the consumer discovering the defects.
Complaints submitted to the Company will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the Company will reply within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
If a complaint cannot be resolved by mutual agreement, a dispute arises. A complaint does not suspend the Company's obligations, unless the Company indicates otherwise in writing. If a complaint is found to be justified, the Company will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 – Governing law and disputes
These Terms, and any contract between the Company and a consumer to which these Terms apply, are governed by the laws of Ireland and/or other applicable European Union law, without prejudice to any mandatory consumer-protection provisions of the country in which the consumer is resident.
Article 16 – Payment data reporting (CESOP)
As part of EU-wide measures introduced from 2024 onward to combat VAT fraud in cross-border e-commerce (the Central Electronic System of Payment information, "CESOP"), payment service providers may be required to record and report certain payment data to the relevant tax authorities in accordance with applicable EU regulations.