Terms of service

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise their right of withdrawal.

Consumer: the natural person who is not acting 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 relating to a series of products and/or services for which the delivery and/or purchase obligation is spread over time.

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

Right of withdrawal: the consumer's option 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: a contract concluded within the framework of a system organised by the entrepreneur for distance selling 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: means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same space.

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

Article 2 – Identity of the Entrepreneur

Company Name: BH Service
Trade Name: Cherish & Co.
Company Registration Number (KVK): 80276156
VAT Number (NL): NL003417512B98
Email Adress: support@cherish-co.uk
Phone: +31855055189
Registered Company Address: Rendementsweg 20A, Mijdrecht, 3641 SL, Netherlands Warehouse Address: GLP Logistics Park, 404, 4th Floor, Zhenxing North Road, Jianggao Town, Baiyun District, Guangzhou City, China

Article 3 – Applicability

These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order 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 reasonably not possible, prior to the conclusion of the distance contract it will be indicated that the general terms and conditions can be inspected and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions will be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is reasonably not possible, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge upon request.

If, in addition to these general terms and conditions, specific product or service conditions also apply, and in the case of conflicting conditions, the consumer can always rely on the applicable provision that is most favourable to them.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the contract and these terms and conditions will otherwise remain in force, and the relevant provision will be replaced in mutual consultation without delay by a provision that approximates the purport of the original as closely as possible.

Situations not provided for in these general terms and conditions shall be assessed in the spirit of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is made subject to 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 a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

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

Images accompanying products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colours displayed correspond exactly to the actual colours 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 any applicable import duties or customs fees. These additional costs will be for the customer's account and risk. As goods are shipped from outside the UK, customs or import charges may be applied by the relevant postal or courier service upon entry into the United Kingdom.

  • Any shipping costs.

  • The manner in which the contract will be concluded and which actions are required for that purpose.

  • Whether or not the right of withdrawal applies.

  • The method of payment, delivery, and performance of the contract.

  • The period for accepting the offer, or the period within which the entrepreneur guarantees the price.

  • Whether the contract will be archived after its conclusion, and if so, how it can be consulted by the consumer.

  • The way in which the consumer, before concluding the contract, can check and, if desired, rectify the data they have provided.

  • Any other languages in which the contract may be concluded.

  • The minimum duration of the distance contract in the event of a continuing performance contract.

Article 5 – The Contract

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

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as 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 transmission of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may — within legal frameworks — ascertain whether the consumer can meet their payment obligations. If, based on this, the entrepreneur has good reasons not to enter into the contract, they are entitled to refuse an order or attach special conditions to the performance.

The entrepreneur will provide the consumer with the following information, in writing or in a format that can be stored on a durable data carrier:

  • The address where the consumer can lodge complaints.

  • The conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of that right.

  • Information on guarantees and existing after-sales service.

  • The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

Each contract is concluded subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to withdraw from the contract without giving reasons within 14 days. This cooling-off period starts on the day after the product is received by the consumer or by a representative previously designated by the consumer.

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it.

If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product by means of a written message or email. After notification, the consumer must return the product within 14 days. The consumer must be able to provide proof that the goods were returned on time, for example by means of proof of shipment.

If the consumer has not indicated their wish to withdraw or has not returned the product within the applicable periods, the purchase is considered final.

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products are for the consumer's account.

If the consumer has already paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal — provided the product has been received back or conclusive proof of return has been provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for the following products, provided this is clearly stated before the conclusion of the contract:

  • Products created in accordance with the consumer's specifications.

  • Products that are clearly of a personal nature.

  • Products that cannot be returned by their nature.

  • Products that can spoil or age quickly.

  • Products whose price is subject to fluctuations in the financial market outside the entrepreneur's control.

  • Sealed audio, video recordings, or computer software where the consumer has broken the seal.

  • Hygienic products where the consumer has broken the seal.

The right of withdrawal may also be excluded for services:

  • Relating to accommodation, transport, restaurant services, or leisure activities to be carried out on a specific date or during a specific period.

  • For which delivery has begun with the express consent of the consumer before the cooling-off period has expired.

  • Relating to bets and lotteries.

Article 9 – The Price

During the period of validity stated in the offer, prices will not be increased, except for 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 or provisions.

Price increases more than 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and either they result from statutory regulations, or the consumer has the right to terminate the contract as of the day the price increase takes effect.

As goods are shipped from outside the United Kingdom, import VAT and/or customs clearance costs may be collected from the consumer by the postal or courier service upon delivery. Cherish-Co will not charge UK VAT on orders.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of a pricing error, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that products comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and usability, and applicable statutory provisions and regulations at the time the contract was concluded.

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 warranty does not apply if:

  • The consumer has repaired or modified the products themselves or had them repaired by third parties.

  • The products have been exposed to abnormal conditions or handled contrary to the entrepreneur's instructions.

  • The defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur will exercise the greatest possible care when receiving and executing orders.

The place of delivery is the address provided by the consumer at the time of ordering.

Accepted orders will be executed as quickly as possible, and at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or cannot be fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any applicable compensation.

In the event of dissolution, the entrepreneur will refund any amount paid by the consumer as soon as possible, and no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will endeavour to offer a suitable replacement. This will be clearly communicated upon delivery. The right of withdrawal applies to replacement items and any return costs are for the entrepreneur's account.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.

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

Termination The consumer may terminate a contract concluded for an indefinite period at any time, with a notice period of no more than one month.

The consumer may terminate a contract concluded for a definite period at the end of the fixed term, with a notice period of no more than one month.

The consumer may always:

  • Terminate with the same notice period as stipulated by the entrepreneur.

  • Terminate in the same manner in which the contract was entered into.

Renewal A contract concluded for a definite period relating to the regular delivery of products may not be tacitly renewed for a further definite period.

A contract may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period. In the case of a service contract, this period starts after the consumer has received confirmation of the contract.

The consumer has the obligation to report inaccuracies in payment details to the entrepreneur without delay.

In the event of non-payment, the entrepreneur has the right to charge the consumer reasonable costs, subject to statutory limitations, provided these have been communicated in advance.

Article 14 – Complaints Procedure

Complaints about the performance of the contract must be submitted to the entrepreneur fully and clearly within 7 days of the consumer discovering the issue.

Complaints will be answered within 14 days of receipt. If a complaint requires a longer processing time, the entrepreneur will acknowledge receipt within 14 days and provide an indication of when a more detailed response can be expected.

If a complaint cannot be resolved by mutual agreement, the matter will be subject to the applicable dispute resolution procedure.

A complaint does not suspend the entrepreneur's obligations unless otherwise indicated in writing.

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

Article 15 – Disputes

These general terms and conditions and any contracts between the entrepreneur and the consumer are governed by the laws of England and Wales. Any disputes that cannot be resolved by mutual agreement may be submitted to the appropriate courts of England and Wales, or to an approved alternative dispute resolution (ADR) scheme where applicable.

Consumers in the United Kingdom also retain all statutory rights afforded to them under UK consumer protection legislation, including the Consumer Rights Act 2015.

Article 16 – Payment Data & Compliance

In accordance with applicable payment services regulations, payment service providers may be required to record and report transaction data to relevant financial authorities. By placing an order with Cherish & Co, the consumer acknowledges that their payment data may be processed in accordance with these regulatory obligations.