Terms of service

Terms & Conditions

Article 1 – Definitions

The following definitions apply in these Terms & Conditions:

Withdrawal Period the period within which the consumer can exercise their right of withdrawal;

Consumer a 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;

Continuous 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 a period of time;

Durable Medium any tool that enables the consumer or trader to store information addressed to them personally in a way that allows future reference 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 concluded within the framework of a system organized by the trader for the distance selling of products and/or services, in which, up to and including the moment the contract is concluded, exclusive use is made of one or more means of distance communication;

Means of Distance Communication means that can be used to conclude a contract without the consumer and trader being in the same place at the same time;

Terms & Conditions these present Terms & Conditions of the trader.

Article 2 – Identity of the Trader

Company name: Eminence Stores Trade name: Hudson Maison Customer service email: info@hudsonmaison.com Chamber of Commerce number: 69858772 VAT identification number: NL002324124B37 Business address (not a return address): Schuilenburg 57, 2135GK Hoofddorp, Netherlands

Article 3 – Applicability

These Terms & 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 & 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 & Conditions can be viewed at the trader's premises, and they will be sent to the consumer free of charge as quickly as possible upon request.

If the distance contract is concluded electronically, the text of these Terms & Conditions may, notwithstanding the previous paragraph, be made available to the consumer electronically before the distance contract is concluded in such a way that it can easily be stored by the consumer on a durable medium. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, where the Terms & Conditions can be viewed electronically, and that they will be sent electronically or by other means free of charge at the consumer's request.

Where specific product or service terms apply in addition to these Terms & Conditions, paragraphs 2 and 3 above apply accordingly, and in the event of conflicting terms, the consumer may always rely on whichever provision is most favorable to them.

Should one or more provisions of these Terms & Conditions be wholly or partially invalid or void at any time, the remainder of the contract and these Terms & Conditions will remain in force, and the provision in question will be promptly replaced by mutual agreement with a provision that reflects the intent of the original provision as closely as possible.

Situations not covered by these Terms & Conditions should be assessed "in the spirit" of these Terms & Conditions.

Any ambiguity regarding the interpretation or content of one or more provisions of our Terms & Conditions should be interpreted "in keeping with the spirit" of these Terms & Conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The trader has the right to modify and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the trader uses images, they 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 termination of the contract.

Images accompanying products are a true representation of the products offered. The trader cannot guarantee that the colors shown match the actual colors of the products exactly.

Each offer contains information making clear to the consumer what rights and obligations are attached to accepting the offer. This includes in particular:

  • the price, excluding any customs clearance fees and import duties or taxes that may be charged upon delivery. These additional costs are the responsibility of, and at the risk of, the customer. The postal and/or courier service may collect any applicable import duties or taxes directly from the recipient of the goods upon delivery, in accordance with the customs regulations of the destination country;
  • any shipping costs;
  • the manner in which the agreement will be concluded and what actions are required to do so;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery, and performance of the contract;
  • the deadline for accepting the offer, or the period within which the trader guarantees the price;
  • the level of the distance communication tariff, if the cost of using the means of distance communication is calculated on a basis other than the regular base rate for the means of communication used;
  • whether the contract will be archived after it is concluded and, if so, how the consumer can access it;
  • the manner in which the consumer can, before concluding the contract, review and, if desired, correct the data provided by them under the contract;
  • any other languages in which the contract can be concluded besides English;
  • any codes of conduct to which the trader is subject, and how the consumer can view these codes of conduct electronically; and
  • the minimum duration of the distance contract in the case of a continuous performance contract.

Optional: available sizes, colors, material types.

Article 5 – The Agreement

Subject to the provisions in paragraph 4, the contract is formed at the moment the consumer accepts the offer and satisfies the associated conditions.

If the consumer has accepted the offer electronically, the trader will promptly confirm electronic receipt of acceptance of the offer. Until receipt of this acceptance has 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.

The trader may, within the legal framework, inquire into whether the consumer can meet their payment obligations, as well as into any facts and factors relevant to the responsible conclusion of the distance contract. If, based on this inquiry, the trader has good grounds not to enter into the contract, the trader is entitled to refuse an order or request, or to attach special conditions to its performance, stating the reasons.

The trader will provide the consumer with the following information, in writing or in a manner that allows the consumer to store it accessibly on a durable medium, together with the product or service:

  • the visiting address of the trader's place of business where the consumer can direct complaints;
  • the conditions under which, and the manner in which, the consumer can exercise the right of withdrawal, or a clear statement regarding exclusion of the right of withdrawal;
  • information about guarantees and existing customer service;
  • the information referred to in Article 4, paragraph 3 of these Terms, unless the trader has already provided this information to the consumer prior to performance of the contract;
  • the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a continuous performance contract, the provision in the previous paragraph applies only to the first delivery.

Every contract is entered into subject to the condition that sufficient stock of the relevant products is available.

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 the product is received by the consumer, or by a representative previously designated by the consumer and notified to the trader.

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, they will return the product to the trader with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise their right of withdrawal, they are required to notify the trader within 30 days of receiving the product. The consumer must provide this notice in the form of a written message/email. After the consumer has stated that they wish to exercise their right of withdrawal, they must return the product within 30 days. The consumer must be able to demonstrate that the delivered goods were returned in time, for example by means of proof of shipment.

If the customer has not expressed a wish to exercise their right of withdrawal, or has not returned the product to the trader after expiry of 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 their right of withdrawal, the cost of returning the products is 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 14 days after the withdrawal, provided the product has already been returned to the trader, or conclusive proof of complete return 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. This exclusion only applies if the trader has clearly stated it in the offer, at least in good time before the contract is concluded.

Exclusion of the right of withdrawal is only possible for products:

  • that are made by the trader according to the consumer's specifications;
  • that are clearly personal in nature;
  • that cannot be returned due to their nature;
  • that can spoil or age quickly;
  • whose price is subject to fluctuations in the financial market over which the trader has no influence;
  • for individual newspapers and magazines;
  • for audio and video recordings and computer software of which the seal has been broken by the consumer;
  • for hygiene products of which the seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

  • relating to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
  • the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;
  • relating to bets 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/sales tax rates.

Notwithstanding the previous paragraph, the trader may offer products or services with variable prices where those prices are subject to fluctuations in the financial market beyond the trader's control. Such a link to fluctuations, and the fact that any stated prices are indicative, will be stated in the offer.

Price increases within 3 months of the contract being concluded are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the contract is concluded are only permitted if the trader has stipulated this and:

  • they result from statutory regulations or provisions; or
  • the consumer has the right to terminate the contract as of the day the price increase takes effect.

Pursuant to Section 5(1) of the Dutch Turnover Tax Act 1968 (Wet op de omzetbelasting 1968), the place of supply is the country where transport begins. In this case, delivery takes place outside the EU. Accordingly, the postal or courier service will collect import VAT/duties from the customer, and the trader does not charge VAT.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting 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, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force at the time the contract is concluded. If agreed, the trader also warrants that the product is suitable for use other than normal use.

A warranty provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the trader under the contract.

Defective or incorrectly delivered products should 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 each 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 had them repaired and/or modified by third parties;
  • the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the trader's instructions and/or the 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.

The place of delivery is the address the consumer has provided to the trader.

Subject to the provisions in Article 4 of these Terms & Conditions, the trader will execute accepted orders as quickly as possible, 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 fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In this 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 of the dissolution.

If delivery of an ordered product proves impossible, the trader will make efforts to deliver a substitute item. No later than at the time of delivery, it will be stated clearly and comprehensibly that a substitute item is being delivered. The right of withdrawal cannot be excluded for substitute items. The cost of any return shipment will be borne by the trader.

The risk of damage to and/or loss of products remains with the trader until the moment of delivery to the consumer, or to a representative previously designated by the consumer and notified to the trader, unless expressly agreed otherwise.

Article 12 – Continuous Performance Contracts: Duration, Termination, and Renewal

Termination

The consumer may terminate an indefinite-term contract for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract for the regular delivery of products (including electricity) or services at any time as of the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may, with respect to the agreements referred to in the preceding paragraphs:

  • terminate them at any time and not be limited to termination at a specific point or period in time;
  • terminate them at least in the same manner in which they were entered into;
  • always terminate them with the same notice period the trader has stipulated for itself.

Renewal

A contract concluded for a fixed period covering the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.

Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of daily or weekly newspapers and magazines may be automatically extended for a fixed period of up to three months, provided the consumer may terminate this extended contract at the end of the extension with a notice period of no more than one month.

A fixed-term contract for the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and, if the contract concerns the regular but less than once-monthly delivery of daily or weekly newspapers and magazines, with a notice period of no more than three months.

A fixed-term contract for the regular trial or introductory delivery of daily or weekly newspapers and magazines will not be automatically continued and will end 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 no more than one month, unless reasonableness and fairness dictate otherwise before the end of the agreed term.

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(1). In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.

The consumer has a duty to promptly report any inaccuracies in the payment details provided or stated to the trader.

In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge reasonable costs that have been communicated 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 after the consumer has discovered 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 an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to dispute resolution.

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 & Conditions relate, even if the consumer resides abroad.

Article 16 – CESOP

Due to the measures introduced, and tightened as of 2024, under the "Act Amending the Turnover Tax Act 1968 (Payment Service Providers Directive Implementation Act)," and the resulting introduction of the Central Electronic System of Payment information (CESOP), payment service providers may register data in the European CESOP system.