General sales and delivery conditions Mr. Higgins version 2017
1. Definitions Mr. Higgins: Mr. Higgins B.V., established in (2407 BD) Alphen aan den Rijn at Steekterweg 33, registered with the Chamber of Commerce under number: 28089872. Consumer: natural person who is not acting in the exercise of a profession or business and who wants to buy products and/or services from Mr. Higgins declines. Business customer: the legal entity, company or natural person acting in the exercise of a profession or business and who receives products and/or services from Mr. Higgins declines. Customer: consumer and/or business customer. Products: goods for sale of which the customer commits to Mr. Higgins connects. Services: service provided by Mr. Higgins at the customer’s behest, including installation, repair and maintenance whether or not in relation to services provided by the customer to Mr. Higgins. Higgins bought products. Agreement: any agreement made between Mr. Higgins and the customer, as well as any amendment or supplement to an agreement. Force majeure: all external causes, foreseen or unforeseen, upon which Mr. Higgins cannot exercise any influence but which does not reasonably require Mr. Higgins to fulfil his obligations. Higgins can be expected, such as, but not limited to, natural disasters, strikes, war, supplier failures, supplier insolvency, defective customer information or government intervention.
2. Applicability of the general terms and conditions
2.1. These general terms and conditions shall apply to all offers, quotations and agreements for the sale of products and/or services by Mr. Higgins to the customer in any way expressed.
2.2. Any deviation or modification of these general terms and conditions must be agreed in writing.
2.3. Mr. Higgins is entitled to amend and/or supplement the general terms and conditions.
2.4. Should any provision of these general terms and conditions prove to be null and void or be annulled, such nullity/annihilation shall not affect the validity of the remaining provisions.
3. Offers, conclusion of agreement
3.1. All by Mr. Offers, quotations and quotations made by Higgins in any form are without obligation.
3.2. Offers and quotations are valid for 14 days from the date of the quotation.
3.3. Customers are required to indicate whether they are business customers or consumers.
3.4. The agreement is established by written confirmation of the agreement by Mr. Higgins or by actual performance of the agreement by Mr. Higgins. Higgins.
4.1. Delivery deadlines are indicative and do not constitute deadlines. In the event of late delivery, Mr. Higgins must be given notice of default, giving it a reasonable time to comply.
4.2. Delivery can, if possible, take place in parts, whereby each partial delivery counts as a separate delivery and can be charged separately.
4.3. If Mr. Higgins is prevented by force majeure from performing the agreement in whole or in part, Mr. Higgins is entitled to terminate the agreement without judicial intervention, in which case Mr. Higgins retains the right to receive compensation for deliveries or performances already made. Performances and/or deliveries already made do not need to be undone.
4.4. The risk relating to the products passes at the time of delivery. The place of delivery is the establishment from which the products are sold.
4.5. Products are subject to retention of title. Ownership does not pass to the customer until the customer has fulfilled all his obligations towards Mr.J. Higgins from any legal relationship whatsoever. If Mr. Higgins, invoking its retention of title, takes back products, the customer remains liable for the fulfilment of his financial obligations towards Mr. Higgins. Higgins, as well as for compensation to Mr. Higgins suffers as a result of the depreciation of the repossessed products.
4.6. As long as the price has not been paid and the retention of title rests on the products, the customer is obliged to treat the products as the property of Mr. Higgins to remain recognisable.
5.1. The customer is obliged to pay the agreed price. The price does not include transport and insurance costs for transporting the product to the customer’s delivery address, if any. Mr. Higgins is entitled to invoice the products and services separately, even in the case of partial deliveries. In the event of an increase in cost price factors, Mr. Higgins is entitled to increase the agreed price at any time. If the customer is a consumer, the price increase does not take place within 3 months of the conclusion of the agreement. In case of unforeseen price changes resulting from changed government policies (e.g. increase in taxes such as VAT), Mr. Higgins shall be entitled to pass on the change immediately.
5.2. The price is in euros and is payable by the customer by prepayment of at least 50% at the time of order confirmation by Mr. Higgins, unless otherwise agreed in writing.
5.3. Mr. Higgins is entitled to charge separately for additional work resulting from incorrect information provided by the customer.
5.3. If the customer fails to fulfil his payment obligations, Mr. Higgins is entitled, without judicial intervention and without notice of default, to terminate the agreement and to suspend the delivery of products and services until full payment of all outstanding claims of Mr. Higgins. Higgins on the client took place. In the event of dissolution, Mr. Higgins and the customer cannot claim any undoing of services already rendered, and Mr. Higgins has no right of withdrawal. Higgins is entitled to compensation for all damages she suffers.
5.4. If the customer meets his payment obligations towards Mr. Higgins fails to comply, all the customer’s obligations to Mr. Higgins shall be null and void. Higgins immediately and without the need for further notice. In that case, the customer shall owe the statutory (commercial) interest on the outstanding claims. Also, the client is to Mr. Higgins shall owe the extrajudicial collection costs. All in accordance with legal provisions.
5.5. Business customers should submit invoices from Mr. Higgins without right of set-off, suspension or compensation.
6. Complaints and warranty
6.1. The customer is obliged to carefully inspect and check the products immediately upon receipt. Deviations that are immediately visible, such as the appearance of the goods sold and the quantity, must be reported in writing to Mr. P. immediately, but no later than 7 days after delivery. Higgins, under penalty of forfeiture of claims. Any other complaints should be reported to Mr. Higgins, all under penalty of forfeiture of claims. The parties are aware that the products are made from natural products and may therefore vary in colour and evenness. Such deviations do not lead to non-conformity of the product.
6.2. In case of non-conformity, Mr. Higgins is only obliged to repair or redeliver the non-conforming products. Mr. Higgins is not liable for any further compensation.
6.3. With regard to the corporate client, Mr. Higgins the conformity of its products for a period of 6 months after delivery, after which any claim for non-conformity shall lapse.
6.4. The warranty will lapse if the customer causes or commits maintenance or modifications to the product by third parties or himself without prior consent from Mr. Higgins, or if the defect is the result of external damage or calamity not attributable to Mr. Higgins. Higgins is to blame.
7.1. Mr. Higgins shall use its best endeavours to carry out the assignment assigned to it to the best of its ability. On Mr. Higgins is expressly under an obligation of effort in respect of services and not an obligation of result..
7.2. Mr. Higgins shall at all times be entitled to have (partial) work carried out by third parties.
8.1. Mr. Higgins has liability insurance. Any liability of Mr. Higgins – on any grounds whatsoever (including on the grounds of culpable failure, obligations of undoing, undue payment, unjust enrichment or tort) – shall be limited to the amount paid by Mr. Higgins’ liability insurer in any given case. Higgins is paid out. If the insurer does not pay out for whatever reason, liability is limited to the invoice amount corresponding to the product delivered to the customer, or the service performed for the customer.
8.2. Any liability for consequential damage, loss of profit, business interruption and loss is excluded.
8.3. The last sentence of Article 8.1. does not apply if the customer is a consumer.
9. Applicable law and disputes
9.1. Any relationship between the parties – both contractual and non-contractual – shall be governed by Dutch law, excluding the operation of the Vienna Sales Convention.
9.2. The relevant court of the District Court of The Hague shall have exclusive jurisdiction in respect of all disputes.
II SPECIFIC CONDITIONS CONSUMERS
In addition to the general provisions of Section I, the following additional provisions apply to consumers.
10. Warranty and returns
10.1. In addition to Article 6, which applies mutatis mutandis, a warranty period of two years applies to products sold. This guarantee period does not affect the legal rights of consumers.
10.2. The warranty covers only communications and warranty certificates from Mr. Higgins and not on third-party notices and warranties.
10.3. In the event of proven non-conformity, Mr. Higgins is only obliged to repair or redeliver the non-conforming product If the value of repair or redelivery exceeds the value of the product, Mr. Higgins is entitled to refund the price up to the value of the non-conforming product minus a “new-for-old” allowance in case of use.
10.4. Returns only apply to products purchased from Mr. Higgins were bought. In case of return, the customer must present the original receipt and deliver the product undamaged. Excluded from return are specially ordered, customised or tuned products..
10.5. No guarantee is given on services.
11. Applicable law and disputes
11.1. On agreements between Mr. Higgins and the consumer shall be governed by Dutch law on the understanding that mandatory consumer law of the consumer’s place of residence shall prevail, provided that such consumer law overrides Dutch law.
11.2. With regard to disputes between Mr. Higgins and a consumer, the court in the consumer’s domicile or actual residence shall also have jurisdiction.
III SPECIFIC TERMS AND CONDITIONS OF ONLINE SALES AND SERVICES
In addition to the general provisions of Sections I and II, the following additional provisions apply to online contracts with consumers.
12. Scope of application
12.1. This section applies to all online sales and services of Mr. Higgins to customers via Mr. Higgins’ website. Higgins or purely by e-mail.
12.2. This section applies to consumers only.
13.1. The images of products only aim to provide a generic image of the products and do not guarantee the actual products to be delivered. The customer cannot derive any rights from such images.
13.2. Prior to the conclusion of the agreement, Mr. Higgins to the consumer information about the product and the contract, such as the type, quantity, price, cost of delivery, the possibility of termination, the method of contract formation and the period of acceptance for offers and – in the case of services – the duration of the contract.
13.3. As the visiting address of Mr. Higgins within the meaning of the Act for online sales and services is Steekterweg 33 (2407 BD) in Alphen aan den Rijn.
13.4. Consumers can pay by credit card, iDeal or any other medium that allows advance payment The product or service will not be delivered until payment has been received by Mr. Higgins received.
14. Right of withdrawal
14.1. For fourteen (14) days after receiving the product, the consumer has the right to dissolve the agreement, with Mr. Higgins may seek written confirmation of the termination. For services rendered, the consumer will owe the reasonable wage in that case.
14.2. No right to redelivery exists in the following cases:
a. The product was created in accordance with the consumer’s specifications;
b. The product is personal in nature;;
c. Due to its nature, the product cannot be returned;
d. The product is obsolete or damaged by the consumer;
14.3. In case of dissolution, the consumer is obliged to return the product. In such a case, the purchase price will be refunded to him after the rescission declaration Mr. Higgins, less any transport costs if not borne by the consumer. The repayment obligation has no deadline. Mr. In such a case, Higgins shall not be in default until the consumer has given it notice of default and a period of at least 14 days for compliance. The return address shall be the one specified in Article 14.3. said address.
14.5. In the case of the provision of services, the contract cannot be rescinded if Mr. Higgins or third parties engaged by it has commenced service.
15.1. The warranty provisions of Articles 6 and 10 shall apply accordingly including the right of complaint mentioned therein.
16. Suspension Mr. Higgins and consumer complaint duty
16.1. If the consumer is in breach of his obligations to Mr. Higgins falls short, Mr. Higgins is entitled, without prior notice, to suspend the performance of its obligations without Mr. Higgins. Higgins becomes liable to the consumer for damages