General terms & conditions

TERMS AND CONDITIONS

General

This website is operated by HouseofLeiden.com. Throughout the site, the terms “we,” “us,” “our,” and “the Company” refer to HouseofLeiden.com. HouseofLeiden.com provides this website, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.

By visiting our website and/or purchasing products from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”), including any additional terms, conditions, and policies referenced herein and/or available via hyperlink. These Terms apply to all users of the website, including, without limitation, browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. Where these Terms are deemed an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the current store shall also be subject to these Terms. The most current version of the Terms may be reviewed at any time on this page. We reserve the right to update, modify, or replace any part of these Terms by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our online store is hosted by Shopify Inc., which provides us with the e-commerce platform that enables us to sell our products and services to you.

By agreeing to these Terms, you represent that you have reached the age of majority in your state, province, or country of residence, or that you have reached the age of majority and have given us consent to allow any of your minor dependents to use this site.

You may not use our products for any unlawful or unauthorized purpose, nor may you violate any applicable laws in your jurisdiction while using the Service, including but not limited to copyright laws.

You must not transmit any worms, viruses, malware, or any code of a destructive nature.

Any breach or violation of these Terms will result in the immediate termination of your access to the Service.

We reserve the right to refuse service to any person at any time for any reason.

You acknowledge that your content (excluding payment card information) may be transferred unencrypted and may involve:
(a) transmissions over various networks; and
(b) modifications to conform and adapt to the technical requirements of connecting networks or devices.

Payment card information is always encrypted during transmission across networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express prior written consent.

The headings used in these Terms are included for convenience only and shall not affect the interpretation of these Terms.

ARTICLE 1 – DEFINITIONS

For the purposes of these Terms and Conditions, the following definitions shall apply:

Cooling-Off Period: The period during which the Consumer may exercise the Right of Withdrawal.

Consumer: Any natural person acting for purposes outside their trade, business, craft, or profession who enters into a distance contract with the Company.

Day: The current calendar day.

Continuous Performance Contract: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligations of which are spread over time.

Durable Medium: Any instrument that enables the Consumer or the Company to store information addressed personally to them in a manner accessible for future reference and allowing unchanged reproduction of the information stored.

Right of Withdrawal: The Consumer’s right to withdraw from a distance contract within the Cooling-Off Period.

Company: The natural or legal person offering products and/or services to Consumers by means of distance selling.

Distance Contract: A contract concluded within the framework of an organized system for the distance sale of products and/or services, 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: Any means that may be used to conclude a contract without the Consumer and the Company being simultaneously present in the same location.

Terms and Conditions: These Terms and Conditions of the Company.

ARTICLE 2 – THE OFFER

If an offer is subject to a limited period of validity or specific conditions, this shall be expressly stated in the offer.

All offers are non-binding. The Company reserves the right to amend and adjust any offer.

The offer shall contain a complete and accurate description of the products and/or services offered. The description shall be sufficiently detailed to enable the Consumer to make a proper assessment of the offer.

Where the Company uses images, such images shall be a true representation of the products and/or services offered. Obvious errors, mistakes, or inaccuracies in the offer shall not be binding upon the Company.

All images, specifications, and product information provided are indicative only and shall not give rise to any claim for damages or rescission of the agreement.

Product images are intended to provide an accurate representation of the products offered. However, the Company cannot guarantee that displayed colours will correspond exactly to the actual colours of the products.

Each offer shall contain such information as is necessary to make clear to the Consumer the rights and obligations associated with acceptance of the offer, including in particular:

  • The price, excluding customs clearance charges and import VAT. Such additional charges shall be borne entirely by the Customer. Postal and courier services may apply special import arrangements and collect import VAT and any customs clearance charges directly from the recipient;
  • Any applicable shipping costs;
  • The manner in which the agreement will be concluded and the actions required for that purpose;
  • Whether or not the Right of Withdrawal applies;
  • The method of payment, delivery, and performance of the agreement;
  • The period during which the offer remains valid or during which the Company guarantees the quoted price;
  • The cost of distance communication where such costs are calculated on a basis other than the standard rate for the communication method used;
  • Whether the agreement will be archived after conclusion and, if so, how the Consumer may access it;
  • The manner in which the Consumer may review and, where necessary, correct information provided in connection with the agreement prior to its conclusion;
  • Any languages in which the agreement may be concluded in addition to Dutch;
  • Any codes of conduct to which the Company is subject and the manner in which such codes may be consulted electronically by the Consumer; and
  • The minimum duration of the distance contract in the case of a Continuous Performance Contract.

ARTICLE 3 – APPLICABILITY

These Terms and Conditions apply to every offer made by the Company and to every distance contract and order concluded between the Company and the Consumer.

Prior to the conclusion of a distance contract, the text of these Terms and Conditions shall be made available to the Consumer. If this is not reasonably possible, the Company shall indicate, before the contract is concluded, where the Terms and Conditions may be inspected and that they will be provided free of charge upon request.

Where the distance contract is concluded electronically, the text of these Terms and Conditions may be made available electronically in such a manner that the Consumer can easily store them on a Durable Medium. If this is not reasonably possible, the Company shall indicate where the Terms and Conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon request.

Where specific product or service conditions apply in addition to these Terms and Conditions, the provisions above shall apply accordingly. In the event of conflicting provisions, the Consumer may always rely upon the provision that is most favourable to them.

Should any provision of these Terms and Conditions be deemed wholly or partially invalid, void, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the intent of the original provision.

Any situations not expressly governed by these Terms and Conditions shall be interpreted in accordance with the spirit and purpose of these Terms and Conditions.

Any ambiguity regarding the interpretation or content of one or more provisions shall likewise be interpreted in accordance with the spirit and purpose of these Terms and Conditions.

ARTICLE 4 – IDENTITY OF THE COMPANY

HouseofLeiden.com
Emagine Finance B.V.
Achthovenerweg 54A
2351 AZ Leiderdorp
The Netherlands

Email: info@houseofleiden.com

ARTICLE 5 – THE AGREEMENT

Subject to the provisions of paragraph 4 of this Article, the agreement shall be concluded at the moment the Consumer accepts the offer and complies with the conditions attached thereto.

If the Consumer has accepted the offer electronically, the Company shall promptly acknowledge receipt of the acceptance electronically. Until such receipt has been confirmed by the Company, the Consumer shall be entitled to terminate the agreement.

Where the agreement is concluded electronically, the Company shall implement appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure online environment. If the Consumer is able to make payments electronically, the Company shall observe appropriate security measures.

Within the limits of applicable law, the Company may investigate whether the Consumer is able to meet their payment obligations, as well as any facts and circumstances relevant to the responsible conclusion of a distance contract. If, based on such investigation, the Company has reasonable grounds not to enter into the agreement, it shall be entitled to refuse an order or application, stating its reasons, or to attach special conditions to its execution.

The Company shall provide the Consumer with the following information, in writing or in a manner that allows the Consumer to store it on a Durable Medium in an accessible format, together with the product or service:

  1. The visiting address of the Company's business establishment where the Consumer may submit complaints;
  2. The conditions under which and the manner in which the Consumer may exercise the Right of Withdrawal, or a clear statement where the Right of Withdrawal does not apply;
  3. Information regarding guarantees and after-sales services;
  4. The information referred to in Article 4 of these Terms and Conditions, unless such information has already been provided to the Consumer prior to the performance of the agreement;
  5. The requirements for terminating the agreement where the agreement has a duration of more than one year or is concluded for an indefinite period.

In the case of a Continuous Performance Contract, the provisions of the preceding paragraph shall apply only to the first delivery.

Every agreement shall be entered into subject to the suspensive condition of sufficient availability of the products concerned.

ARTICLE 6 – RIGHT OF WITHDRAWAL

When purchasing products, the Consumer shall have the right to withdraw from the agreement without stating any reason within fourteen (14) days.

The Cooling-Off Period shall commence on the day following receipt of the product by the Consumer or by a representative designated by the Consumer and made known to the Company in advance.

During the Cooling-Off Period, the Consumer shall handle the product and its packaging with due care. The Consumer shall only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product and to determine whether they wish to retain it.

If the Consumer exercises the Right of Withdrawal, they shall return the product, together 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 Company.

If the Consumer wishes to exercise the Right of Withdrawal, they must notify the Company within fourteen (14) days of receiving the product. Such notification must be made by means of a written statement or email.

After notifying the Company of the intention to exercise the Right of Withdrawal, the Consumer must return the product within fourteen (14) days.

The Consumer must provide proof that the returned goods were dispatched in a timely manner, for example by means of proof of shipment.

If the Consumer has neither notified the Company of the intention to exercise the Right of Withdrawal nor returned the product within the periods specified above, the purchase shall be deemed final and binding.

ARTICLE 7 – COSTS IN THE EVENT OF WITHDRAWAL

If the Consumer exercises the Right of Withdrawal, the direct costs of returning the products shall be borne by the Consumer.

If the Consumer has made a payment, the Company shall reimburse such payment as soon as reasonably possible and, in any event, no later than fourteen (14) days after receipt of the withdrawal notice.

The Company may withhold reimbursement until it has received the returned product or until the Consumer has supplied satisfactory evidence of having returned the product, whichever occurs first.

ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

The Company may exclude the Consumer’s Right of Withdrawal for products and services as described in this Article, provided that the Company has clearly stated such exclusion in the offer or, at the latest, before the conclusion of the agreement.

The Right of Withdrawal may only be excluded for products:

  1. Manufactured according to the Consumer’s specifications;
  2. Clearly personalized in nature;
  3. Which, by their nature, cannot be returned;
  4. Which are liable to deteriorate or expire rapidly;
  5. The price of which is subject to fluctuations in the financial market beyond the Company’s control;
  6. Consisting of individual newspapers or magazines;
  7. Consisting of audio or video recordings and computer software where the Consumer has broken the seal;
  8. Consisting of hygiene products where the Consumer has broken the seal.

The Right of Withdrawal may only be excluded for services:

  1. Relating to accommodation, transport, catering, or leisure activities to be provided on a specific date or during a specific period;
  2. Where performance has commenced with the Consumer’s express prior consent before the expiry of the Cooling-Off Period;
  3. Relating to betting, gambling, or lottery services.

ARTICLE 9 – PRICES

The Company reserves the right to amend the prices of products and/or services offered during the validity period stated in the offer, including as a result of changes in applicable VAT rates.

Notwithstanding the foregoing, the Company may offer products or services whose prices are subject to fluctuations in the financial market over which the Company has no control, at variable prices. The fact that prices are subject to such fluctuations and that any stated prices are indicative shall be clearly communicated in the offer.

Price increases within three (3) months of the conclusion of the agreement shall only be permitted if they result from statutory regulations or governmental provisions.

Price increases occurring more than three (3) months after the conclusion of the agreement shall only be permitted if:

  1. They result from statutory regulations or governmental provisions; or
  2. The Consumer is entitled to terminate the agreement with effect from the date on which the price increase takes effect.

Pursuant to Article 5(1) of the Dutch Turnover Tax Act 1968 (Wet op de Omzetbelasting 1968), the place of supply shall be deemed to be the country where the transport of the goods commences. In the present case, the goods are supplied from outside the European Union.

Consequently, import VAT and/or customs clearance charges may be collected by the postal or courier service from the recipient upon importation. Accordingly, the Company shall not charge VAT on such transactions.

All prices are subject to typographical and clerical errors. No liability shall be accepted for the consequences of such errors. In the event of a typographical or clerical error, the Company shall not be obliged to supply products at the incorrectly stated price.

ARTICLE 10 – CONFORMITY AND WARRANTY

The Company warrants that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable standards of quality and usability, and all applicable statutory provisions and governmental regulations existing on the date of conclusion of the agreement.

Where expressly agreed, the Company also warrants that the product is suitable for purposes other than its normal intended use.

Any warranty provided by the Company, manufacturer, or importer shall be without prejudice to the Consumer’s statutory rights and remedies under applicable law.

Any defects or incorrectly delivered products must be reported to the Company in writing within fourteen (14) days of delivery.

Returned products must be sent in their original packaging and, where reasonably possible, in new and unused condition.

The warranty period provided by the Company shall correspond to the manufacturer's warranty period. However, the Company shall never be responsible for the ultimate suitability of products for any individual application intended by the Consumer, nor for any advice regarding the use or application of the products.

The warranty shall not apply if:

  1. The Consumer has repaired, modified, or altered the delivered products themselves, or has had such repairs, modifications, or alterations carried out by third parties;
  2. The delivered products have been exposed to abnormal conditions, handled negligently, or used contrary to the Company’s instructions and/or the instructions stated on the packaging;
  3. The defect is wholly or partly the result of regulations imposed by governmental authorities concerning the nature or quality of the materials used.

ARTICLE 11 – PERSONAL INFORMATION

The submission of personal information through the online store is governed by our Privacy Policy.

By using the website and providing personal information, you consent to the collection, processing, storage, and use of your personal data in accordance with our Privacy Policy and applicable data protection laws, including the General Data Protection Regulation (GDPR), where applicable.

For further information regarding how we collect, process, and protect personal data, please refer to our Privacy Policy.

ARTICLE 12 – ERRORS, INACCURACIES, AND OMISSIONS

From time to time, information on our website or within the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and product availability.

The Company reserves the right to correct any errors, inaccuracies, or omissions and to amend or update information, or cancel orders, where any information in the Service or on any related website is inaccurate at any time and without prior notice, including after an order has been submitted.

The Company undertakes no obligation to update, amend, or clarify information contained in the Service or on any related website, including, without limitation, pricing information, except where required by applicable law.

No specified update or refresh date applied to the Service or any related website shall be construed as indicating that all information contained therein has been modified or updated.

ARTICLE 13 – AMENDMENTS TO THE TERMS OF SERVICE

The most current version of these Terms of Service may be reviewed at any time on this page.

The Company reserves the right, at its sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on its website.

It is the responsibility of the user to check the website periodically for changes.

Continued use of, or access to, the website or the Service following the posting of any amendments to these Terms of Service shall constitute acceptance of those amendments.