Terms of service

Terms and Conditions

This website is operated by Hudson Row New York. Throughout the site, the terms “we”, “us”, “our” and “contractor” refer to Hudson Row New York. Hudson Row New York 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 website and/or purchasing anything from us, you accept our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and policies referenced herein and/or accessible by link. These Terms of Service apply to all users of the website, including, but not limited to, users who are browsers, vendors, customers, sellers and/or contributors to the content.

Please read these Terms of Service carefully before visiting or using our website. By visiting or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all of the terms of this agreement, you may not access the website and may not use the 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 are also subject to the Terms of Service. You can view the most current version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace portions of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website after any changes are posted constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online 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 of legal age in the state or province where you reside, or that you are of legal age in the state or province where you reside and that you have given us permission to allow all of your minor family members to use this website.

You shall not use our products for any illegal or unauthorized purpose, and you shall not violate any laws in your jurisdiction when using the Service (including but not limited to copyright laws).

You shall not send viruses, worms or other destructive code.

Violation of any of the Terms will result in 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 transmitted unencrypted and (a) may include transmissions over various networks; and (b) may be modified to accommodate the technical requirements of connecting networks or devices. Credit card information will always be encrypted during transmission 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 where the Service is offered, without our express written permission.

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

ARTICLE 1 - DEFINITIONS

In these conditions, the following means:

• Right of withdrawal : the period during which the consumer can exercise his right of withdrawal;

• Consumer : the natural person who is not acting in the exercise of his profession or business and enters into a distance sales contract with the entrepreneur;

• Day : 1-1-2025

• Durable data medium : any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.

• Right of withdrawal : the possibility for the consumer to withdraw from the distance sales contract within the withdrawal period;

• Entrepreneur : the natural or legal person who offers products and/or services at a distance to consumers;

• Distance selling contract : a contract where the consumer concludes a contract via a distance selling system organised by the entrepreneur, where communication technology is used exclusively until the contract is concluded;

• Communication technology : a means that can be used to conclude an agreement without the consumer and entrepreneur being present simultaneously in the same place.

• General Conditions : these General Conditions for the contractor.

ARTICLE 2 - CONTRACTOR'S IDENTITY

• Company name : Hudson Row New York

• Organization number : 95968083

• Trade name : JVO Commerce

• VAT number : NL004665732B76

• Customer service email : Info@hudsonrow-newyork.com

• Company address : Harmoniestraat 2, Oosterhout

ARTICLE 3 - APPLICABLE

These general terms and conditions apply to any offer from the entrepreneur and to any distance sales contract and order between the entrepreneur and the consumer.
Before the distance sales contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the consumer will be informed that the general terms and conditions can be viewed at the entrepreneur's premises and they will be sent free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, by way of derogation from the previous paragraph, be made available electronically to the consumer in a manner that allows the consumer to easily store them on a durable data medium. If this is not reasonably possible, the consumer will be informed where they can access the terms and conditions electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.

In the event that specific product or service terms also apply, the second paragraph of this article shall apply and the consumer may, in the event of conflicting terms, always invoke the provision that is most favorable to him.

If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or are declared invalid, the agreement and these terms and conditions will otherwise remain valid, and the relevant provision will be immediately replaced with a provision that comes as close as possible to the purpose of the original provision.

Situations not regulated in these general terms and conditions shall be assessed in accordance with the spirit of these terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.

ARTICLE 4 - THE OFFER

If an offer has a limited validity period or is conditional, this will be clearly stated in the offer.
The offer is non-binding. The entrepreneur has the right to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed for the consumer to make a good assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot form the basis for compensation or termination of the agreement.
The images of the products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly correspond to the actual colors of the products.
Each offer contains information that makes it clear to the consumer what rights and obligations are associated with the acceptance of the offer. This includes in particular:

• the price, excluding customs clearance costs and import VAT. These additional costs will be at the expense and risk of the customer. The postal and/or courier service will use the special scheme for postal and courier services when the goods are imported into the EU country of destination, which also applies in this case. The postal and/or courier service collects the VAT (with or without customs clearance costs) from the recipient of the goods;

• any shipping costs;

• how the agreement is to be concluded and what actions are required for this;

• whether the right of withdrawal applies or not;

• payment method, delivery and execution of the agreement;

• the deadline for acceptance of the offer, or the deadline within which the contractor guarantees the price;

• rates for distance communication if the costs of using the communication technology are calculated on a basis other than the usual basic price for the means of communication used;

• whether the agreement is archived after conclusion, and how it can be consulted by the consumer;

• how the consumer can check and possibly correct the information provided before the agreement is concluded;

• other languages, in addition to America, in which the agreement can be concluded;

• ethical rules to which the entrepreneur has adhered and how the consumer can access these ethical rules electronically;

• the minimum duration of distance selling transactions in the case of lasting agreements.
  Optional: available sizes, colours, materials.

ARTICLE 5 - THE AGREEMENT

The contract is concluded, subject to the provisions of point 4, when the consumer accepts the offer and meets the necessary conditions.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may withdraw from the contract.
If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to ensure the electronic transmission of data and to ensure a secure online environment. If the consumer can pay electronically, the entrepreneur will ensure appropriate security measures.
The entrepreneur may, within the framework of the law, investigate whether the consumer can meet his payment obligations, as well as all the facts and factors relevant to a responsible conclusion of the distance sales contract. If, on the basis of this investigation, the entrepreneur has good reasons not to conclude the contract, he is entitled to refuse an order or application, or to set special conditions for its implementation.
The entrepreneur shall, upon delivery of the product or service to the consumer, provide the following information, in writing or in a manner that allows the consumer to store the information on an easily accessible durable data medium:

1. The visiting address of the entrepreneur's premises where the consumer can send complaints;

2. The conditions and procedure for how the consumer can exercise his right of withdrawal, or a clear statement that the right of withdrawal is excluded;

3. Information about warranties and existing after-sales services;

4. The information mentioned in point 4, third paragraph, unless this has already been provided to the consumer before the agreement was executed;

5. The requirements for termination of the agreement if the agreement lasts more than one year or is of indefinite duration.
   In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
   All agreements are concluded subject to sufficient availability of the relevant products.

ARTICLE 6 – RIGHT OF CANCELLATION

When purchasing products, the consumer has the right to withdraw from the contract without giving any reason within 30 days. The withdrawal period begins on the day after the consumer has received the product, or a representative designated and informed by the consumer.
During the withdrawal period, the consumer must handle the product and its packaging with care. The product should only be unpacked or used to the extent necessary to be able to assess whether he wants to keep the product. If the consumer exercises his right of withdrawal, he must return the product together with all its parts and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions given by the entrepreneur.
When the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 30 days of receiving the product. The consumer must inform the entrepreneur in writing or by e-mail. After the consumer has informed that he wants to exercise his right of withdrawal, he must return the product within 30 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.
If the consumer has not informed that he wishes to exercise the right of withdrawal within the aforementioned 2 and 3 points, or has not returned the product to the entrepreneur, the purchase is binding.

ARTICLE 7 - CANCELLATION COSTS

If the consumer exercises the right of withdrawal, the costs of returning the products are at the consumer's expense.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days of cancellation, provided that the product has already been received by the online store or proof of full return can be provided.

ARTICLE 8 - EXCEPTION FROM THE RIGHT OF WITHDRAWAL

The entrepreneur may exclude the consumer's right of withdrawal for products as described in points 2 and 3. The exception to the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, in any case before the agreement is concluded.
Exceptions to the right of withdrawal are only possible for products:

• which is made by the contractor according to the consumer's specifications;

• which is obviously personal in nature;

• which, due to their nature, cannot be returned;

• which may be quickly destroyed or expired;

• if the price is linked to fluctuations in the financial market over which the contractor has no influence;

• for individual newspapers and magazines;

• for audio and video recordings and software where the consumer has broken the seal;

• for hygiene products where the consumer has broken the seal.

Exceptions to the right of withdrawal are only possible for services:

• relating to accommodation, transport, restaurant services or leisure activities to be carried out on a specific date or within a specific period;

• where delivery has started with the consumer's express consent before the withdrawal period has expired;

• concerning games and lotteries.

ARTICLE 9 - THE PRICE

I reserve the right to change the prices of the offered products and/or services during the stated validity period, also as a result of changes in VAT rates.
In deviation from the previous paragraph, the contractor may offer products or services whose prices are linked to fluctuations in the financial market over which the contractor has no control, with variable prices. This dependence on fluctuations and that any prices stated are indicative prices will be mentioned in the offer.
Price increases within 3 months of the conclusion of the agreement are only permitted if they are due to statutory rules or regulations.
Price increases after 3 months of the conclusion of the agreement are only permitted if the contractor has agreed to this, and:

• they are due to statutory rules or regulations; or

• the consumer has the right to terminate the contract from the day on which the price increase comes into force.
  The place of delivery takes place in accordance with Section 5, first paragraph, of the Value Added Tax Act 1968, in the country where the transport begins. In this case, the delivery takes place outside the EU. In line with this, the post office or courier service will collect import VAT and any customs clearance costs from the recipient of the goods. Therefore, the entrepreneur will not calculate VAT.

All prices are subject to printing and typing errors. The contractor assumes no responsibility for consequences resulting from printing or typing errors. In the event of printing or typing errors, the contractor is not obligated to deliver the product at the incorrect price.

ARTICLE 10 - COMPLIANCE AND WARRANTY

The contractor guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements for quality and/or usability, as well as the legal provisions and/or public regulations applicable at the time of conclusion of the agreement. If agreed, the contractor also guarantees that the product is suitable for purposes other than normal use.
A guarantee provided by the contractor, the manufacturer or the importer does not affect the statutory rights and claims that the consumer may assert against the contractor under the agreement.
Any defective or incorrectly delivered products must be reported in writing to the contractor within 14 days of delivery. Products must be returned in their original packaging and in an unused condition.
The duration of the warranty provided by the contractor corresponds to the manufacturer's warranty. However, the contractor is never responsible for the final suitability of the product for the individual use of the consumer, or for any advice regarding the use or application of the products.
The warranty does not apply if:

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

• The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the contractor and/or treated on the packaging;

• The error is due in whole or in part to regulations that the authorities have imposed or will impose regarding the type or quality of the materials used.

ARTICLE 11 - DELIVERY AND PERFORMANCE

The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products.
The place of delivery is the address provided by the consumer to the company.
With regard to what is mentioned in Article 4 of these terms and conditions, the company shall execute accepted orders without undue delay, but at the latest within 30 days, unless the consumer has accepted a longer delivery time. If delivery is delayed, or if an order cannot be executed in whole or in part, the consumer will be informed of this at the latest 30 days after the order was placed. In such a case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after the termination.
If the delivery of an ordered product proves to be impossible, the entrepreneur will do his best to make a replacement product available. At the latest upon delivery, it shall be clearly and conspicuously informed that a replacement product will be delivered. In the case of replacement products, the right of withdrawal cannot be excluded. The costs of any return are at the contractor's expense.
The risk of damage and/or loss of products lies with the contractor until delivery to the consumer or a representative designated and known to the contractor, unless otherwise agreed.

ARTICLE 12 - LONG-TERM AGREEMENTS: DURATION, TERMINATION AND EXTENSION

Termination
The consumer may terminate an agreement concluded for an indefinite period and concerning the regular supply of products (including electricity) or services, at any time, respecting the termination rules agreed upon, and with a notice period of no more than one month.
The consumer may terminate an agreement concluded for a specific period and concerning the regular supply of products (including electricity) or services, at any time at the end of the agreed period, respecting the termination rules agreed upon, and with a notice period of no more than one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:

• At any time and not limited to termination at a specific time or within a specific period;

• At least terminate in the same way as they were entered into by the consumer;

• Always terminate with the same notice period that the contractor has agreed to for himself.

Extension
An agreement concluded for a specific period and which concerns the regular supply of products (including electricity) or services may not be renewed or automatically extended for a specific period.
By way of derogation from the previous paragraph, an agreement concluded for a specific period and which concerns the regular supply of daily newspapers, news and weekly magazines and periodicals may be automatically extended for a period of maximum three months, if the consumer can terminate this extension at the end of the extension with a notice period of maximum one month.
An agreement concluded for a specific period and which concerns the regular supply of products or services may only be automatically extended for an indefinite period if the consumer has the right to terminate the agreement at any time with a notice period of maximum one month and a notice period of maximum three months if the agreement concerns the regular, but less than monthly, supply of daily newspapers, news and weekly magazines and periodicals.
An agreement with a limited duration for the delivery of daily and weekly newspapers and magazines for trial or introductory subscriptions is not automatically extended and ends at the end of the trial or introductory period.

Duration
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 a maximum of one month, unless reasonableness and fairness indicate that termination before the end of the agreed period is not possible.

Article 13 – Payment Unless otherwise agreed, the amounts owed by the consumer shall be paid within 7 working days after the right of withdrawal as specified in Article 6, first paragraph, has started. In the case of an agreement to provide a service, this period begins when the consumer has received the confirmation of the agreement. The consumer is obliged to immediately inform the entrepreneur of any errors in the payment details provided or mentioned. In the event of non-payment by the consumer, the entrepreneur is entitled, subject to statutory restrictions, to charge the consumer reasonable costs that have been made known in advance.

Article 14 – Complaints handling Complaints about the performance of the contract must be submitted to the contractor in writing and clearly described within 7 days after the consumer has discovered the defect. Complaints submitted to the contractor will be answered within 14 days of receipt of the complaint. If the complaint requires a foreseeable longer processing time, the contractor will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved jointly, a dispute will arise that can be dealt with through the dispute resolution mechanisms. A complaint does not suspend the contractor's obligations, unless the contractor states otherwise in writing. If a complaint is deemed justified by the contractor, the contractor will, at its own discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes For agreements between the entrepreneur and the consumer to which these terms and conditions apply, Dutch law shall apply, even if the consumer lives abroad.

ARTICLE 16 - PERSONAL INFORMATION When submitting personal information via the online store, our privacy policy applies. To view our privacy policy.

ARTICLE 17 - ERRORS, INACCURACIES AND OMISSIONS Occasionally, there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may apply to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change, update information or cancel orders if information in the Service or on a related website is incorrect at any time and without prior notice (even after you have placed your order). We are not obligated to update, change or clarify information in the Service or on a related website, including but not limited to pricing information, unless required by law. No specified update or renewal date shall appear in the Service or on a related website to indicate that all information in the Service or on a related website has been changed or updated.

ARTICLE 18 - CHANGES TO THE TERMS OF SERVICE You can view the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, modify or replace portions of these Terms of Service by posting updates and changes on our website. It is your responsibility to regularly check our website for changes. Your continued use of or access to our website or the Service after any changes to these Terms of Service have been posted constitutes acceptance of those changes.

ARTICLE 19 – CESOP Due to the tightened measures coming into force in 2024 regarding the "Amendment to the Value Added Tax Act 1968 (Payment Institutions Directive Implementation Act)" and thus the implementation of the Central Electronic System of Payment Information (CESOP), payment institutions may be required to register data in the European CESOP system.