Terms & Conditions
Grace & Cole New York is the trade name of the company CMM Products. These Terms and Conditions govern access to and use of the website https://graceandcolenewyork.com/ (hereinafter referred to as the “Website”), operated by CMM Products (hereinafter referred to as “Grace & Cole New York”), located at Hollandse Hout 309, 8244GM Lelystad, The Netherlands, as well as the services and products offered by CMM Products (Grace & Cole New York) through the Website.
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise the right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Long-term transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future reference and unaltered reproduction of that information;
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person offering products and/or services remotely to consumers;
Distance contract: an agreement concluded within the framework of an organized system for distance sales of products and/or services, whereby exclusive use is made of one or more means of distance communication;
Means of distance communication: any tool that can be used for concluding an agreement without the consumer and entrepreneur being simultaneously present in the same space;
Terms and Conditions: these general Terms and Conditions of the entrepreneur.
Article 2 – Applicability
These Terms and Conditions apply to every offer from the entrepreneur and to every distance contract and order made between the entrepreneur and the consumer, regardless of the consumer’s country of residence. The entrepreneur is established in the Netherlands and delivers exclusively to customers in the United States.
By placing an order on the entrepreneur’s website, the consumer declares to have read, understood, and agreed to these Terms and Conditions. All agreements between the entrepreneur and the consumer are governed by Dutch law, even if the consumer resides outside the Netherlands or delivery takes place outside the Netherlands.
All prices listed on the website include the applicable U.S. sales tax. The entrepreneur is responsible for collecting, reporting, and remitting this sales tax to the relevant tax authorities in the United States. The consumer will not be charged additional import duties, customs fees, or local taxes upon delivery, unless explicitly stated otherwise before the order is placed.
If one or more provisions of these Terms and Conditions are declared void or invalid, the remaining provisions shall continue to apply. The invalid provision will then be replaced, in mutual consultation, with a valid provision that most closely reflects the intent of the original.
Situations not covered by these Terms and Conditions shall be interpreted according to the spirit of these Terms and Conditions. Any ambiguity regarding the interpretation or content of one or more provisions shall also be interpreted according to that same spirit.
Article 3 – The Offer
If an offer has a limited validity period or is subject to certain conditions, this will be explicitly stated in the offer. The offer is non-binding; the entrepreneur reserves the right to modify or adjust the offer at any time.
Each offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper evaluation of the offer by the consumer. Images used by the entrepreneur are truthful representations of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
Each offer contains information sufficient for the consumer to clearly understand the rights and obligations associated with acceptance of the offer, including the price, shipping costs, payment method, delivery terms, and performance of the contract.
Article 4 – The Agreement
The contract is concluded at the moment the consumer accepts the offer and meets the stated conditions.
When the consumer accepts the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as this confirmation has not been received by the consumer, the consumer may cancel the agreement.
The entrepreneur shall implement appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment.
Every agreement is entered into under the condition of sufficient availability of the relevant products.
Article 5 – Right of Withdrawal
When purchasing products, the consumer has the right to withdraw from the agreement within 14 days without providing any reason. This cooling-off period starts on the day after the consumer, or a third party designated by the consumer, receives the product.
If the consumer wishes to exercise this right, they must notify the entrepreneur within 14 days after receiving the product, via email or written communication. After notifying the entrepreneur, the consumer then has an additional 14 days to return the product. The consumer must be able to prove that the goods were returned on time, for example by providing proof of shipment.
All returns must be sent to our warehouse in China, at the return address provided by our customer service team. Returns sent to any other address will not be accepted or processed.
If the consumer has not indicated the intention to withdraw within the stated period or has not returned the product on time, the purchase is considered final.
Article 6 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, the return shipping costs are borne by the consumer, unless otherwise agreed.
Returned products must be sent to our logistics center in China using a trackable shipping method. The consumer is responsible for ensuring that the package arrives safely and in its original condition.
If the consumer has already made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the returned product has been received or the consumer has provided conclusive proof of return shipment.
Article 7 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for products made to the consumer’s specifications, personalized products, items of a personal or hygienic nature, or products that by their nature cannot be returned.
Article 8 – The Price
The prices stated in offers of products or services are inclusive of U.S. sales tax, in accordance with the tax laws applicable in the states where the entrepreneur operates. The entrepreneur is responsible for remitting the applicable sales tax to the competent tax authorities in the United States.
The consumer will not be charged any additional import duties, customs fees, or local taxes upon delivery, unless explicitly stated otherwise during checkout. The entrepreneur reserves the right to adjust prices in the event of changes to statutory rates or fiscal obligations.
All prices are subject to typographical or printing errors. The entrepreneur accepts no liability for the consequences of such errors. In the case of an obvious pricing error, the entrepreneur is not obligated to deliver the product at the incorrect price.
Article 9 – Identity of the Entrepreneur
Company name: CMM Products
Business address: Hollandse Hout 309, 8244GM Lelystad
Email: info@graceandcolenewyork.com
Chamber of Commerce (KvK): 93814399
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products comply with the contract, the specifications stated in the offer, and reasonable standards of quality and usability.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. Returned items must be in their original packaging and unused condition.
Article 11 – Delivery and Execution
The entrepreneur will exercise the utmost care in processing and delivering product orders. The delivery address provided by the consumer is considered the place of delivery.
Orders will be processed and shipped as quickly as possible within the indicated delivery time. If delivery is delayed, the consumer will be informed.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated by the consumer.
Article 12 – Duration Transactions: Term, Termination, and Renewal
The consumer may terminate an agreement for an indefinite period that involves the regular delivery of products at any time, subject to a notice period of no more than one month.
An agreement for a fixed term involving the regular delivery of products may be terminated by the consumer at the end of the fixed duration, subject to a notice period of no more than one month.
A limited-term agreement intended as a trial or introductory offer will not be renewed automatically and will end after the trial period expires.
Article 13 – Payment
Unless otherwise agreed, all amounts due by the consumer must be paid in full at the time of ordering. The consumer is obliged to promptly report any inaccuracies in provided or stated payment information to the entrepreneur.
In the event of non-payment, the entrepreneur, subject to statutory limitations, has the right to charge the consumer any reasonable costs made known in advance.
Article 14 – Complaints Procedure
Complaints regarding the performance of the contract must be submitted in writing to the entrepreneur within 7 days after discovery, via email at info@graceandcolenewyork.com.
Complaints submitted to the entrepreneur will receive a response within 14 days of receipt. If a complaint requires more time, the consumer will be informed within 14 days with an estimated timeline for a detailed reply.
Article 15 – Disputes
All agreements between the entrepreneur and the consumer to which these Terms and Conditions apply are governed exclusively by Dutch law, even if the consumer resides outside the Netherlands.
Article 16 – CESOP
In accordance with European regulations regarding the “Central Electronic System of Payment Information (CESOP),” payment service providers may record transaction data within the European CESOP system as required by the “Payment Services Directive Implementation Act.”