General terms and conditions

General Terms and Conditions – Hushmode London

Hushmode London

General Terms
& Conditions

Please read these terms carefully before placing your order

Article 01

Definitions

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 course of a profession or business and who enters into a distance contract with the trader.
Day
Calendar day.
Ongoing transaction
A distance contract relating to a series of products and/or services, whereby the delivery and/or purchase obligation is spread over time.
Durable medium
Any medium that enables the consumer or the trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal
The option for the consumer to withdraw from the contract within the cooling-off period.
Trader
The natural or legal person who offers products and/or services to consumers at a distance.
Distance contract
A contract concluded between the trader and the consumer within the framework of an organised system for distance sales, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.
Means of distance communication
A means that can be used to conclude a contract without the consumer and the trader being physically present in the same place at the same time.
General Terms and Conditions
The trader's general terms and conditions.
Article 02

Right of Withdrawal

The consumer has the right to withdraw from the contract within a cooling-off period of 30 days without giving any reason. During this period, the consumer shall handle the product and its packaging with care.

If the consumer exercises the right of withdrawal, they shall return the product with all accessories and, where reasonably possible, in its original condition, in accordance with the reasonable instructions provided by the trader.

Article 03

Applicability

These general terms and conditions apply to all offers made by the trader and to all distance contracts and orders concluded between the trader and the consumer.

Before the 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 shall be stated before the contract is concluded that the general terms and conditions can be inspected at the trader's premises and will be sent free of charge upon request.

If the contract is concluded electronically, the text of these general terms and conditions may be made available electronically in such a way that the consumer can easily store them on a durable medium.

If one or more provisions of these general terms and conditions are wholly or partially invalid or annulled, the contract and the remaining provisions shall remain in force. The relevant provision shall be replaced without delay by a provision that most closely reflects the intent of the original.

Situations not covered by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.

Article 04

The Offer

If an offer has a limited period of validity or is subject to conditions, this shall be expressly stated in the offer. The offer is non-binding. The trader reserves the right to amend and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered, sufficiently detailed to allow the consumer to make a proper assessment.

If the trader uses images, these are a truthful representation of the products offered. Obvious errors or mistakes in the offer are not binding on the trader. All images and specifications in the offer are indicative only and cannot give rise to compensation or termination of the contract.

The trader cannot guarantee that the colours displayed accurately reflect the actual colours of the products.

Article 05

The Contract

Subject to the provisions of Article 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.

If the consumer accepts the offer electronically, the trader shall immediately confirm receipt of acceptance electronically. Until receipt of this acceptance has been confirmed, the consumer may dissolve the contract.

If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment.

Within the limits of the law, the trader may investigate the consumer's ability to meet their payment obligations. If the trader has justified grounds not to conclude the contract, they are entitled to refuse an order or attach special conditions to its execution.

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

Article 06

Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 30 days. This cooling-off period begins on the day after the consumer has received the product.

During the cooling-off period, the consumer shall handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep it.

If the consumer exercises the right of withdrawal, they shall return the product with all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

The consumer must notify the trader of their intention to exercise the right of withdrawal within 30 days of receiving the product, by means of a written notice or email. After notification, the consumer must return the product within 30 days.

If the consumer has not notified the trader or returned the product within the aforementioned periods, the purchase shall be final.

Article 07

Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 30 days after withdrawal, provided that the product has been received by the trader or conclusive proof of complete return has been provided.

Article 08

Exclusion of the Right of Withdrawal

The trader may exclude the consumer's right of withdrawal for certain products. Exclusion applies only if clearly stated in the offer before the conclusion of the contract. Exclusion of the right of withdrawal is only possible for products:

  • Manufactured according to the consumer's specifications
  • Of a clearly personal nature
  • Which cannot be returned due to their nature
  • Which are liable to deteriorate or expire rapidly
  • Whose price is subject to fluctuations in the financial market beyond the trader's control
  • Newspapers and magazines
  • Audio and video recordings and computer software where the seal has been broken
  • Hygiene products where the seal has been broken
Article 09

Price

During the validity period stated in the offer, prices shall not be increased, except for price changes resulting from changes in VAT rates.

Price increases within three months after the conclusion of the contract are only permitted if they result from statutory regulations. Price increases after three months are only permitted if agreed and they result from statutory regulations, or the consumer has the right to terminate the contract as of the date the price increase takes effect.

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

Article 10

Conformity and Warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable standards of quality and/or usability, and applicable legal provisions in force at the time of conclusion of the contract.

Defects or incorrectly delivered products must be reported to the trader in writing within 30 days of delivery. Returned products must be 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 carelessly or contrary to the trader's instructions
  • The defect is wholly or partly due to regulations imposed by government authorities regarding the materials used
Article 11

Delivery and Performance

The trader shall exercise the greatest possible care in receiving and fulfilling orders for products.

Accepted orders shall be executed promptly, but no later than 30 days, unless a longer delivery period has been agreed.

If delivery is delayed or an order cannot be fulfilled, the consumer shall be notified no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the contract without cost and is entitled to any compensation.

Upon dissolution, the trader shall refund the amount paid as soon as possible, but no later than 30 days after dissolution.

The risk of damage and/or loss of products remains with the trader until delivery to the consumer or a designated representative, unless expressly agreed otherwise.

Article 12

Ongoing Transactions: Duration, Termination and Renewal

The consumer may terminate a contract concluded for an indefinite period at any time, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract for regular supply at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.

Fixed-term contracts for regular supply shall not be automatically renewed for a fixed period. They may only be automatically renewed for an indefinite period if the consumer may terminate 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 terminate it at any time after one year with a notice period of no more than one month, unless fairness and reasonableness dictate otherwise.

Article 13

Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days after the cooling-off period referred to in Article 6 has commenced.

The consumer is obliged to report any inaccuracies in payment details without delay.

In the event of non-payment, the trader is entitled, subject to statutory limitations, to charge the consumer reasonable costs that have been communicated in advance.

Article 14

Complaints Procedure

Complaints regarding the performance of the contract must be submitted to the trader within seven days after the consumer has discovered the defects, and must be fully and clearly described.

Complaints submitted to the trader shall be answered within 14 days of receipt. If a complaint requires a longer processing time, the trader shall respond within 14 days with an acknowledgement of receipt and an indication of when a more detailed response can be expected.

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

Article 15

Disputes

All contracts between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

This also applies if the consumer resides outside the Netherlands.