General Terms and Conditions of registration with the Chamber of Commerce, number 78209730 , Happynecks® vof
Article 1 Definitions
- In these general terms and conditions, the following terms are used in the following sense, unless explicitly stated otherwise: Supplier: Happynecks® vof in Krommenie;
Buyer: the supplier's other party, the person with whom purchase agreements for the delivery of goods and / or services are concluded;
Agreement: any agreement between buyer and Happynecks® vof vof to deliver goods and / or services by Happynecks® vof vof to buyer.
Article 2 General
- The provisions of these general terms and conditions apply to every offer and every agreement between supplier and a buyer to which supplier has declared these terms and conditions applicable, insofar as the parties have not explicitly deviated from these terms and conditions in writing.
- By placing an order, the buyer agrees to these terms and conditions.
- The present terms and conditions also apply to all agreements with the supplier, for the implementation of which third parties must be involved.
- General terms and conditions of the buyer only apply if it has been explicitly agreed in writing that these apply to the agreement to the exclusion of these terms and conditions. In that case, any conflicting provisions in the terms and conditions of supplier and buyer will only apply between parties, if and to the extent that they form part of supplier's terms and conditions.
- If one or more provisions of these terms and conditions are invalid or should be declared void, the remaining provisions of these terms and conditions will remain fully applicable. The supplier and the buyer will then consult in order to agree new provisions to replace the void or voided provisions, taking into account if and as far as possible the purpose and scope of the original provision.
Article 3 Offers and quotations
- All offers and quotations from Happynecks® vof vof are without obligation, unless a period for acceptance is stated in the offer.
- The offers made by the supplier are without obligation; they are valid for two months, unless stated otherwise. The supplier is only bound by the offers if the acceptance thereof is confirmed by the buyer within two months.
- Offers or quotations do not automatically apply to repeat orders.
- The prices in the aforementioned offers and quotations are exclusive of VAT and other government levies as well as shipping and any transport and packaging costs, unless explicitly stated otherwise. The prices quoted are in euros (€)
- If the acceptance deviates (on minor points) from the offer included in the quotation, the supplier is not bound by this. The agreement will then not be concluded in accordance with this deviating acceptance, unless the supplier indicates otherwise.
Article 4 Execution of the agreement
- Supplier shall execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. All this on the basis of the current state of science.
- If and insofar as the proper execution of the agreement requires, the supplier has the right to have certain work done by third parties.
- The buyer shall ensure that all data, of which the supplier indicates that they are necessary or which the buyer should reasonably understand to be necessary for the execution of the agreement, is provided to the supplier in a timely manner. If the information required for the implementation of the agreement has not been provided to the supplier in time, the supplier has the right to suspend the implementation of the agreement and / or to charge the buyer the additional costs resulting from the delay according to the usual rates .
- The supplier is not liable for damage of whatever nature caused by the supplier's assumption of incorrect and / or incomplete data provided by the buyer, unless the supplier should have been aware of this inaccuracy or incompleteness.
- If work is performed by the supplier or third parties engaged by the supplier within the framework of the assignment at the location of the buyer or a location designated by the buyer, the buyer shall provide the facilities reasonably required by those employees free of charge.
- The buyer indemnifies the supplier against any claims from third parties who suffer damage in connection with the implementation of the agreement and which can be attributed to the buyer.
Article 5 Delivery
- All items are usually available within a few days. The buyer will receive a confirmation of the order placed by e-mail. If an item is temporarily out of stock, the customer will be notified within 5 days. In consultation with the buyer, the order will be held by Happynecks® vof or canceled by the buyer.
The items are delivered to the delivery address specified by the customer when placing the order
- The buyer is obliged to take delivery of the goods at the moment that the supplier delivers them or has them delivered to him, or at the moment when they are made available to him in accordance with the agreement.
- If the buyer refuses to take delivery or fails to provide information or instructions that are necessary for the delivery, the supplier is entitled to store the goods at the expense and risk of the buyer.
- If the goods are delivered, the supplier is entitled to charge any delivery costs.
- If the supplier has specified a delivery period, this is indicative. A specified delivery time is therefore never a strict deadline. If a term is exceeded, the buyer must notify the supplier in writing.
- The supplier is entitled to deliver the goods in parts, unless this has been deviated from in the agreement or the partial delivery has no independent value. The supplier is entitled to invoice the delivered items separately.
- If the delivery is postponed at the request of the buyer, the buyer owes a compensation to the supplier, in connection with storage costs that the supplier must incur, the additional risks that the supplier runs as a result. This reimbursement amounts to 10% of the invoice value per month.
From the moment of delivery, the matter is already at the risk of the buyer. In the event of damage during transport, Happynecks® vof of articles can be replaced within seven days.
Article 6 Right of return and return shipments
- From the moment of delivery, the customer has the right to return the items within 14 days without giving a reason. The purchaser may remove products from the packaging and view products with the usual articles, not being specially ordered articles or equipment, during the trial period. The buyer may return the product within the period.
- If the buyer waives the purchase within the trial period, the buyer is then entitled to a refund of the amount, excluding shipping costs, paid by the buyer in connection with the return shipment. The amount will be refunded as soon as possible, but in any case after thirty days after the return shipment. The buyer is responsible for returning the product in the correct condition.
- The shipping costs for returns are at the expense of the buyer. Return shipments are for the account and risk of the buyer.
- Happynecks® vof vof is entitled to refuse late and / or manifestly unfounded returns, as well as returns whose costs have not been paid in advance.
Article 7 Samples and models
- If a sample or model has been shown or provided to the buyer, then it is presumed to have been provided only as an indication without the item having to comply with it, unless it is expressly agreed that the item will correspond to it.
Article 8 Reimbursements, price and costs
- The supplier may pass on price increases, among other things, if significant price changes have occurred between the time of the offer and the execution of the agreement with regard to, for example, exchange rates, wages, raw materials, semi-finished packaging material. This also applies if the price increase was foreseeable at the time the agreement was concluded.
- The prices used by the supplier are exclusive of VAT and any other levies, as well as any costs to be incurred in the context of the agreement, including shipping and administration costs, unless stated otherwise.
Article 9 Amendment of the agreement
- If during the execution of the agreement it appears that for a proper execution it is necessary to change and / or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
- If the change and / or supplement to the agreement has financial and / or qualitative consequences, the supplier will inform the buyer about this in advance. If a fixed rate has been agreed, the supplier shall indicate to what extent the change or supplement to the agreement will result in an increase in this fixed rate.
- Contrary to the provisions in this respect, the supplier will not be able to charge additional costs if the change or supplement is the result of circumstances that can be attributed to it.
Article 10 Payment
- Unless otherwise specified in writing by Happynecks® vof vof, payment must be made in advance.
Payment must be made:
- With iDeal payment upon shipment. Contact can be paid by debit card or by pin.
Separate payment agreements .:
If payment is made by invoice, the order amount will be invoiced after delivery. The buyer must transfer this amount to the buyer within 14 days after delivery to the indicated bank account. Objections to the amount of the invoices do not suspend the payment obligation.
- If the buyer fails to pay within the period of 14 days, the buyer is legally in default. The buyer then owes an interest of 2% per month, unless the statutory interest is higher, in which case the legal interest applies. The interest on the claimable amount will be calculated from the moment that the buyer is in default until the moment of payment of the full amount.
- In the event of liquidation, bankruptcy, debt restructuring, attachment or suspension of payment of the buyer, the claims of the supplier against the buyer are immediately due and payable.
Article 11 Retention of title
- All goods supplied by the supplier, including any designs, sketches, drawings, films, software, (electronic) files, etc., remain the property of the supplier until the buyer has fulfilled all of the following obligations under all agreements concluded with the supplier.
- The buyer is not authorized to pledge the goods falling under the retention of title nor to encumber them in any other way.
- If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the buyer is obliged to inform the supplier of this as soon as can reasonably be expected.
- The buyer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to provide the insurance policy for inspection upon first request.
- Supplier supplied goods, which fall under the retention of title pursuant to the provisions of 1. of this article, may only be resold in the context of normal business operations and may never be used as a means of payment.
- In the event that the supplier wishes to exercise his ownership rights referred to in this article, the buyer already gives unconditional and irrevocable permission to the supplier or third parties to be designated by him to enter all those places where the supplier's property is located and which to take things back.
Article 12 Warranty
- The supplier guarantees that the goods to be delivered meet the usual requirements and standards that can be set.
- The guarantee referred to under 1 also applies if the goods to be supplied are intended for use abroad and the buyer has explicitly notified the supplier of this use in writing at the time of entering into the agreement.
- The guarantee mentioned under 1. applies for a period of 12 months after delivery, unless otherwise stated in writing by the supplier.
- If the goods to be delivered do not meet these guarantees, the supplier shall replace the goods within a reasonable period of time after receipt thereof or, if a return is not reasonably possible, written notice regarding the defect by the buyer, at the supplier's option. for recovery. In the event of replacement, the buyer undertakes to return the replaced item to the supplier and to provide ownership to the supplier.
- The aforementioned guarantee does not apply if the defect has arisen as a result of improper or improper use or if, without written permission from the supplier, the buyer or third parties have made changes or attempt to make the item or have used it for purposes for which the item is not intended.
Article 13 Collection costs
- If the buyer is in default or in default with the fulfillment of one or more of its obligations, then all reasonable costs for obtaining satisfaction out of court will be borne by the buyer. If the buyer fails to pay a sum of money in time, he forfeits an immediately due and payable fine of 10% on the amount still due. This with a minimum of € 50.00.
- If the supplier has incurred higher costs, which were reasonably necessary, these also qualify for reimbursement.
- Any reasonable judicial and execution costs incurred will also be borne by the buyer.
- The buyer owes interest on the collection costs incurred.
Article 14 Suspension and termination
- The supplier is entitled to suspend compliance with the obligations or to dissolve the agreement if:
- Buyer does not or not fully comply with the obligations under the agreement.
- after the agreement has been concluded the supplier becomes aware of circumstances that give good reason to fear that the buyer will not fulfill his obligations. In case there is good reason to fear that the buyer will only partially or not properly comply, the suspension is only permitted insofar as the shortcoming justifies it.
- If the agreement is dissolved, the supplier's claims against the buyer become immediately due and payable. If the supplier suspends compliance with its obligations, it will retain its claims under the law and agreement.
- The supplier always retains the right to claim compensation.
Article 15 Liability
- If the goods delivered by the supplier are defective, the supplier's liability towards the buyer is limited to what is arranged in these conditions under “Guarantees”.
- If the supplier is liable for direct damage, then that liability is limited to a maximum of twice the invoice amount, at least that part of the agreement to which the liability relates. The liability is at all times limited to a maximum of the amount to be provided by the supplier's insurer in the appropriate case.
- Direct damage is exclusively understood to mean:
- the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions;
- any reasonable costs incurred to have the defective performance of the supplier comply with the agreement, unless this defect cannot be attributed to the supplier;
- reasonable costs incurred to prevent or limit damage, insofar as the buyer demonstrates that these costs have led to the limitation of direct damage as referred to in these general terms and conditions.
- The supplier is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage due to business interruption.
- The limitations of liability for direct damage included in these terms and conditions do not apply if the damage is due to intent or gross negligence on the part of the supplier or his subordinates.
- The supplier is not liable for injury resulting from the use of braces or other items supplied by Happynecks® vof vof.
- The buyer is at all times responsible for determining the correct size when purchasing one of the articles from Happynecks® vof vof, provided that the buyer has been individually advised at the address of Happynecks® vof vof by one of the qualified physiotherapists there.
Article 16 Transfer of risk
- The risk of loss or damage to the products that are the subject of the agreement is transferred to the buyer at the moment that these are legally and / or actually delivered to the buyer and thus in the power of the buyer or of a buyer to be supplied by the buyer. third parties.
Article 17 Force majeure
- The parties are not obliged to fulfill any obligation if they are prevented from doing so as a result of a circumstance that is not due to fault, and is not for their account under the law, legal act or generally accepted beliefs.
- Force majeure in these general terms and conditions is understood to mean, in addition to what is understood in this regard by law and case law, all of external causes, foreseen or not foreseen, on which the supplier cannot influence, but as a result of which the supplier is unable to fulfill his obligations. . Strikes in the supplier's company are included.
- The supplier also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after the supplier should have fulfilled its obligation.
- Parties can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to terminate the agreement, without obligation to compensate damage to the other party.
- Insofar as the supplier at the time of the force majeure has in part fulfilled its obligations under the agreement or will be able to fulfill it, and the part fulfilled or to be fulfilled will have independent value, the supplier is entitled to fulfill or fulfill the part already fulfilled. come to invoice separately. The buyer is obliged to pay this invoice as if it were a separate agreement.
Article 18 Safeguards
- The buyer indemnifies the supplier against claims from third parties with regard to intellectual property rights on materials or data provided by the buyer, which are used in the execution of the agreement.
Article 19 Disputes and applicable law
- All agreements and / or actions performed by Happynecks® vof vof are exclusively governed by Dutch law; these agreements and / or acts are deemed to have been concluded or performed in the Netherlands.
Article 20 Amendment, explanation and location of the conditions
- The latest published version or the version that applied at the time of the conclusion of the agreement always applies on our website.