TERMS AND CONDITIONS
General terms and conditions HULA HUSH
Our general terms and conditions are in accordance with the guidelines of the Netherlands Authority for Consumers and Markets (ACM). The rights of the consumer are therefore well protected.
Article 1. Identity of the entrepreneur
1.1 The identity of the entrepreneur:
HULA HUSH
Chamber of Commerce number: 92850723
VAT number: NL004981542B80
Email: info@hulahush.com
Article 2. Applicability
2.1 These general terms and conditions (hereinafter referred to as: “ General Terms and Conditions ”) apply to all offers, orders and agreements from HULA HUSH via the webshop. Both HULA HUSH and the consumer recognize the legal validity of electronic communications, as also determined in European regulations. The consumer cannot derive any rights from any agreed deviations for future orders.
2.2 Accepting an offer or placing an order means that the consumer accepts the applicability of these conditions.
2.3 The provisions of these conditions can only be deviated from in writing, in which case the other provisions remain in full force.
Article 3. Offers / agreements
Please note: Different conditions apply to sale products.
3.1 All offers and quotations from HULA HUSH are without obligation. HULA HUSH expressly reserves the right to change prices, in particular but not exclusively when this is necessary based on (legal) regulations.
3.2 Samples and models shown and/or provided, as well as information about colors, sizes and other descriptions in HULA HUSH brochures, promotional materials, websites or social media are as accurate as possible, but are only indicative. No rights can be derived from this, unless the parties have expressly agreed otherwise in writing.
3.3 An agreement is only concluded after acceptance of the consumer's order by HULA HUSH. As long as HULA HUSH has not confirmed the order to the consumer, no agreement has been concluded. If the consumer's acceptance deviates from HULA HUSH's offer, HULA HUSH is not bound by this. No agreement has then been concluded, unless the parties have expressly agreed otherwise in writing.
3.4 HULA HUSH reserves the right to refuse orders. The consumer will be informed of such a refusal, with or without stating the reason. In that case, any payment already made will of course be refunded to the account of the bank or credit card company from which this payment originated.
3.5 Ordering from us – via the website or by e-mail – creates a legally valid purchase agreement, on which payment must follow.
Article 4. Prices / shipping costs / payment / retention of title / default of payment
4.1 The prices stated for the products and services offered are in euros including VAT, unless explicitly stated otherwise.
4.2 For transport within the Netherlands and Belgium , with the exception of the Caribbean Netherlands, charges HULA HUSH a maximum of €6.95. For consumers from countries other than the Netherlands, the contribution to shipping costs depends on the country and the amount of the order. HULA HUSH reserves the right to conform this amount to the most current rates for these services by Post NL or an equivalent provider of parcel services.
4.3 HULA HUSH works in principle by means of advance payment. After placing an order, the consumer will receive a confirmation by e-mail containing the total costs, including shipping costs. No additional costs are charged for online payments. After receipt of full payment, HULA HUSH will ship the consumer's order. All items remain the property of HULA HUSH until full payment has been received.
Article 5. Delivery
5.1 HULA HUSH ships all orders in principle within 1-2 working days after receipt of the order via Post NL to the delivery address indicated when ordering. If we deviate from this for certain reasons, the consumer will be notified by e-mail. If the consumer is not at home at the time of delivery, the consumer can pick up the package at a Post NL collection point nearby. If the package is not collected within 3 weeks, we will receive the package back. HULA HUSH will refund the purchase amount minus shipping costs to the consumer.
5.2 If terms are stated in working days, this means all days from Monday to Friday, with the exception of statutory holidays.
5.3 The stated delivery times are only indicative. Exceeding the agreed delivery times does not entitle the consumer to compensation, termination of the agreement or non-fulfillment of any obligation that the consumer may have arising from this or any other related agreement.
5.4 The product must be delivered to the consumer no later than 30 days after ordering. If this does not happen, the consumer can immediately cancel the purchase. The foregoing does not apply if the parties have agreed on a different delivery period, if there is force majeure on the part of HULA HUSH or the third party(ies) engaged by it.
5.5 HULA HUSH strives to deliver the order in one go, but can also deliver the order in parts.
5.6 We do our best to keep the website as up-to-date as possible. However, it may happen that an item is no longer available. In that case, HULA HUSH will contact the consumer as soon as possible.
Article 6. Right of withdrawal / return / warranty
6.1 You have a cooling-off period of 14 working days to return the product without giving a reason, with the exception of earwear which will not be accepted for hygienic reasons.
If you would like to view the item (earrings), we can seal the earrings for you upon request.
6.2 The item must be checked upon receipt for any errors, imperfections or damage. These must be reported to us by e-mail within 14 days of receipt by the consumer. Items with an error, imperfection or damage that are returned without the consumer reporting an error, imperfection or damage within 14 days of receipt cannot be accepted.
6.3 You must indicate by e-mail within 24 hours of receipt which items you wish to exchange, and return these item(s) to us within 14 days, unworn, undamaged, properly packaged in the original packaging and with sufficient postage. . The costs for return shipping are at your expense.
6.4 Within 14 days of receipt of the returned items, we will instruct the bank or credit card company used when placing the original order to return the amount already paid (including any standard shipping costs) to the consumer.
Article 7. Force majeure
7.1 In the event of force majeure, HULA HUSH has the right, at its own discretion, to suspend the execution of the order or to terminate the agreement without judicial intervention, by communicating this in writing and without HULA HUSH being obliged to any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
7.2 Force majeure means any shortcoming that cannot be attributed to HULA HUSH, because it is not its fault and is not its responsibility under the law, legal act or generally accepted views.
Article 8. Liability
8.1 The content of the webshop and other expressions of HULA HUSH have been compiled with the greatest care. However, HULA HUSH cannot rule out that certain information is incorrect and/or incomplete. HULA HUSH is not liable for the consequences of incorrect or incomplete information provided by it unintentionally.
8.2 HULA HUSH is not liable for color deviations due to screen quality.
8.3 HULA HUSH does not display the products in actual size for the sake of visibility on your screen. The actual dimensions of the products are shown as carefully as possible in the description of the product in question. HULA HUSH is not liable for dimensional differences between the photos and the actual product nor for measurement errors in the description provided.
Article 9. Warranty
9.1 The warranty provision is determined in accordance with applicable law, whereby in the event of defects we will first exchange or repair the products if desired. If a product cannot be repaired or if the exchanged product is also defective, you can return the products for a refund of the full purchase price (excl. shipping costs).
9.2 The warranty covers material and production errors. Breakage, discoloration and damage as well as other damage caused by wearing the jewelry are excluded. The foregoing is at the sole discretion of HULA HUSH .
9.3 If you are entitled to the warranty scheme, you will receive the repaired item back, or a new item, or, if the item is no longer in the collection, then an equivalent product from the HULA HUSH collection of your choice.
9.4 When using this warranty, you must always contact info@hulahush.com prior to return with your request for repair or exchange and details of the defects. Please state your order number, name, address and place of residence and which item it concerns.
Article 10. Applicable law
11.1 All rights, obligations, offers, orders and agreements to which these conditions apply are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.