General Terms and Conditions of HappyFarmer, established in Oirschot
Version valid from 31-08-2015
Article 1: Applicability
1.1 The websites www.HappyFarmer.nl and www.HappyFarmershop.com are owned by HappyFarmer.nl, trading under the name HappyFarmer, registered with the Chamber of Commerce under registration number 66117720.
1.2 These terms and conditions apply to all offers, deliveries and agreements issued, executed or entered into by HappyFarmer.nl, unless otherwise agreed in writing.
1.3 Acceptance of a quotation and/or placement of an order expressly implies acceptance of these general terms and conditions, whereby the customer waives any applicability of their own terms and conditions. Any appeal by the customer to customary law is not permitted.
Article 2: Offers
2.1 All offers from HappyFarmer.nl are without obligation unless expressly stated otherwise in writing.
2.2 Orders and modifications are only binding once HappyFarmer.nl has accepted or confirmed them, whether in writing or otherwise. Notwithstanding the foregoing, a quotation shall in any case lapse five working days after its date.
2.3 In the case of composite price quotations, there is no obligation to deliver a part thereof at a corresponding portion of the total price.
2.4 Unless otherwise agreed, prices are for delivery not carriage paid to the customer's address.
2.5 Price quotations are always made on the basis of prices applicable at the time of the offer and/or order and are valid only on the day of the offer. If, after the date of the offer, one or more cost factors increase, HappyFarmer.nl is entitled to increase the offered price accordingly. However, HappyFarmer.nl will notify the customer in writing and give the customer a time limit of 7 days to dissolve the agreement in writing. If the price increase is implemented after the purchase agreement has been concluded, HappyFarmer.nl is obliged to deliver at the agreed price. If the price is increased by means of a statutory VAT rate increase, HappyFarmer.nl is entitled to increase the offered price accordingly.
2.6 Each offer is, unless expressly stated otherwise, based on delivery under normal circumstances and during normal working hours.
Article 3: Payment/Prices
3.1 All prices are subject to typographical errors.
3.2 All prices are exclusive of shipping costs and exclusive of VAT.
3.3 Payment of the purchase amount must be made upon ordering the product, without any right of suspension, set-off or deduction, unless expressly agreed otherwise.
3.4 In the event that an invoice for the purchase amount is sent, a payment term of fourteen (14) days applies. Upon receipt of full payment, the order will be processed, or, if in stock, delivered.
3.5 Deviating payment arrangements are only valid if they have been agreed in writing between HappyFarmer.nl and the customer.
3.6 Unless proven otherwise, the correctness of invoices and invoice statements drawn up by HappyFarmer.nl must be assumed.
3.7 If the customer does not pay within the agreed payment term, the customer shall be deemed to be in default by operation of law, and HappyFarmer.nl shall have the right, without any notice of default, to charge the customer the statutory interest plus 1% (one percent) on the entire amount due from the due date of the relevant invoice. All collection costs, both judicial and extrajudicial, caused by non-payment by the customer, shall be borne by the customer. The extrajudicial collection costs amount to 15% (fifteen percent) of the principal sum with a minimum of € 150.-.
3.8 HappyFarmer.nl is at all times, regardless of the agreed payment conditions, entitled to demand sufficient security for payment and to suspend performance of the agreement if such security cannot be provided. In that case, the buyer may choose between cash payment for the goods to be delivered, offset against any advance payment made, and cancellation of the agreement, subject to the provisions of article 3.10.
3.9 Payments made by the customer to HappyFarmer.nl shall in all cases be applied to settle the oldest outstanding item charged to the customer, including any accrued late payment interest and costs.
3.10 In the event of non-payment at the time of delivery, HappyFarmer.nl may choose not to proceed with actual delivery. If and to the extent that HappyFarmer.nl does not proceed with delivery, the customer shall be obliged to pay HappyFarmer.nl the transport costs and an amount of € 5.- per day, or part of a day, until delivery takes place, as compensation for the costs incurred by HappyFarmer.nl for storage of the goods.
Article 4: Transfer of Ownership, Risk and Delivery
4.1 Delivery is understood to mean the actual making available to the customer or persons within the customer's sphere of risk. The risk of the purchased goods shall be borne by the customer from the moment of delivery to the address specified by the customer. HappyFarmer.nl is not liable for any indemnification whatsoever.
4.2 Ownership of the delivered goods shall only transfer to the customer once the purchase price, possibly increased by interest and costs, has been paid in full. Ownership does not transfer by mere transfer of the goods. If the customer transfers, lends and/or pledges goods that have been delivered but not fully paid for to HappyFarmer.nl, and/or in the event of the customer's bankruptcy or suspension of payments, or attachment, and does not notify HappyFarmer.nl thereof in writing within 5 days thereafter, the customer shall forfeit a penalty, not subject to moderation, of at least three times the unpaid amount.
4.3 The maximum delivery time for distance purchases is 30 days. If a product has a longer delivery time, this will be expressly stated by us on the relevant product page. If HappyFarmer.nl is unable to meet the delivery time, we will notify you in a timely manner. A new delivery time agreement will then be made, or you as the consumer shall have the right to dissolve the agreement. Any amounts already paid must be refunded by HappyFarmer.nl within 30 days after dissolution.
Article 5: Claims, Complaints and Warranty
5.1 If goods with visibly external damage are delivered by HappyFarmer.nl, the customer must file a complaint with HappyFarmer.nl immediately afterwards or within 24 hours of receipt of the goods. For goods that are processed and/or worked on by or on behalf of the buyer, the buyer must immediately upon receipt of those goods verify their good condition. If the damage/defect is not externally visible, the customer must file a written complaint within two weeks of receipt of the goods or completion of the work. The complaint must include a description of the observed defects and/or damage.
5.2 Minor deviations in quality, quantity, width, colours, finish, size, workmanship, etc., considered acceptable in trade or technically unavoidable, shall not give rise to complaints, nor shall colour deviations of goods purchased based on a sample or specimen.
5.3 The provisions of article 5.1 also apply to complaints regarding invoice amounts, provided that these must be submitted to HappyFarmer.nl within 5 working days of the invoice date by means of a registered and substantiated letter.
5.4 Complaints made in any other manner to intermediaries or resellers, or that reach HappyFarmer.nl later, are of no value whatsoever and cannot have any legal effect.
5.5 Any right of complaint lapses if the above-mentioned terms are not observed, as well as if third parties have carried out work on goods and/or materials for HappyFarmer.nl.
5.6 Complaints shall never entitle the customer to apply set-off or debt comparison.
5.7 Unless HappyFarmer.nl has expressly agreed thereto, the customer is not free to return goods purchased in our webshop or through our company to HappyFarmer.nl.
5.8 If a more extensive warranty is provided to HappyFarmer.nl by the manufacturer of the delivered goods, this warranty shall also apply to the customer, if the supplier decides that the complaint is justified.
5.9 Warranty provisions are only valid when the delivered goods or completed work are used in accordance with their intended purpose. Improper handling of or insufficient care for the delivered goods shall exclude any complaint and shall cause warranties and other guarantees to lapse.
Article 6: Liability
6.1 HappyFarmer.nl is never liable for directly or indirectly suffered damage, business and/or stagnation damage, including delays in the delivery of goods, arising from defects in goods delivered by HappyFarmer.nl, except in the case of intent and/or gross negligence on the part of HappyFarmer.nl.
6.2 HappyFarmer.nl shall never be obliged to pay any compensation for damage of any nature and caused by any reason, exceeding the total amount of the transaction between HappyFarmer.nl and the customer.
6.3 The customer expressly indemnifies HappyFarmer.nl against all claims from third parties, including the customer's staff, for compensation for all damage in whatever form suffered by these third parties.
6.4 Any right of complaint lapses if the above-mentioned terms are not observed.
6.5 Complaints shall never entitle the customer to suspend the fulfilment of their obligations, or to apply set-off or debt comparison.
Article 7: Cooling-Off Period
7.1 After the customer has received the product ordered by them, the customer has the right to dissolve the underlying agreement with HappyFarmer.nl within fourteen (14) working days of receipt of the product. The customer does not need to give any reason for this.
7.2 If the customer wishes to dissolve the agreement pursuant to article 7.1 of these terms and conditions, the customer must notify HappyFarmer.nl of this in writing (by e-mail or letter). The customer must send the product — after consultation with HappyFarmer.nl — to a return address designated by HappyFarmer.nl. This must be done in the original, undamaged packaging. Opened packaging will not be accepted for return; opening the packaging means that you wish to keep the product(s). The customer must bear the costs and risk of shipping themselves.
7.3 If the customer has already made any payments at the time the customer has revoked the agreement with HappyFarmer.nl pursuant to articles 7.1 and 7.2 of these Terms and Conditions, HappyFarmer.nl will refund these payments to the customer within fourteen (14) working days after HappyFarmer.nl has received the product returned by the customer.
7.4 HappyFarmer.nl reserves the right to refuse returned products or to credit only a portion of the amount already paid, if there is a suspicion that the product has already been opened, used or damaged through the fault of the customer (other than that of HappyFarmer.nl or the supplier of the product).
7.5 If a product is returned that in the opinion of HappyFarmer.nl has suffered damage attributable to an act or omission of the customer or otherwise at the customer's risk, HappyFarmer.nl will notify the customer of this in writing (by letter or e-mail). HappyFarmer.nl has the right to withhold the depreciation in value of the product as a result of this damage from the amount to be refunded to the customer.
Article 8: Force Majeure/Non-Attributable Failure
8.1 If it becomes apparent before or during the execution of the agreement that (further) execution of the agreement is not possible for HappyFarmer.nl as a result of force majeure, HappyFarmer.nl has the right, without being liable for any compensation, to suspend the execution of the agreement or to dissolve the agreement.
8.2 Force majeure shall include any circumstance beyond the control of HappyFarmer.nl that prevents normal execution of the agreement, including in particular weather conditions, but also including at least strikes, wars, civil disturbances, fire and water damage, machinery defects, obstruction or delay in/of the transport of materials or goods to be delivered, government measures and their consequences. Force majeure shall also include the failure or late failure of HappyFarmer.nl's suppliers to fulfil their obligations, and in general all other events beyond the control of HappyFarmer.nl, including illness among the staff of HappyFarmer.nl, its supplier(s) and/or third parties to be engaged by it.
Article 9: Dissolution
9.1 If the customer fails to fulfil, fails to properly fulfil, or fails to timely fulfil any obligation, as well as in the event of the customer's or their company's bankruptcy or suspension of payments, the customer shall be deemed to be in default by operation of law, and HappyFarmer.nl shall have the right, without any notice of default and without judicial intervention, to suspend the execution of the agreement or to dissolve the agreement in whole or in part, at its discretion, without being liable for any compensation or warranty, but without prejudice to the rights accruing to it. In such cases, any claim that HappyFarmer.nl has or acquires against the customer shall be immediately and fully due and payable.
9.2 If the customer cancels a placed order, for whatever reason, the customer shall owe HappyFarmer.nl, unless HappyFarmer.nl wishes performance, compensation of 25% of what the customer would have had to pay upon execution of the agreement, all without prejudice to HappyFarmer.nl's right to compensation for loss of profit and damage arising from the cancellation.
Article 10: Disputes
The courts in the district of Oost Brabant, Eindhoven, shall have exclusive jurisdiction to hear disputes between HappyFarmer.nl and its customers.
Article 11: Applicable Law
Dutch law applies to all offers and agreements made or entered into by HappyFarmer.nl.
Article 12: Final Provision
If any provision of these general terms and conditions is null and void or is annulled, the remaining provisions of these general terms and conditions shall remain fully in force, and HappyFarmer.nl and the customer shall enter into consultation in order to agree on new provisions to replace the null and void or annulled provisions, taking into account as much as possible the purpose and intent of the null and void or annulled provision.
HappyFarmer.nl
Lieveld 6
5688 HZ Oirschot
Chamber of Commerce: 66117720
info@happyfarmer.nl
0031 (0) 499 - 219 249