Terms and conditions

Terms and Conditions

This website is operated by Hudson Mode. Throughout this text, the terms "we", "us", "our", and "trader" refer to Hudson Mode. Hudson Mode offers this website, including all information, tools, and services available on this site, to you, the user, conditioned upon your acceptance of all terms, 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 ("Terms of Service", "Terms"), including those additional terms and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation visitors, vendors, customers, merchants, and/or content contributors.

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 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 by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ARTICLE 1 - DEFINITIONS

The following definitions apply in these terms and conditions:

Reflection period: The period within which the consumer can make use of their right of withdrawal;

Consumer: The natural person who is not acting in the course of a profession or business and enters into a distance contract with the trader;

Day: 30 calendar days;

Continuous performance transaction: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable medium: Any means that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: The consumer's option to withdraw from the distance contract within the reflection period;

Trader: The natural or legal person offering products and/or services to consumers at a distance;

Distance contract: A contract concluded within the framework of an organized system for distance selling of products and/or services by the trader, in which, up to and including the moment the contract is concluded, exclusive use is made of one or more techniques for distance communication;

Distance communication technique: Any means that can be used to conclude a contract without the consumer and trader being physically present together in the same place at the same time.

Terms and Conditions: These Terms and Conditions of the trader.

ARTICLE 2 - IDENTITY OF THE TRADER

Store name: Hudson Mode
Company name: AH Holding
Chamber of Commerce number: 1014.412.934
Address: Schoolstraat 69, 8530 Harelbeke, West Flanders, Belgium
Phone: +1 307 310 8355
Email:info@hudsonmode.com

ARTICLE 3 - APPLICABILITY

These terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the terms and conditions can be viewed at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, the text of these terms and conditions may, notwithstanding the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the 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, in addition to these terms and conditions, specific product or service terms also apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.

If one or more provisions of these terms and conditions are at any time wholly or partially null or voided, the remainder of the agreement and these terms shall remain in effect, and the provision in question shall be replaced by mutual agreement with a provision that reflects the intent of the original provision as closely as possible.

Situations not covered by these terms and conditions should be assessed "in the spirit" of these terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our terms should be interpreted "in the spirit" of these terms and conditions.

Governing law – These Terms are governed by Belgian law. Any disputes shall fall under the exclusive jurisdiction of the Belgian courts

ARTICLE 4 - THE OFFER

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The trader is entitled to modify and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract. Images of products are a true representation of the products offered. The trader cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

The price excluding sales tax, customs clearance costs, and import duties where applicable. These additional costs are for the account and risk of the customer. The postal and/or courier service may collect applicable taxes, duties, and clearance costs from the recipient of the goods;

Any shipping costs;

The manner in which the contract will be concluded and what actions this involves;

Whether or not the right of withdrawal applies;

The method of payment, delivery, and performance of the contract;

The period for acceptance of the offer, or the period within which the trader guarantees the price;

The level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication means used;

Whether the contract will be archived after it is concluded, and if so, how it can be consulted by the consumer;

The manner in which the consumer, before concluding the contract, can check the data provided by them and, if desired, correct it;

Any other languages, besides English, in which the contract can be concluded;

The codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically;

The minimum duration of the distance contract in the case of a continuous performance transaction.

Optional: the available sizes, colors, material types.

ARTICLE 5 - THE CONTRACT

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.

If the consumer has accepted the offer electronically, the trader will immediately confirm electronic receipt of the acceptance of the offer. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.

If the contract is concluded electronically, the trader 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 trader will take appropriate security measures accordingly.

Within legal limits, the trader can inquire whether the consumer can meet their payment obligations, as well as inquire about all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the trader has good reason not to enter into the contract, they are entitled to refuse an order or request, with reasons, or to attach special conditions to its execution.

The trader will send the consumer the following information 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 medium:

The visiting address of the trader's establishment 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 notice regarding exclusion of the right of withdrawal;

Information about warranties and existing after-sales service;

The data included in Article 4 paragraph 3 of these terms, unless the trader has already provided this information to the consumer prior to performance of the contract;

The requirements for terminating the contract if the contract has a duration of more than one year or an indefinite duration.

In the case of a continuous performance transaction, the provision in the previous paragraph only applies to the first delivery.

Every contract is entered into subject to sufficient availability of the relevant products.

ARTICLE 6 - RIGHT OF WITHDRAWAL

When purchasing products, the consumer has the option to dissolve the contract without giving reasons for 30 days. This reflection period starts on the day after the consumer, or a representative designated in advance by the consumer, receives the product.

During the reflection period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. If they exercise their right of withdrawal, they will return the product to the trader with all delivered accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader within 30 days of receiving the product, via a written message or email. After the consumer has notified their intention to exercise their right of withdrawal, they must return the product within 30 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.

If, after expiry of the periods mentioned, the consumer has not indicated their wish to exercise their right of withdrawal or has not returned the product to the trader, the sale is final.

ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL

If the consumer exercises their right of withdrawal, the costs of return shipping are for their own account, unless the product is damaged or was delivered incorrectly. In that case, we will provide a return label.

If the consumer has already made a payment, the trader will refund this amount as soon as possible, but no later than within 30 days of the withdrawal, provided that the returned product has been received by the trader or conclusive proof of complete return can be submitted.

ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, or in good time before conclusion of the contract.

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

That have been produced by the trader according to the consumer's specifications;

That are clearly personal in nature;

That, by their nature, cannot be returned;

That can spoil or age quickly;

Whose price is subject to fluctuations in the financial market over which the trader has no influence;

Loose newspapers and magazines;

Audio and video recordings and computer software of which the seal has been broken;

Hygienic products of which the seal has been broken.

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

Relating to accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;

Whose performance has begun with the consumer's express prior consent before the reflection period has expired;

Relating to bets and lotteries.

ARTICLE 9 - PRICES

I reserve the right to adjust the prices of the products and/or services offered during the period of validity stated in the offer, including changes resulting from adjustments to sales tax.

Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations.

Price increases from 3 months after the conclusion of the contract are only permitted if:

they result from statutory regulations; or

the consumer has the right to cancel the contract as of the day the price increase takes effect.

Delivery may take place outside the United States, which means that sales tax is not always charged at checkout. Import duties, taxes, and customs clearance costs may be collected upon delivery by the postal or courier service, if applicable.

All prices are subject to typographical and printing errors. No liability is accepted for the consequences of typographical and printing errors. In the event of typographical and printing errors, the trader is not obliged to deliver the product at the incorrect price.

ARTICLE 10 - CONFORMITY AND WARRANTY

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.

A warranty provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the trader under the contract.

Any defects or incorrectly delivered products must be reported to the trader in writing within 30 days of delivery. Products must be returned in their original packaging and in new condition.

The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or processed the delivered products themselves, or has had them repaired and/or processed by third parties;

The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the trader's instructions and/or handled contrary to instructions on the packaging;

The defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

ARTICLE 11 - DELIVERY AND PERFORMANCE

The trader will exercise the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the consumer has made known to the company.

Subject to what is stated about this in Article 4 of these terms and conditions, the company will execute accepted orders with due speed, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.

In case of dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 30 days of dissolution.

If delivery of an ordered product proves impossible, the trader will make an effort to provide a replacement item. At the latest at the time of delivery, it will be clearly and comprehensibly reported that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the trader.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

ARTICLE 12 - CONTINUOUS PERFORMANCE TRANSACTIONS: DURATION, TERMINATION, AND RENEWAL

Termination

The consumer can terminate a contract that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, in observance of agreed termination rules and a notice period of at most one month.

The consumer can terminate a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, in observance of agreed termination rules and a notice period of at most one month.

The consumer can, with regard to the contracts referred to in the previous paragraphs:

Terminate at any time and not be limited to termination at a specific time or during a specific period;

Terminate at least in the same manner in which they were entered into;

Always terminate with the same notice period as the trader has stipulated for itself.

Renewal

A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

Notwithstanding the previous paragraph, a contract entered into for a definite period that extends to the regular delivery of daily papers, news, and weekly publications and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended contract towards the end of the extension with a notice period of at most one month.

A contract entered into for a definite period that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of at most one month, and a notice period of at most three months in case the contract extends to the regular, but less than monthly, delivery of daily papers, news, and weekly publications and magazines.

A contract with a limited duration for the introductory delivery of daily papers, news, and weekly publications and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

ARTICLE 13 - PAYMENT

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the reflection period referred to in Article 6, paragraph 1. In the case of a contract to provide a service, this period begins after the consumer has received confirmation of the contract.

The consumer has the duty to report inaccuracies in provided or stated payment details to the trader without delay.

In the event of non-payment by the consumer, the trader has, subject to statutory limitations, the right to charge the reasonable costs made known to the consumer in advance.

ARTICLE 14 - COMPLAINTS PROCEDURE

Complaints about the performance of the contract must be submitted to the trader fully and clearly described, within 7 days after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within a period of 30 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 30-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.

If a complaint is found to be justified by the trader, the trader will, at its discretion, replace or repair the delivered products free of charge.

ARTICLE 15 - DISPUTES

Contracts between the trader and the consumer to which these terms and conditions apply are governed exclusively by the law of the United States, even if the consumer resides abroad.

ARTICLE 16 - PERSONAL DATA

The provision of your personal data through the store is subject to our Privacy Policy. To view our Privacy Policy, please visit our website.

ARTICLE 17 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

ARTICLE 18 - CHANGES 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, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

ARTICLE 19 - PAYMENT REPORTING

Due to applicable laws and regulations, payment service providers may collect, process, and report payment-related information to competent tax or supervisory authorities, if required.

For questions or comments, we are always reachable at: info@hudsonmode.com

Company Details