Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Reflection period: the period within which the consumer can exercise their right of withdrawal;

  • Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

  • Day: calendar day;

  • Continuing performance contract: a distance contract concerning 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 that is personally addressed to them in a way that allows future consultation and unchanged reproduction of the stored information;

  • Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;

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

  • Distance contract: an agreement concluded in the context of an organized system by the entrepreneur for the distance sale of products and/or services, whereby one or more remote communication techniques are used exclusively up to and including the conclusion of the agreement;

  • Remote communication technique: means that can be used to conclude a contract without the consumer and entrepreneur being in the same room at the same time;

  • General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company name: mOnline
Chamber of Commerce number: 91369037
Trade name: mOnline
VAT number: NL004886686B87
Customer service email: info@portman-london.co.uk
Business address: 

Sophiastraat 18 A
4811EK Breda
Nederland

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and order concluded between entrepreneur and consumer.

Before a distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms can be viewed and that they will be sent free of charge to the consumer upon request.

If the distance contract is concluded electronically, the text of these terms and conditions may be made available electronically in a way that the consumer can easily store on a durable data carrier. If not reasonably possible, the consumer shall be informed where they can consult the terms and that they will be sent electronically or otherwise free of charge upon request.

If, in addition to these general terms, specific product or service conditions apply, the second and third paragraphs apply accordingly. In case of conflicting conditions, the consumer can always rely on the provision most favorable to them.

If any provision in these general terms is null or annulled, the remaining provisions shall remain in full force. The void or annulled provision will be replaced by a provision that best approximates its intent.

Situations not provided for in these terms must be assessed ‘in the spirit’ of these terms.

Uncertainties regarding the interpretation or content of one or more provisions must also 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 entrepreneur is entitled to change or amend the offer.

The offer includes a complete and accurate description of the products/services. Images used are truthful representations. Obvious errors or mistakes do not bind the entrepreneur.

Images and data in the offer are indicative and do not give rights to compensation or dissolution.

Product images are true representations but colors may slightly differ from reality.

Each offer clearly states the rights and obligations tied to its acceptance, such as:

  • Price (excluding import duties and VAT which are the responsibility of the customer);

  • Any shipping costs;

  • The method by which the agreement is concluded and necessary steps;

  • Whether the right of withdrawal applies;

  • Payment, delivery, and execution methods;

  • Deadline for offer acceptance or price guarantee;

  • Costs of remote communication if different from base rate;

  • Whether and how the contract is archived;

  • How the consumer can verify and correct data before the agreement is concluded;

  • Available languages for the contract;

  • Codes of conduct the entrepreneur follows;

  • Minimum contract duration for continuing performance contracts;

  • Optional: available sizes, colors, materials.

Article 5 – The Agreement

The contract is concluded when the consumer accepts the offer and meets the conditions.

If the offer was accepted electronically, the entrepreneur confirms receipt without delay. Until this confirmation, the consumer can dissolve the contract.

When concluded electronically, the entrepreneur secures data transmission and ensures a safe web environment.

The entrepreneur may investigate whether the consumer can meet payment obligations and other relevant factors. If there are valid reasons not to enter into the agreement, they may refuse or attach conditions.

With the delivery of the product or service, the entrepreneur shall provide:

  • Address for complaints;

  • Conditions and method for withdrawal;

  • Information on warranty and after-sales service;

  • Article 4(3) data unless already provided;

  • Termination requirements for long-term or indefinite contracts.

For continuing performance contracts, this only applies to the first delivery.

All contracts are subject to product availability.

Article 6 – Right of Withdrawal

Consumers can withdraw within 30 days without stating reasons. This starts the day after receiving the product.

During this period, the consumer must treat the product and packaging with care and may only use it to determine if they wish to keep it. If using the right of withdrawal, the product must be returned in its original condition with all accessories, where reasonably possible.

The consumer must notify the entrepreneur of withdrawal within 30 days in writing or by email and return the product within 30 days of notification. Proof of return must be provided (e.g., shipment receipt), even if returned to a supplier in China.

If the consumer fails to notify or return the product within these timeframes, the purchase is final.

Article 7 – Costs in Case of Withdrawal

Return costs are entirely the consumer’s responsibility, including potential return shipping to the country of origin (e.g., China).

Refunds, if applicable, are issued within 30 days of withdrawal, conditional on receipt of the returned product or sufficient evidence of return.

Article 8 – Exclusion of Withdrawal Right

Withdrawal may be excluded for products:

  • Made to consumer specifications;

  • Clearly personal in nature;

  • Not suitable for return due to their nature;

  • Perishable or rapidly aging;

  • With fluctuating prices beyond the entrepreneur’s control;

  • Newspapers or magazines;

  • Audio/video software with broken seals;

  • Hygiene products with broken seals.

And for services:

  • Involving accommodation, transport, catering, or leisure at a specific date;

  • Started with consumer consent before reflection period ended;

  • Related to betting or lotteries.

Exclusion is only valid if clearly stated in the offer before contract formation.

Article 9 – Pricing

Prices remain fixed during the offer period, except for VAT changes.

Variable pricing is allowed for market-dependent products/services and must be noted.

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

Price increases after 3 months are only allowed if the entrepreneur reserved this right, and:

  • It's due to legal rules; or

  • The consumer can cancel the agreement.

Deliveries from outside the EU may incur import VAT and customs charges. The entrepreneur does not charge VAT in these cases.

Errors in pricing (e.g., misprints) do not bind the entrepreneur.

Article 10 – Conformity and Warranty

The entrepreneur ensures the product/service complies with the contract, reasonable usability, and relevant legal standards.

Manufacturer’s warranties do not affect statutory rights.

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

Warranty is void if:

  • The product was modified/repaired by the consumer or third party;

  • Misused or treated improperly;

  • Damage results from legal/regulatory materials requirements.

Article 11 – Delivery and Execution

The entrepreneur handles orders with care.

Delivery address is as provided by the consumer.

Orders are executed within 30 days unless a longer period is accepted. If delayed, the consumer is informed and may cancel without cost.

If canceled, a refund will be processed within 30 days.

If a product is unavailable, a replacement may be offered, with a clear explanation and no impact on the right of withdrawal. Return costs for replacements are covered by the entrepreneur.

Risk transfers to the consumer upon delivery, unless otherwise agreed.

Article 12 – Continuing Performance Contracts: Duration, Termination, and Renewal

Termination:

  • Indefinite contracts: cancel anytime with max 1-month notice.

  • Fixed-term contracts: cancel at end of term with max 1-month notice.

Consumers can cancel:

  • At any time;

  • By the same method as contract initiation;

  • With the same notice period as the entrepreneur uses.

Renewal:

  • Fixed-term contracts may not auto-renew, except:

    • Newspaper/magazine subscriptions may renew for 3 months max.

    • Consumer can cancel anytime during extension with 1-month notice.

    • Other renewals must allow cancellation at any time (max 1-month notice).

    • Trial subscriptions end automatically.

Duration:

Contracts over one year can be canceled by the consumer after one year with max 1-month notice.

Article 13 – Payment

Unless otherwise agreed, consumer payments are due within 7 days after the reflection period.

For service contracts, the period starts after confirmation of the agreement.

Consumers must correct payment data errors immediately.

In case of non-payment, reasonable collection costs may be charged.

Article 14 – Complaints Procedure

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

Complaints submitted to the entrepreneur will be answered within a period of 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 30-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.

If a complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.

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

Article 15 – Disputes

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

 

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