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, operating under the name HappyFarmer, registered at with the Chamber of Commerce under trade number 63837811.
1.2 These terms and conditions apply to all offers, deliveries, and agreements made, executed, or entered into by HappyFarmer.nl unless otherwise agreed in writing.
1.3 Acceptance of an offer and/or provision of an assignment explicitly implies the applicability of these general terms and conditions, whereby the customer waives any applicability of their own terms. A claim made by the customer based on customary law is not permitted.
Article 2: Offers
2.1 All offers from HappyFarmer.nl are non-binding unless explicitly stated otherwise in writing.
2.2 Assignments and changes are only binding if HappyFarmer.nl has accepted or confirmed them, whether or not in writing at. Notwithstanding the above, an offer will expire in any case after five working days from its date.
2.3 For composite price quotations, there is no obligation to deliver a part against a corresponding portion of the total price.
2.4 Unless otherwise agreed, prices for delivery are ex-works.
2.5 Price quotations are always made based on the prices applicable at the time of the offer and/or assignment and are valid only on the day of the offer. If one or more cost price factors increase after the date of the offer, HappyFarmer.nl is entitled to increase the offered price accordingly. However, HappyFarmer.nl will inform the customer 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 is obliged to deliver at the agreed price. If the price is increased due to a statutory VAT rate increase, then HappyFarmer.nl is entitled to increase the offered price accordingly.
2.6 Each offer is, unless explicitly stated otherwise, based on delivery under normal conditions 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 sales amount must be made at upon ordering the product, without any right to suspension, compensation, 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 the full payment, the order will be processed or, if in stock, delivery will take place.
3.5 Deviating payment agreements only apply if they have been agreed in writing between HappyFarmer.nl and the customer.
3.6 Unless proven otherwise, the correctness of the invoices and invoice overviews prepared by HappyFarmer.nl must be assumed.
3.7 If the customer does not pay within the agreed payment term, they are deemed to be in default by operation of law, and HappyFarmer.nl has the right, without any notice of default, to charge the customer the entire amount due as well as the statutory interest, increased by 1% (one percent), from the due date of the respective invoice. All collection costs, both judicial and extrajudicial, caused by the customer's non-payment, are the responsibility of the customer. The extrajudicial collection costs amount to 15% (fifteen percent) of the principal amount 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 performance 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 with a settlement of any advance paid, and cancellation of the agreement, taking into account what is stated in article 3.10.
3.9 Payments made by the customer to HappyFarmer.nl will in all cases be applied to settle the oldest outstanding item charged to the customer, including any late interest and costs incurred.
3.10 at if payment is not made at the time of delivery, it is possible for HappyFarmer.nl not to proceed with the actual delivery. If and to the extent that HappyFarmer.nl does not proceed with delivery, the customer is obliged to pay HappyFarmer.nl the transportation costs and an amount of €5,- per day, or part of a day, until delivery takes place as compensation for the costs that HappyFarmer.nl incurs due to the storage of the item/items.
Article 4: Transfer of ownership, risk, and delivery
4.1 Delivery is understood to mean the actual provision to the customer or persons who fall within the customer's risk sphere. The risk of the purchased goods is borne by the customer from the moment of delivery to the address specified by the customer. HappyFarmer.nl is not liable for any indemnity, however named.
4.2 The ownership of the delivered goods only transfers to the customer after the purchase price, possibly increased with interest and costs, has been paid. Ownership does not transfer merely by the transfer of the goods. If the customer transfers the delivered goods that have not been fully paid for to HappyFarmer.nl, uses them and/or gives them as collateral, and/or in the event of his bankruptcy or suspension of payment, or seizure, does not notify HappyFarmer.nl in writing within 5 days thereafter, the customer forfeits a non-negotiable penalty of at least three times the unpaid amount.
4.3 The maximum delivery time for distance selling is 30 days. If a product has a longer delivery time, this will be expressly indicated by us at regarding the product in question. If the delivery time cannot be adhered to by HappyFarmer.nl, we will inform you in a timely manner. A new agreement will then be made regarding the delivery time, or you, as a consumer, have the right to dissolve the agreement. Amounts already paid must be refunded by HappyFarmer.nl within 30 days after dissolution.
Article 5: Complaints, grievances, and warranty
5.1 If goods with visibly apparent damage are delivered by HappyFarmer.nl, the customer must immediately or within 24 hours after receipt of the goods at file a complaint with HappyFarmer.nl. at Goods that are processed or modified by or on behalf of the buyer must be checked by the buyer immediately upon receipt for their good condition. If the damage/defect is not visibly apparent, the customer must file a written complaint within two weeks after receipt of the goods or completion of the work. The complaint must include a description of the identified defects and/or damage.
5.2 Minor deviations in quality, quantity, width, colors, finish, size, workmanship, etc., that are considered acceptable in trade or technically unavoidable, cannot be grounds for complaints, nor color deviations of delivered goods purchased based on samples or models.
5.3 The provisions in article 5.1 also apply to complaints regarding invoice amounts, provided that these are submitted within 5 working days after the invoice date by registered and reasoned letter at HappyFarmer.nl.
5.4 Complaints made to intermediaries or resellers in any other way, or later submitted to HappyFarmer.nl, are of no value and can have no legal consequences.
5.5 Any right to complain expires if the above-mentioned deadlines are not observed, as well as if third parties have performed work on goods and/or materials for HappyFarmer.nl.
5.6 Complaints never give the customer the right to apply compensation or set-off.
5.7 Unless HappyFarmer.nl has expressly agreed to this, the customer is not free to return goods purchased in our online store or through our company to HappyFarmer.nl.
5.8 If the manufacturer of the delivered goods provides a further guarantee to HappyFarmer.nl, this guarantee will also apply to the customer, provided the supplier decides that the complaint is justified.
5.9 Warranty provisions only apply at to the use of the delivered goods or performed work corresponding to 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 suffered, business and/or stagnation damage, including delays in the delivery of goods, arising from defects in the goods supplied by HappyFarmer.nl, except in cases of intent and/or gross negligence on the part of HappyFarmer.nl.
6.2 HappyFarmer.nl will never be obliged to compensate for any damage of any kind and for any cause, higher than 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 personnel, for compensation of all damage of any kind suffered by these third parties.
6.4 Any right of complaint expires if the aforementioned deadlines are not observed.
6.5 Complaints never give the customer the right to suspend the fulfillment of his obligations, apply compensation or set-off.
Article 7: Cooling-off period
7.1. After the customer has received the product ordered by him/her, the customer has the right to dissolve the underlying agreement with HappyFarmer.nl within fourteen (14) working days after receiving this product. The customer does not need to provide a reason for this.
7.2. If the customer wishes to terminate the agreement pursuant to Article 7.1 of these terms, the customer must notify HappyFarmer.nl in writing (via email or letter). The customer must send the product - after consultation with HappyFarmer.nl - to a return address established by HappyFarmer.nl. This must be done in the original, undamaged packaging. Opened packages will not be accepted; opening the packaging means that you wish to keep the product/products. The customer must bear the costs and risks of shipping themselves.
7.3. If the customer has already made any payments at the time the customer revokes the agreement with HappyFarmer.nl pursuant to Articles 7.1 and 7.2 of these Purchase Terms, 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 only credit part of the amount already paid if there is suspicion that the product has already been opened, used, or damaged due to 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 incurred damage attributable to an act or negligence of the customer or otherwise falls under the risk of the customer, HappyFarmer.nl will notify the customer of this in writing (via letter or email). HappyFarmer.nl has the right to deduct the depreciation of the product due to this damage from the amount to be refunded to the customer.
Article 8: Force Majeure/Non-Attributable Default
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 due to force majeure, HappyFarmer.nl has the right, without being obliged to provide 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, which prevents the normal execution of the agreement, particularly including weather conditions, but also includes strikes, wars, riots, fire and water damage, defects in machinery, hindrance or delay in/from the transport of materials or goods to be delivered, measures taken by the government as well as the consequences thereof. Also considered as force majeure is the failure or late fulfillment of obligations by the suppliers of HappyFarmer.nl and, in general, all other events that are beyond the control of HappyFarmer.nl, including illness at of the staff of HappyFarmer.nl, its supplier(s), and/or third parties engaged by it.
Article 9: Dissolution
9.1 If the customer does not fulfill any obligation, or does not do so properly or in a timely manner, as well as in the event of bankruptcy or suspension of payments of the customer or their business, they are deemed to be in default by operation of law and HappyFarmer.nl has the right, without any notice of default and without judicial intervention, to suspend the performance of the agreement or to dissolve the agreement in whole or in part, at its discretion, without being obliged to provide any compensation or guarantee, without prejudice to the rights to which it is entitled. In these cases, any claim that HappyFarmer.nl has or will have against the customer is immediately and entirely terminable.
9.2 If the customer cancels a given assignment, for whatever reason, they owe HappyFarmer.nl, unless HappyFarmer.nl wishes to fulfill the contract, a compensation of 25% of what the customer at would have had to pay for the performance of the agreement, all without prejudice to the right of HappyFarmer.nl for compensation for loss of profit and damage arising from the cancellation.
Article 10: Disputes
The judicial authorities in the district of East Brabant, Eindhoven, are exclusively competent to take cognizance of 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 in full force and effect, and HappyFarmer.nl and the customer will consult to agree on new provisions to replace the null and/or annulled provisions, taking into account as much as possible the purpose and intent of the null and/or annulled provision.
HappyFarmer.nl
Lieveld 6
5688 HZ Oirschot
Chamber of Commerce: 63837811
info@happyfarmer.nl
0031 (0) 499 - 219 249