Holssen.com - Terms of use
Article 1: PREAMBLE
- These terms and conditions are applicable to all orders placed and purchases made via the website, www.holssen.com operated by the company MGX COMMERCE LLC, with registered seat in FL 33145 Miami (USA), 2150 Coral Way, Suite 7B, hereafter to be indicated with “we” or “us”.
- The privacy protection is subject to the privacy declaration you can find in article 13 below.
- By using this website you commit yourself to respect and accept these terms and conditions. These conditions are meant for all those consulting our website(s) and in particular for the person placing an order with us.
- Should a court judgment rule that one or several of these conditions are invalid, the remaining provisions of these terms and conditions shall entirely remain in full force.
- We may revise the terms and conditions at any time. We therefore recommend that you regularly refer to the latest version of the terms and conditions, permanently available on our website.
Article 2: ORDER
- If you are under the age of 18, you should obtain consent from your parent or legal guardian to place an order through our site.
- To place an order, you need to create an account first or – if you are already registered – fill out your e-mail address and password. The e-mail address you provide is used for all correspondence between us.
- To add items to your Basket, simply click ‘Order' while viewing the item you wish to purchase. To continue shopping and browsing, simply turn to the other pages until you are finished shopping. You can access the contents of your Basket at any time by clicking the ‘Basket’ icon at the top of every page of our website. Before checking out, take a moment to review all of the items you have placed in your Basket. If you decide that you do not want to purchase a particular item, click the ‘recycle bin’ icon and you will get a new total. If you wish to change the quantity of items purchased, please use the ‘+’ and ‘–‘ buttons. When you are ready to place your order, please click on the ‘Next' button. You will be taken to the page of the billing and shipping address.
- You can now check your address information and correct it if necessary. Billing address can be different from shipping address. If you have any comment and/or questions please email our Client Service at [email protected]. When you have finished, click 'Next'. You will then asked to accept the terms and conditions (we suggest you read them) and go to payment.
Article 3: PAYMENT
- Your order must be paid in full at the checkout stage.
- Payment can be made via PayPal or Hipay.
- When you choose to pay with PayPal, you will be taken to the official PayPal site.
Then you can log into your PayPal account to send your payment. When you choose to pay with iDEAL, visa, MasterCard, Maestro or sofort, you will be taken to the official site of Hipay automatically. Before confirming the payment, you will be asked to accept HiPay’s terms of use.
- Your order will be processed after your payment has been received in full. We cannot be held liable for any errors and/or delays caused by above-mentioned payment systems.
- Once your order has been processed, we will send you an e-mail confirmation. We will also send you an e-mail to confirm your items have been shipped. To make sure you receive these emails, please add the following address to your contact list: [email protected].
Article 4: PRICES
- The prices stated on this website are in DOLLARS.
- Despite our best efforts, a limited number of items on our website may be mispriced. Rest assured, however, that we verify prices as part of our dispatch procedure. If an item's correct price is lower than our stated price, you will be charged the lower amount. If an item's correct price is higher than our stated price, we will contact you and we will cancel your order unless you choose to accept to purchase the item at the new price.
- The prices exclude shipping charges. You are responsible for shipping back returns and exchanges.
- The prices exclude additional costs, such as import duties, VAT, export duties, costs of customs clearance and various local taxes applicable in the country the items are imported into. These additional costs are always entirely borne by you, even if they occurred between the ordering time and the delivery time. Consequently, the possibility of annulment, laid down in article 8 is not applicable here. This also means that it is up to you to declare the goods to the authorities concerned and to pay the necessary duties in your country. We are not required to check or inform you of any applicable duties and taxes. We recommend you consult your local customs office for more information on this subject.
Article 5: HANDLING AND DELIVERY
- Your order will be processed within 24 hours after payment in full has been received, except for orders placed on Friday, Saturday and public holidays. In those cases you order will be processed the following business day.
- Delivery time is calculated starting from the business day thereafter and is indicated in business days.
- The indicated delivery time is for reference only. Delivery times vary depending on the shipping carrier and on the specific delivery address.
- Delivery will be made to the address you indicated when placing your order. We are not responsible for incorrect delivery addresses. We will try our best to work with carriers in case packages need to be diverted, but final deliveries to incorrect addresses are not an error we can correct. If the order cannot be delivered as the result of a mistake or oversight on your part (wrong address, no name on the letter box, you did not contact carrier as requested, you refused the order etc.) or failure to pay any local duties, any replacement charges will be borne by you. Please note that these charges will need to be paid before the item is shipped again.
- We cannot accept responsibility for loss or damage caused by any failure or delay in delivering the order(s). We rely on the shipping carrier to deliver your item at the indicated address and on time. In the event of loss or delay you should contact the carrier directly. Nevertheless, you can contact us with your order ID so we can investigate. In any case, if delivery is late by more than twenty-one (21) days, you can cancel your order within sixty (60) days, excepted if the delay is the result of a mistake or oversight on your part.
Article 6: ITEM DESCRIPTION
- All the items sold on the website are new. Each item offered on the website is described in detail in the online catalogue. The manufacturer provides the information. The photos and descriptions may not accurately reflect item features, despite the attention to detail given. We cannot be held responsible for any possible inaccuracies, errors, typing errors and/or omissions of information on the website.
Article 7: CANCELATIONS
- Orders are processed and handed over to the shipping carrier within 24 hours. Any changes or cancellations must be made before the first 24 hours of your order.
- There is no fee for cancellation, or change. However, if there is a price difference, you must pay the difference before the order is processed.
- Once your order has been shipped, you can no longer make any change. You will have to receive the order first and then return it to our address in Miami (in accordance with our Return Policy, see article 8) for a refund. If you refuse the package delivery and/or sent back to sender’s address, we are not under the obligation to refund.
Article 8: RETURN POLICY
- You have 14 days from the day following the delivery of your order to return your order without having to give any reasons. You cannot return your order if either the item and/or the package have been opened, worn or tampered with.
- Should you want to return your order, you have to contact our Client Service before doing so. We will try our best to solve your problem. If your problem cannot be solved without return, we will be happy to accept it.
- Once our Client Service has confirmed the return of your order, you have to send back the goods complete and in their original condition (packaging, accessories, etc.) allowing them to be resold as new and accompanied by a copy of the purchase invoice - at your expense – within 7 days to:
MGX COMMERCE LLC
Order (write here your order ID)
2150 Coral Way,
Suite 7B
FL 33145 Miami (USA)
- At no time can we be held liable for any damage — including theft or loss – caused to the package or the order by the return delivery.
- Should the order not meet the conditions of our refund policy, the refund will not be issued.
- Upon your request, the order can be sent a second time. In case of a second delivery you shall bear the possible import, VAT and export duties, costs for customs clearance and local taxes.
Article 9: EXCHANGE POLICY
- If the item delivered does not match the item you ordered, please contact our Client Service department. Our Client Service department will then file your request for an exchange. The item must be returned complete and in their original condition (packaging, accessories, etc.) allowing them to be resold as new and accompanied by a copy of the purchase invoice within 7 days to:
MGX COMMERCE LLC
Order (write here your order ID)
2150 Coral Way,
Suite 7B
FL 33145 Miami (USA)
Return shipping costs will be refunded upon presentation of written proof. Due to hygienic reasons we only exchange items that have not been opened, worn or tampered with.
- We understand that selecting the right model is a difficult choice when choosing from a computer screen. So, if the color is not the right one, please contact our Customer Service department. In that case, we are happy to exchange the item for you, provided that you have not opened, worn or tampered it. The item must be returned complete and in their original condition (packaging, accessories, etc.) allowing them to be resold as new and accompanied by a copy of the purchase invoice – at your expense – within 7 days to:
MGX COMMERCE LLC
Order (write here your order ID)
2150 Coral Way,
Suite 7B
FL 33145 Miami (USA)
- At no time can we be held liable for any damage — including theft or loss – caused to the package or the order by the return delivery.
- Should the order not have been received complete and in their original condition (packaging, accessories, etc.), the exchange will not be processed.
- In case of an exchange delivery you are responsible for any possible import, VAT and export duties, costs for customs clearance and local taxes.
Article 10: CLIENT SERVICE AND AFTER SALE SERVICE
- If you have any questions or require more information, please email our Customer Service department at the following address: [email protected]. If sent on Monday to Thursday your e-mail will be answered within 24 hours. E-mails sent on Friday, Saturday and public holidays will be answered the following business day.
- You can also write us at the following address:
MGX COMMERCE LLC
2150 Coral Way,
Suite 7B
FL 33145 Miami (USA)
- Processing time for after-sales service can take 2 to 3 business days depending on the issue (time provided as a reference).
Article 11: WARRANTY
- All items sold by us are warranted to you to be free from defects in material and workmanship, and manufactured in accordance with industry standards. The foregoing warranty is non-assignable and in lieu of and excludes all other warranties not expressly set forth herein, whether express or implied by operation of law or otherwise including but not limited to any implied warranties of merchantability or fitness. No agent, employee, or representative of our company has any authority to bind us to any representation, affirmation, or warranty concerning the items and any such representation, affirmation, or warranty shall not be deemed to have become a part of the basis of this agreement and shall be unenforceable. Any claimed defect in material or workmanship shall be deemed waived by you unless submitted to us in writing within 7 days from the date you received your order. The material: Hardware, leather, has a warranty of 3 months with normal use.
- We are not liable under the foregoing warranty if any loss or damage is caused by improper use of the items.
Article 12: LIMITATION OF LIABILITY
- We will not be liable if the item delivered is not in compliance with the laws of any delivery country other than the United States. We will not be liable for failure to perform the contract in the case of inventory shortages or unavailability, ‘bugs’, force majeure, disturbances or total or partial strikes, in particular of mail services and transportation and/or communication. We are not liable for any direct or consequential damage resulting from the purchase and/or the use of items.
- Hyperlinks may take you to third party websites. We are not liable in the case where the content of these websites does not comply with legal and statutory provisions in force.
- To the extent permitted by law, we provide the www.holssen.com website and its content on an “as-is” basis. We make no representation or warranty, express or implied, about this website, its operation and its content. All the information, including statements regarding the availability and conformity of the items listed on the website, has no legal value. Furthermore, we make no representation or warranty that the information accessible through this website is accurate, complete or up-to-date.
- In no case will we be held liable towards consumers or businesses for loss of profit, trading loss, data loss, shortfalls or any other consequential loss or loss that was not predictable at the time the website was used and the sales contract was entered into by us and you.
Article 13: PRIVACY POLICY
- This privacy declaration is applicable to the website www.holssen.com, operated by MGX COMMERCE LLC. We see to your privacy and act in agreement with the provisions of the local legislation. Please, read this privacy declaration to know more about the way personal details are collected and processed on this website.
- By using this website and/or communicating your personal details you explicitly agree with the way in which we collect and process personal details, as stated in this privacy declaration.
- Via this website your name, postal address, possible telephone number and e-mail address, mentioned when filling out a contact form, creating an account, placing an order or signing in on the newsletter, shall be collected.
- When visiting this website we also register your IP-address, your browser and operating system, the external website which referred you to this website, the pages visited by you on this website and the date and the time of each page visited by you. This information is only collected for statistical purposes and the further improvement of this website.
- We use the information transmitted by you via the website to deliver the information requested, to send the newsletters asked and to execute your order. As soon as you have placed an order, we may also use your e-mail address to send any commercial information on our products and services to you.
- The information may be transmitted to our partners. In addition we are authorized to inform the competent authorities upon their explicit request about your personal details. The information can also be processed by us in a country outside the European Economic Area (EEA).
- We only use your e-mail address for the purposes mentioned above. By no means shall your e-mail address, user name or pass word be sold or rented out to third parties. If you do not wish to receive any news letters or information about our products and services, you can opt-out at any moment by sending us an e-mail (see contact information below in this privacy declaration).
- On this website so-called "cookies'" (small parts of information that are saved by the browser onto your computer) shall be used: A first type is only temporary and shall be erased as soon as you close your browser. These cookies shall only be used to enable you to surf on the website. A second type is used for our web shop, in order to be able to identify you with a next visit. You can switch off the use of cookies via the set-up of your web browser, but then it may be possible for the website not to function correctly anymore.
- You are entitled to ask us freely about the personal details we have on you and have them corrected, if necessary, free of charge. You can exercise this right by contacting us via the contact information given below, provided you identify yourself sufficiently. In addition, you also have the right to freely oppose upon request the planned processing of your personal details, if the processing is carried out with regard to direct marketing.
- We reserve the right to change the privacy declaration at all times. This privacy declaration has been modified for the last time on 03-15-2019.
- We are responsible for the processing of these personal details and monitor its confidentiality and safety. You can contact us on the following address: Per e-mail; [email protected], or in writing:
MGX COMMERCE LLC
2150 Coral Way,
Suite 7B
FL 33145 Miami (USA)
Article 14: APPLICABLE LAW AND COMPETENT COURTS
- This contract shall be governed by the laws of the State of Florida (United States).
The competent courts in the event of litigation will be those of Florida (United States).