Conditions

Terms and Conditions

 

Contents:
Article 1 - Definitions
Article 2 - Identity of the company
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of cancellation
Article 7 - Costs in case of cancellation
Article 8 - Exclusion of the right of cancellation
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and implementation
Article 12 - Ongoing performance agreements: duration, termination, and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Supplementary or deviating provisions

 

Article 1 - Definitions
The following definitions apply in these general terms and conditions:
1. Cooling-off period: the time the customer has to decide if they want to invoke their right of cancellation;
2. Customer: a natural person not acting as a professional or a company representative who engages in a remote sales agreement with the company;
3. Day: calendar day;
4. Ongoing performance agreement: a remote sales agreement for a series of products and/or services with an obligation to deliver or purchase said items in installments over time;
5. Permanent data carrier: any resource that enables the customer or company to store information personally addressed to them in a way that facilitates future access to and unaltered reproduction of the stored information;
6. Right of cancellation: the option for the customer to cancel the remote sales agreement within the cooling-off period;
7. Model form: the model form for cancelling the agreement that the company provides for a customer to complete if they want to exercise their right of cancellation;
8. Company: the natural person or legal entity that offers products and/or services to customers from a remote location;
9. Remote sales agreement: an agreement whereby one or more long-distance communication technologies are used exclusively up to and including the conclusion of the agreement, in the context of a system organized by the company for remote sales of products and/or services;
10. Long-distance communication technology: resource that can be used to conclude an agreement without the customer and the company representative being in the same physical space at the same time;
11. General Terms and Conditions: these General Terms and Conditions of the company.

 

Article 2 - Identity of the company
H.O.P. | House of Products B.V.;
Ondernemingsweg 17;
3641 RZ Mijdrecht
The Netherlands

Tel: +31 (0) 88 7127000
Email: customerservice@houseofproducts.com
Chamber of Commerce number: 33225165
VAT: NL800835803B01

Article 3 - Applicability
1. These general terms and conditions apply to each offer made by the company and to any concluded remote sales agreement and to orders between the company and the customer.
2. Before the remote sales agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be stated before the remote sales agreement is concluded that the general terms and conditions are available for review at the company and will be sent to the customer free of charge as soon as possible at the customer’s request.
3. If the remote sales agreement is concluded electronically, it is possible, notwithstanding the previous paragraph and before the remote sales agreement is concluded, for the text of these general terms and conditions to be made available to the customer electronically in such a way that the customer can easily store it on a permanent data carrier. If this is not reasonably possible, it will be stated where the general terms and conditions can be reviewed electronically, and that they will be sent to the customer free of charge electronically or otherwise at the customer’s request.
4. In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraph are similarly applicable; in the event of conflicting general terms and conditions, the customer may always opt for the applicable provision that is most beneficial to him.
5. If one or more provisions of these general terms and conditions were to become fully or partially null and void or annulled at any time, the agreement and the remaining provisions of these general terms and conditions will continue to apply in full, and the relevant provision will immediately be replaced in mutual consultation by a provision that approximates the original as closely as possible.
6. Situations not covered in these general terms and conditions should be assessed in accordance with the spirit of these general terms and conditions.
7. Ambiguity concerning the interpretation or content of one or more provisions of our terms and conditions should be interpreted in accordance with the spirit of these general terms and conditions.

 

Article 4 - The offer
1. If an offer has a limited period of validity or is subject to conditions, the offer must specify this explicitly.
2. The offer is free of obligation. The company is entitled to change and update the offer.
3. The offer will contain a full and accurate description of the products and/or services offered. The description will be sufficiently detailed to make it possible for the customer to make a proper assessment of the offer. If the company uses images, those images are an honest representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding on the company.
4. All illustrations, specifications, and data in the offer are indicative and cannot give rise to damages or termination of the agreement.
5. Images of products are an honest representation of the offered products. The company cannot guarantee that the specified colors will correspond exactly to the actual colors of the products.
6. Each offer contains the information required to make clear to the customer his/her rights and obligations as a consequence of accepting the offer. This regards in particular:
o the price including taxes;
o any shipping costs;
o how the agreement will be concluded and what actions need to be taken for that to occur;
o any applicability of the right of cancellation;
o the payment method, delivery, and performance of the agreement;
o the term for accepting the offer, or the term within which the company guarantees the prices;
o the rate for long-distance communication if the costs for using the long-distance communication technology are calculated on a different basis than the regular base rate for the communication medium being used;
o whether the agreement will be archived after it is concluded, and if so, how the customer can consult it;
o how the customer can check the data he provides in the framework of the agreement before concluding the agreement, and make any corrections as needed;
o any other languages, other than Dutch, in which the agreement can be concluded;
o the codes of conduct which the company has undertaken to follow and the way in which the consumer can consult these codes of conduct electronically; and
o the minimum duration of the remote sales agreement in the event of an ongoing performance agreement.

 

Article 5 - The agreement
1. The agreement is concluded, with due consideration of the provision in paragraph 4, when the customer accepts the offer and the applicable conditions have been met.
2. If the customer has accepted the offer electronically, the company will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of the acceptance has not been confirmed by the company, the customer can terminate the agreement.
3. If the agreement is concluded electronically, the company will use appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the customer can pay electronically, the company will observe appropriate security measures.
4. The company may - within statutory frameworks - check whether the customer can fulfill his payment obligations, as well as any other facts and factors that are relevant to a responsible conclusion of the remote sales agreement. If the company has valid reasons not to enter into the agreement based on this investigation, it has the right to refuse an order or request or to subject its implementation to special terms and conditions, substantiated by reasons.
5. The company will provide the following information to the customer along with the product or service, in writing or in such a way that the customer can store it on a permanent data carrier in an accessible way:
a. the physical address of the company’s office where the customer can direct complaints;
b. the terms and conditions under which and the way in which the customer can exercise the right of cancellation, or a clear statement that the right of cancellation is excluded;
v. the information about warranties and after-sale service;
d. the information specified in Article 4, paragraph 3 of these terms and conditions, unless the company has already provided this information to the customer before the implementation of the agreement;
e. the requirements for terminating the agreement if the agreement is for a period of more than one year or for an indefinite period.
6. In the event of an ongoing performance agreement, the provision in the immediately preceding paragraph only applies to the first delivery.
7. Every agreement is entered into under the condition precedent that the relevant products are sufficiently available.

 

Article 6 - Right of cancellation
On delivery of products:
• When purchasing products, the customer can dissolve the agreement within 14 days without having to give reasons. That cooling-off period commences on the date of receipt of the product by the customer or a representative designated by the customer in advance and notified to the company.
• During the cooling-off period, the customer will handle the product and the packaging with care. The customer will only unpack or use the product to the extent necessary to assess whether to keep the product. If he exercises the right of cancellation, the customer will return the product along with all accessories and, if reasonably possible, in its original condition and packaging, in accordance with reasonable and clear instructions given by the company.
• If the customer wishes to exercise his right of cancellation, he is required to notify the company of this within 14 days after receipt of the product. The customer must use the model form to notify the company. After the customer has notified the company of his intention to exercise his right of cancellation, the customer must send the product back within 14 days. The customer must prove that the delivered goods were sent back in time, for example by means of a proof of shipment.
• If the customer has not notified his intention to exercise his right of cancellation by the end of the terms specified in paragraphs 2 and 3, or has not sent the product back to the company, the purchase is final.
On provision of services:
• When purchasing services, the customer can dissolve the agreement within 14 days without having to give reasons, commencing on the day on which the agreement starts.
• In order to exercise his right of cancellation, the customer will follow the reasonable and clear instructions provided by the company with the offer and/or no later than the delivery.
• hygienic general acceptance. This includes such things as removing underwear or swimwear from the packaging and trying it on, and also includes other goods that may come into direct contact with genitalia. Such items can no longer be sold by the company once they have been removed from the packaging and/or tried on.

 

Article 7 - Costs in case of cancellation
1. In the event of exercising the right of cancellation, the customer will be charged no more than the cost of returning the item.
2. If the customer has already paid an amount, the company will refund that amount as soon as possible and no later than within 72 ours after cancellation. This is subject to the condition that the web store owner has already received the returned product or the customer can submit conclusive proof that the item has been returned in full.

 

Article 8 - Exclusion of the right of cancellation
1. The company can exclude the customer’s right of cancellation for products as described in paragraphs 2 and 3. Exclusion of the right of cancellation only applies if the company clearly states it in the offer, or in any case in good time before the agreement is concluded. 2. The right of cancellation can be excluded only for products:
a. that were produced by the company in accordance with the customer’s specifications;
b. that are clearly personal in nature, such as leisure expenditures;
c. that cannot be sent back due to their nature, since they are time-limited products;
d. that are perishable or age quickly, like food and flowers;
e. that have a price based on fluctuations in the financial market beyond the company’s control, such as the purchase of metals;
f. that involve individual newspapers and magazines; ongoing subscriptions are a different matter;
g. that involve audio and video recordings and computer software that were sealed and have been opened by the customer;
h. that involve hygienic products that were sealed and have been opened by the customer, such as underwear and swimwear.
3. The right of cancellation can be excluded only for services:
a. concerning accommodation, transport, restaurant facilities, or leisure activities to be undertaken on a particular date or during a particular period;
b. for which delivery has commenced with the explicit consent of the consumer before the cooling-off period has expired;
c. concerning bets and lotteries.

 

Article 9 - The price
1. During the term of validity stated in the offer, the prices of the offered products and/or services will not be raised, except for changing prices due to changes in VAT rates.
2. Notwithstanding the immediately preceding paragraph, the company may offer variable prices for products or services for which the prices are subject to fluctuations on the financial market beyond the company’s control. The offer will state that the prices are subject to such fluctuations and that any listed prices are indicative.
3. Price increases within 3 months after the agreement is concluded are only permitted if they are the result of statutory regulations or provisions.
4. Price increases later than 3 months after the agreement is concluded are only permitted if the company has negotiated this and:
a. they are the result of statutory regulations or provisions;
b. the customer has the right to terminate the agreement as of the day on which the price increase takes effect.
5. The prices stated in the offer for products or services include VAT. In the event that the listed prices exclude VAT, this will be stated next to or around the listed prices.
6. All prices may be subject to typos and misprints. No liability is accepted for the consequences of typos and misprints. In the event of typos and misprints, the company is not required to deliver the product for the incorrect price.

 

Article 10 - Conformity and warranty
1. The company warrants that the products and/or services conform to the agreement, the specifications stated in the offer, the reasonable requirements of fitness and/or usability, and the statutory provisions and/or government requirements in effect at the time that the agreement is concluded. If so agreed, the company also warrants that the product is suitable for use in ways other than its normal use.
2. Any warranty given by the company, manufacturer, or importer will not detract from the statutory rights and claims that the customer can enforce against the company under the agreement.
3. Any defects or wrongly delivered products must be notified in writing to the company within 4 weeks after delivery. The products must be returned in the original packaging and maintained and preserved in the same condition, repair, and working order as when new.
4. The company’s warranty period corresponds to the factory warranty period. However, the company is never responsible for the ultimate suitability of the products for each individual application by the customer, nor for any recommendations regarding the use or application of the products.
5. The warranty does not apply if:
o The customer has repaired and/or altered the delivered products himself or has had third parties repair and/or alter them;
o The delivered products have been exposed to abnormal conditions or have otherwise not been treated with due care or in violation of the instructions from the company and/or on the packaging;
o The unsoundness is entirely or in part due to instructions that the government has imposed or will impose on the nature or quality of the materials used.

 

Article 11 - Delivery and implementation
1. The company will act with the greatest possible care when receiving and executing orders for products and assessing requests for the provision of services.
2. The place of delivery shall be the address indicated by the customer to the company.
3. With due consideration of the provisions in paragraph 4 of this article, the company will execute accepted orders with competent speed, but no later than within 30 days, unless the customer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot be executed or can only be partially executed, the customer will be notified accordingly no later than 30 days after placing the order. In that event, the customer will have the right to dissolve the agreement without incurring charges. The client is not entitled to damage compensation.
4. All delivery periods are indicative. The customer cannot derive any rights from any specified periods. Exceeding a period does not give the customer any right to compensation.
5. In the event that the agreement is dissolved in accordance with paragraph 3 of this article, the company will refund the amount already paid by the customer as soon as possible and no later than within 14 days after the agreement ends.
6. If it proves impossible to deliver an ordered product, the company will make every effort to provide a replacement item. It will be stated clearly and in understandable terms, no later than the time of delivery, that a replacement item will be delivered. The right of cancellation cannot be excluded for replacement items. The costs of any return shipments will be borne by the company.
7. The risk that products will be damaged and/or go missing rests with the company until the time they are delivered to the customer or a representative designated by the customer in advance and notified to the company, unless expressly agreed otherwise.

8. Orders that need to be delivered outside the Member States of the European Union may be subject to additional costs such as Customs clearance costs and / or import duties and / or possibly other associated costs. These costs are country specific and can not be recovered from the entrepreneur.

 

Article 12 - Ongoing performance agreements: duration, termination, and renewal
Termination
1. The customer may terminate an agreement entered into for an indefinite period of time that involves periodic delivery of products (including electricity) or services at any time, with due observance of any agreed rules for termination and a notice period of no more than one month.
2. The customer may terminate an agreement entered into for a definite period of time that involves periodic delivery of products (including electricity) or services at any time before the end of the specified period, with due observance of any agreed rules for termination and a notice period of no more than one month.
3. With regard to the agreements specified in the immediately preceding paragraphs, the consumer may:
o terminate at any time, without being limited to termination at a specific time or in a specific period;
o terminate in any case according to the same method as the way in which he entered into the agreements;
o terminate at all times subject to the same notice period as the time that the company has negotiated for itself.
Renewal
4. An agreement entered into for a definite period of time that involves periodic delivery of products (including electricity) or services cannot be automatically extended or renewed for a definite period of time.
5. Notwithstanding the immediately preceding paragraph, an agreement entered into for a definite period of time that involves periodic delivery of daily and weekly newspapers and magazines can be automatically extended or renewed for a maximum period of three months, if the customer is able to terminate this extended agreement at the end of the renewal period with a notice period of no more than one month.
6. An agreement entered into for a definite period of time that involves periodic delivery of products or services can only be automatically extended for an indefinite period if the customer is able to terminate the agreement at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement involves periodic (but less frequent than once a month) delivery of daily and weekly newspapers and magazines.
7. An agreement for a limited period for regularly delivered daily and weekly newspapers and magazines as an introductory offer (trial or introductory subscription) will not be renewed without notice and ends automatically at the end of the trial or introductory period. Duration
8. If an agreement lasts for longer than one year, the customer may terminate the agreement at any time, after the first year, with due observance of a notice period of no more than one month, unless it would not be reasonable and fair to terminate before the end of the agreed duration.

 

Article 13 - Payment
1. Unless agreed otherwise, the amounts owed by the customer must be paid within 7 workdays after the start of the cooling-off period referred to in Article 6, paragraph 1. In the event of an agreement to provide a service, this time period starts when the customer receives confirmation of the agreement.
2. The customer has the duty to report inaccuracies in provided or specified payment details to the company immediately.
3. In the event that the customer fails to pay, the company is entitled to charge the customer for the reasonable costs notified to the customer in advance, with the exception of statutory restrictions.

 

Article 14 - Complaints procedure
1. The company has a sufficiently known complaint handling procedure in place and deals with complaints according to this complaint handling procedure.
2. Any complaint about the performance of the contract must be made in writing to the company clearly and in full within 7 days after the customer has identified the defects.
3. Complaints submitted to the company will be answered within a period of 14 days from the date on which they are received. If a complaint can be anticipated to require a long time to process, the company will respond within the 14-day period with an acknowledgment of receipt and an indication as to when the customer can expect a more detailed response.
4. In the event that the complaint cannot be resolved in mutual consultation, a dispute shall arise that is subject to the rules on dispute arbitration.
5. In the event of complaints, a customer must always contact the company first. In the event of complaints that cannot be resolved in mutual consultation, the customer should contact the WebwinkelKeur foundation (www.webwinkelkeur.nl), which will mediate free of charge. In the event that a solution has still not been found, the customer has the option to have his complaint handled by the GeschilOnline foundation (www.geschilonline.com); the decision made by this foundation is binding under Dutch law, and both the company and customer consent to be bound by this decision. Submitting a dispute to this disputes committee involves costs, which the customer must pay to that committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not negate the company’s obligations, unless the company states otherwise in writing.
7. In the event that the company deems a complaint well-founded, the company will either replace or repair the delivered products as it sees fit, free of charge.

 

Article 15 - Disputes
1. Agreements between the company and the customer that are covered by these general terms and conditions are exclusively governed by Dutch law. This holds true even if the customer lives outside the Netherlands.
2. The Vienna Convention on Contracts for the International Sale of Goods does not apply.

 

Article 16 - Supplementary or deviating provisions
Provisions supplementing or deviating from these general terms and conditions may not be to the detriment of the customer and must be recorded in writing or in such a way that the customer can store it on a permanent data carrier in an accessible way.

 

Coupon codes and automated discounts
HOUSE OF PRODUCTS provides various discount codes through advertisements and promotional flyers. The codes can be activated in the shopping basket by entering the code in the ‘discount code’ field and then clicking on ‘apply’. Discounts do not apply to shipping costs. The validity period of the code will be specified on the promotional item that provides the code. The coupon codes cannot be used in combination with other discounts or offers.