Terms and Conditions
TERMS OF SERVICE
This website is operated by Humiboo. Throughout the site, the terms “we”, “us”, “our”, and “merchant” refer to Humiboo. Humiboo offers 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 here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 - DEFINITIONS
- Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
- Consumer: The natural person who does not act in the exercise of profession or business and enters into a distance contract with the merchant.
- Day: 01-01-2024.
- Continuous transaction: A distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time.
- Durable data carrier: Any means that enables the consumer or merchant to store information that is addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: The option for the consumer to waive the distance contract within the cooling-off period.
- Merchant: The natural or legal person who offers products and/or services to consumers at a distance.
- Distance contract: An agreement whereby, within the framework of a system organized by the merchant for the distance selling of products and/or services, only one or more techniques for distance communication are used.
- Technique for distance communication: Means that can be used for concluding an agreement, without the consumer and merchant meeting simultaneously in the same space.
- General Terms and Conditions: The present General Terms and Conditions of the merchant.
ARTICLE 2 - MERCHANT IDENTITY
- Business name: Humiboo
- Chamber of Commerce number: 83485597
- Trade name: Global Commerce
- VAT number: NL003829407B92
- Customer service email: support@humiboo.com
- Business address: Opaallaan 1180, 2132LN Hoofddorp, Netherlands
ARTICLE 3 - APPLICABILITY
These general terms and conditions apply to every offer of the merchant and to every distance contract and order concluded between the merchant and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the merchant’s premises, and they will be sent free of charge to the consumer as soon as possible at the consumer's request.
If the distance contract is concluded electronically, then, in deviation from the previous paragraph, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed 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 the consumer can always rely on the applicable provision that is most favorable to them in case of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions at any time are wholly or partially null and void or annulled, the agreement and these terms and conditions will otherwise remain in force, and the relevant provision will be replaced in mutual consultation without delay by a provision that approximates the intent of the original as closely as possible.
Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.
ARTICLE 4 - THE OFFER
If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The merchant is entitled to change and adapt 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 merchant uses images, these are a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the merchant.
All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or termination of the agreement.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer, including:
- The price, excluding customs clearance costs and import VAT (these additional costs will be at the customer’s expense).
- Any costs of delivery.
- The way in which the agreement will be concluded and what actions are required for this.
- 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 merchant guarantees the price.
ARTICLE 5 - THE AGREEMENT
The agreement, subject to the provisions in paragraph 4, is concluded 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 merchant will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the merchant, the consumer may terminate the agreement.
If the agreement is concluded electronically, the merchant will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the merchant will observe appropriate security measures.
The merchant may – within legal frameworks – inform themselves if the consumer can meet their payment obligations, as well as of all those facts and factors that are important for the responsible conclusion of the distance agreement. If, based on this investigation, the merchant has good reasons not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to the execution.
The merchant will send the following information along with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- The visiting address of the merchant’s business location 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.
- Information about existing after-sales service and guarantees.
ARTICLE 6 - RIGHT OF WITHDRAWAL
The consumer can dissolve the agreement without giving any reason within a cooling-off period of 14 days. The cooling-off period expires 14 days after the day on which the consumer, or a third party designated by the consumer, who is not the carrier, has received the product.
To exercise the right of withdrawal, the consumer must inform the merchant (Humiboo, support@humiboo.com) of their decision to withdraw from the agreement by an unequivocal statement (e.g., a letter sent by post or email). The consumer may use the model withdrawal form available on our website, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for the consumer to send their communication concerning the exercise of the right of withdrawal before the cooling-off period has expired.
ARTICLE 7 - OBLIGATIONS OF THE CONSUMER DURING THE COOLING-OFF PERIOD
During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product.
The consumer is only liable for any diminished value of the product resulting from handling the product beyond what is necessary to establish its nature, characteristics, and functioning.
ARTICLE 8 - EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND COSTS
If the consumer withdraws from the agreement, the merchant will refund all payments received from the consumer, including any delivery costs charged by the merchant for the returned product, without delay and in any event no later than 14 days from the day on which the merchant is informed of the consumer’s decision to withdraw from the agreement.
The merchant will use the same payment method for the refund as was used by the consumer for the initial transaction, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
The consumer should return the product to the merchant or hand it over to (an authorized representative of) the merchant without delay, but in any event no later than 14 days from the day on which they communicated their decision to withdraw from the agreement. The deadline is met if the consumer returns the product before the period of 14 days has expired.
ARTICLE 9 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
The merchant may exclude the right of withdrawal for products and services as specified in article 6:230p of the Dutch Civil Code. This includes:
- Products that were created according to the consumer’s specifications.
- Sealed products that are not suitable for return due to health protection or hygiene reasons.
- Products that, after delivery, are irrevocably mixed with other products.
ARTICLE 10 - 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 due to changes in VAT rates.
The prices stated in the offer of products and services are inclusive of VAT.
ARTICLE 11 - CONFORMITY AND WARRANTY
The merchant guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, and legal requirements.
If the delivered product does not meet the agreement, the consumer should notify the merchant in writing within two months of discovering the defect.
ARTICLE 12 - DELIVERY AND EXECUTION
The merchant will take the greatest possible care when receiving and executing orders for products and assessing applications for the provision of services.
Taking into account what is stated in article 4, the merchant will execute accepted orders expeditiously, but no later than 30 days. If the delivery is delayed, the consumer has the right to terminate the agreement free of charge and with the right to any compensation.
ARTICLE 13 - PAYMENTS
Unless otherwise agreed, the consumer must pay the amounts due within 14 days after the start of the cooling-off period.
ARTICLE 14 - COMPLAINTS PROCEDURE
Complaints about the execution of the agreement must be submitted to the merchant in a complete and clearly described manner within two months after the consumer has discovered the defects.
Complaints submitted to the merchant will be answered within a period of 14 days from the date of receipt.
ARTICLE 15 - DISPUTES
Contracts between the merchant and the consumer are governed by Dutch law.