Terms of service
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 does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuous transaction: a distance contract relating to a series of products and/or services, for which the obligation to supply and/or purchase is spread over time;
Durable medium: any tool that enables the consumer or entrepreneur to store information directed to them personally in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the ability for the consumer to withdraw from 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: an agreement concluded within the framework of a system organised by the entrepreneur for distance selling of products and/or services, using exclusively one or more techniques for distance communication up to the conclusion of the agreement;
Technique for distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur meeting simultaneously in the same place;
General terms and conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Company name: Thompson Oxford Customer Service email: info@thompson-oxford.com
Article 3 – Applicability
These general terms and conditions apply to all offers of the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract that the general terms and conditions are available at the entrepreneur and will be sent free of charge to the consumer upon request.
If the distance contract is concluded electronically, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available electronically to the consumer in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the general terms and conditions can be consulted electronically and that they will be sent free of charge upon request electronically or otherwise.
In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply, and the consumer can always invoke the most favourable provision in the event of conflicting general terms and conditions.
If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions will remain in force for the rest, and the provision in question will be replaced by mutual agreement with a provision that comes closest to the purpose of the original.
Situations not regulated in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.
Ambiguities about the interpretation or content of one or more provisions of our terms and conditions must be interpreted "in the spirit" of these general terms and conditions.
Article 4 – The Offer
If an offer is subject to a limited period of validity or is made under certain conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change 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 enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or termination of the agreement.
Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This particularly concerns:
the price, excluding any customs duties and import VAT. These additional costs are the responsibility and risk of the customer. The postal service and/or courier will apply the special regime for postal and courier services regarding import. This regime applies if the goods are imported into the EU destination country in question. The postal service and/or courier collects VAT (possibly together with any customs duties charged) from the recipient of the goods;
any shipping costs;
the manner in which the agreement will be concluded and what actions are required to do so;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the amount of the tariff for distance communication if the costs for using the distance communication technique are calculated on a basis other than the regular basic tariff for the communication medium used;
whether the agreement will be archived after its conclusion, and if so, in what way it can be consulted by the consumer;
the way in which the consumer can check and, if desired, correct the data provided by them before the conclusion of the agreement;
any other languages besides English in which the agreement can be concluded;
the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a continuous transaction. Optional: available sizes, colours, types of materials.
Article 5 – The Contract
The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the stipulated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within the legal framework, gather information about whether the consumer can fulfil their payment obligations, as well as all those facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has sound reasons not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
The entrepreneur will send the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, to the consumer along with the product or service:
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 existing after-sales services and guarantees;
the information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before executing the agreement;
the requirements for terminating the agreement if the contract has a duration of more than one year or is indefinite.
In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.
Every contract is concluded under the suspensive condition of sufficient availability of the products concerned.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This cooling-off period starts the day after the consumer, or a third party designated by the consumer in advance and communicated to the entrepreneur, receives the product.
During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. The consumer must notify the entrepreneur in writing or via email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must prove that the delivered products have been returned on time, for example, by providing proof of dispatch.
If the consumer has not expressed their intention to exercise their right of withdrawal within the terms specified in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs for returning the products are borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition is that the product has already been received by the entrepreneur or conclusive evidence of a complete return can be provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur clearly states this in the offer or at least in a timely manner before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products:
that have been manufactured by the entrepreneur according to the consumer’s specifications;
that are clearly of a personal nature;
that by their nature cannot be returned;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market that the entrepreneur cannot influence;
for loose newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygiene products where the consumer has broken the seal.
The exclusion of the right of withdrawal is only possible for services:
relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
whose delivery has started with the explicit consent of the consumer before the end of the cooling-off period;
relating to bets and lotteries.
Article 9 – The Price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates or other statutory charges.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that the entrepreneur cannot influence, at variable prices. This dependence on fluctuations and the fact that any prices listed are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
they are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the agreement on the day the price increase takes effect.
The place of delivery is deemed to be the country where the transportation begins in accordance with the VAT Act of 1968, Article 5(1). In this case, delivery occurs outside the EU. Consequently, the postal service or courier will charge the recipient import VAT or customs fees. Therefore, the entrepreneur will not charge VAT.
All prices are subject to printing and typographical errors. No liability will be accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Guarantee
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and existing statutory provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The guarantee period offered by the entrepreneur corresponds to the manufacturer’s guarantee period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:
The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or the packaging;
The defect is entirely or partially the result of regulations that the government has introduced or will introduce regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has provided to the company.
Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders promptly but no later than 30 days, unless a longer delivery period has been agreed with the consumer. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement without charge and is entitled to any compensation.
In the event of termination under the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 14 days after termination.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement product. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement product is being provided. Replacement products do not exclude the right of withdrawal. The costs of any return shipment will be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 – Continuous Transactions: Duration, Termination, and Renewal
Termination
The consumer may terminate an agreement entered into for an indefinite period, and which includes the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a fixed period, and which includes the regular delivery of products (including electricity) or services, at any time at the end of the fixed period with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the preceding paragraphs:
at any time and not be restricted to termination at a specific time or during a specific period;
at least in the same way as they were entered into;
always with the same notice period as the entrepreneur has stipulated for themselves.
Renewal
An agreement entered into for a fixed period, and which includes the regular delivery of products (including newspapers and magazines) or services, cannot be tacitly renewed or extended for a fixed period.
Contrary to the previous paragraph, an agreement entered into for a fixed period, and which includes the regular delivery of daily and weekly newspapers and magazines, may be tacitly renewed for a fixed period of no more than three months, if the consumer can terminate this renewed agreement at the end of the renewal with a notice period of no more than one month.
An agreement entered into for a fixed period, and which includes the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer can terminate 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 the regular delivery, but less than once a month, of daily, weekly, and monthly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, weekly, and monthly newspapers and magazines as a trial or introductory subscription will not be tacitly continued and will end automatically at the end of the trial or introductory period.
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.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received the confirmation of the agreement.
The consumer is obliged to report any inaccuracies in payment details provided or stated immediately to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to statutory limitations, to charge the consumer reasonable costs that were made known in advance.
Article 14 – Complaints
Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, it becomes a dispute subject to dispute resolution.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is well-founded, the entrepreneur will, at their discretion, 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 UK law, even if the consumer resides abroad.
Article 16 – CESOP
Due to the measures introduced and reinforced from 2024 regarding the "Amendment of the VAT Act of 1968 (Implementation Act on Payment Service Providers)" and thus the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may record information in the European CESOP system.
Article 17 - Customs and Import Costs