Terms and Conditions
Article 1 - Definitions
Article 2 - Identity of Hy-land
Article 3 - Applicability
Article 4 - Offer
Article 5 - Agreement
Article 6 - Right of withdrawal
Article 7 - Customer’s obligations during the reflection period
Article 8 - Exercising the Customer’s right of withdrawal and the costs
Article 9 - Hy-land’s obligation in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - Price
Article 12 - Compliance and extra guaranty
Article 13 - Delivery and execution
Article 14 - Continuing performance agreement: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or varying provisions
Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
- Additional agreement: an agreement in which the Customer acquires: Products with respect to a distance agreement and these goods are delivered by Hy-land or a third party on the basis of an arrangement between this third party and the Hy-land;
- Reflection period: the period during which the Customer may use his right of withdrawal;
- Customer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
- Day: calendar day;
- Continuing performance agreement: agreement serving to deliver goods, in a given period;
- Sustainable data carrier: any means, including email, that allow the Customer or Hy-land to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible;
- Right of withdrawal: the Customer’s option not to proceed with the distance agreement within the cooling-off period;
- Hy-land: the company, which provides products, to Customers at a distance;
- Distance agreement: agreement concluded by Hy-land and the Customer within the scope of an organized system for distance selling products, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the agreement;
- Standard form for withdrawal: the European standard form for withdrawal included in Article 6;
- Technology for distance communication: a means to be used for concluding an agreement without the Customer and Hy-land being together in the same place at the same time.
Article 2 – Hy-land’s identity
NL-1059 CD Amsterdam
Phone: + 31 (0) 85444100
E-mail: [email protected]
CoC: 33 260625
VAT ID: NL 8137.81.887.B06
Article 3 – Applicability
- These General Terms and Conditions apply to any offer from Hy-land and to any distance agreement concluded by Hy-land and the Customer.
- Before concluding a distance agreement, Hy-land shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, Hy-land shall indicate in what way the General Terms and Conditions can be inspected and that they will be sent free of charge if so requested, before the distant agreement is concluded.
- If the distance agreement is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance agreement is concluded, may also be supplied to the Customer electronically in such a way that the Customer can easily store it on a long- term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Customer ́s request free of charge, either via electronic means or otherwise, before concluding the distance agreement.
- In the event that specific product condition applies in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Customer may always appeal to the applicable provision that is most favorable to him/her.
Article 4 – Offer
- If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
- The offer contains a full and accurate description of the products offered. The description is suitably detailed to enable the Customer to assess the products adequately. If Hy-land makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind Hy-land
- All offers contain such information that it is clear to the Customer what rights and obligations are attached to accepting the offer.
Article 5 – Agreement
- Subject to the provisions in paragraph 4, the agreement becomes valid when the Customer has accepted the offer and fulfilled the terms and conditions set.
- If the Customer accepted the offer via electronic means, Hy-land shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Customer may repudiate the agreement.
- If the agreement is concluded electronically, Hy-land will take appropriate technical and organizational security measures for the electronic data transfer and ensure a safe web environment. If the Customer can pay electronically, Hy-land shall observe appropriate security measures.
- Hy-land may, within the limits of the law, gather information about Customer’s ability to fulfill his payment obligations, and all facts and factors relevant to responsibly concluding the distance agreement. If, acting on the results of this investigation, Hy-land has sound reasons for not concluding the agreement; he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
- Before delivering the product, Hy-land shall send the following information along with the product in writing or in such manner that the Customer can store it in an accessible manner on a long-term data carrier:
- the visiting address of Hy-land́s business establishment where the Customer may get into contact with any complaints;
- the conditions on which and the manner in which the Customer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;
- the information corresponding to existing after-sales services and guarantees;
- the price including all taxes of the product; where applicable the delivery costs and the way of payment, delivery or implementation of the distance agreement;
- the standard form for withdrawal if the Customer has the right of withdrawal.
Article 6 – Right of withdrawal
- The Customer can repudiate a purchase agreement for a product without giving reasons for a period of reflection of at least 14 days. Hy-land may ask the Customer about the reason for the withdrawal but cannot force him to state his reason(s).
- The reflection period referred to in sub-clause 1 starts on the day the product is received by the Customer or by a third party appointed by him in advance and who is not the carrier, or;
- if the Customer ordered several products in the same order: the day on which the Customer or a third party appointed by him received the last product. Hy-land may refuse an order of several products with different delivery dates provided that he clearly informs the Customer prior to the order process.
- in case the delivery of a product consists of several batches or parts: the day on which the Customer or a third party appointed by him received the last batch or the last part.
- in case of an agreement about regular delivery of products during a given period: the day on which the Customer or a third party appointed by him received the first product.
Article 7 – Customer’s obligations during the time of reflection
- During this period, the Customer shall handle the product and the packaging with care. He must return the product in the same condition as it was received i.e. it must be complete, undamaged and in the original, unopened packaging. The guiding principle is that the Customer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
- The Customer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section 1.
- The Customer is not liable for the decrease in value of the product if Hy-land has not provided him with all legal information about the right of withdrawal before concluding the Agreement.
Article 8 – Exercising the Customer’s right of withdrawal and the costs
- If the Customer exercises his right of withdrawal he shall notify Hy-land unambiguously with the standard form for withdrawal within the period of reflection.
- The Customer shall return the product or deliver it to (the authorized representative of) Hy-land as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1. This need not be done if Hy-land offered to collect the product himself. The Customer observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.
- The Customer shall return the product with all delivered accessories and in the original state and packing and in conformity with reasonable and clear instructions given by Hy-land.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Customer.
- The Customer shall bear the direct costs of returning the product.
- If the Customer exercises his right of withdrawal, all additional agreements end by operation of law.
Article 9 – Hy-land’s obligations in case of withdrawal
- If Hy-land makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
- Hy-land reimburses all payments received from the Customer, including delivery costs borne by the Hy-land to deliver goods to the Customer, as soon as possible but within 14 days following the day on which the Customer notified him of the withdrawal. Unless Hy-land offers to collect the product himself, he can wait with paying back until having received the product or until the Customer proved that he returned the product, whichever occurs first.
- Hy-land shall make use of the same means of payment that the Customer used, unless the Customer consents to another method. The reimbursement is free of charge for the Customer.
- If the Customer opted for a more expensive method of delivery instead of the cheapest standard delivery, Hy-land need not reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
Hy-land can exclude the following products from the right of withdrawal but only if Hy-land notified this clearly when making the offer or at any rate in good time before concluding the agreement:
- Products with a price that is subject to fluctuations in the financial market on which Hy-land has no influence and which may occur within the period of withdrawal;
- Agreements that are concluded during a public auction. A public auction is defined as a selling method whereby Hy-land offers products to the Customer who is personally present or has the possibility to be personally present at the auction under the direction of an auctioneer and whereby the successful bidder is obliged to purchase the products.
Article 11 – Price
- The prices of the products provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
- Contrary to the previous paragraph, Hy-land may offer products whose prices are subject to fluctuations in the financial market that are beyond Hy-land’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
- All prices indicated in the provision of products are including VAT.
Article 12 – Performance of an agreement and extra Guarantee
- Hy-land guarantees that the products comply with the agreement, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the agreement was concluded.
- An extra guarantee offered by Hy-land, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Customer may exercise against Hy-land about a failure in the fulfillment of Hy-land’s obligations if Hy-land has failed in the fulfillment of his part of the agreement.
- ‘Extra guarantee’ is taken to mean each obligation by Hy-land, his Supplier, Importer or Manufacturer in whom he assigns certain rights or claims to the Customer that go further than he is legally required in case he fails in the compliance with his part of the agreement.
Article 13 – Delivery and execution
- Hy-land shall exercise the best possible care when booking orders and executing product orders.
- The place of delivery is at the address given by the Customer to Hy-land.
- With due observance of the stipulations in Article 4 of these General Terms and Conditions, Hy-land shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Customer shall be informed about this within 30 days after ordering. In such cases, the Customer is entitled to repudiate the agreement free of charge and with the right to possible compensation.
- After repudiation in conformity with the preceding paragraph, Hy-land shall return the payment made by the Customer promptly.
- The risk of loss and/or damage to products will be borne by Hy-land until the time of delivery to the Customer or a representative appointed in advance and made known to the Customer, unless explicitly agreed otherwise.
Article 14 – Continuing performance agreements: duration, termination and renewal
- The Customer may at all times terminate an agreement that was concluded for an indefinite time and which extends to the regular delivery of products with due observance of the termination rules and subject to not more than one month’s notice.
- The Customer may at all times terminate a agreement that was concluded for a specific time and which extends to the regular delivery of products at the end of the specific period, with due observance of the termination rules and a subject to not more than one month’s notice.
- The Customer can cancel the agreements mentioned in the preceding paragraphs:
- at any time and not be limited to termination at a particular time or in a given period;
- at least in the same way as they were concluded by him;
- at all times with the same notice as Hy-land stipulated for himself.
- An agreement concluded for a definite period, which extends to the regular delivery of products may not be automatically extended or renewed for a fixed period.
- An agreement concluded for a definite period and which extends to the regular delivery of products may only be extended tacitly for an indefinite period if the Customer can cancel it at any time with a notice of one month.
- If the duration of an agreement is more than one year, the Customer may terminate the agreement at any time after one year with a notice of not more than one month, unless reasonableness and fairness resist the termination before the end of the agreed term.
Article 15 – Payment
- Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Customer must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day that the Customer received the confirmation of the agreement.
- When selling products to Customers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. If an advance payment was agreed, the Customer may not assert any right regarding the execution of the order in question or the service(s) in question before making the agreed advance payment.
- The Customer has the duty to inform Hy-land promptly of possible inaccuracies in the payment details that were given or specified.
- In case the Customer has not complied with his payment obligation(s) in time, and Hy-land has pointed out to him that the payment was late and allowed the Customer a period of 14 days to comply with the payment obligations, the Customer is to pay the statutory interest on the amount payable and Hy-land is entitled to charge the Customer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following € 2,500 and 5% for the following € 5000, with a minimum of € 40. Hy-land may deviate from the aforementioned amounts and percentages in favour of the Customer.
Article 16 – Complaints procedure
- Hy-land has a sufficiently notified complaints procedure in place, and shall handle a complaint in accordance with this complaint procedure.
- Complaints about the performance of the agreement shall be submitted fully and clearly described to Hy-land within a reasonable time after the Customer discovered the defects.
- The complaints submitted to Hy-land shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, Hy-land shall respond within 14 days with a notice of receipt and an indication when the Customer can expect a more detailed reply.
- If the complaint cannot be solved in joint consultation within a reasonable time or within 3 months after submitting the complaint, there will be a dispute that is open to the dispute settlement rules.
Article 17 - Disputes
Agreements between Hy-land and the Customer, to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
Article 18 - Additional provisions or derogations
Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Customer’s detriment and must be put in writing or recorded in such a way that the Customer can store them in an accessible manner on a long-term data carrier.