TERMS AND CONDITIONS

 

 

 

General Terms and Conditions House of Coalesce (hereinafter ‘House of Coalesce’) for Customers ordering House of Coalesce Goods via the Website www.houseofcoalesce.com.

 

 

  • Article 1. General
  • Article 2. Definitions
  • Article 3. Establishment of the Agreement
  • Article 4. Execution of the Agreement
  • Article 5. Delivery
  • Article 6. Prices
  • Article 7. Payment
  • Article 8. Right of revocation
  • Article 9. Obligations of House of Coalesce upon revocation
  • Article 10. Advertising and warranties
  • Article 11. Website usage
  • Article 12. Privacy/Personal Data Processing.
  • Article 13. Obligations of the Customer with respect to his login details
  • Article 14. Liability
  • Article 15. Engagement of third parties
  • Article 16. Force majeure
  • Article 17. Alternative dispute resolution
  • Article 18. Applicable law and competent court
  • Article 19. Registration Terms and Conditions and changes

 

 

Article 1. General

 

1.1       These Terms and Conditions apply to all offers and all agreements relating to the sale and delivery of Goods through House of Coalesce’s Website.

 

1.2       Accepting offers or placing orders on House of Coalesce’s Website constitutes acceptance of the applicability of these Terms and Conditions.

 

1.3       House of Coalesce expressly rejects any general (purchase) conditions of the Customer.

 

1.4       Changes to the Agreement concluded or to these General Terms and Conditions are only valid if and from the moment they are confirmed in writing by House of Coalesce. Verbal agreements or commitments by House of Coalesce are only binding after they have been confirmed in writing by House of Coalesce.

 

1.5       If and to the extent that any provision of the General Terms and Conditions is declared void or is annulled, the remaining provisions of the General Terms and Conditions shall remain in full force and effect.

 

 

 

 

 

Article 2. Definitions

 

2.1       Agreement: agreement for the delivery of Goods by House of Coalesce to the Customer.

 

2.2       Customer: the legal or natural person who concluded the Agreement with House of Coalesce.

 

2.3       General Terms and Conditions: these general terms and conditions.

 

2.4       Good(s): the product(s) delivered by House of Coalesce to the Customer based on the Agreement.

 

2.5       House of Coalesce: the sole proprietorship House of Coalesce. It is located at Keizersgracht 520 H, 1017 EK Amsterdam.

 

2.6       Intellectual Property: all rights of intellectual property and related rights, such as copyrights, trademark rights, patent rights, design rights, trade name rights, database rights and neighbouring rights.

 

2.7       Website: the website of House of Coalesce, www.houseofcoalesce.com.

 

2.8       In writing: in writing on paper or by [email protected].

 

2.9       Personal Data: personal data as defined in Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR).

 

2.10   Revocation Period: the period during which the Customer may exercise his right of revocation.

 

 

Article 3. Establishment of the Agreement

 

3.1       All offers by House of Coalesce, as well as the prices, fees and terms quoted by House of Coalesce, are without obligation, unless expressly stated otherwise.

 

3.2       An Agreement shall only be concluded after an enquiry or order by or on behalf of the Customer has been confirmed in writing by House of Coalesce. Barring evidence to the contrary, House of Coalesce’s administrative records are conclusive and binding for the content of the Agreement and serve as proof of the Agreement.

 

3.3       House of Coalesce shall at all times have the right to refuse an order without giving reasons, which will be communicated to the Customer by House of Coalesce as soon as possible.

 

3.4       Goods are sold to individuals for personal use only. Therefore, in order to protect House of Coalesce’s brand image and distribution system, we limit orders to no more than five (5) units per order. By ordering Goods the Customer declares that he is acting as a consumer and that he has no intention to resell one or more Goods directly or indirectly for commercial purposes.

 

3.5       The Customer warrants that the information provided by him or her in the enquiry to House of Coalesce is accurate and complete.

 

 

Article 4. Execution of the Agreement

 

4.1       House of Coalesce shall make every effort to execute the Agreement carefully and properly, in accordance with the agreements recorded in writing with the Customer.

 

4.2       Obvious (writing) errors and mistakes on the Website and/or in the confirmation email do not bind House of Coalesce.

 

4.3       Client shall notify House of Coalesce of changes of address and other personal data, using the contact form on the Website. All consequences resulting from late notification of (address) changes are entirely at the expense and risk of the Customer.

 

 

Article 5. Delivery

 

5.1       All (delivery) periods stated by House of Coalesce are approximate and are determined on the basis of the information and circumstances known to House of Coalesce at the time of the conclusion of the Agreement. Stated delivery periods shall never be regarded as strict deadlines.

 

5.2       Exceeding the delivery periods specified by House of Coalesce, for any reason whatsoever, shall never entitle the Customer to compensation and shall never constitute non-performance of any obligation of House of Coalesce under the Agreement or any related agreement.

 

5.3       If the maximum legal delivery period of thirty (30) days is exceeded, the Customer shall be entitled to dissolve the Agreement free of charge. To do so, the Customer must notify House of Coalesce in writing. Any payments made in this case will be refunded to the Customer within fourteen (14) days of notification.

 

5.4       House of Coalesce delivers orders to addresses in the Netherlands and, upon request, abroad.

 

5.5       Delivery within the European Union is free of charge.

 

 

Article 6. Prices

 

6.1       All prices and rates are in Euro and include: VAT, the specified delivery costs and any other governmental levies imposed at the time of the conclusion of the Agreement, unless explicitly stated otherwise.

 

6.2       All prices and rates mentioned on the Website and in mailings from House of Coalesce are subject to price changes, programming errors and typing errors.

 

 

Article 7. Payment

 

7.1       Unless otherwise agreed, the Customer shall pay the price due to House of Coalesce by means of an online payment order. House of Coalesce may change the terms of payment if it is of the opinion that the payment behaviour of the Customer or the nature of the relationship with the Customer gives cause to do so.

 

7.2       All orders must be paid for by the Customer in accordance with the payment method selected by the Customer. Payments can be made by credit card (Mastercard, VISA or American Express), via iDeal or Bancontact. If the Customer chooses iDeal or Bancontact, the entire purchase price will be paid in advance.

 

7.3       If payment is made by the Customer by credit card, the following applies. The credit card information provided will be verified before payment is made. Products will only be shipped to the address provided during the order by the Customer on House of Coalesce’s Website as the credit card holder’s address at the time of ordering.

 

7.4       Unless otherwise stated in the Agreement or in the General Terms and Conditions, the Customer must make the payment within fourteen (14) days of the start of the Revocation Period.

 

7.5       House of Coalesce is entitled to suspend the fulfilment of its obligations under the Agreement, in the event of an attributable non-performance by the Customer of his obligations under the Agreement.

 

7.6       If the Customer fails to meet his payment obligation(s) on time, he shall, after having been notified by House of Coalesce of the delay in payment and after having been granted a period of fourteen (14) days by House of Coalesce to fulfil his payment obligation(s), and after having failed to pay within this fourteen (14)-day period, owe the statutory interest on the amount due and House of Coalesce shall be entitled to charge the extrajudicial collection costs incurred.

 

 

Article 8. Right of revocation of the Customer

 

8.1       Upon receipt of the ordered Good(s), the Customer may revoke the underlying Agreement with House of Coalesce within a period of fourteen (14) days, without giving reasons.

 

8.2       The period mentioned in Article 8.1 starts on the day on which the Customer, or a third party designated by the Customer not being the carrier, takes physical possession of the goods; or

 

a)  if the Customer has ordered several Goods in the same order to be delivered separately, from the day on which the Customer, or a third party designated by the Customer not being the carrier, takes physical possession of the last of the Goods; or

b)  in case of agreements for the regular delivery of Goods during a specified period, the day on which the Customer, or a third party designated by the Customer not being the carrier, takes physical possession of the first Good.

 

8.3       If the Customer exercises his right of revocation, he shall notify House of Coalesce in writing within the Revocation Period filling out the Model Revocation Form of Article 8.4 and submitting this information via the contact form on the Website or in another unambiguous manner.

 

8.4       Model Revocation Form:

 

To: ……….

I hereby give notice that I withdraw from the Agreement of sale of the following goods: ……….

Ordered on: ………

Received on: ……….

Name of Customer: ……..

Address of Customer: ……..

Date: ……..

Signature of Customer (only if this form is submitted on paper

 

8.5       For the exercise of the right of revocation, it is sufficient to send the notification of its exercise within the period specified in Article 8.1.

 

8.6       During the Revocation Period, the Customer shall handle the Good and its packaging with care. The basic principle here is that the Customer may only handle and inspect the Good as he would be allowed to do in a shop. If the Good(s) delivered to the Customer consist of perfume, the Customer may not open the perfume or its packaging.

 

8.7       The Customer is liable for any decrease in the value of the Good(s) resulting from handling it beyond that permitted in Article 8.6.

 

8.8       The Customer must return the Good(s) as soon as possible, but within fourteen (14) days from the day of revocation. The Customer shall return the Good(s) to a return address determined by House of Coalesce. In any event, the Customer has complied with the Revocation Period if he sends the Good(s) before the end of the Revocation Period.

 

8.9       The Customer shall return the Good(s) with all accessories supplied, if reasonably possible, in its original condition and packaging and in accordance with the reasonable and clear instructions provided by House of Coalesce.

 

8.10   The risk and burden of proof for the correct and timely exercise of the right of revocation lies with the Customer.

 

8.11   The Customer shall bear the full costs of returning the Good(s).

 

8.12   If the Customer exercises his right of revocation, all additional agreements are terminated by operation of law.

 

 

Article 9 Rights and obligations of House of Coalesce upon revocation

 

9.1       If House of Coalesce makes it possible for the Customer to give notice of the exercise of his right of revocation by electronic means, it shall send a confirmation of receipt immediately upon receipt of such notice.

 

9.2       Notwithstanding Article 8.11, House of Coalesce shall reimburse all payments made by the Customer, including any delivery costs charged by House of Coalesce for the ordered Good(s), without delay, but within fourteen (14) days of the day on which the Customer notifies House of Coalesce of the revocation. If the Customer has chosen a more expensive delivery method for the ordered Good(s) than the cheapest standard delivery, House of Coalesce does not have to refund the extra cost of the more expensive method.

 

9.3       Unless House of Coalesce offers to collect the product itself, reimbursement may be made only after House of Coalesce has received the Good(s) or after the Customer has provided proof that the Good(s) has (have) been returned, whichever is earlier.

 

9.4       House of Coalesce shall use the same means of payment used by the Customer for reimbursement unless the Customer agrees to a different method. The reimbursement is free of charge for the Customer.

 

9.5       House of Coalesce reserves the right to reimburse only the residual value of the returned Good(s) if the Good(s) has (have) been damaged at the risk or through the fault of the Customer or if the Good(s) has (have) suffered any other impairment in value as a result of the handling beyond that which is necessary to determine the nature, quality and functionality of the Good(s).

 

9.6       House of Coalesce may exclude the following Goods from the right of revocation: sealed and/or unopened products that are not suitable for return for health or hygiene reasons and whose seal has been broken after delivery, such as perfume.

 

9.7       When using a coupon discount, a minimum net spend amount applies. In the event of a return, the net spend amount will continue to apply. Should the Customer fall below the minimum net spend amount by returning Goods, the full coupon discount will be deducted from the return.

 

 

Article 10. Advertising and warranties

 

10.1   Goods must comply with the Agreement. The Customer is obliged to check upon delivery whether the Good(s) complies (comply) with the Agreement. If this is not the case, the Customer must inform House of Coalesce in writing, stating the reasons, as soon as possible but in any case within fourteen (14) days after the discovery,. Failure to do so will result in the loss of any claim in this respect.

 

10.2   Product images may not always correspond to the appearance of the delivered Good(s). In particular, changes in the appearance and packaging of the Good(s) may occur after assortment renewals by the manufacturer. The Customer may not lodge complaints about detected defects of non-essential changes of the Good(s).

 

10.3   In the event of a defect in the Good(s) supplied, the Customer has the option of replacement or repairment.

 

10.3.1              Good(s) will be replaced or repaired within a reasonable period of time.

 

10.3.2              In the event of replacement, the General Terms and Conditions shall apply in full to the new  delivery.

 

10.3.3              The costs of the remedy shall be borne by House of Coalesce.

 

10.3.4              If the chosen remedy is impossible or its costs would be disproportionate for House of Coalesce, the latter shall be entitled to refuse this remedy. In that case, the Customer shall be entitled to withdraw from the Agreement or to reduce the purchase price. The Customer may be charged for the use he has made of the Good(s) in the meantime.

 

10.4   Any claim of the Customer in respect of the Good(s) delivered shall also lapse if:

 

·      the Good(s) is (are) not (or are no longer) recognisable as originating from House of Coalesce; or

·      the defects are (in part) the consequence of normal wear and tear, improper and/or incorrect handling, use and/or storage or maintenance of the products;

·      House of Coalesce has not been given the opportunity by the Customer to investigate the complaints and to fulfil its obligations without undue delay;

·      the Customer has failed to fulfil any obligation incumbent upon him, or has failed to do so in time or in the proper manner.

 

10.5   In any event, complaints about defects shall lapse two (2) years after the time of delivery of the Good(s).

 

10.6   The cost of returning (a) Good(s) in the event of detected defects shall be borne by House of Coalesce.

 

 

Article 11. Website usage

 

11.1   All Intellectual Property rights, including but not limited to copyrights, trademark rights and database rights, in the information, texts, images, logos, photographs and illustrations on the Website and in the lay-out and design of the Website rest with House of Coalesce and/or its licensors. The Customer and users of this Website acknowledge these rights and guarantee that they will refrain from any infringement thereof, which includes making copies of the Website other than technical copies required for the use of the Website (loading and displaying).

11.2   The information on the Website is compiled and maintained by House of Coalesce with constant care and attention. However, errors cannot always be avoided. No rights may therefore be derived in any way from the information provided on the Website. House of Coalesce accepts no liability for damages resulting in any way from the use of the Website or from the incompleteness and/or inaccuracy of the information provided on the Website and/or damages resulting from the (temporary) unavailability of the Website.

 

11.3   The Website may contain hyperlinks to other websites maintained by third parties. House of Coalesce has no influence on the information, products and services mentioned on these websites and accepts no liability for damages arising in any way from the use of these websites.

 

11.4   House of Coalesce accepts no responsibility for photographs, descriptions and other information on the Website, which are published by third parties.

 

11.5   House of Coalesce does not guarantee the timely receipt and processing of e-mails or other electronic messages sent to it and accepts no liability for the consequences of the late receipt or processing of e-mails or other electronic messages.’

 

11.6   The version of the communication in question stored by House of Coalesce shall serve as evidence, subject to proof to the contrary by the Customer.

 

 

Article 12. Privacy/Personal Data Processing.

 

12.1   House of Coalesce processes personal data in accordance with its policies as described in its Privacy Statement.

 

 

Article 13. Obligations of the Customer with respect to his login details

 

13.1   If the Customer applies for an account with House of Coalesce via the Website, House of Coalesce will provide the Customer with a username and password after checking and agreeing to it. These data are strictly confidential and intended exclusively for the use of the user who has registered.

 

13.2   The Customer guarantees that the user is authorised to make orders on behalf of the Customer.

 

13.3   The Customer shall ensure that the user shall use the username and password in strict confidence and shall not disclose them to any third party. In the event of disclosure by the user, the user shall be liable for orders placed by a third party and for resulting claims. House of Coalesce may assume that a user who logs in using such user name and password is the authorised user of the Customer.

 

 

Article 14. Liability

 

14.1   All instructions on the packaging and leaflets must be followed. No liability is accepted for deviating use and/or handling.

 

14.2   Except in the case of intent and gross negligence, House of Coalesce is in no way liable for damage arising from the inaccuracy and/or incompleteness and/or unlawfulness of the content of the Website, the (incorrect) use of the Website by the Customer or the provision of incorrect information by the Customer. Furthermore, except in cases of intent or gross negligence, House of Coalesce shall not be liable in any way whatsoever for damage caused by the Good(s) supplied by it and/or any shortcomings in the performance of the agreement or the breach of any other obligations towards the Customer.

 

14.3   Damages as referred to in Article 14.2, which, in the opinion of the Customer, are attributable to intent or gross negligence on the part of House of Coalesce, must be reported to House of Coalesce in writing as soon as possible, but in any event within thirty (30) days of their occurrence. Damages which are not reported to House of Coalesce within this period shall not be eligible for compensation, unless the Customer can prove that it could not reasonably have been expected to report the damage earlier.

 

 

Article 15. Engagement of third parties

 

15.1   House of Coalesce is entitled to use the services of third parties in the execution of the Agreement, either by subcontracting or by hiring of temporary staff. These third parties are authorised to act as employees of House of Coalesce in the execution of the Agreement.

 

15.2   The provisions regarding liability, as stipulated in Article 14, shall also apply to these third parties.

 

 

Article 16. Force majeure

 

16.1   If House of Coalesce is prevented or seriously impeded from fulfilling any of its obligations as a result of circumstances beyond its control, House of Coalesce shall be entitled to suspend or terminate its obligations under the Agreement without the Customer being entitled to any claims against House of Coalesce. If the period of force majeure lasts longer than three (3) months, both the Customer and House of Coalesce shall be entitled to terminate the Agreement in writing without being obliged to pay any compensation to the other party.

 

 

Article 17. Amicable and alternative dispute resolution

 

17.1   House of Coalesce will endeavour to resolve any dispute arising from the Customer’s online order amicably. Claims and complaints can be made at the address mentioned in Article 2.5 and/or through the online contact form.

 

17.2   The Customer may also use the dispute resolution platform of the European Commission. The European Commission has set up an out-of-court dispute resolution platform. This allows consumers to resolve disputes relating to their online order in the first instance without having to go to court. The dispute resolution platform can be accessed via the external link https://ec.europa.eu/consumers/odr/. House of Coalesce supports out-of-court- dispute resolution. However, House of Coalesce is not obliged to participate in any such dispute resolution process and unfortunately it cannot guarantee that it will participate in any such process.

 

 

Article 18. Applicable law and competent court

 

18.1   All Agreements concluded under the General Terms and Conditions shall be governed by Dutch law.

 

18.2   Notwithstanding the option of amicable or out-of-court dispute resolution (see Article 17), a dispute arising from the Customer’s online order, the Agreement and/or the interpretation or execution thereof may be brought before the competent court in Amsterdam.

 

 

Article 19. Registration Terms and Conditions and changes

 

19.1   The Terms and Conditions are filed with the Amsterdam Chamber of Commerce under number 81437927.

 

19.2   House of Coalesce reserves the right to change or amend the General Terms and Conditions at any time. The Customer should therefore visit this Website regularly to review the latest version of the General Terms and Conditions.

 

 

 

Amsterdam (last changes: 8.3.24)