Terms & Conditions Hunkemöller US
By accessing the Hunkemöller website, webshop or app, you are agreeing to be bound by these terms and conditions. We reserve the right to update or modify these Terms at any time without notice, subject to the proviso that the new general terms and conditions shall not apply to any agreement that has already been concluded and shall not apply before Hunkemöller publishes them on this website.If you do not agree to these Terms, please do not use or access our webshop or app.
Article 1 – Definitions
The following terms bear the meaning assigned to them for the purposes of these general terms and conditions:
- Hunkemöller B.V. (hereinafter also referred to as ‘Hunkemöller’) – the legal entity which sells products to consumers at a distance;
- consumer: (hereinafter also referred to as ‘you’) – a natural person who does not act for the purposes of practising a trade or profession, or running a company, and who enters into a distance agreement with Hunkemöller;
- distance agreement – an agreement pursuant to which Hunkemöller only uses one (1) or more distance communication technologies as part of a system that it organises for the sale of products at a distance through to the conclusion of that agreement;
- distance communication technology – a means that is used for the purposes of concluding an agreement without you and Hunkemöller simultaneously coming together in the same space;
- cooling-off period – a period during which you may exercise your right of cancellation;
- right of cancellation – your entitlement to end a distance agreement within the cooling-off period;
- day – calendar day;
- supply agreement – a distance agreement covering a series of products in respect of which the duty to effect delivery and/or procurement is spread over time;
- sustainable media – any means that enables Hunkemöller to store information addressed to you personally in a manner which makes it possible to consult the stored information in the future and to reproduce it without modification.
Article 2 – Details of Hunkemöller BV
Having its registered office in Amsterdam, the Netherlands, and its place of business at,
1221 JS Hilversum, Netherlands
Telephone number: +31 35 646 5412
Email address: firstname.lastname@example.org
Chamber of Commerce number: # 70913358
VAT identification number: # GB243 8339 95
VAT identification number: NL 8585.08.503.B.01
Article 3 - Scope of application
- These general terms and conditions shall apply to any offer made by Hunkemöller and to any distance agreement concluded between Hunkemöller and you. If you are under the age of 18, you must have the permission of your parent or legal guardian to make purchases.
- The text of these general terms and conditions shall be disclosed to you on the Hunkemöller website before any distance agreement is concluded.
- Contrary to the foregoing clause, in the event that a distance agreement is concluded by electronic means, the text of these general terms and conditions may be provided to you in electronic form before that distance agreement is concluded in such a manner that it is possible for you to store them easily on sustainable media. Should it not be reasonably possible to do so, before a distance agreement is concluded, you will be notified as to where you may familiarise yourself with these general terms and conditions in electronic form, and that they will be sent to you free of charge by electronic means or in some other way.
Article 4 - Offers
- We may refuse any order you place with us. We may limit or cancel quantities on orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we change or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number associated with the order. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers or distributors.
- An offer shall contain a comprehensive and accurate description of the products that are offered. A description must be sufficiently detailed in order to make it possible for you to assess the relevant offer properly. Where Hunkemöller makes use of illustrations, they shall truthfully depict the products and/or services that are offered. Hunkemöller shall not be bound by any apparent mistakes or errors in an offer.
Article 5 - Agreements
- Subject to the provisions of Clause (4) an agreement shall be concluded at such time as you accept the relevant offer and any conditions that are stipulated in this respect are satisfied.
- In the event that you accept an offer by electronic means, Hunkemöller shall immediately confirm its receipt of your notice of acceptance of the offer by electronic means.
- In the event that an agreement is concluded by electronic means, Hunkemöller shall adopt appropriate technological and organisational measures to secure the electronic transmission of data and it shall ensure the existence of a secure web environment. Should you make payment by electronic means, Hunkemöller shall adopt appropriate security measures.
- Hunkemöller shall disclose the following information to you along with the relevant product, so as to ensure that it can be consulted and stored on sustainable media in a manner that is easily accessible on the Hunkemöller website: (a) the Hunkemöller contact details and email and postal addresses which you can use to lodge a complaint; (b) the conditions subject to and the manner in which you can exercise your right of cancellation or a clearly legible notice precluding such right of cancellation; (c) information concerning existing after-sales service and any warranty; (d) the information stipulated in Article 4(3) of these general terms and conditions, unless Hunkemöller had already provided that information to you before the relevant agreement was executed.
- In the event that Hunkemöller undertakes to supply a series of products or services, the provisions of the foregoing clause shall only apply to the first delivery.
Article 6 – Right of cancellation where products are delivered
1. In the event that you purchase a product, you shall be entitled to cancel the relevant agreement without citing any grounds for doing so within no less than forty (40) days. This period shall commence on the day after the relevant product is received by you or on your behalf.
2. You will treat the product and its packaging carefully throughout this period of time. You may only unpack and use the product in so far as is necessary for the purposes of assessing whether you would like to keep it or not. In the event that you exercise your right of cancellation, you will return the product and any accessories that have been supplied to Hunkemöller in its or their original condition and packaging – if it is reasonably possible to do so – in accordance with any reasonable and clearly legible instructions issued by Hunkemöller.
Article 7 – Costs in the event of cancellation
1. In the event that you exercise your right of cancellation, you shall only be liable for the costs of return.
2. Please send returns via Return Portal to Global -E .
Article 8 – Preclusion of right of cancellation
1. Where you do not have a right of cancellation, Hunkemöller shall clearly state this in the relevant offer or at any rate before an agreement is concluded.
Article 9 – The price
1. The price of any product that is offered shall not be raised during the term of validity mentioned in that offer subject to any price increase due to a change in the VAT rates.
2. Any price increase which occurs within three (3) months after an agreement has been concluded shall only be permitted if it is due to any legally stipulated procedure or provisions.
3. Any price mentioned in an offer of a product shall be inclusive of VAT.
Article 10 – Conformity and warranty
1. Hunkemöller warrants that the relevant product will comply with the agreement concerned, the specifications stipulated in the offer in question, any reasonable requirements of proper workmanship and/or usability, and/or the relevant legal provisions and/or government regulations applicable on the date on which the agreement is concluded.
2. Any arrangement presented by way of a warranty by Hunkemöller, the manufacturer or importer shall not affect the rights and duties that you may enforce in relation to Hunkemöller under the law and/or pursuant to the relevant distance agreement in respect of any failure on the part of Hunkemöller to comply with its duties.
Article 11 – Fulfilment and delivery
1. Hunkemöller shall exercise reasonable care when an order is fulfilled and receipt is taken of a product.
2. The address that you disclose to Hunkemöller shall be deemed to constitute the place of delivery.
3. Subject to what is stipulated in this respect in Article 4 of these general terms and conditions, Hunkemöller shall use reasonable commercial efforts tothat it accepts expeditiously but by no later than within thirty (30) days. In the event that delivery is delayed or it is reasonably impossible to fulfil an order or only part of it, you shall be notified of this by no later than within thirty (30) days after you have placed that order. In such a case you shall be entitled to cancel the relevant agreement without incurring any costs.
4. In the event of cancellation in accordance with the foregoing clause, Hunkemöller shall refund the amount that you have paid as soon as possible but by no later than within thirty (30) days following such cancellation.
5. Hunkemöller shall bear the risk of any product being damaged and/or lost until such time as it is delivered to you. Please keep the original packaging for any alleged damaged product.
Article 12 – Payment
1. In so far as is not otherwise agreed, you shall be required to pay any amount due from you by means of a credit card or online bank transfer, before Hunkemöller accepts your order.
Article 13 – Complaints procedure
1. Hunkemöller has a complaints procedure that has been adequately disclosed and shall deal with any complaint in accordance with that complaints procedure as set out on its website.
2. Any complaint concerning the execution of an agreement must be comprehensively and clearly stated and must be submitted to Hunkemöller by email or in writing in due time after you notice any defect. The relevant contact details are mentioned on the website and in Article 2 of these general terms and conditions.
3. A reply shall be provided to any complaint that is submitted to email@example.com as soon as possible but by no later than within a period of fourteen (14) days as of the date on which it is received. Where it can be foreseen that a longer period of time will be required to deal with a complaint, Hunkemöller shall reply to it within a period of fourteen (14) days notifying you of its receipt and providing you with an indication as to when you may expect a more detailed answer.
Article 14 – Website Content
Unless otherwise noted, the website, all materials on the website, and the copyrights, trademarks, and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Hunkemöller The website and the Contents are intended solely for personal, non-commercial use. You may temporarily download or copy the Contents and other downloadable materials displayed on the website for your personal, non-commercial use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, sell or exploit in any way any of the Contents or the website.
Hunkemöller welcomes user comments. If you send creative ideas, suggestions, proposals, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that Hunkemöller may, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you send to Hunkemöller is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We reserve the right to monitor, edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You agree that your Comments will not contain libelous, unlawful, abusive or obscene material, or contain any computer virus or other malicious software that could in any way harm or otherwise affect the website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Hunkemöller or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Hunkemöller takes no responsibility and assumes no liability for any Comments posted by you or any third party.
While every effort is made for the timeliness and accuracy of the website content and services, we make no warranties either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness or usefulness, of any of the results obtained from its use.
We make no representation or warranty, express or implied, with respect to the content of the website, or links to other websites, including but not limited to accurateness, completeness, correctness, timeliness or reliability. We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this website, or the results to be obtained from using the website. We make no representation or warranty that the website or content is free from defects or viruses. Your use of external links and third-party websites is at your own risk and subject to the terms and conditions of use for such links and websites. .
While every effort is made so that all content provided on the website does not contain viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for viruses or otherwise protect your computer or device, and you should have a complete and current backup of the applicable items on your computer or device. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the website. While every effort is made for smooth and continuous operation, we do not warrant the website will operate error free.
By submitting a telephone number to Hunkemöller you agree that a representative of Hunkemöller can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any of our services.
Article 15 – Website Uptime
We take all reasonable steps so that our website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this website is unavailable at any time.Our website may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obliged to do so.
Article 16 – User Conduct
When using our website, you shall not post or send to or from either the website: (i) content for which you have not obtained all necessary consents; (ii) content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our website is being used; and/or (iii) content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our website in breach of this Section.
You shall not use our website while distracted or preoccupied, such as when operating a motor vehicle. You should access our website only with due regard for your own safety and the safety of others.
Article 17 – Website Changes
We reserve the right to: change, suspend or discontinue the website or any service, content, feature or product offered through the website, with or without notice; and/or offer promotions to some or all users of the website. You agree that we shall not be liable to you or to any third party for any change, suspension or discontinuance of the website, or any service, content, feature or product offered through the website.
Article 18 – Product Information
All products displayed on the website are available exclusively at the website. The prices displayed on the website are quoted in U.S. Dollars. These products may have limited quantities.
Article 19 – Colors
We make every effort to display the colors of our products that appear on the website as accurately as possible, but we cannot guarantee that your computer monitor's display of any color will be accurate.
Article 20 – Errors, Inaccuracies, and/or Omissions
At times, there may be information on our website containing typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, offers, and/or availability. We may, at any time and without prior notice, correct any errors, inaccuracies and/or omissions, change or update information, or cancel orders if any information on the website is inaccurate. Hunkemöller shall not be bound by any apparent mistakes or errors in an offer.
Article 21 –Links to Third Party websites
The website may contain links to other web sites that are not under the control of Hunkemöller. Hunkemöller has no responsibility for the linked Websites nor does linking constitute an endorsement of any linked website.
Article 22 – Text Marketing & Notifications
By subscribing to text marketing notifications you agree to receive recurring automated marketing messages and shopping cart reminder messages at the phone number provided. We determine cart abandoned by using a cookie and check whether the existing user has already opted in for text marketing. Consent is not a condition of purchases. Reply STOP to unsubscribe. HELP for help. Msg & Data rates may apply.
If you do not wish to be part of our service you can unsubscribe at any time by texting STOP, CANCEL, QUIT, END, or UNSUBSCRIBE to any mobile message received from us. You may get another text message confirming your unsubscribing from our service. You also agree that by sending an email, calling in, or sending any other means of opt out unsubscribe request or using words different than the ones presented above will not be reasonable means to unsubscribe you. When you opt in for our service you may expect to get occasional texts concerning latest text alerts, surveys, promotions and sweepstakes, welcome messages, customer win-backs, text campaigns, special offers, flash and other sales, and/or upsells. If your device does not support MMS we will deliver a SMS instead and strip the image. The opt out will also be delivered as a standard text message (SMS). Carriers (AT&T, T-mobile, Verizon, T-Mobile, Sprint, Rogers, MetroPCS, etc.) are not responsible or liable for undelivered or delayed messages.
Article 23 – Disclaimer
The website is provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Hunkemöller expressly disclaims any duty to update or revise the materials on the website. Your use of the website is at your sole risk, and you agree to assume full responsibility for any costs associated with your use of the website. Hunkemöller shall not be liable for any damages of any kind related to your use of the websites.
Article 24 – Limitation of Liability
YOUR USE OF OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE OR THE SERVICES AND/OR PRODUCTS, OR YOUR RELIANCE ON OR USE OF THE WEBSITE, THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
Article 25 – Indemnification
You agree to defend, indemnify and hold Hunkemöller harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the website and/or your breach of any representation, warranty, or other provision of the Agreement.
Article 26 – Assignment
These terms and conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you.
Article 27 – Terminations
These terms and conditions are effective unless and until terminated by either you or Hunkemöller . You may terminate at any time. Hunkemöller also may terminate these terms and conditions at any time without notice, and accordingly may deny you access to the website, if in our sole judgment you fail to comply with any term or provision of these terms and conditions. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination for all purposes.
Article 28 – Complaints procedure
1. Hunkemöller has a complaints procedure deal with any complaint in accordance with that complaints procedure as set out on its website. 2. Both you and Hunkemöller agree to the following dispute resolution procedure: In the event of any complaintcontroversy, claim, action or dispute arising out of, connected or related to any use of, or transaction conducted, on the website, or the breach, enforcement, interpretation, or validity of this agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try to settle such Dispute by providing written notice to the other party in due time after noticing any defect describing the facts and circumstances (including any relevant documentation) of the Dispute. 2. The notice of a Dispute must be submitted to you or Hunkemöller by email or in writing 3. A reply shall be provided to any Dispute complaint that is submitted to firstname.lastname@example.org as soon as possible but by no later than within a period of fourteen (14) business days as of the date on which it is received. Where it can be foreseen that a longer period of time will be required to deal with a complaint, Hunkemöller shall reply to it within a period of fourteen (14) business days notifying you of its receipt and providing you with an indication as to when you may expect a more detailed answer. Notice will be sent to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Article 29 – Disputes
1. Any agreement between Hunkemöller and you which is governed by these general terms and conditions shall be solely governed by and construed in accordance with the law of the Netherlands. Any dispute shall only be brought before a competent court of law in Amsterdam for adjudication without regard to any conflict of law provisions. If any provision of these terms and conditions is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. These terms and conditions constitutes the entire agreement between us relating to your use of the website and purchase of products. 2. Any Dispute not resolved with the dispute resolution procedure in Article 28 above shall only be brought before a competent court of law in Amsterdam for adjudication.
Article 30 – General
1221 JS Hilversum, The Netherlands
Telephone number: +31 35 646 5412