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 the property of HappyFarmer.nl, trading under the name HappyFarmer, signed up at the Chamber of Commerce under trade number 63837811.
1.2 These conditions apply to all offers, deliveries and agreements by HappyFarmer.nl released, executed 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 his own terms and conditions. An appeal to customary law made 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 will in any case expire after five working days after its date.
2.3 at composite quotations, there is no obligation to deliver a portion for a corresponding part of the total price.
2.4 Unless otherwise agreed, the prices for delivery are free of charge.
2.5 Quotes 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 undergoes an increase after the date of offer HappyFarmer.nl is entitled to increase the offered price accordingly. However, will HappyFarmer.nl will 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 is obliged to deliver at the agreed price. If the price is increased by means of a statutory VAT rate increase, then this is the case HappyFarmer.nl is entitled to increase the offered price accordingly.
2.6 Unless expressly stated otherwise, every offer is 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 VAT.
3.3. Payment of the sales amount must be made at ordering the product, without any recourse to suspension, compensation or deduction, unless expressly agreed otherwise.
3.4 If an invoice for the purchase amount is sent, a payment term of fourteen (14) days applies. After receipt of full payment, order, or if in stock, delivery will take place.
3.5 Deviating payment agreements only apply if they occur between HappyFarmer.nl and the customer have agreed in writing.
3.6 Unless there is proof to the contrary, the accuracy of the information provided by HappyFarmer.nl 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, has the right to charge the customer for the entire amount due as well as the statutory interest, plus 1% (one percent), from the due date of the invoice in question. All collection costs, both judicial and extrajudicial, caused by non-payment by the customer will be borne by 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 require sufficient security for payment and to discontinue the execution of the agreement if this security cannot be provided. In that case, the buyer has the choice between cash payment of the goods to be delivered, after settlement of any advance paid, and cancellation of the agreement, in accordance with the provisions of Article 3.10.
3.9 Payments made by the customer HappyFarmer.nl will in all cases be used to settle the oldest outstanding item at the expense of the customer, including the default interest and costs incurred.
3.10 at failure to pay at the time of delivery is the fore HappyFarmer.nl may not be able to proceed with the actual delivery. If and to the extent that HappyFarmer.nl does not proceed with delivery, the customer 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 compensate for the costs incurred HappyFarmer.nl has to pay due to storage of the item(s).
Article 4: Transfer of ownership, risk and delivery
4.1 Delivery means the actual making available to the customer or persons within the customer's sphere of risk. 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 obliged to provide any indemnification, however named.
4.2 Ownership of the delivered goods is only transferred to the customer after the purchase price, possibly increased with interest and costs, has been paid. Ownership is not transferred simply by transferring the goods. If the customer receives the delivered goods, he will do so HappyFarmer.nl transfers, uses and/or pledges items that have not been paid for in full, and/or in the event of its bankruptcy, suspension of payments, or seizure, does not report this in writing to HappyFarmer.nl 5 days later, the customer will forfeit a non-negotiable fine of at least three times the unpaid amount.
4.3 The maximum delivery time for distance purchasing is 30 days. If there is a longer delivery time for a product, this will be expressly stated by us at the product in question is indicated. If the delivery time continues HappyFarmer.nl cannot be used, we will inform you of this in a timely manner. 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 passed on HappyFarmer.nl must be refunded within 30 days after cancellation.
Article 5: Complaints, complaints and warranty
5.1 If items with externally visible damage, by HappyFarmer.nl must be delivered to the customer immediately afterwards or within 24 hours of receipt of the goods at HappyFarmer.nl to complain. at goods that are processed and/or processed by or on behalf of the buyer himself, the buyer must immediately notify at to convince the receipt of these items of the good condition of this. If the damage/defect is not externally visible, the customer must submit a written complaint within two weeks of receipt of the goods or delivery of the work. The complaint must include a description of the defects and/or damage found.
5.2 Minor deviations that are considered commercially acceptable or technically unavoidable deviations in quality, quantity, width, colours, finish, size, finish, etc. cannot constitute grounds for complaints, nor can color deviations of delivered goods purchased on steel or sample.
5.3 The provisions of Article 5.1 also apply to complaints on invoice amounts, although these must be submitted by registered and substantiated letter within 5 working days after the invoice date. at HappyFarmer.NL.
5.4 Complaints made to intermediaries or resellers in any other way, or later until HappyFarmer.nl are of no value and cannot produce any legal consequences.
5.5 Any right of complaint lapses if the above periods are not observed and if third parties carry out work on goods and/or materials for HappyFarmer.nl have done.
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 free to return items purchased in our online store or through our company. HappyFarmer.nl to return.
5.8 If the manufacturer of the delivered goods provides a more extensive warranty HappyFarmer.nl, this warranty 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 carried out in accordance with the intended purpose. Improper handling or insufficient care of the delivered goods excludes any complaint and voids guarantees and other guarantees.
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 HappyFarmer.nl delivered goods, except in the case of intent and/or gross negligence on the part of HappyFarmer.NL.
6.2 HappyFarmer.nl will never be obliged to pay any compensation for damage of any nature whatsoever and for whatever reason, exceeding the total amount of the transaction between HappyFarmer.nl and the customer.
6.3 The customer indemnifies HappyFarmer.nl expressly 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 periods are not observed.
6.5 Complaints never give the customer the right to suspend fulfillment of his obligations, to apply compensation or set off debts.
Article 7. Cooling-off period
7.1. After the customer has received the product he/she ordered, the customer has the authority to terminate the underlying agreement with 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 conditions, the customer must notify this in writing (via e-mail or letter). HappyFarmer.nl to report. The customer must receive the product - after consultation with HappyFarmer.nl - to send to a forwarder HappyFarmer.nl determined 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 himself.
7.3. If the customer has already made any payments at the time the customer concludes the agreement with HappyFarmer.nl pursuant to Article 7.1. and 7.2 of these Purchase Conditions, will HappyFarmer.nl these payments within fourteen (14) working days HappyFarmer.nl has received the product returned by the customer, will refund it to the customer.
7.4. HappyFarmer.nl reserves the right to refuse returned products or to credit only part of the amount already paid if it is suspected that the product has already been opened, used or due to 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, at the discretion of HappyFarmer.nl nl has suffered damage that is attributable to an act or negligence of the customer or is otherwise at the risk of the customer, HappyFarmer.nl will inform the customer of this in writing (by letter or e-mail). HappyFarmer.nl has the right to deduct the depreciation of the product as a result of this damage from the amount to be refunded to the customer.
Article 8: Force majeure/non-attributable shortcoming
8.1 If before or during the execution of the agreement it appears that (further) execution of the agreement is necessary HappyFarmer.nl is not possible due to force majeure HappyFarmer.nl has the right, without being obliged to pay any compensation, to suspend the execution of the agreement or to dissolve the agreement.
8.2 Force majeure will include any circumstance beyond its control HappyFarmer.nl, which prevents the normal execution of the agreement, in particular weather conditions, but in any case also includes strikes, wars, acts of war, fire and water damage, defects in machinery, obstruction or delay in the transport of materials or items to be delivered, government measures and their consequences. Force majeure is also considered to be the failure of the suppliers to fulfill their obligations or to fulfill them on time HappyFarmer.nl and in general all other events under the control of HappyFarmer.nl, including illness at 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 comply with any obligation, does not do so properly or 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 has 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 option, without being obliged to pay any compensation or guarantee, but without prejudice to its rights. In these cases, any claim is any HappyFarmer.nl at the expense of the customer can be canceled immediately and suddenly.
9.2 If the customer cancels a given order, for whatever reason, he/she is terminated HappyFarmer.nl, unless HappyFarmer.nl requests compliance, will owe compensation of 25% of what the customer owes at performance of the agreement, all without prejudice to the right of HappyFarmer.nl to compensation for loss of profit and damage resulting from the cancellation.
Article 10: Disputes
The judicial authorities in the district of Oost Brabant, Eindhoven, are at exclusion authorized to take note 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 general terms and conditions is void or annulled, the other provisions of these general terms and conditions will remain in full force and effect. HappyFarmer.nl and the customer enter into consultation in order to agree on new provisions to replace the void or voided provisions, whereby the purpose and scope of the void or voided provision is taken into account as much as possible.
HappyFarmer.NL
Lieveld 6
5688 HZ Oirschot
Chamber of Commerce: 63837811
info@happyfarmer.nl
0031 (0) 499 - 219 249