Terms & Conditions

GENERAL TERMS AND CONDITIONS House of Hymnia B.V.

House of Hymnia B.V.: House of Hymnia B.V., established in Haarlem, Chamber of Commerce no. ….. . Customer: the person with whom House of Hymnia B.V. has entered into an agreement.
3. Parties: House of Hymnia B.V. and customer together.
4. Consumer: a customer who is an individual buying our products for private purposes.

Applicability

These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of House of Hymnia B.V..
Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

All prices used by House of Hymnia B.V. are in euros, including the Dutch VAT of 21%, and exclusive of any other costs such as administrative costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
House of Hymnia B.V. is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
Increases in the cost prices of products or parts thereof, which House of Hymnia B.V. could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

Payments and payment term

House of Hymnia B.V. may, at the conclusion of the agreement for custom products, require a down payment of up to 50% of the agreed amount.
The customer must have paid the full amount within 7 days after confirming the custom order.
Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without House of Hymnia B.V. having to send the customer a reminder or to put him in default.
House of Hymnia B.V. reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

Consequences of late payment

If the customer does not pay within the agreed term, House of Hymnia B.V. is entitled to charge an interest of 2% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.
When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to House of Hymnia B.V..
The collection costs are calculated on the basis of the reimbursement for extrajudicial collection costs.
If the customer does not pay on time, House of Hymnia B.V. may suspend its obligations until the customer has met his payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of House of Hymnia B.V. on the customer are immediately due and payable.
If the customer refuses to cooperate with the performance of the agreement by House of Hymnia B.V., he is still obliged to pay he agreed price to House of Hymnia B.V..

Right of recovery of goods

House of Hymnia B.V. invokes the right of recovery by means of a written or electronic announcement.
As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to House of Hymnia B.V., unless the parties agree to make other arrangements about this.
The costs for the collection or return of the products are at the expense of the customer.

Right of cancellation

A consumer may cancel an online purchase during a period of 14 days without giving any reason, provided that:

the product has not been used
the products does not show any damages which were not there before shipping
the packaging is still intact and purchase does not concern an urgent repair
the consumer has renounced his right of cancellation

The reflection period of 14 days as referred to in paragraph 1 commences:
on the day after the consumer has received the product.
The consumer can notify his right of cancellation via our mail account info@houseofhymnia.com.
The consumer is obliged to return the product to House of Hymnia B.V. within 14 days after the notification of his right of cancellation, after which period his right of cancellation will lapse.
The costs for return are for House of Hymnia B.V. if the complete order is returned.
If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, House of Hymnia B.V. will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to House of Hymnia B.V. in time.

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

House of Hymnia B.V. can appeal to his right of retention of title and in that case retain the products sold by House of Hymnia B.V. to the customer until the customer has paid all outstanding invoices with regard to House of Hymnia B.V., unless the customer has provided sufficient security for these payments.
The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to House of Hymnia B.V..
House of Hymnia B.V. is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement

The customer waives his right to settle any debt to House of Hymnia B.V. with any claim on House of Hymnia B.V..

Retention of title

House of Hymnia B.V. remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to House of Hymnia B.V. under whatever agreement with House of Hymnia B.V. including of claims regarding the shortcomings in the performance.
Until then, House of Hymnia B.V. can invoke its retention of title and take back the goods.
Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
If House of Hymnia B.V. invokes its retention of title, the agreement will be dissolved and House of Hymnia B.V. has the right to claim compensation, lost profits and interest.

Delivery

Shipping takes place after a production period of minimum 2 weeks after receiving order, unless discussed otherwise with customer. For custom orders production time will be discussed with customer.
Shipping takes place from address House of Hymnia B.V. unless the parties have agreed upon otherwise.
Delivery of products ordered online takes place at the address indicated by the customer.
If the agreed price is not paid on time, House of Hymnia B.V. has the right to suspend its obligations until the agreed price is fully paid.
In the event of late payment, the customer is automatically in default, and hereby can not object to late delivery by House of Hymnia B.V..

Delivery period

Any delivery period specified by House of Hymnia B.V. is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
The delivery starts once the customer has fully completed the (electronic) ordering process, received an (electronic) confirmation of his order from House of Hymnia B.V. and House of Hymnia B.V. has received the funds.
Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless House of Hymnia B.V. cannot deliver within 60 days or if the parties have agreed upon otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport costs

Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.

Packaging and shipping

If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which House of Hymnia B.V. may not be held liable for any damage.
If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to House of Hymnia B.V., failing which House of Hymnia B.V. cannot be held liable for any damage.

Warranty

The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect can not clearly be established.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.
Customer is entitled to a replacement or refund in the event of a major failure, meaning: the product is not functioning properly anymore, i.e. not pouring liquid. Furthermore, you are also entitled to have the goods repaired or replaced if the quality is not acceptable, i.e. large surface cracks on the metal and integral damage to the piece of jewelry itself. In all of above cases we will collect the product from customer and return it to our office.

Exchange

Exchange is only possible if the following conditions are met:

exchange takes place within 14 days after purchase upon presentation of the original invoice
the product is returned in the original packaging or with the original (price) tags still attached to it the product has not been used

Discounted items, non-shelf articles such as food, custom made items or specially adapted articles for the customer cannot be exchanged.

Cancellation of the contract for an indefinite period of time

The customer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of a notice period of one month.
A consumer has the right to terminate an agreement for an indefinite period with due observance of a notice period of 1 month.

Complaints

The customer must examine a product or service provided by House of Hymnia B.V. as soon as possible for possible shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform House of Hymnia B.V. of this as soon as possible, but in any case within two weeks after receiving the product and the discovery of the shortcomings.
Consumers must inform House of Hymnia B.V. of this within two weeks after detection of the shortcomings.
The customer gives a detailed description as possible of the shortcomings, so that House of Hymnia B.V. is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to House of Hymnia B.V. being forced to perform other work than has been agreed.

Liability of House of Hymnia B.V.

House of Hymnia B.V. is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
If House of Hymnia B.V. is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
House of Hymnia B.V. is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
If House of Hymnia B.V. is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and can not lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Every right of the customer to compensation from House of Hymnia B.V. shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

Dissolution

The customer has the right to dissolve the agreement if House of Hymnia B.V. imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
If the fulfillment of the obligations by House of Hymnia B.V. is not permanent or temporarily impossible, dissolution can only take place after House of Hymnia B.V. is in default.
House of Hymnia B.V. has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give House of Hymnia B.V. good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force majeure

In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of House of Hymnia B.V. in the fulfillment of any obligation to the customer cannot be attributed to House of Hymnia B.V. in any situation independent of the will of House of Hymnia B.V. , when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from House of Hymnia B.V. .
The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a situation of force majeure arises as a result of which House of Hymnia B.V. cannot fulfill one or more obligations towards the customer, these obligations will be suspended until House of Hymnia B.V. can comply with it.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
House of Hymnia B.V. does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Changes in the general terms and conditions

House of Hymnia B.V. is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major changes in content will be discussed by House of Hymnia B.V. with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Applicable law and competent court

Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district where House of Hymnia B.V. is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Drawn up on 20 February 2023.