Terms and Conditions
General Terms and Conditions House of Coalesce (hereinafter House of Coalesce) for customers ordering House of Coalesce products online through 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. Dissolution
- Article 9. Advertising and warranties
- Article 10. Website usage
- Article 11. Privacy/Personal Data Processing.
- Article 12. Duties of the customer
- Article 13. Liability
- Article 14. Engagement of third parties
- Article 15. Force majeure
- Article 16. Applicable law and competent court
Artikel 1. General
1.1 These Terms and Conditions apply to all offers and all agreements relating to the sale and delivery of products through House of Coalesce’s Internet site.
1.2 Accepting offers or placing orders on House of Coalesce’s Internet site 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 entered into or 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 Conditions is declared void or is annulled, the remaining provisions of the General Conditions shall remain in full force and effect.
Artikel 2. Definitions
2.1 House of Coalesce: the sole proprietorship House of Coalesce is not a legal entity.
2.2 Customer: the legal or natural person who has entered into the Agreement with House of Coalesce.
2.3 General Terms and Conditions: these general terms and conditions.
2.4 Agreement: agreement for the delivery of the products by House of Coalsce to the customer.
2.5 In writing: in writing, by e-mail or by fax.
2.6 Products: the products offered by House of Coalesce on its Internet site.
2.7 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 neighboring rights.
2.8 Internetsite: www.houseofcoalesce.com
2.9 Personal Data: personal data as defined in the Personal Data Protection Act.
Artikel 3. Establishment of the Agreement
3.1 All offers by House of Coalesce, as well as the prices, fees and deadlines quoted by House of Coalesce, are without obligation, unless expressly stated otherwise.
3.2 An Agreement shall only come into existence after an inquiry 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 The client warrants that the information provided by him or her in the application to House of Coalesce is accurate and complete.
Artikel 4. Execution of the Agreement
4.1 House of Coalesce shall endeavor to execute the Agreement carefully and properly, in accordance with the arrangements made in writing with the Client.
4.2 Obvious (writing) errors and mistakes on the internet site and/or in the confirmation email do not bind House of Coalesce to the purchase agreement.
4.3 Client shall notify House of Coalesce of changes of address and other personal data, no later than fourteen (14) days prior to the effective date of the relevant change, using the contact form on House of Coalesce for this purpose. Any consequences arising from failure to report (address) changes in a timely manner shall be entirely at the expense and risk of the Client.
Artikel 5. Delivery
5.1 All (delivery) dates stated by House of Coalesce are approximate and are determined on the basis of the data and circumstances known to House of Coalesce when the Agreement was concluded. Stated delivery times should never be considered as deadlines.
5.2 Exceeding the delivery terms specified by House of Coalesce, for whatever reason, shall never entitle the customer to compensation or non-performance of any obligation incumbent upon him under the relevant Agreement or any related Agreement.
5.3 If the maximum legal delivery time of thirty (30) working days is exceeded, the customer is entitled to rescind the Agreement free of charge. To do so, the customer must notify House of Coalesce in writing. Any payments will in that case be returned to the customer within fourteen (14) working days of the notification.
5.4 House of Coalesce delivers to addresses in the Netherlands and, upon request, abroad.
Artikel 6. Prices
6.1 All prices and rates are in Euros including VAT, the shipping costs mentioned 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 Internet site and mailing of House of Coalesce are subject to price changes, programming and typing errors.
Artikel 7. Payment
7.1 Unless otherwise agreed, payment to House of Coalesce of the price due shall be made by the customer by payment by online payment order. The customer shall not be entitled to set off. House of Coalesce may change the terms of payment if House of Coalesce considers that the financial position or payment behavior of the client or the nature of the relationship with the client so requires.
7.2 Payments can be made by credit card (Mastercard, VISA or American Express), via iDeal or Bancontact. All orders must be paid by the customer, according to the payment method chosen by the customer. Should the customer choose iDeal or Bankcontact, the full purchase price will be paid in advance by the customer.
7.3 House of Coalesce is entitled to suspend the fulfillment of obligations under the Agreement, in case of attributable non-performance by the customer of its obligations under the Agreement.
7.4 If payment is made by 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 internet site as being the address of the credit card holder.
Artikel 8. Dissolution
8.1 After the customer has received the products ordered from the same order, the customer may, during a reflection period of fourteen (14) days after receiving the products, terminate the underlying agreement with House of Coalesce without giving reasons.
8.2 If the customer exercises his right of withdrawal, he shall notify House of Coalesce in writing within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.
8.2.2 During the cooling-off period, the customer shall handle the product and its packaging with care. The basic principle here is that the customer may only handle and inspect the product as he would be allowed to do in a store.
8.2.3 The customer shall be liable for any decrease in the value of the product resulting from handling the product beyond that permitted in paragraph 1.
8.2.4 The customer must return the products as soon as possible, but within 14 days from the day of withdrawal. The customer must return the products to a return address determined by House of Coalesce. This must be done in the original, undamaged packaging. Opened or damaged packaging will not be taken back. Opening the packaging means that the customer wishes to keep the products.
8.2.5 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the customer.
8.2.6 The customer shall bear the full cost of returning the products.
Obligations ofHouse of Coalesce upon withdrawal
8.3.1 If House of Coalesce enables the notification of revocation by the customer by electronic means, it shall send an acknowledgement of receipt without delay upon receipt of such notification.
8.3.2 House of Coalesce shall reimburse all payments made by the customer without delay but within 14 days following the day on which the customer notifies it of the withdrawal. Unless House of Coalesce offers to pick up the product itself, it may wait to refund until it has received the product or until the customer proves that he has returned the product, whichever is earlier.
8.3.3 House of Coalesce will use the same means of payment used by the customer for reimbursement, unless the customer agrees to another method.
8.3.4 House of Coalesce reserves the right to refuse returned products or to credit only part of the amount paid if (it is suspected that) the products have already been opened, used or damaged through the fault of the customer.
Obligations of House of Coalesce, upon withdrawal
8.4 House of Coalesce may exclude the following products from the right of withdrawal: Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery .
8.5 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 you fall below the minimum net spend amount by returning a product or products, the full coupon discount will be deducted from the return.
Artikel 9. Advertising and warranties
9.1 Upon delivery, the client is obliged to examine whether the products comply with the Agreement. If this is not the case, the customer must inform House of Coalesce in writing, stating reasons, as soon as possible but in any case within fourteen (14) working days after delivery, or at least after observation was reasonably possible. Failing this, any claim in this regard shall lapse.
9.2 Product images may not always correspond to the appearance of the delivered products. In particular, changes in the appearance and packaging of the products may occur after assortment renewals by the manufacturer. The customer may not lodge complaints about observed defects if they concern these changes to the product.
9.3 Any claim of the customer in respect of delivered products shall furthermore lapse if:
– the products cannot (any longer) be identified as originating from House of Coalesce;
– the defects are (partly) the result of normal wear and tear, improper and/or incorrect handling, use and/or storage or maintenance of the products;
– House of Coalesce was not immediately given the opportunity by the customer to investigate the complaints and fulfill its obligations;
– the customer has not, has not timely or has not properly fulfilled any obligation incumbent upon it.
9.4 If it is demonstrated that the products do not comply with the Agreement, House of Coalesce has the choice of either repairing the products in question upon their return or replacing them with new products or refunding the invoice value thereof. This new delivery shall be fully subject to these General Terms and Conditions.
9.5 In any event, complaints about defects shall lapse two years after the time of delivery of products.
9.6 The cost of returning products in the event of detected defects shall be borne by House of Coalesce.
Artikel 10. Website usage
10.1 All Intellectual Property Rights, including, but not limited to, copyrights, trademark rights and database rights, to the information, texts, images, logos, photographs and illustrations on the website and to layout and design of the website are vested in House of Coalesce and/or its licensors. The client 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 imaging).
10.2 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.
10.3 The website contains 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 this website.
10.4 House of Coalesce bears no responsibility for photographs, descriptions and other informational materials on the website, which are published by third parties.
10.5 House of Coalesce does not guarantee that emails or other electronic messages sent to it will be received and processed in a timely manner, and accepts no liability for the consequences of emails or other electronic messages sent to it not being received or processed in a timely manner
10.6 The version of the communication in question stored by House of Coalesce shall constitute proof thereof, subject to proof to the contrary by the customer.
Artikel 11. Privacy/Personal Data Processing.
11.1 House of Coalesce processes personal data in accordance with its policies as described in its privacy statement.
Artikel 12. Duties of the customer
12.1 If the customer applies for an account with House of Coalesce via the Internet site, 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 respective user who has registered.
12.2 The customer guarantees that the relevant user is authorized to make orders on behalf of the customer.
12.3 The client shall ensure that the user shall use the username and password in strict confidence and shall not disclose them to any third party. House of Coalesce may assume that if a user logs in under said username and password, that it is the customer’s authorized user.
Artikel 13. Liability
13.1 All changes on the packaging and package inserts must be followed. No liability will be accepted for different use and/or handling.
13.2 House of Coalesce shall not, except in the case of gross negligence and intent, be liable in any way whatsoever for damage caused as a result of the inaccuracy and/or incompleteness and/or illegality of the content of the internet site, the (incorrect) use of the internet site by the customer and the provision of incorrect data by the customer. House of Coalesce is furthermore, except for intent and gross negligence, in no way liable for damage caused as a result of the products it supplies and/or any failure in the execution of the Agreement or the violation of any other obligations towards the customer.
13.3 Damage, as referred to in paragraph 1 of this article, which in the opinion of the customer is due to the intent or gross negligence of House of Coalesce, must be reported to House of Coalesce in writing as soon as possible, but in any case within thirty (30) days of its occurrence. Damage not reported to House of Coalesce within that period shall not be eligible for compensation, unless the client can demonstrate that it could not reasonably have reported the damage earlier.
Artikel 14. Engagement of third parties
14.1 House of Coalesce is entitled to use the services of third parties in the execution of Agreements, either a subcontract or by temporary hiring of staff. These third parties are authorized to act as employees of House of Coalesce in the execution of the Agreement.
14.2 The provisions regarding liability, as stipulated in Article 13, shall also apply to these third parties.
Artikel 15. Force majeure
15.1 If, as a result of a circumstance beyond its control, House of Coalesce is prevented or seriously impeded from fulfilling any obligation, House of Coalesce is entitled to suspend or cancel its obligations under the Agreement, without the client having any claim against House of Coalesce. If the period of force majeure has lasted longer than three months, both client and House of Coalesce shall be entitled to terminate the Agreement in writing, without being liable to the other party for damages.
Artikel 16. Applicable law and competent court
16.1 All Agreements concluded under these General Conditions shall be governed by Dutch law.
16.2 All disputes arising between House of Coalesce on the one hand and the client on the other hand resulting from the Agreement and/or its interpretation or execution may be submitted by House of Coalesce to the competent court in Amsterdam.
These Terms and Conditions are filed with the Amsterdam Chamber of Commerce under number 81437927