GENERAL TERMS AND CONDITIONS

Last updated April 28, 2021

Website:
www.dehagendoorn.be

(hereinafter the "Platform")

is an initiative of:

De Hagendoorn bv
Ruitersbaan 16
3990 Peer
Company number (KBO number): 0841424817
E-mail: [email protected]
Telephone: +32478823139

(hereinafter "we" or "De Hagendoorn bv" or the "Seller")

I. GENERAL TERMS AND CONDITIONS OF USE

1. Scope

These General Terms of Use apply to any visit or use of the Platform by an Internet user (hereinafter referred to as the "User").

By visiting or using the Platform, the User acknowledges that he/she has read these General Terms of Use and expressly accepts the rights and obligations stated therein.

By way of exception, the provisions of the General Terms of Use may be waived by written agreement. Such waivers may consist in the modification, addition or deletion of the provisions to which they relate and shall not affect the application of the remaining provisions of the General Terms of Use.

We reserve the right to modify our General Terms of Use at any time and without prior notice, but we undertake to apply to a User the provisions that were in effect at the time the User used the Platform.

2. Platform

a. Accessibility and navigation.

We take all reasonable and necessary measures to ensure the proper operation, security and accessibility of our Platform. However, we cannot provide an absolute guarantee of operation and our actions should therefore be considered to be covered by a resource commitment.

Any use of the Platform is always at the User's own risk. We are therefore not liable for damages that may result from any malfunctions, interruptions, defects or even harmful elements on the Platform.

We reserve the right to restrict access to the Platform or interrupt its operation at any time, without prior notice.

b. Content

De Hagendoorn bv largely determines the content of the Platform and takes great care with the information on it. We take all possible measures to keep our Platform as complete, accurate and up-to-date as possible, even when the information on it is provided by third parties. We reserve the right to modify, supplement or delete the Platform and its content at any time, without incurring any liability to do so.

De Hagendoorn bv cannot offer an absolute guarantee regarding the quality of the information on the Platform. As a result, this information may not always be complete, accurate, sufficiently accurate or current. Consequently, De Hagendoorn bv cannot be held liable for any damage, direct or indirect, that the User might suffer as a result of the information provided on the Platform.

If certain content of the Platform violates the law or the rights of third parties or is contrary to morality, we request each User to inform us as soon as possible by e-mail so that we can take appropriate measures.

Any download from the Platform is always at the User's own risk. De Hagendoorn bv is not liable for damages, direct or indirect, resulting from such downloads, such as loss of data or damage to the User's computer system, which are the sole and exclusive responsibility of the User.

3. Links to other websites.

The Platform may contain links or hyperlinks to external websites. Such links do not automatically imply that a relationship exists between De Hagendoorn bv and the external website, or even that an implicit agreement exists with the content of these external websites.

De Hagendoorn bv has no control over such external third-party websites.

We are therefore not responsible for the safe and correct operation of the hyperlinks and their final destination. Once the user clicks on the hyperlink, he/she leaves the Platform. We therefore cannot be held liable for any further damage.

4. Intellectual Property.

The structure of the Platform, as well as the content, texts, graphics, images, photos, sounds, videos, databases, computer applications, etc. from which the Platform is composed or which are accessible via the Platform, are the property of the De Hagendoorn bv or De Hagendoorn bv has obtained the necessary rights, and as such are protected by the current and applicable intellectual property laws.

Any representation, reproduction, adaptation or partial or full exploitation of the content, brands and services offered by the Platform, by any means whatsoever, without the prior, express and written consent of De Hagendoorn bv, is strictly prohibited, with the exception of elements expressly indicated as 'royalty-free' on the Platform.

The Platform User is granted a limited right to access, use and display the Platform and its content. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal and non-commercial purposes. Unless previously agreed otherwise in writing, the User is not allowed to modify, reproduce, translate, distribute, sell or communicate to the public, in whole or in part, the protected elements.

The User is prohibited from entering any data on the Platform that would or could alter the content or appearance of the Platform.

5. Protection of personal data

We assure Users that we attach the utmost importance to the protection of their privacy and personal data, and that we always strive to communicate clearly and transparently in this regard.

Personal data provided by Users during their visit or use of the Platform are collected and processed by De Hagendoorn bv solely for internal purposes.

De Hagendoorn bv undertakes to comply with the applicable legislation in this area, in particular the Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the "General Data Protection Regulation" or "GDPR") and the Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data.
The personal data of the User will be processed in accordance with the Privacy Policy available on the Platform.

6. Applicable law and competent jurisdiction.

These General Terms of Use are governed by Belgian law.

In the event of a dispute and failing an amicable solution between the parties, the dispute will be brought before the courts of the judicial district where De Hagendoorn bv has its registered office.

7. Other provisions

De Hagendoorn bv reserves the right to modify, expand, remove, limit or interrupt the Platform and associated services at any time, without prior notice and without liability.

In case of a breach of the General Terms of Use by the User, De Hagendoorn bv reserves the right to take appropriate sanctions and compensation measures. De Hagendoorn bv reserves the right to temporarily or permanently deny the User access to the Platform or our services. These measures may be taken without giving reasons and without prior notice. They may not involve the liability of De Hagendoorn bv or give rise to any form of compensation.

The illegality or complete or partial invalidity of any provision of our General Terms of Use shall not affect the validity and application of the other provisions. In such a case, we have the right to replace the provision with another valid provision that serves the same purpose.

II. GENERAL CONDITIONS OF SALE

1. Scope

These General Terms and Conditions of Sale define the mutual rights and obligations in the event of the purchase of products or services on the Platform by a User (who, for the purposes of the General Terms and Conditions of Sale, is hereinafter referred to as "Client").

The General Terms and Conditions of Sale express all the obligations of the parties. The Customer is deemed to accept them without reservation, failing which their order will not be validated.

Exceptions to the provisions of the General Terms of Sale may be made in exceptional cases, provided that these exceptions are agreed in writing. Such exceptions may consist in amending, adding or deleting the provisions to which they relate and shall not affect the application of the other provisions of the General Terms and Conditions of Sale.

De Hagendoorn bv reserves the right to amend the General Terms and Conditions of Sale from time to time. Changes will apply as soon as they are posted online for any purchase after that date.

 

2. Online store

Through the Platform, the Seller makes available to the Customer an online shop that presents the products or services offered. The presentation of the products or services offered (e.g. through photographs) have no contractual value.

The products or services are described and presented with the utmost accuracy. However, in case of errors or omissions in the presentation, the Seller cannot be held liable for this.

The products and services are offered within the limits of their availability.

Prices and taxes are listed in the online store.


3. Price

The Seller reserves the right to change its prices at any time by publishing them online.

Only the prices indicated and the taxes in force at the time of the order are applicable, subject to availability at that date.

Prices are indicated in euros and do not take into account any delivery costs, which are additionally indicated and invoiced prior to the validation of the order by the Customer.

The total amount of the order (all taxes included) and, if applicable, the delivery costs are indicated before the final validation of the order.

4. Online ordering

The Customer has the option of completing an order online using an electronic form. By completing the electronic form, the Customer accepts the price and description of the products or services.

To validate his order, the Customer must accept these General Terms and Conditions of Sale by clicking on the place indicated.

The Customer must provide a valid email address, billing information and, if applicable, a valid delivery address. Any communication with the Vendor can take place through this email address.

In addition, the Customer must choose the delivery method and validate the payment method.
The Seller reserves the right to block the Customer's order in case of non-payment, incorrect address or any other problem on the Customer's part until the problem is resolved.

5. Confirmation and payment of order.

The Seller retains ownership of the items ordered until full payment for the order is received.

a. Payment

The Customer makes payment at the time of final validation of the order using the payment method chosen. This validation applies in lieu of a signature.

The Customer guarantees to the Vendor that he has the necessary authorizations to use this method of payment and acknowledges that the information provided for this purpose constitutes proof of his agreement to the sale and payment of the sums due under the order.

The Seller has established a procedure to verify orders and means of payment to reasonably guarantee him against any fraudulent use of a means of payment, including by requesting identification information from the Customer.

In case of refusal of permission to pay by credit card by accredited organizations or in case of non-payment, the Seller reserves the right to suspend or cancel the order and its delivery.

The Vendor also reserves the right to refuse an order from a Customer who has not completed all or part of a previous order or from whom a payment dispute is pending.

b. Confirmation

Upon receipt of validation of the purchase with payment, the Seller will send the purchase to the Customer, as well as an invoice, unless the latter is delivered with the order.

The Customer may request that the invoice be sent to an address other than the delivery address by making a request to Customer Service prior to delivery (see contact details below).

In the event of unavailability of a service or product, the Vendor will inform the Customer by email as soon as possible to replace or cancel the order for this product and possibly refund the price in question, with the rest of the order remaining firm and final.


6. Proof

Communications, orders and payments between the Customer and the Seller may be proved by means of computerized records, kept in the computer systems of the Seller under reasonable security conditions.

The orders and invoices shall be archived on a reliable and durable medium which shall be considered as evidence in particular.

 

7. Delivery

Delivery is made only after confirmation of payment by the Seller's bank.

Products will be delivered to the address indicated by the Customer on the online order form. Additional costs resulting from incomplete or incorrect information provided by the Customer will be charged to the Customer.

Delivery takes place, according to the method chosen by the Customer, within the following deadlines:

Standard delivery time is 2 to 7 days.
For bulk deliveries, we will contact you to agree on a delivery date.

All deliveries depart from our point of sale in Peer. If you wish otherwise, please mention the word "kinrooi" in the comment when completing your order.

The delivery times are indicative. No compensation may be claimed from the Seller or the carrier in the event of late delivery. However, if delivery times exceed thirty days from the date of the order, the sales contract may be terminated and the Customer may be reimbursed.

a. Verification of the order

Upon receipt of the products, the Customer or the recipient shall check the good condition of the product delivered or the conformity of the service provided.

In the event that one or more of the products ordered are missing or damaged, the Customer or the recipient must formulate the necessary reservations to the carrier at the time of delivery and notify the Seller immediately.

The verification shall be deemed carried out as soon as the Customer or a person authorized by him has accepted the order without reservations.

Any reservation not made in accordance with the rules defined above and within the deadlines set cannot be taken into account and releases the Seller from any liability to the Customer.

b. Delivery error.

In the event of a delivery error or non-conformity of the products with the information on the order form, the Customer shall notify the Seller within three working days of the delivery date.

Any complaint not made within the deadline cannot be taken into account and releases the Seller from any liability to the Customer.

c. Returns and exchanges.

The product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging, according to the following modalities:

Returns by mail within 30 days of invoice date. Returns must be sent to the following address : Ruitersbaan 16, 3990 Peer. Products can only be returned if the packaging is unopened.

Any complaint and any return not made in accordance with the rules defined above and within the deadlines set cannot be taken into account and releases the Vendor from any liability to the Customer.

Any product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging.
The cost of the return shall be borne by the Customer.

8. Warranties

The Seller guarantees the conformity of the products or services with the contract in accordance with the legislation in force at the time of the conclusion of the contract.

If the Customer is a consumer, he has two years from the delivery of the product to implement the legal guarantee of conformity. Notwithstanding, if the purchased product was a second-hand good, the warranty period is one year.

The lack of conformity must be reported to the Seller as soon as possible and in any case no later than two months after the discovery of the sale.

9. Right of withdrawal

This article only applies if the customer is a consumer. In this case, the customer may exercise his statutory right of withdrawal and cancel the contract within 14 working days of delivery (taking possession) of the goods or within 14 days of conclusion of the service contract.

 

a. Return and refund.

After notification of his decision to withdraw, the Customer has 14 days to return or return the goods.

The Customer may request a refund of the returned product, at no additional cost. However, the cost of return remains the responsibility of the Customer.

The return or exchange of the product can only be accepted for the products if they are still whole, intact and in their original condition, in particular with complete, intact packaging and in a state of re-sale.

The Seller will refund to the Customer all amounts paid, including delivery costs, within 14 days of the return of the goods or the sending of the proof of shipment of the goods

b. Exceptions to the right of withdrawal.

Any revocation that is not carried out in accordance with the rules and deadlines of this article and applicable law cannot be taken into account and releases the Seller from any liability to the Customer.

If all or part of the order relates to the delivery of digital content not delivered on a tangible medium, the Customer expressly agrees that the contract may be performed immediately.

The Customer hereby acknowledges that he or she loses the right of withdrawal if the contract is performed immediately.

c. Template withdrawal form.

For the attention of:

De Hagendoorn bv
Ruitersbaan 16
3990 Peer
Company number (KBO/BTW): 0841424817
E-mail: [email protected]
Telephone: +32478823139

I/We (*) hereby notify you (*) of my/our (*) revocation of the contract regarding the good (*)/provision of the service listed below:
________________________________
________________________________
________________________________

Ordered on (*)/received on (*): __________

Name(s) of consumer(s): __________

Address(es) of consumer(s): __________

Signature of consumer(s) (only if this form is completed on paper):
____________________

Date: __________

* Delete what does not apply

10. Data Protection

The Seller will keep in its computer systems and under reasonable security conditions the evidence of the transaction, including the purchase order and the invoice.

The Seller guarantees to its Customer the protection of its personal data in accordance with the Privacy Policy available on the Platform.

11. Force Majeure

If the Seller is prevented in whole or in part from fulfilling the order due to an unforeseen circumstance beyond its control, it is a case of force majeure.

In the event of force majeure, the Seller has the right to suspend all or part of the execution of the order for the duration of the force majeure. The Seller will immediately inform the Customer of this.

If the force majeure continues for more than 90 days without interruption, either party has the right to unilaterally terminate the contract, by registered letter to the other party. The services already performed by the Seller will nevertheless be invoiced to the Customer on a pro rata basis.

12. Independence of the provisions

If one or more provisions of these General Terms of Sale are declared illegal or invalid, the remaining provisions shall remain in full force and effect.

The illegality or total or partial invalidity of any provision of these General Terms of Sale shall not affect the validity and application of the other provisions.

The Vendor reserves the right to replace the illegal or invalid provision by another valid provision with the same purpose.

13. Applicable law and competent court

These General Conditions of Sale are governed by Belgian law.

In case of dispute and failing an amicable solution, the dispute will be submitted to the courts of the judicial district of the registered office of the Vendor.


Translated with DeepL