Terms of service

Overview
This website is operated by HydroBoost. Throughout the site, the terms “we”, “us”, “our” and “entrepreneur” refer to HydroBoost. HydroBoost 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 site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including but not limited to users who are browsers, vendors, customers, merchants and/or contributors of content.

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 and conditions 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 which are 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 regularly 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 on 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 the state or province in which you reside, or that you are the age of majority in the state or province in which you reside 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 or 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 (not including credit card information), may be transferred unencrypted and 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, 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
In these terms and conditions, the following definitions apply:
Reflection period: the period within which the consumer may exercise their right of withdrawal.
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
Day: 11‑10‑2023
Long‑term transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time.
Durable data carrier: any tool that enables the consumer or entrepreneur 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 possibility for the consumer to withdraw from the distance contract within the reflection period.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, whereby up to and including the conclusion of the contract exclusive use is made of one or more techniques for distance communication.
Technique for distance communication: a means that can be used for the conclusion of a contract without the consumer and entrepreneur being simultaneously present in the same space.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur
HydroBoost
KVK: 91448627
Email: info@milouamsterdam.nl

Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
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, it will be indicated, before the distance contract is concluded, that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, then, contrary to 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 by electronic means in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded 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.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favorable to them.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or 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, by a provision that approaches the intent of the original as closely as possible.
Situations not covered by these general terms and conditions shall be assessed “in the spirit” of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms shall also be interpreted “in the spirit” of these general terms and conditions.

Article 4 – The offer
If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
The offer is non‑binding. The entrepreneur is entitled to change 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 enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This includes in particular:
– the price, excluding customs clearance costs and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service will, with regard to the import, make use of the special scheme for postal and courier services. This scheme applies if the goods are imported into the EU country of destination, which in this case also applies. The postal and/or courier service will collect the VAT (possibly together with the customs clearance costs charged) from the recipient of the goods;
– any shipping costs;
– the manner in which the agreement will be concluded and which actions are required for this;
– whether or not the right of withdrawal applies;
– the method of payment, delivery and performance of the agreement;
– the period for accepting the offer, or the period within which the entrepreneur 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 different basis than the regular base rate for the used communication tool;
– whether the agreement will be archived after conclusion, and if so how it can be consulted by the consumer;
– the way in which the consumer, before concluding the agreement, can check and, if desired, correct the information provided by them in the context of the agreement;
– any other languages in which, in addition to Dutch, the agreement may be concluded;
– the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
– the minimum duration of the distance contract in the case of a long‑term transaction.
Optional: available sizes, colors, types of materials.

Article 5 – The agreement
Subject to the provisions in paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer by electronic means, the entrepreneur shall confirm receipt of the acceptance of the offer without delay by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for this purpose.
The entrepreneur may, within legal boundaries, ascertain whether the consumer is able to meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or application, stating reasons, or to attach special conditions to the execution.
The entrepreneur will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, together with the product or service:

  1. the visiting address of the entrepreneur’s establishment where the consumer can submit complaints;

  2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

  3. the information about warranties and existing after‑sales service;

  4. the data included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided these data to the consumer before the execution of the agreement;

  5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
    In the case of a long‑term transaction, the provision in the previous paragraph only applies to the first delivery.
    Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This reflection period starts on the day after the consumer, or a representative designated in advance by the consumer and made known to the entrepreneur, has received the product.
During the reflection period the consumer shall handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If they exercise their right of withdrawal, they shall return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receipt of the product. The consumer must make this notification by means of a written message/email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
If, after expiry of the terms referred to in paragraphs 2 and 3, the consumer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products are borne by the consumer.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition here is that the product has already been received back by the online retailer, or that conclusive proof of complete return can be provided.

Article 8 – Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:

  1. that have been created by the entrepreneur in accordance with the consumer’s specifications;

  2. that are clearly personal in nature;

  3. that, by their nature, cannot be returned;

  4. that can spoil or age quickly;

  5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;

  6. for individual newspapers and magazines;

  7. for audio and video recordings and computer software of which the consumer has broken the seal;

  8. for hygienic products of which the consumer has broken the seal.
    Exclusion of the right of withdrawal is only possible for services:

  9. relating to accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;

  10. whose performance has started with the consumer’s express consent before the end of the reflection period;

  11. relating to bets and lotteries.

Article 9 – The price
I reserve the right, during the period of validity stated in the offer, to change the prices of the products and/or services offered, including as a result of changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

  1. these are the result of statutory regulations or provisions; or

  2. the consumer is entitled to terminate the agreement with effect from the day on which the price increase takes effect.
    The place of delivery, on the basis of Article 5, paragraph 1 of the Dutch Turnover Tax Act 1968, is the country where the transport begins. In this case, the delivery takes place outside the EU. Consequently, the postal or courier service will charge import VAT and/or customs clearance costs to the purchaser. Therefore, no VAT will be charged by the entrepreneur.
    All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 – Conformity and warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
Any warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. The entrepreneur is, however, 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.
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 instructions of the entrepreneur and/or the packaging;
– The defect 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.

Article 11 – Personal information
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please refer to the relevant page.

Section 12 – 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.

Section 13 – 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 on 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.