- GENERAL CONDITIONS
These Terms & Conditions govern your rights and obligations when using the Internet portal Home Sweet Shop (the “Portal”) and the mobile application Home Sweet Shop (the “App”) – the Portal and App collectively hereinafter “Services” – to purchase goods and services (the “Products”) by means of distance selling contracts, under the EC Dir. 1999/44, the EU Dir. 2011/83/UE and, for foodstuffs, the EU Reg. 1169/2011.
These Terms & Conditions shall be carefully read before ordering any Products from the Portal and/or the App.
By ordering any product from the Portal or the App, and checking the box marked “I accept the Home Sweet Shop terms and conditions”, it implies an agreement of these Terms & Conditions. Without the acceptance it would not be possible to order any Product from the Portal and/or the App.
The contractual partner which operates the portal and the App is Home Sweet Shop (the “Provider”). All interested parties can contact Home Sweet Shop at the following email address: [email protected]
The Provider enables consumers to order goods and services from the Portal and/or the App. After placing an order, the consumer will receive an e-mail from the Provider confirming that the order is being processed. The Provider will directly charge the consumer by means of the payment method selected, at the time of checkout.
All orders are subject to acceptance by the Provider by sending to the consumer an e-mail confirming dispatch (the “Dispatch Confirmation”), at which stage the contract is formed.
If the Provider cannot fulfil the order for any reason, the consumer will be promptly informed and fully refunded.
- SCOPE/MODIFICATION OF TERMS&CONDITIONS
These Terms & Conditions apply to the contractual relationship between the Provider and consumers in relation to the use of the Home Sweet Shop Portal and/or App and the purchasing of Products.
The Provider reserves the right to change these Terms & Conditions of use at any time due to changes in the legal situation [or the supreme court case law with effect for the future], as far as it concerns changes that do not disadvantage the consumer unreasonably. Changes will be announced to the consumer by e-mail at least one (1) weeks prior to their entry into force. The changes shall be deemed approved if the consumer does not object to the changes within two (2) weeks of the notification by Home Sweet Shop via email to [email protected].
The use of the Home Sweet Shop Portal does not require the creation of a customer account. However, it is only allowed to persons over the age of 18 who are fully capable of acting.
By clicking on the “Buy” button, the customer assures and warrants to be of legal age.
Registration of a personal account (the “Account”) is possible and free of charges. The contact details and other information requested during the registration process must be complete and correct. The Provider releases the requested access after successful registration.
It is the responsibility of the consumer that his username does not violate any third-party rights, in particular any naming or trademark rights, and does not violate common decency. The access data including the password must be kept secret by the consumer and not be made accessible to unauthorized third parties. It remains under the consumer’s responsibility to ensure that access to the Home Sweet Shop Services and his access data is solely through him. If it is to be feared that unauthorized third parties have acquired or will obtain knowledge of his access data, the consumer must inform the Provider immediately.
The consumer is liable for any use and/or other activity that is carried out in his account, according to these Terms & Conditions.
- CONSUMER RIGHTS
To make a request, the consumer shall confirm the order as described in art. 1.
The order can be cancelled at any time within 24 hours, after the consumer received from the Provider the email confirming the order. In this case, you will receive a full refund of the price paid for the Products.
Except where a Product is defective, the consumer may not cancel a contract after the consumer received the Products.
Prepacked foodstuffs which package has been broken or altered by the consumer cannot be refunded.
- AVAILABILITY AND DELIVERY
The Provider aims to dispatch all orders within 48 hours of receipt and it should be with the consumer within 4 days of dispatch, excluding Country weekends and Bank holidays which are not classed as working days.
Because the Provider uses a third-party delivery service, these times are estimates and not guaranteed.
Where a product is out of stock the Provider will refund the customer.
All descriptions, product images and weights are those of the original manufacture and are intended to give a general description of the Products.
The Products will be under the consumer risk from the time of delivery.
Ownership of the Products will only pass to the consumer when the Provider receives full payment of all sums due in respect of the Products, including delivery charges.
- COST OF SERVICES
The contractual basis of the Products purchasing is the present Terms & Conditions document. The consumer is informed separately before the conclusion of a contractual relationship with Home Sweet Shop about the content of it, the price and the terms of payment.
By clicking on the “Buy” button, the consumer declares that he wishes to conclude the contract. The contractual relationship herewith arises with e-mail confirmation of the order by Home Sweet Shop.
- PRICE AND PAYMENT
Prices of Products include VAT but exclude delivery costs, which will be added to the total amount due before the consumer places the order. Consumers are given the option of correcting any errors before the final confirmation of the order, which happens by clicking the “Buy” button.
Prices of goods are liable to change at any time, but changes will not affect orders in respect of which the Provider has already sent to the consumer a Dispatch Confirmation.
If the Provider has made a pricing error by displaying a lower price than the correct price, the consumer will be contacted for instructions before dispatching the Product or reject. If the pricing error is unmistakable, the Provider is under no obligation to provide the product to the consumer at the incorrect (lower) price.
If the Provider has incorrectly displayed a higher price, the consumer will get the correct price in the Dispatch Confirmation and refunded the difference with the same payment method used to purchase the products.
All payments shall be made in Euros. Please note that Home Sweet Shop cannot be held responsible for adverse currency fluctuations.
- REFUND POLICY FOR CONSUMERS
When a consumer returns a Product to the Provider:
- because the consumer has cancelled the contract with the provider within the cooling-off period (see article 4 above), the Provider will process the refund due to the consumer as soon as possible and, in any case, within 14 days of the day the interested party has given notice of the cancellation. In this case, the Provider will refund the price of the Product in full, including the cost of sending the item to the consumer. However, the consumer will be responsible for the cost of returning the item to the Provider;
- because the Product is defective, the Provider will examine the returned Product and replace it or provide a refund. Products returned by the consumer because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to the consumer and the cost incurred by the consumer in returning the item to the Provider.
When breakages occur during delivery, the Provider requires photographic evidence from the consumer to demonstrate that the product is indeed broken. If the Provider is satisfied that the product has been broken, and that the damage has been caused in transit, the price of the product will be refunded in full.
The Provider will usually refund any money by the means used to pay for the purchase.
When a product is past its sell by date, the Provider requires photographic evidence from the consumer to demonstrate that this is the case. If the Provider is put in condition to verify that an out of date product has been supplied, the price of the product will be refunded in full.
Consumers are warranted that any Product purchased from the Provider through Home Sweet Shop is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
The Provider’s liability for losses suffered by the consumers as a result of us breaking this agreement is strictly limited to the purchase price of the Product purchased and any losses which are a foreseeable consequence of the Provider’s breaking of the agreement. Losses are foreseeable where they could be contemplated by both parties in contract at the time the consumer’s order is accepted by the Provider.
The Provider is not responsible for indirect losses which are not foreseeable by the parties in contract (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
This does not include or limit in any way the Provider’s liability:
- For death or personal injury caused by Provider’s negligence;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal to exclude, or attempt to exclude, the Provider’s liability.
- IMPORT DUTY AND CUSTOMS
If the consumer orders Products from Home Sweet Shop which may be subject to import duties and taxes which are levied when the delivery reaches the specified destination, the consumer will be responsible for payment of any such import duties and taxes. Please note that the Provider has no control over these charges and cannot predict their amount.
Please also note that the consumer must comply with all applicable laws and regulations of the country for which the products are destined. The Provider will not be liable for any breach by the consumer of any such laws.
- TRANSFER OF RIGHTS AND OBLIGATIONS
Consumers may not transfer, assign, charge or otherwise dispose of a contract, or any of their rights or obligations arising under it, without prior written consent of the Provider.
The Provider may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of the Provider’s rights or obligations arising under it, at any time during the term of the contract.
- CONTENT PROTECTION AND RESPONSIBILITY FOR THIRD PARTY CONTENT
The contents available in the Home Sweet Shop Portal and/or App are predominantly protected by copyright or other proprietary rights and are in each case the property of the Provider or other third parties who have made the respective content available. The compilation of the content as such may be protected as a database or database work under the Dutch legislation on data protection in databases. The consumer may only use this content in accordance with the Terms & Conditions and in the context specified on the Portal and in the App.
- ILLEGAL USE
Consumers may use the content available in the Home Sweet Shop Portal and/or App solely for the purpose of purchasing products. Any further commercial use of the Home Sweet Shop Services is prohibited, unless such use has previously been expressly permitted in writing by the Provider. Unauthorized commercial use, in particular, includes the use of the Home Sweet Shop services provided for in these Terms & Conditions with regards to:
- all offers and applications of paid content, services and/or products by both the consumer and third parties;
- all offers, applications and executions of commercial activities such as contests, sweepstakes, barter, advertisements or pyramid schemes;
- any electronic or other collection of identity and / or contact data (including e-mail addresses) from consumers (e.g. for the unsolicited sending of e-mails).
Consumers are prohibited from any activity on or in connection with the Home Sweet Shop Service that is inappropriate, violates applicable law or violates the rights of third parties. It is also prohibited to the customer any action that is likely to affect the smooth operation of the Portal and/or the App, in particular to overburden the systems of the Provider. In particular, the customer is strictly prohibited from:
- Uploading and distributing pornographic, insulting, abusive, offensive, racist, threatening, violating the Youth Protection Act and Personal Rights or other unlawful content;
- Uploading and distributing content that has been copied, in whole or in part, from other protected content without the consent of the copyright owner;
- Uploading and distributing content that infringes the rights of third parties, in particular personal rights, copyright or intellectual property rights and all other rights of third parties;
- Use of the Home Sweet Shop services for advertising purposes;
- Misrepresentation or information and disclosure of data and information of third parties;
- Use of data and information of other users without their express consent;
- Selling or otherwise transferring the personal account;
- Attack the Home Sweet Shop services through viruses, malware or otherwise harmful means;
- Alter, manipulate, circumvent, overload or disrupt the Home Sweet Shop Services and their underlying software and security systems.
The Provider reserves the right to refuse to upload contents and to delete or remove contents that, at the Provider’s discretion, violates the present Terms & Conditions, the rights of third parties or the applicable local, national European or International law, or is otherwise considered by the Provider unacceptable or inappropriate, including contents added by consumers as reviews, feedbacks or comments.
If there is a suspicion of unlawful or punishable acts, the Provider is obliged to review the activities of the affected consumer and, if necessary, initiate appropriate legal action to prevent the unlawful or punishable act or to remove/mitigate all consequences potentially harmful for the Provider or third parties. This may include the delivery of a matter to the public prosecutor.
Customers which know or presume any illegal, abusive, illegal or otherwise unauthorized use of the Portal or the App, will be asked to contact [email protected]. The Provider will then review the process and take appropriate actions if necessary.
Consumers are responsible for the accuracy of any information submitted to the Portal and/or the App.
- PROHIBITION OF USE
Minors are prohibited from registering for and using the Home Sweet Shop services.
If it is suspected that the consumer is a minor, this must be reported to the Provider immediately, stating the profile concerned.
In case of justified suspicion, the Provider reserves the right to demand the consumer to demonstrate his age. The Provider is entitled to suspend the account until proof of majority. If there is no unequivocal proof of age, the affected profile will be deleted.
- BLOCKING OF ACCESS
The Provider may temporarily or permanently suspend consumer’s access to the Portal and/or the App if there are specific indications that he has violated the present Terms & Conditions and/or the applicable law, or if the Provider has any other legitimate interest in blocking of access. In the case of temporary or permanent blocking, the Provider blocks the access authorization and notifies the consumer via e-mail. In the event of a temporary blocking, the Provider will reactivate the access authorization after the blocking period expires and notify the consumer via e-mail. A permanently blocked access cannot be restored. Permanently suspended consumers are permanently excluded from the use of the Home Sweet Shop services and may not log in again on the Portal or in the App.
- WARRANTY AND RESPONSIBILITY OF THE CUSTOMER
The consumer is solely responsible for the personal account and all contents posted on the Home Sweet Shop Services. He guarantees that he will use the Home Sweet Shop Services according to these Terms & Conditions. In particular, consumers warrant that Home Sweet Shop Services will not be used in any improper manner, as explained in the Section ILLEGAL USE.
The consumer guarantees and assures,
- that all information, images, photographs, videos and all other content posted, transmitted or otherwise published in any other way in Home Sweet Shop does not infringe any rights of third parties or the applicable law;
- that the content created and added by him does not contain any of the contents mentioned in the Section ILLEGAL USE;
- to be the author of all contents generated from the personal account or owns all intellectual property and industrial property rights thereto;
- that he has not granted any exclusive rights of use and/or other rights to third parties, with regards to all contents generated from the personal account.
Home Sweet Shop is not able to monitor and control all contents added by consumers. Home Sweet Shop is not responsible and is not liable for the availability, accuracy, completeness, timeliness and legality of the content added by consumers.
The consumer indemnifies the Provider, its agents and employees for any damage (e.g. third party liability claims or costs of legal proceedings) that may be attributed to the Provider as a result of acts or omissions in connection with (i) the conduct of the consumer within the Home Sweet Shop Services, (ii) the contents added by the consumer; or (iii) a breach of the Section WARRANTY AND RESPONSIBILITY OF THE CUSTOMER.
If such claims are to be enforced by third parties, the consumer shall provide Home Sweet Shop with all available information which will serve to verify the claim and to defend it accordingly. The consumer provides this information promptly, truthfully and completely.
The indemnification according to the present Section does not apply to claims of third parties which result from the Provider’s failure to delete or block contents immediately after acknowledging that such contents violate the rights of third parties.
- LIABILITY OF THE PROVIDER
The Provider makes every effort to provide a durable and high-performance service in collaboration with its partners and data processing centres. Potential failures due to malfunction or maintenance must be expected, and not to be considered as defect in performance. The Provider cannot guarantee that its website or software is free of viruses or other harmful components.
The Home Sweet Shop Services are operational 24 hours a day, seven days a week with an annual average availability of 99%. This excludes downtime due to maintenance and software updates as well as times during which the service cannot be reached via the Internet due to technical or other problems that are outside the control of the Provider (force majeure, third-party fault etc.). In order to be able to use the Home Sweet Shop Services in full, the consumer must use the latest (browser) technologies or enable their use on his computer (e.g. activation of Java script, cookies, pop-ups). When using older or not commonly used technologies, it may be that the consumer can use the Services of the Provider only to a limited extent.
The liability of Home Sweet Shop for damages – for whatever legal reason – is excluded;
The Provider will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside the Provider’s reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the Provider’s reasonable control and includes in particular (without limitation) the following
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks;
- The acts, decrees, legislation, regulations or restrictions of any government.
The Provider’s performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and the Provider will have an extension of time for performance for the duration of that period. The Provider will use a reasonable endeavor to bring the Force Majeure Event to a close or to find a solution by which all obligations under the contract may be performed despite the Force Majeure Event.
The liability exclusion does not apply to
- damages resulting from injury to life, limb or health resulting from at least negligent breach of duty by Home Sweet Shop or a legal representative or vicarious agent of Home Sweet Shop;
- damages resulting from a negligent breach of duty by Home Sweet Shop or a legal representative or vicarious agent of Home Sweet Shop with regard to essential contractual rights and obligations which are essential for the proper performance of the contract, if the achievement of the purpose of the contract is jeopardized (cardinal obligations);
- damages resulting from an intentional or grossly negligent breach of duty by Home Sweet Shop or a legal representative or vicarious agent of Home Sweet Shop;
- liability under the Product Liability Act;
- the assumption of a guarantee.
The limitation of the liability of the Provider according to the present Section also applies to the personal liability of its representatives, employees, vicarious agents and authorized representatives.
This agreement is concluded for an indefinite period and may be terminated by either party at any time with immediate effect. The cancellation by the consumer takes place by e-mail to [email protected].
The Provider may revise and amend these Terms & Conditions from time to time.
Consumers will be subject to the policies and Terms & Conditions in force at the time that they order Products, unless any change is required to be made by law or governmental authority (in which case it will apply to orders previously placed), or if the Provider notifies the change to those policies or these Terms & Conditions before the Dispatch Confirmation is sent.
If the Provider fails to insist upon strict performance of any of the consumers’ obligations under this agreement, or if the Provider fails to exercise any of the rights or remedies to which is entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve the consumer from compliance with such obligations.
A waiver by the Provider of any default shall not constitute a waiver of any subsequent default.
No waiver by the Provider of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to the consumer in writing.
- APPLICABLE LAW, JURISDICTION AGREEMENT, SEVERABILITY CLAUSE
These Terms & Conditions are subject to the laws of the Netherlands, including the United Nations Convention on Contracts for the International Sales of Goods (CISG).
Should any provision of these Terms & Conditions be or become invalid, the legal validity of the remaining provisions shall remain unaffected.