Terms of service
This website is operated by Hudson West. Throughout the site, the terms "we", "us" and "our" refer to Hudson West. Hudson West provides this website, including all information, tools and services available on this site, to you, the user, on condition that you agree to all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or content contributors. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.
If you do not agree to all the terms of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Article 1 – Definitions
In these terms, the following definitions apply: Cooling-off period: the period within which the consumer may exercise the right of withdrawal; Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession and who enters into a distance contract with the trader; Day: calendar day; Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time; Durable medium: any instrument that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information; Right of withdrawal: the option for the consumer to withdraw from the distance 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 under which, within the framework of a system organized by the trader for the distance selling of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract; Technique for distance communication: a means that can be used to conclude a contract without the consumer and trader being physically present in the same location at the same time; Terms and Conditions: these present Terms and Conditions of the trader.
Article 2 – Identity of the trader
Email address: info@hudsonwestldn.com
Company name: Hudson West
Registration number: 08745213
Address: United Kingdom
Article 3 – Applicability
These terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer. Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, that the terms and conditions can be reviewed at the trader's premises and that they will be sent free of charge to the consumer as soon as possible upon request. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer, either electronically or otherwise, upon request. Where specific product or service terms also apply in addition to these terms and conditions, the second and third paragraphs apply correspondingly, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them. If any one or more provisions of these terms and conditions are at any time wholly or partially void or voided, the contract and these terms and conditions otherwise remain in force, and the provision in question will promptly be replaced, by mutual agreement, with a provision that approximates the intent of the original as closely as possible. Situations not covered by these terms and conditions must be assessed "in the spirit" of these terms and conditions. Ambiguities regarding the interpretation or content of one or more provisions of our terms must be interpreted "in the spirit" of these terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer. The offer is without obligation. The trader is entitled to modify and amend the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract. Product images are a true representation of the products offered. The trader cannot guarantee that the colors displayed exactly match the actual colors of the products. Every offer contains information that makes clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular: the price, excluding customs clearance costs and import VAT. These additional costs will be for the account and risk of the customer. The postal or courier service will apply the special scheme for postal and courier services with regard to the import. This scheme applies when the goods are imported into the EU country of destination, which is the case here. The postal or courier service collects the VAT (whether or not together with the customs clearance costs charged) from the recipient of the goods; any delivery costs; the manner in which the contract will be concluded and which actions are required for this; whether or not the right of withdrawal applies; the method of payment, delivery and performance of the contract; the period for acceptance of the offer, or the period within which the trader guarantees the price; the amount of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the communication method used; whether the contract is archived after it is concluded, and if so, how the consumer can access it; the manner in which the consumer, prior to concluding the contract, can verify and, if desired, correct the information they have provided under the contract; any other languages, besides English, in which the contract can be concluded; the codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the case of a continuing performance contract. Optional: available sizes, colors, types of materials.
Article 5 – The contract
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and satisfies the corresponding conditions. If the consumer has accepted the offer electronically, the trader will promptly confirm electronic receipt of the acceptance of the offer. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract. If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures to that end. The trader may, within legal limits, verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, it is entitled to refuse an order or request, with reasons given, or to attach special conditions to its performance. The trader will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium: 1. the visiting address of the trader's place of business where the consumer can lodge complaints; 2. the conditions under which, and the manner in which, the consumer may exercise the right of withdrawal, or a clear notice regarding exclusion from the right of withdrawal; 3. information about guarantees and existing after-sales service; 4. the information included in Article 4(3) of these terms, unless the trader has already provided the consumer with this information prior to performance of the contract; 5. the requirements for terminating the contract if it has a duration of more than one year or is of indefinite duration. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery. Every contract is entered into subject to the condition of sufficient availability of the relevant products.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving reasons for a period of 30 days. This cooling-off period begins on the day after receipt of the product by the consumer, or by a representative designated in advance by the consumer and made known to the trader. During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises the right of withdrawal, they will return the product, with all delivered accessories and, if reasonably possible, in its original condition and packaging, to the trader, in accordance with the reasonable and clear instructions provided by the trader. If the consumer wishes to exercise the right of withdrawal, they are required to notify the trader within 30 days of receiving the product. Notification must be made by the consumer by means of a written message/email. After the consumer has notified the trader of their wish to exercise the right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment. If the customer does not notify the trader of their intention to exercise the right of withdrawal, or does not return the product, within the periods referred to in paragraphs 2 and 3, the purchase is final.
Article 7 – Costs in the event of withdrawal
If the consumer exercises the right of withdrawal, the costs of returning the products are borne by the consumer. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than within 30 days following withdrawal. This is subject to the condition that the product has already been received back by the online retailer, or conclusive proof of complete return shipment can be provided.
Article 8 – Exclusion of the right of withdrawal
The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the contract. Exclusion of the right of withdrawal is only possible for products: 1. that have been produced by the trader in accordance with the consumer's specifications; 2. that are clearly personal in nature; 3. that cannot be returned due to their nature; 4. that can spoil or age quickly; 5. the price of which is subject to fluctuations in the financial market over which the trader has no influence; 6. for single newspapers and magazines; 7. for audio and video recordings and computer software of which the consumer has broken the seal; 8. for hygienic products of which the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services: 1. relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period; 2. the delivery of which has begun, with the consumer's explicit prior consent, before the cooling-off period has expired; 3. relating to betting and lotteries.
Article 9 – The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, at variable prices. This dependency on fluctuations, and the fact that any prices stated are target prices, will be stated with the offer. Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and: 1. they result from statutory regulations or provisions; or 2. the consumer has the right to cancel the contract with effect from the day on which the price increase takes effect. The place of delivery, pursuant to Article 5, first paragraph, of the Turnover Tax Act 1968, is the country from which transport begins. In this case, this delivery takes place outside the EU. Accordingly, import VAT and/or customs clearance costs will be collected from the customer by the postal or courier service. Consequently, no VAT will be charged by the trader. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the trader is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and warranty
The trader warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in existence on the date the contract is concluded. If agreed, the trader also warrants that the product is suitable for uses other than normal use. A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the contract on any other basis. Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition. The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products. The warranty does not apply if: the consumer has repaired and/or modified the delivered products themselves, or has had them repaired and/or modified by third parties; the delivered products have been exposed to abnormal conditions or otherwise handled carelessly, or handled contrary to the trader's instructions and/or instructions on the packaging; the defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 11 – Delivery and performance
The trader will exercise the greatest possible care when receiving and executing orders for products. With due observance of what is stated in Article 4 of these terms and conditions, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and the right to any compensation. In the event of dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution. If delivery of an ordered product proves impossible, the trader will make an effort to make a replacement item available. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the trader. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
Article 12 – Continuing performance contracts: duration, termination and renewal
Termination. The consumer may terminate, at any time, a contract that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period of at most one month. The consumer may terminate a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the definite period, subject to the agreed termination rules and a notice period of at most one month. With respect to the contracts referred to in the previous paragraphs, the consumer may: terminate them at any time and is not restricted to termination at a specific time or during a specific period; terminate them at least in the same manner in which they were entered into; always terminate them with the same notice period as the trader has stipulated for itself. Renewal. A contract entered into for a definite period that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period. Notwithstanding the previous paragraph, a contract entered into for a definite period that extends to the regular delivery of daily newspapers, news publications, weeklies and magazines may be tacitly extended for a definite period of up to three months, if the consumer may terminate this extended contract towards the end of the extension with a notice period of at most one month. A contract entered into for a definite period that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of at most one month, and a notice period of at most three months in case the contract extends to the regular, but less than monthly, delivery of daily newspapers, news publications, weeklies and magazines. A contract with a limited duration for the regular, trial delivery of daily newspapers, news publications, weeklies and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period. Duration. If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of at most one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days of the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a contract to provide a service, this period begins after the consumer has received confirmation of the contract. The consumer has a duty to promptly report inaccuracies in payment details provided or stated to the trader. In the event of the consumer's default, the trader has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
Complaints about the performance of the contract must be submitted to the trader fully and clearly described within 7 days of the consumer discovering the defects. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure. A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing. If a complaint is found to be justified by the trader, the trader will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Dutch law exclusively applies to contracts between the trader and the consumer to which these terms and conditions relate. This applies even if the consumer resides abroad.
Article 16 – Contact information
Questions about these Terms of Service can be sent to us at info@hudsonwestldn.com.
