General Terms and Conditions of HappyFarmer, located in Oirschot
Version valid from 31-08-2015
Article 1: Applicability
1.1 The website www.HappyFarmer.nl and www.HappyFarmershop.com are owned by HappyFarmer.nl, trading under the name HappyFarmer, registered at the Chamber of Commerce under trade number 63837811.
1.2 These conditions apply to all offers, deliveries and agreements by HappyFarmer.nl issued, performed or entered into unless otherwise agreed in writing.
1.3 Acceptance of a quotation and/or provision of an order expressly implies the applicability of these general terms and conditions, whereby the customer waives any applicability of its own terms and conditions. An appeal to customary law by the customer 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 changes are only binding if HappyFarmer.nl has accepted or ratified this, whether or not at writing. Without prejudice to the foregoing, a quotation shall in any case expire five working days after the date thereof.
2.3 at composite quotations do not oblige us to deliver a part for a corresponding part of the total price.
2.4 Unless otherwise agreed, prices for delivery are not free domicile.
2.5 Price quotations are always made on the basis of the prices applicable at the time of the offer and/or order and are only valid on the day of the offer. If one or more of the cost price factors increases after the date of the offer, the price will be HappyFarmer.nl is entitled to increase the offered price accordingly. However, HappyFarmer.nl inform the customer of this in writing and give the customer a time limit of 7 days to terminate the agreement in writing. If the price increase is implemented after the purchase agreement has been concluded, then HappyFarmer.nl obliged to deliver at the agreed price. If the price increases, a statutory VAT rate increase will then apply HappyFarmer.nl is entitled to increase the offered price accordingly.
2.6 Unless expressly stated otherwise, each offer is based on delivery under normal circumstances and during normal working hours.
Article 3: Payment/prices
3.1 All prices are subject to typing errors.
3.2 All prices are exclusive of shipping costs and exclusive of VAT.
3.3. Payment of the sales amount must be made at order of the product, without any appeal to suspension, compensation or deduction, unless expressly agreed otherwise.
3.4 In the event an invoice for the purchase amount is sent, a payment term of fourteen (14) days applies. After receipt of full payment, the order, or if in stock, delivery will take place.
3.5 Deviating payment agreements only apply if they are made between HappyFarmer.nl and the customer have agreed in writing.
3.6 Unless proven otherwise, the correctness of the information provided by HappyFarmer.nl prepared invoices and invoice overviews.
3.7 If the customer does not pay within the agreed payment term, he is deemed to be in default by operation of law and has HappyFarmer.nl without any notice of default the right to charge the customer for the entire amount due as well as the statutory interest, increased by 1% (one percent), from the due date of the relevant invoice. All collection costs, both judicial and extrajudicial, caused by the customer's non-payment, are for the account of 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 the execution of the agreement, if this security cannot be provided. In that case, the buyer has the choice between cash payment for the goods to be delivered, offsetting any advance payment made, and cancellation of the agreement, taking into account the provisions of article 3.10.
3.9 Payments made by the customer to HappyFarmer.nl will in all cases be used to settle the oldest outstanding item at the customer's expense, including any default interest and costs incurred thereon.
3.10 at failure to pay at the time of delivery is the responsibility of HappyFarmer.nl may not be able to proceed with the actual delivery. If and to the extent that HappyFarmer.If the customer does not proceed with delivery, he is obliged to HappyFarmer.nl the costs of transport and an amount of € 5 per day, or part of a day, until delivery takes place to cover the costs incurred HappyFarmer.nl has to pay for storage of the item(s).
Article 4: Transfer of ownership, risk and delivery
4.1 Delivery means the actual provision to the customer or persons who are at the customer's risk. The risk of the purchased items is for the customer's account from the moment of delivery to the address specified by the customer. HappyFarmer.nl is not obliged to provide any guarantee whatsoever.
4.2 Ownership of the delivered goods will only be transferred to the customer after the purchase price, possibly increased by interest and costs, has been paid. Ownership will not be transferred by the mere transfer of the goods. If the customer has not received the delivered goods but has HappyFarmer.nl transfers, uses and/or pledges items that are not fully paid for, and/or in the event of bankruptcy or suspension of payment or seizure, does not give written notice thereof to HappyFarmer.nl 5 days thereafter, the customer shall forfeit a non-mitigable fine 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. at the product in question. If the delivery time is exceeded by HappyFarmer.nl cannot be used, we will inform you of this in good time. A new agreement will then be made about the delivery time or you as a consumer have the right to terminate the agreement. Amounts already paid must be paid by HappyFarmer.nl to be refunded within 30 days after cancellation.
Article 5: Complaints, claims and warranty
5.1 If items with externally visible damage, by HappyFarmer.nl must be delivered immediately after or within 24 hours of receipt of the goods. at HappyFarmer.nl to complain. at items that are processed and/or edited by or on behalf of the buyer must be reported immediately to the buyer at the receipt of these items to convince them of their good condition. If the damage/defect is not outwardly visible, the customer must complain in writing within two weeks of receipt of the items or delivery of the work. The complaint must contain a description of the defects and/or damage found.
5.2 Minor deviations in quality, quantity, width, colours, finish, size, finishing, etc. that are considered acceptable in trade or that are technically unavoidable cannot constitute grounds for complaints, nor can colour deviations of delivered goods purchased on a sample or steel basis.
5.3 The provisions of Article 5.1 also apply to complaints regarding invoice amounts, provided that these must be submitted by registered letter with reasons within 5 working days of the invoice date. at HappyFarmer.en.
5.4 Complaints made to intermediaries or resellers in any other way, or subsequently HappyFarmer.nl, are of no value whatsoever and cannot have any legal consequences.
5.5 Any right to make a complaint shall lapse if the above-mentioned terms are not observed or if third parties carry out work on items and/or materials for HappyFarmer.nl have performed.
5.6 Complaints never give the customer the right to apply compensation or debt settlement.
5.7 Unless HappyFarmer.nl has expressly agreed to this, the customer is not allowed to return items purchased in our web shop or through our company. HappyFarmer.nl to return.
5.8 If the manufacturer of the delivered goods provides a more extensive guarantee, HappyFarmer.nl , this guarantee will also apply to the customer if the supplier decides that the complaint is justified.
5.9 Warranty provisions are only valid at the use of the delivered goods or work performed in accordance with the intended purpose. Improper handling of or insufficient care for the delivered goods excludes any complaint and voids guarantees and other warranties.
Article 6: Liability
6.1 HappyFarmer.nl is never liable for direct or indirect damage, business and/or stagnation damage, including delays in the delivery of goods, caused by defects in the goods supplied by HappyFarmer.nl delivered goods, except in the case of intent and/or gross negligence on the part of HappyFarmer.en.
6.2 HappyFarmer.nl will never be obliged to pay any compensation for damage of any nature whatsoever and for any reason whatsoever, higher than the total amount of the transaction between HappyFarmer.nl and the customer.
6.3 The customer indemnifies HappyFarmer.nl expressly disclaims all claims from third parties, including the customer's personnel, for compensation for all damage in any form whatsoever suffered by these third parties.
6.4 Any right to make a complaint shall lapse if the above-mentioned terms are not observed.
6.5 Complaints never give the customer the right to suspend the fulfillment of his obligations, or to apply compensation or debt settlement.
Article 7. Cooling-off period
7.1. After the customer has received the product ordered by him/her, the customer has the authority to terminate the underlying agreement with the customer within fourteen (14) working days after receipt of this product. HappyFarmer.nl to dissolve. The customer does not have to give a reason for this.
7.2. If the customer wishes to terminate the agreement in accordance with article 7.1 of these terms and conditions, the customer must notify the customer in writing (by e-mail or letter). HappyFarmer.nl to report. The customer must - after consultation with HappyFarmer.nl - to send to a by HappyFarmer.nl established return address. This must be done in the original, undamaged packaging. Opened packages will not be taken back; opening the package means that you wish to keep the product(s). The customer must bear the costs and risk of shipping.
7.3. If the customer has already made any payments at the time the customer enters into the agreement with HappyFarmer.nl has revoked pursuant to Article 7.1. and 7.2 of these Terms and Conditions of Sale, HappyFarmer.nl these payments within fourteen (14) working days after HappyFarmer.nl has received the product returned by the customer, refund 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 is the fault of the customer (other than that of HappyFarmer.nl or the supplier of the product) is damaged.
7.5. If a product is returned that in the opinion of HappyFarmer.nl nl has suffered damage that is attributable to an act or omission of the customer or is otherwise at the customer's risk, HappyFarmer.nl inform the customer of this in writing (by letter or e-mail). HappyFarmer.nl has the right to deduct the decrease in value of the product resulting from this damage from the amount to be refunded to the customer.
Article 8: Force Majeure/Non-attributable failure
8.1 If before or during the execution of the agreement it appears that (further) execution of the agreement is HappyFarmer.nl is not possible due to force majeure, HappyFarmer.nl the right, without being liable for any damages, to suspend the performance of the agreement or to terminate the agreement.
8.2 Force majeure shall be deemed to mean any circumstance beyond the control of HappyFarmer.nl , which prevents the normal execution of the agreement, in which weather conditions are considered in particular, but it also includes strikes, wars, molestation, fire and water damage, defects in machinery, obstruction or delay in/of the transport of materials or goods to be delivered, government measures and the consequences thereof. Force majeure is also considered to be the failure or failure to timely fulfil their obligations by the suppliers of HappyFarmer.nl and in general all other events that are within the control of HappyFarmer.nl withdraw, including disease at the staff of HappyFarmer.nl, its supplier(s) and/or third parties engaged by it.
Article 9: Dissolution
9.1 If the customer fails to meet any obligation, fails to meet it properly or fails to meet it on time, as well as in the event of bankruptcy or suspension of payment of the customer or its company, he/she is deemed to be in default by operation of law and has HappyFarmer.nl the right to suspend the performance of the agreement or to dissolve the agreement in whole or in part, without any notice of default and without judicial intervention, at its discretion, without being liable for any damages or guarantee, but without prejudice to its rights. In these cases, any claim which HappyFarmer.nl at the expense of the customer, can be cancelled immediately and at once.
9.2 If the customer cancels an order for whatever reason, he/she is liable HappyFarmer.nl , unless HappyFarmer.nl if the customer wishes to comply, he will be liable for damages of 25% of the amount at performance of the agreement should have paid, all without prejudice to the right of HappyFarmer.nl for compensation for loss of profits and damages resulting from the cancellation.
Article 10: Disputes
The judicial authorities in the district of East Brabant, Eindhoven, are at exclusion authorized to take cognizance of between HappyFarmer.nl and its customers existing disputes.
Article 11: Applicable law
Dutch law applies to all offers and agreements by HappyFarmer.nl done or entered into.
Article 12: Final provision
If any provision of these terms and conditions is void or annulled, the other provisions of these terms and conditions will remain in full force and effect. HappyFarmer.nl and the customer will enter into consultation in order to agree on new provisions to replace the void or annulled provisions, whereby the purpose and scope of the void or annulled provision will be taken into account as much as possible.
HappyFarmer.en
Lieveld 6
5688 HZ Oirschot
KVK: 63837811
info@happyfarmer.nl
0031 (0) 499 - 219 249