General terms and conditions

Definitions and applicability

1.1 In these terms and conditions, the following definitions shall apply:

User: The user of these general terms and conditions, the private limited liability companies.
Hevibazaar established in Meedhuizen at schaapbulterweg 23, 9937TL, Chamber of Commerce number 02087817

Internet site: the Internet sites of User under the URLs https://www.hevihandmade.nl

Customer: any (legal) person, whether or not registered with the trade register of the Chamber of Commerce in the Netherlands or - if the company is established outside the Netherlands - with an equivalent body (such as the Belgian Trade Register) and who has an account created with the User and/or with whom the User enters into an agreement or to whom the User makes an offer;

1.2 These terms and conditions apply to all offers, quotations, deliveries and agreements of any kind between the User and the Customer, unless expressly agreed otherwise in writing.

These terms and conditions shall also apply to all User's future offers, quotations, deliveries to and agreements with the Customer, unless new or amended general terms and conditions of the User apply to them.

1.3 The Customer accepts these general terms and conditions by placing and/or confirming his/her order. The Customer is deemed to have read through the general terms and conditions. Objections regarding these terms and conditions must be made known in advance in writing/via confirmed e-mail.

1.4 The applicability of any purchase or other conditions of the Customer is expressly rejected.

1.5 If one or more provisions in these terms and conditions should at any time be void or nullified in whole or in part, the remainder of these terms and conditions shall continue to apply in full. User and Customer will then consult to agree on new provisions to replace the void or nullified provisions, taking into account the purpose of the original provisions as much as possible.

1.6 If any ambiguity exists regarding the interpretation of one or more provisions of these terms and conditions, the interpretation shall be made according to the spirit of these provisions.

1.7 User only delivers to companies registered with the Chamber of Commerce or - if the company is established outside the Netherlands - with an equivalent authority. By placing an order, the Customer confirms that he is such a company.

1.8 The User reserves the right to amend these general terms and conditions unilaterally. The Customer will then be notified accordingly

Tenders

2.1 All offers, quotations and quotations are without obligation. An offer or quotation expires if the product to which the offer or quotation relates is no longer available in the meantime.

2.2 The User expressly reserves the right to change the prices of its products, including when this is required by (statutory) regulations.

2.3 User cannot be held to its quotations or offers if the Customer can reasonably understand that an offer or quotation, or part thereof, contains an obvious mistake or slip of the pen.

2.4 A composite quotation does not oblige the User to perform part of the order at a corresponding part of the quoted price.

2.5 Offers or quotations do not apply to future orders.

2.6 Information, images, announcements made orally, by telephone or by e-mail and statements regarding offers and the main characteristics of the products are given or made as accurately as possible. However, User does not guarantee that all offers and products fully comply with the information given. Deviations cannot in principle be a reason for compensation and/or dissolution.

Conclusion of agreement

3.1 Subject to the provisions of paragraph 2, the agreement between the User and the Customer is concluded at the moment the Customer accepts the offer and fulfils the conditions stipulated thereby.

3.2 If the Customer accepts the offer electronically, the agreement is concluded at the moment an order confirmation - of an order issued by the Customer - has been sent by email to the email address provided by the Customer. The Buyer and User expressly agree that by using electronic forms of communication, a valid agreement is concluded as soon as this order confirmation has been sent to the Buyer. The User's electronic files, to the extent permitted by law, shall hereby serve as a presumption of proof.

3.3 Verbal offers or promises shall not bind the User unless confirmed by the User in writing within 8 days.

3.4 User has a minimum order amount of € 150.00 (excluding VAT) for orders within the Netherlands and € 250.00 (excluding VAT) for orders outside the Netherlands. In case the Customer places an order below the said amount, no legally valid agreement will be deemed to have been concluded, unless otherwise agreed in writing.

3.5 Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products and/or services.

Changes

4.1 Any changes to the original order must be notified to the User by the Buyer in time and in writing. If the Customer makes his changes known to the User verbally, the risk for the execution of the changes is entirely for the Customer.

4.2 Changes to orders already issued may result in any agreed delivery period being exceeded. User cannot be held liable for this.

4.3 Changes to the order already given may result in a composite quotation previously strengthened to the Customer lapsing. User will then provide the Customer with a new quotation for the new order.

4.4 In case of cancellation of the order by the Customer, the Customer shall bear all costs incurred by the User (incl. labour and materials), while the User shall also be entitled to claim all resulting damage, costs, interest and loss of profit from the Customer.

Prices

5.1 All our (wholesale) prices are in Euro and exclude sales tax and additional costs, unless otherwise agreed in writing/via confirmed e-mail.

5.2. The prices stated in an offer or quotation are exclusive of VAT and other government levies, any costs to be incurred in the context of the agreement, including travel and accommodation, shipping and administration costs, unless otherwise stated.

Payment

6.1 Payment must be made by Mastercard, Meastro, Visa, PayPal, Sofort, Giropay, American Express, Carte Bleue or by post-payment. This is only possible after written approval from the User with a payment term of 14 days after the invoice date.

6.2 If payment remains outstanding for more than 30 days after the invoice date, the Customer shall be in default by operation of law. The Customer shall then owe interest of 1% per month, unless the statutory commercial interest rate is higher, in which case the statutory commercial interest rate shall be due. The interest on the amount due and payable will be calculated from the moment the Buyer is in default until the moment of payment of the amount due in full.

6.3 The User shall be entitled to have the payments made by the Customer go first of all to reduce the costs, then to reduce the interest falling due and finally to reduce the principal sum and current interest.

6.4 User may, without thereby being in default, refuse an offer for payment, if the Customer designates a different order for the allocation of payment. User may refuse full payment of the principal sum, if said payment does not include the interest still due and accrued and collection costs.

6.5 The Customer shall never be entitled to set off the amount he owes to the User.

6.6 If the Customer fails or defaults in the (timely) fulfilment of its obligations, all reasonable costs incurred to obtain payment out of court shall be borne by the Customer. The extrajudicial costs will be calculated on the basis of what is customary in Dutch collection practice, currently the calculation method in accordance with the Dutch Extrajudicial Collection Costs Act (Wet normering buitengerechtelijke incassokosten) and the associated Decree. However, if the User has incurred higher collection costs that were reasonably necessary, the actual costs incurred will be eligible for reimbursement. Any judicial and execution costs incurred will also be recovered from the Customer. The Customer shall also owe interest on the collection costs due.

6.7 Objections to the amount of an invoice do not suspend the payment obligation.

6.8 The customer has the duty, under penalty of forfeiture of rights, to report inaccuracies in payment details provided or mentioned to the entrepreneur immediately and at the latest within two weeks of receipt.

Delivery

7.1 User will exercise due care when executing orders for products.

7.2 The place of delivery is the address which the Customer has made known to the User.

7.3 User will execute accepted orders with due observance of article 6 and with due speed but at the latest within 7 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the Other Party will be informed thereof at the latest one month after he has placed the order. In that case, the Customer has the right to dissolve the agreement without costs.

7.4 In case of dissolution in accordance with the previous paragraph, the User shall refund the amount paid by the Customer as soon as possible, but at the latest within 30 days after dissolution.

7.5 After the User has presented the order for shipment, the risk of damage and/or loss of products rests with the Customer.

7.6 Bulk orders specially for customer of 10 pieces or more cannot be returned.

Retention of title

8.1 All items delivered by the User within the framework of the agreement remain the User's property until the Client has properly fulfilled all obligations from the agreement(s) concluded with the User, including the purchase price, any surcharges, interest, taxes, costs and compensation due pursuant to these terms and conditions or the agreement.

8.2 Items delivered by the User, which are subject to retention of title pursuant to paragraph 1, may not be resold and may never be used as a means of payment. The Customer is not authorised to pledge or encumber in any other way the goods falling under the retention of title.

8.3 The Customer must always do everything that can reasonably be expected of him to safeguard the User's property rights.

8.4 If third parties seize the goods delivered under retention of title or wish to establish or assert rights to them, the Customer shall be obliged to inform the User thereof immediately.

8.5 The Customer undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection by the User on demand. In the event of any insurance payment, the User will be entitled to this money. Insofar as necessary, the Other Party undertakes vis-à-vis the User to cooperate in everything that may be necessary or desirable in that context. 

8.6 In case the User wishes to exercise his property rights referred to in this article, the Buyer gives unconditional and irrevocable permission in advance to the User and third parties to be appointed by the User to enter all those places where the User's property is located and to repossess those goods.

Complaints and cancellations

9.1 The Buyer is obliged to carefully examine the products upon delivery to ensure that they comply with the agreement. Size, colour and quantity differences within a margin of 5% compared to the products depicted on the internet site are not subject to complaint and are therefore deemed to be delivery within the standards of the concluded agreement.

9.2 If the Buyer is of the opinion that the products do not comply with the stipulations of the agreement, the Buyer must report this to the User within eight working days after delivery of the products, after which the right to dissolve or withdraw lapses

9.3 The Buyer shall under no circumstances be able to assert any form of claim against the User after the Buyer has already fully or partially processed or treated the delivered goods and/or resold them to third parties.

9.4 Return shipments will not be accepted unless the User has given its prior written consent. If no consent was granted, the goods will be returned or stored at the expense and risk of the Customer.

If you yourself refuse the package upon delivery or if you fail to collect your package from the collection point within the stipulated time, the shipping and return costs will be at your own expense. These costs will be deducted from the return amount to be settled.

9.5 Complaints never entitle the Customer to refuse payments or to suspend them in whole or in part.

9.6 If warranted by the nature of the materials, the User does not accept any responsibility for the durability, adhesion, lightfastness and colourfastness, wear-resistance and dimensions of the products, even without notifying the Customer.

9.7 Return shipments are at the expense of the Customer and must be sufficiently stamped. Return shipments must also be properly packed and the return shipment must be accompanied by a copy of the invoice stating which articles are being returned.

9.8 In case of returns approved by the User, the Customer will receive a credit. This can be used for a subsequent delivery. User does not refund any funds.

9.9 User provides normal reasonable manufacturer's warranty (maximum 3 months). This guarantee does not reasonably apply in case of wear and tear and can be considered normal and further in the following cases: intent or gross negligence, inexpert use, water damage, freezing and contamination.

Liability and indemnity

10.1 The User shall never be obliged to compensate the Buyer or third parties for damage resulting from a defect in the delivered product, faulty delivery, unless there is intent or gross negligence on the part of the User. User is never liable for consequential damage or trading loss, indirect damage and loss of profit or turnover. If, for whatever reason, the User is bound to compensate any damage, the compensation shall never exceed an amount equal to the invoice value of the delivered product or service through which the damage was caused, with a maximum of € 2,500.

10.2 Our articles are not suitable for use by or for the benefit of children, unless expressly stated otherwise. The Customer is therefore not entitled to use the relevant products for products intended for children or to resell them to children or to third parties who will use them for (products for) or sell them to children. User is not liable for damage caused by unauthorised/improper use as described in this paragraph.

10.3 The Customer shall indemnify the User against any claims by third parties (including all reasonable costs associated therewith), who suffer damage in connection with the execution of the agreement, the cause of which is not attributable to the Customer.

10.4 If the User should be held liable by third parties for that reason, the Other Party shall be obliged to assist the User both extrajudicially and judicially and immediately do all that can reasonably be expected of him by the User in that respect. Should the Other Party be in default, the User will be entitled, without notice of default, to do so himself. All costs and damage caused on the part of the User and third parties as a result will be fully at the expense and risk of the Buyer. If the Buyer becomes aware of any damage that has been or may be caused by a product supplied by the User or of any defect in such a product, he shall notify the User thereof immediately.

Force majeure

11.1 In the event of force majeure, the User shall be entitled, without judicial intervention, either to extend all or some of the delivery deadlines by the duration of the force majeure, or to dissolve all or part of the agreement, without the User being obliged to pay any compensation.

11.2 Force majeure shall be deemed to include: all (foreseen and unforeseen) external causes beyond the User's control that prevent him from fulfilling his obligations, such as strike, lockout, fire, traffic obstructions, lack of raw materials, materials or labour, mobilisation, war, import and/or export obstructions, government measures, non-delivery or late delivery by suppliers or other third parties called in, and the absence of any permit to be obtained from the authorities. Force majeure also includes breakdowns in a (telecommunications) network or connection or communication systems used and/or the unavailability of the internet site at any time, or other impeding circumstances beyond the User's control.

Intellectual property

12.1 The Customer expressly acknowledges that all intellectual property rights of displayed information, images, announcements or other expressions regarding the products and/or regarding the internet site are vested in the User, its suppliers or other right holders.

12.2 Intellectual property rights means patent, copyright, trademark, design and model rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts.

12.3 The Customer is prohibited from using, including making changes, the intellectual property rights as described in this article, such as reproduction, without the express prior written consent of the User, its suppliers or other entitled parties.

Disputes

13.1 All agreements are governed exclusively by Dutch law, even if an obligation is wholly or partly performed abroad.

13.2 The applicability of the Vienna Sales Convention is expressly excluded.

13.3 All disputes arising from offers or agreements, however called, shall be submitted to the judgement of the competent court in Delfzijl (the Netherlands).