Terms of service

Table of Contents

Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Costs in Case of Withdrawal
Article 8 - Exclusion of the Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Duration Transactions: Duration, Termination, and Renewal
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Different Provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: The period during which the consumer can exercise their right of withdrawal.
Consumer: A natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur.
Day: Calendar day.
Duration transaction: A distance agreement concerning a series of products and/or services, with delivery and/or purchase obligations spread over time.
Durable data carrier: Any means that allows the consumer or entrepreneur to store information addressed to them personally, in a way that enables future consultation and unchanged reproduction of the stored information.
Right of withdrawal: The option for the consumer to withdraw from the distance agreement within the cooling-off period.
Model form: The model withdrawal form provided by the entrepreneur, which the consumer can fill out if they want to exercise their right of withdrawal.
Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
Distance agreement: An agreement concluded between the entrepreneur and the consumer under an organized system for distance selling 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 agreement.
Means of distance communication: A tool that can be used for concluding an agreement, without the consumer and entrepreneur being physically present in the same place at the same time.
General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Huma Official
Backershagen 5
3078SB Rotterdam
Phone number: +31 616 438 591
Email address: info@humaofficial.com
Chamber of Commerce number: 91490928
VAT identification number: NL004892461B07

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and order concluded between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the conclusion of the distance agreement how the general terms and conditions can be inspected and that they will be sent free of charge at the consumer’s request as soon as possible.
If the distance agreement is concluded electronically, the text of these general terms and conditions may be provided to the consumer electronically before the distance agreement is concluded, in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, the entrepreneur will indicate before the conclusion of the distance agreement where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in case of conflicting conditions, the consumer may always rely on the provision that is most favorable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these conditions will remain in force for the rest, and the relevant provision will be replaced in mutual consultation by a provision that approaches the intent of the original as closely as possible.
Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Any uncertainties about the interpretation or content of one or more provisions of our terms must be explained 'in the spirit' of these general terms and conditions.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.
Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Every offer includes such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This includes, in particular:

the price, including taxes;
any shipping costs;
the manner in which the agreement will be concluded and the necessary steps to do so;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the tariff for distance communication if the costs of using the communication technique are calculated on a different basis than the regular base rate for the used communication means;
whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
the way in which the consumer can check and, if necessary, correct the information provided in connection with the agreement before its conclusion;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes electronically; and
the minimum duration of the distance agreement in case of a duration transaction.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur 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 entrepreneur will observe appropriate security measures.
The entrepreneur may, within legal limits, investigate whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance agreement. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

the visiting address of the entrepreneur’s business where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about warranties and existing service after purchase;
the details included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided these to the consumer before the execution of the agreement;
the requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration.

In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

For the delivery of products:

When purchasing products, the consumer has the right to dissolve the agreement without providing any reason within 14 days. This reflection period begins on the day after the consumer, or a representative appointed by the consumer and notified to the entrepreneur, receives the product.
During the reflection period, the consumer must handle the product and packaging with care. The consumer may only unpack or use the product as far as necessary to determine if they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product, including all accessories, and if reasonably possible, in its original condition and packaging, following the clear and reasonable instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. This can be done using the model form or another communication method, such as email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must prove that the items were returned on time, for example by providing proof of shipment.
If the consumer does not notify the entrepreneur within the time frames specified in paragraphs 2 and 3 that they wish to exercise their right of withdrawal, or if the product is not returned, the purchase is final.

For the delivery of services:

When services are provided, the consumer has the right to dissolve the agreement without giving any reason for at least 14 days, starting from the day the agreement was concluded.
To exercise the right of withdrawal, the consumer must follow the clear and reasonable instructions provided by the entrepreneur at the time of the offer or at the latest upon delivery.

Article 7 - Costs in the Event of Withdrawal

The consumer bears the direct costs of returning the product.
If the consumer has already paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided the product has been received by the entrepreneur or conclusive evidence of its return has been provided. The refund will be made via the same payment method used by the consumer unless the consumer expressly agrees to another method.
If the product is damaged due to improper handling by the consumer, the consumer is liable for any reduction in value of the product.
The consumer is not liable for any reduction in value of the product if the entrepreneur did not provide all legally required information about the right of withdrawal before concluding the purchase agreement.

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3, provided the exclusion has been clearly stated in the offer or at least prior to the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:

Manufactured according to the consumer's specifications;
Clearly personal in nature;
That cannot be returned due to their nature;
That spoil or age quickly;
Whose prices are subject to fluctuations in the financial market beyond the entrepreneur's control;
For single issues of newspapers and magazines;
For audio and video recordings or computer software where the seal has been broken by the consumer;
For hygiene products where the seal has been broken by the consumer.

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

Related to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
Where the delivery has begun with the consumer's explicit consent before the end of the reflection period;
Related to betting and lotteries.

Article 9 - The Price

During the validity period 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.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond the entrepreneur's control, with variable prices. This dependency on fluctuations and the fact that any prices quoted are guide prices will be stated in the offer.
Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases after 3 months of the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

They are the result of legal regulations or provisions; or
The consumer has the right to terminate the agreement on the day the price increase takes effect.

The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, reasonable standards of reliability and/or usability, and any legal provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may assert under the agreement against the entrepreneur.
A statutory warranty applies to all products. The duration of the statutory warranty may vary based on the nature of the product.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovery.
The warranty does not apply if:

The consumer has repaired or modified the products themselves or had them repaired or modified by third parties;
The products have been exposed to abnormal conditions or handled carelessly or in violation of the entrepreneur's instructions and/or packaging;
The defect is the result of regulations set by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur will take the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
The delivery address is the address provided by the consumer to the company.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with reasonable speed, but no later than 30 days, unless a longer delivery period has been agreed with the consumer. If the delivery is delayed, or if an order cannot or can only partially be fulfilled, the consumer will be informed within 30 days of placing the order. In this case, the consumer has the right to terminate the agreement at no cost. The consumer has no right to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any specified delivery times. Exceeding a deadline does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. The delivery of a replacement product will be clearly and comprehensibly communicated at the latest upon delivery. For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment is at the entrepreneur's expense.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated and notified to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration Transactions: Duration, Termination, and Renewal

Termination:

The consumer can terminate an agreement that has been entered into for an indefinite period and which extends to 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 can terminate a fixed-term agreement, which has been concluded for the regular delivery of products (including electricity) or services, at any time by 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 terminate the agreements mentioned in the previous paragraphs:

At any time and not be limited to termination at a specific time or in a specific period;
At least in the same way as they were entered into;
Always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal:

A fixed-term agreement that has been concluded for the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
Contrary to the previous paragraph, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, provided that the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.
A fixed-term agreement that has been concluded for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate the agreement at any time with a notice period of no more than one month, and a notice period of no more than three months in the case of agreements for the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.
A fixed-term agreement for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically renewed and ends automatically after the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of a service agreement, this period begins after the consumer has received the confirmation of the agreement.
The consumer is obligated to immediately report any inaccuracies in the provided or stated payment information to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
For complaints, the consumer must first turn to the entrepreneur. If the complaint cannot be resolved through mutual agreement, the consumer can contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a resolution is still not reached, the consumer has the option to have the complaint handled by the independent dispute committee appointed by WebwinkelKeur, whose decision is binding, and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this committee, which must be paid by the consumer. It is also possible to file a complaint via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products at no cost.

Article 15 - Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
The Vienna Sales Convention (CISG) does not apply.