Terms and Conditions

Article 2 - Identity of HoC

House of Chi bv, located at 1031 HN, Amsterdam Asterweg 18b, The Netherlands.

T: (020) 210-1763

E: sales@houseofchi.nl

Chamber of Commerce number: 75097087

VAT number: NL860140842B01

Article 3 - Applicability

1. These General Terms and Conditions apply to every offer from HoC and to every Distance Agreement and orders concluded between Entrepreneur and Consumer.
2. 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, the Consumer will be informed before the Distance Contract is concluded that the General Terms and Conditions are available for inspection at HoC and will be sent to the Consumer free of charge as soon as possible upon request.
3. If the Distance Contract is concluded electronically, notwithstanding the previous paragraph, and before the Distance Contract is concluded, 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, before the Distance Contract is concluded, the Consumer will be informed where the General Terms and Conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the Consumer's request.
4. 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 the event of conflicting General Terms and Conditions, the Consumer may always invoke the applicable provision that is most favourable to him.
5. If one or more provisions in these General Terms and Conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced without delay by mutual agreement with a provision that approximates the purport of the original as closely as possible.
6. HoC reserves the right to unilaterally amend these terms and conditions. The amended terms and conditions will take effect upon publication on the HoC website and will apply to all existing and future agreements between HoC and the Consumer. The Consumer is deemed to be aware of the amended terms and conditions and to have accepted them by using HoC's products and services after publication of the amended terms and conditions.
7. If the Consumer does not agree to the amended terms and conditions and demonstrates a compelling interest, the Consumer may terminate a Long-Term Agreement with HoC within 30 days of the publication of the amended terms and conditions. If the Consumer does not exercise this right of termination, the Consumer is deemed to have accepted the amended terms and conditions.
8. Situations not covered by these Terms and Conditions must be assessed 'in the spirit' of these Terms and Conditions.
9. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these Terms and Conditions.

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. This offer is non-binding. HoC reserves the right to modify and adjust the offer.
3. Obvious mistakes or obvious errors in the offer do not bind HoC.
4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Product images are a true representation of the products offered. The company cannot guarantee that the displayed colors exactly match the actual colors of the products.

Article 5 - The Agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the time the Consumer accepts the offer and meets the conditions set therein.
2. HoC may, within legal frameworks, investigate whether the Consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the Distance Contract. If, based on this investigation, HoC has good reason not to enter into the contract, it is entitled to reject an order or request with reasons or to impose special conditions on its execution.
3. Each agreement is entered into under the condition precedent of sufficient availability of the relevant products.
4. HoC has the right to revoke the offer at any time up to shortly after its acceptance.
5. HoC supplies herbs (preparations) and/or substances for increased energy, relaxation , and mind-altering substances. It is important to handle these carefully and correctly. The Consumer must obtain sufficient information from experts (third parties) before entering into the Agreement and afterwards about the herbs (preparations) and substances in question, the relevant laws and regulations, the use and effects of the herbs (preparations) and substances, and must use the herbs (preparations) and substances with care.
6. If HoC provides advice or instructions to the Consumer, the Consumer cannot derive any rights from this. The Consumer is responsible (at their own expense) for engaging their own independent experts in the fields of health, nutrition, management, legal matters, etc.

Article 6 - Force Majeure

1. In the event of force majeure, whether permanent or temporary, HoC shall be entitled, at its own discretion, to terminate the Agreement in whole or in part or to temporarily suspend its obligations under the Agreement without the Consumer being able to claim performance, compensation and/or termination.
2. Force majeure is understood between the parties to mean, in addition to what is understood in law and case law, all external causes, foreseen or unforeseen, over which HoC has no influence, but which prevent HoC from fulfilling its obligations. This includes, but is not limited to: strikes in the company of HoC or of Third Parties on which HoC is in any way dependent for the performance of the Agreement, threat of war, war, uprising, molestation, boycott, disruptions in traffic or transport, restrictive measures or government advice, epidemics, pandemics, scarcity of raw materials or the product to be delivered, (purchase) price increases of 10% or more, untimely delivery of raw materials or other necessary materials or failure to deliver, bankruptcy or suspension of payments of one or more of its suppliers or engaged Third Parties, natural disasters, weather conditions that prevent the work from being carried out adequately, power failures, disruption of the internet, computer network or telecommunications facilities and impeding health complaints or death of key personnel of HoC (such as the underlying owners/directors, management staff and specialized executive workers).
3. HoC also has the right to invoke force majeure if the circumstance that prevents (further) fulfilment of the Agreement occurs after HoC should have fulfilled its obligation.

Article 7 - Right of withdrawal

Upon delivery of products:

1. When purchasing products, the Consumer has the right to cancel the agreement without giving reasons within 14 days. This cooling-off period begins on the day after the Consumer, or a representative designated in advance by the Consumer and notified to HoC, receives the product.
2. 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 assess whether they wish to keep it. If they exercise their Right of Withdrawal, they will return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to HoC, in accordance with the reasonable and clear instructions provided by HoC.
3. If the Consumer wishes to exercise their Right of Withdrawal, they are obligated to notify HoC of this within 14 days of receiving the product. The Consumer must do so using the Model Form or another means of communication, such as email. After notifying HoC of their intention to exercise their Right of Withdrawal, they must return the product within 14 days. The Consumer must prove that the delivered goods were returned on time, for example, by providing proof of shipment.
4. If the customer has not indicated that they wish to exercise their Right of Withdrawal within the periods mentioned in paragraphs 2 and 3, or has not returned the product to HoC, the purchase is final.

When providing services:

1. When providing services, the Consumer has the option to cancel the agreement without giving any reason for at least 14 days, starting on the day the agreement is concluded.
2. In order to exercise his Right of Withdrawal, the Consumer will follow the reasonable and clear instructions provided by HoC with the offer and/or at the latest upon delivery.

Article 8 - Costs in case of revocation

1. If the Consumer exercises his Right of Withdrawal, the costs of return will be at his expense.
2. If the Consumer has paid an amount, HoC will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received by the online retailer or conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the Consumer, unless the Consumer expressly consents to a different payment method.
3. In the event of damage to the product due to careless handling by the Consumer, the Consumer is liable for any decrease in value of the product.

Article 9 - Exclusion of the Right of Withdrawal

1. The right of withdrawal is excluded for the following products:

• which have been created by HoC in accordance with the Consumer's specifications;
• that are clearly personal in nature;
• which by their nature cannot be returned;
• that can spoil or become outdated quickly;
• the price of which is subject to fluctuations in the financial market over which HoC has no influence;
• for hygienic products of which the Consumer has broken the seal.

2. The Right of Withdrawal is excluded for the following services:

• concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
• the delivery of which has commenced with the express consent of the Consumer before the Reflection Period has expired;
• concerning betting and lotteries.

Article 10 - The price

1. 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.
2. Notwithstanding the previous paragraph, HoC may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which HoC has no control. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
3. Price increases within 3 months of the conclusion of the agreement will only apply if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are permitted if HoC has stipulated this and:

• these are the result of statutory regulations or provisions; or
• the Consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.

1. The prices stated in the offer of products or services include VAT.
2. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing or typographical errors. In the event of printing or typographical errors, HoC is not obligated to supply the product at the incorrect price.

Article 11 - Conformity and warranty

1. HoC guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed upon, HoC also guarantees that the product is suitable for other than normal use.
2. Any warranty provided by HoC, the manufacturer, or the importer does not affect the statutory rights and claims that the Consumer can assert against HoC under the agreement.
3. Any defects or incorrectly delivered products must be reported to HoC in writing within 2 months of discovering the defect.
4. HoC's warranty period corresponds to the manufacturer's warranty period. However, HoC is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:

• the Consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
• the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or in conflict with the instructions of HoC and/or on the packaging;
• the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

1. As previously stated in these Terms and Conditions, the Consumer must independently investigate the legal and health aspects of services and (any products based thereon). This also applies to products traded and/or used outside the Netherlands. HoC is not liable for damages (and will not fail to fulfill its obligations) if its services or (any products based thereon) do not comply with the requirements and regulations of countries other than the Netherlands, may not be imported there or may only be imported under additional conditions, may not be used there or may only be used under additional and/or restrictive conditions, etc. This includes, but is not limited to, laws and regulations, required permits, tax matters, and import laws and regulations. The Consumer is solely responsible for such laws and regulations, even if they import/transit and/or use or allow the products to be used in countries other than the Netherlands, and must verify this themselves before concluding the Agreement (despite any statements from HoC to that effect).
2. The Consumer indemnifies HoC against any claim from Third Parties on the grounds that services or (possibly based on) matters do not comply with local laws and regulations (within and outside the Netherlands).
3. The Consumer indemnifies HoC against any claim for damages from Third Parties resulting from the use of services and (possibly based on) items supplied by HOC.

Article 12 - Delivery and execution

1. HoC will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the Consumer has provided to the company.
3. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the Consumer will be notified no later than 30 days after placing the order. In that case, the Consumer has the right to cancel the agreement free of charge. The Consumer is not entitled to compensation.
4. All delivery times are indicative. Consumers cannot derive any rights from any stated delivery times. Exceeding a delivery time does not entitle the Consumer to compensation.
5. In the event of termination in accordance with paragraph 3 of this article, HoC will refund the amount paid by the Consumer as soon as possible, but no later than 14 days after termination.
6. If delivery of an ordered product proves impossible, HoC will endeavor to provide a replacement item. The fact that a replacement item is being delivered will be clearly and comprehensibly communicated at the time of delivery. The Right of Withdrawal cannot be excluded for replacement items. Any return shipping costs will be borne by HoC.
7. The risk of damage and/or loss of products rests with HoC until the moment of delivery to the Consumer or a previously designated representative made known to HoC, unless expressly agreed otherwise.
8. The Consumer must inspect products immediately upon delivery and services immediately upon completion of the performance of (the relevant part of) the services. Visible defects or deviations from what was agreed upon, or otherwise reasonably recognizable through inspection, should be reported to HoC in writing, with reasons and substantiation, preferably immediately upon inspection, but no later than 24 hours after the performance of the services or delivery of the products. If the Consumer has not made use of the opportunity to inspect the services or products in a timely manner, it shall be assumed between the parties that the services comply with the Agreement.
9. The Consumer must notify HoC in writing, with reasons and substantiation, of any other defects or deviations from what was agreed, within 24 hours of discovering them.
10. If the Consumer fails to notify HoC of the defect within the timeframes specified in this article and in accordance with the regulations set out in this article, the Consumer loses the right to invoke any legal consequences arising from the defect or deviation from what was agreed. In that case, the Consumer is no longer entitled to, among other things (but not limited to), performance, cancellation, suspension, termination, and/or compensation based on the defect or shortcoming.
11. Minor deviations that do not significantly change the usability of the products or services do not mean that the delivered or supplied product does not comply with the Agreement and do not entitle the Consumer to cancel or (partially) terminate the Agreement, nor to refuse receipt or payment.
12. If it is established that a product or service has not been delivered or performed in accordance with the Agreement, or if this is attributable to HoC and has been reported to HoC in a timely and correct manner (cumulative conditions), HoC will as yet correctly perform the service or (at HoC's discretion) pay the Consumer alternative (proportionate) compensation for this, up to a maximum of the price of (the relevant part of) the product or service.
13. If a complaint is unfounded, the costs incurred by HoC as a result, including any investigation costs, will be borne in full by the Consumer.
14. Complaints do not give the Consumer the right to suspend or reduce his obligations under the Agreement.

Article 13 - Duration transactions: duration, termination and extension

Cancellation

1. The Consumer may at any time terminate an agreement concluded for an indefinite period and which extends to the regular delivery of products or services, taking into account the agreed termination rules and a notice period of one month.
2. The Consumer may terminate an agreement concluded for a definite period and which extends to the regular delivery of products or services at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of one month.
3. The Consumer may terminate the agreements referred to in the previous paragraphs:

• cancel at any time and not be limited to cancellation at a specific time or during a specific period;
• at least cancel them in the same manner as they were entered into by him;
• always cancel with the same notice period as HoC has stipulated for itself.

Extension

1. An agreement entered into for a fixed period and which provides for the regular delivery of products or services will not be automatically extended or renewed for a fixed period.
2. An agreement entered into for a fixed period and which provides for the regular delivery of products or services is tacitly extended for an indefinite period, whereby the Consumer may cancel at any time with a notice period of one month.

Duration

1. 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 14 - Payment

1. Unless otherwise agreed, 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 an agreement to provide a service, this period commences after the Consumer has received confirmation of the agreement.
2. The Consumer has the duty to report any inaccuracies in payment details provided or stated to HoC without delay.
3. In the event of non-payment by the Consumer, HoC has the right, subject to legal restrictions, to charge the Consumer reasonable costs made known in advance.

Article 15 - Complaints procedure

1. Complaints regarding the performance of the agreement must be submitted to HoC fully and clearly described within 2 months after the Consumer has discovered the defects.
2. Complaints submitted to HoC will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, HoC will respond within 14 days with an acknowledgement of receipt and an indication of when the Consumer can expect a more detailed response.
3. If the complaint cannot be resolved by mutual agreement, a Dispute arises.

Article 16 - Disputes

1. Agreements between HoC and the Consumer to which these Terms and Conditions apply are governed exclusively by Dutch law, even if the Consumer resides abroad.
2. The Vienna Sales Convention does not apply.