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 made, executed or entered into by HappyFarmer.nl, unless otherwise agreed in writing.
1.3 Acceptance of a quotation and/or placing of an order explicitly includes acceptance of these general terms and conditions, whereby the customer waives any applicability of their own terms and conditions. A claim by the customer based on customary law is not permitted.
Article 2: Offers
2.1 All offers made by HappyFarmer.nl are without obligation unless explicitly stated otherwise in writing.
2.2 Orders and amendments are only binding once HappyFarmer.nl has accepted or confirmed them, whether or not in writing. Notwithstanding the foregoing, a quotation shall in any case lapse five working days after the date stated thereon.
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.
2.5 Quotations are always made on the basis of the 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 price factors increase, HappyFarmer.nl is entitled to increase the offered price accordingly. However, HappyFarmer.nl will notify the customer of this 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 due to a statutory VAT rate increase, HappyFarmer.nl is entitled to increase the offered price accordingly.
2.6 Unless explicitly 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 exclusive of VAT.
3.3 Payment of the purchase amount must be made upon ordering the product, without any right to suspension, set-off or deduction, unless explicitly 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 shall only apply if they have been agreed in writing between HappyFarmer.nl and the customer.
3.6 Unless proven otherwise, the invoices and invoice summaries prepared by HappyFarmer.nl shall be deemed correct.
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 be entitled, without any notice of default, to charge the customer interest on the entire amount due, plus the statutory interest rate increased by 1% (one percent), 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 entitled at all times, regardless of the agreed payment conditions, 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, or 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 insofar as 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 thereof, until delivery takes place, as compensation for the storage costs incurred by HappyFarmer.nl for the item(s).
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 passes to the customer from the moment of delivery to the address specified by the customer. HappyFarmer.nl is not liable for any indemnification, by whatever name.
4.2 Ownership of the delivered goods only passes to the customer once the purchase price, plus any interest and costs, has been paid in full. Ownership does not pass by mere transfer of the goods. If the customer transfers, pledges and/or encumbers goods that have been delivered but not fully paid for to HappyFarmer.nl, and/or in the event of the customer's bankruptcy, suspension of payment, or attachment, and fails to notify HappyFarmer.nl thereof in writing within 5 days, the customer forfeits a penalty of at least three times the unpaid amount, which is not subject to mitigation.
4.3 The maximum delivery time for distance purchases is 30 days. If a product has a longer delivery time, this will be explicitly indicated 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 will then be agreed upon, or as a consumer you have the right to dissolve the agreement. Amounts already paid must be refunded by HappyFarmer.nl within 30 days of dissolution.
Article 5: Claims, complaints and warranty
5.1 If goods with visibly apparent damage are delivered by HappyFarmer.nl, the customer must lodge a complaint with HappyFarmer.nl immediately thereafter 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 the goods satisfy themselves as to their good condition. If the damage/defect is not visibly apparent, the customer must submit a written complaint within two weeks of receipt of the goods or completion of the work. The complaint must include a description of the defects and/or damage observed.
5.2 Minor deviations in quality, quantity, width, colours, finish, size, finishing, etc. that are considered acceptable in the trade or technically unavoidable shall not give rise to complaints, nor shall colour deviations of delivered goods purchased on the basis of a sample or swatch.
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 written notice.
5.4 Complaints made in any other way to intermediaries or resellers, or reaching HappyFarmer.nl at a later stage, are of no value and cannot have any legal effect.
5.5 Any right to make a complaint lapses if the above-mentioned deadlines are not observed, as well as if third parties have carried out 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 explicitly agreed thereto, the customer is not entitled to return goods purchased in our webshop or through our company to HappyFarmer.nl.
5.8 If the manufacturer of the delivered goods provides a more extensive warranty to HappyFarmer.nl, 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 excludes any complaint and causes warranties and other guarantees to lapse.
Article 6: Liability
6.1 HappyFarmer.nl is never liable for direct or indirect damage, business and/or consequential loss, including delays in the delivery of goods, arising from defects in the goods delivered by HappyFarmer.nl, except in cases 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 damages of any nature and caused by any reason, in excess of the total amount of the transaction between HappyFarmer.nl and the customer.
6.3 The customer explicitly indemnifies HappyFarmer.nl against all claims by third parties, including the customer's personnel, for compensation for all damages in whatever form suffered by these third parties.
6.4 Any right of complaint lapses if the above-mentioned deadlines are not observed.
6.5 Complaints never give the customer the right to suspend fulfilment of their obligations, or to apply compensation or set-off.
Article 7: Cooling-off period
7.1 After the customer has received the product they ordered, 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 is not required 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 — after consultation with HappyFarmer.nl — send the product to a return address designated by HappyFarmer.nl.
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 of Sale, HappyFarmer.nl will refund these payments to the customer within fourteen (14) working days after HappyFarmer.nl has received the returned product from 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 HappyFarmer.nl's opinion, has sustained damage attributable to an act or omission by 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 deduct the depreciation 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 it becomes apparent before or during the performance of the agreement that (further) performance of the agreement by HappyFarmer.nl is not possible as a result of force majeure, HappyFarmer.nl has the right, without being liable for any damages, to suspend the performance of the agreement or to dissolve the agreement.
8.2 Force majeure shall include any circumstance beyond the control of HappyFarmer.nl that prevents the normal performance of the agreement, with particular reference to weather conditions, but shall in any case also include strikes, wars, acts of violence, fire and water damage, machinery defects, impediment or delay in/of the transport of materials or goods to be delivered, government measures and the consequences thereof. Force majeure shall also include the failure of HappyFarmer.nl's suppliers to fulfil their obligations, whether or not in a timely manner, and in general all other events beyond the control of HappyFarmer.nl, including illness among the personnel 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 fulfil in a timely manner any obligation, as well as in the event of the bankruptcy or suspension of payment of the customer or their business, 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 performance of the agreement or to dissolve the agreement in whole or in part, at its discretion, without being liable for any damages or warranty, but without prejudice to the rights accruing to it. In these cases, any claim that HappyFarmer.nl has or obtains against the customer shall be immediately and entirely 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 to enforce performance — compensation of 25% of what the customer would have had to pay upon performance of the agreement, without prejudice to HappyFarmer.nl's right to compensation for loss of profit and damages arising from the cancellation.
Article 10: Disputes
The courts in the district of Oost Brabant, Eindhoven, have exclusive jurisdiction to hear disputes existing 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 far 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