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All prices shown are exclusive of VAT!
Terms and
Conditions HappyFarmer.nl, established in Oirschot, The Netherlands.
Version valid from 31 August 2015.
Article
1: Applicability
1.1 The website HappyFarmer.nl is property of HappyFarmer.nl, registered at the
Dutch Chamber of Commerce (Kamer van Koophandel), trade number: 63837811.
1.2 These terms and conditions are applicable to every offer, delivery and
agreement that was brought, performed or contracted to you by HappyFarmer.nl,
unless agreed in writing.
1.3 Acceptance of a quote and/or provision of a contract means that these terms
and conditions apply to this quote/provision. The Customer renounces any
applicability of their own terms. Any customer-resources on common law are not
allowed.
Article
2: Offers
2.1 Any offer of
HappyFarmer.nl is without obligation, unless emphatically agreed in writing.
2.2 Commands and changes are only binding if accepted or ratified by
HappyFarmer.nl, whether or not in writing. Without prejudice noticed earlier, a
quotation expires in any case after five working days from the date of the
quotation.
2.3 There is no obligation to supply a part of a composed quotation against a
corresponding part of the total price.
2.4 As far as not otherwise agreed, the prices for delivery are “non-delivery
free”.
2.5 Quotations are always made on the basis of the at the time of the offer
and/or command-current prices and apply exclusively on the day of listing. If
one or more cost price factors of the offer increase, HappyFarmer.nl is
authorized to increase the offered price. HappyFarmer.nl will inform the
customer in writing. HappyFarmer.nl will also give the customer a time limit of
seven days to dissolve the agreement in writing. If the price increase is being
established after the purchasing-agreement is realized, HappyFarmer.nl will be
obligated to deliver against the agreed price. In case the price increases by a
legal VAT rate, HappyFarmer.nl is authorized to accordingly raise the price.
2.6 Every offer is based on delivery against normal conditions and during normal
working hours, unless explicitly stated otherwise.
Article
3: Payments / prices
3.1 All prices are
subjected of typographical errors.
3.2 All prices are exclusive shipping costs and exclusive V.A.T..
3.3 Payment of the purchase amount must be made when ordering the product. Any
remission, restitution or deduction cannot be made, unless explicitly stated
otherwise.
3.4 In case the invoice is being sent to you, you have a term of payment that
lasts 7 days. After receiving the whole purchasing amount, delivery can take
place.
3.5 Deviating paying-agreements only apply if they are agreed in writing
between HappyFarmer.nl and the customer.
3.6 The customer needs to assume the correctness of the by HappyFarmer.nl
drafted invoice and invoice-oversights.
3.7 In case the customer did not pay within the agreed terms of payment, the
customer shall be deemed to be in default by operation of the law. In that
case, HappyFarmer.nl is authorized (without any formal notice) to charge the
whole payment due, the legal interest, enhanced by 1% from the day of the
respective invoice. All collection fees, both judicial and extrajudicial,
caused by the customer are for the account of the customer. The extrajudicial
collection fees are 15% of the capital sum with a minimum of € 150,-.
3.8 HappyFarmer.nl is, regardless any agreed terms of payment, in any time
authorized to expect certainty about the payment and to strike out the
execution of the agreement in case this certainty cannot be given. In that
case, the buyer has the choice to pay the ordered goods in cash, under the
settlement of a possibly paid advance OR cancellation of the agreement with the
observance of the provisions brought by you in article 3.10.
3.9 Payments that take place on the account of the customer to HappyFarmer.nl
will always be used to pay the oldest outstanding post at the expense of the
customer, delay-interests and other costs included.
3.10 In case a customer did not pay yet at the moment of delivery, it is
possible that HappyFarmer.nl does not proceed the actual delivery. In case and
as far as HappyFarmer.nl does not proceed to delivery, the customer has to pay
for the costs of the transport and an amount of € 5,- per day, or a part of the
day, until delivery proceeds. These costs are used to cover the costs that come
with the storage of the good(s).
4.
Transition, risk and delivery
4.1 With delivery, we
mean the factual disposition to the customer or to the person(s) that are in
the risk-area of the customer. From the moment of delivery at the address of
the customer, the risk of the bought objects are for the account of the
customer. HappyFarmer.nl is not obliged to warranty.
4.2 The ownership of the delivered objects starts when the customer paid the
purchase price (and possible interest). The ownership does not transfer by only
transferring the bought objects. In case the customer did not fully pay for the
goods and the customer transfers, uses or pawns the ordered goods and/or in
case of bankruptcy or suspension of payment and/or got attached on property the
customer must inform HappyFarmer.nl by writing. If the customer did not informed
HappyFarmer.nl by writing within 5 days, the customer forfeits a fine of at
least three times the not payed sum of money.
4.3 The maximum delivery time for buying on distance comes to 30 days. In case
there will be a longer delivery time for a product, this will be explicitly
announced to you by HappyFarmer.nl In case the delivery time cannot be
guaranteed by HappyFarmer.nl, we will inform you as soon as possible. A new
agreement will be made about the delivery time or you (as a customer) have the
right to dissolve the agreement. Already made payments have to be refunded by
HappyFarmer.nl within 30 days.
5.
Reclamations, complaints and guarantee
5.1 In case a product
is delivered by HappyFarmer.nl but the product is visibly damaged, the customer
has to contact HappyFarmer.nl immediately or within 24 hours after receiving
the product. In case the products are treated by the buyer, the buyer needs to
satisfy himself of the good state of the product immediately. In case the
damage is not visible on the outside, the customer needs to contact
HappyFarmer.nl within two weeks after receiving the product/goods. The
reclamation has to contain a description of the detected damage.
5.2 Little – in business permitted or technical unavoidable – departures in
quality, quantity, width, color, size, finishing etc. cannot be a ground for
technical reclamations or complaints. This also applies to delivered goods, bought
on sample.
5.3 The in article 5.1 decided terms also count on the sum on invoice, be it
that this reclamation has to be made at HappyFarmer.nl within 5 days,
accompanied with a motivational writing.
5.4 Reclamations on any other way made to middleman or retailers and later
received by HappyFarmer.nl are of no legal value an cannot bring any juridical
consequences.
5.5 Every right of reclamation will fall into disrepair if the above mentioned terms
will not be taken in consideration and in case third parties have done
activities on the goods/materials for HappyFarmer.nl.
5.6 Reclamations never give the customer the right to apply compensation or
debt-comparison.
5.7 Unless HappyFarmer.nl explicitly agrees, the customer is not free to return
goods bought in the web store or directly at the company to HappyFarmer.nl.
5.8 In case a sweeping guarantee is given by the manufacturer of the delivered
goods to HappyFarmer.nl, the guarantee will also apply to the customer, but
only when the deliverer decides that the reclamation is correct.
5.9 Guarantee decisions only apply to the agreed corresponded use of the
delivered goods or executed work. Injudicious acting or failing care for the
delivered goods shuts out every reclamation and lapses all guarantees and warranty.
6.
Liability
6.1 HappyFarmer.nl will
never be responsible for direct or indirect damage, company- and/or stagnation
damage. Which means delay in the delivery of the ordered goods, caused by the
damage on the by HappyFarmer ordered goods, except for purposed and/or huge
dept.
6.2 HappyFarmer.nl can never be held to any compensation caused by damage in
any shape or cause however, higher than the total amount from the transaction
between HappyFarmer.nl and the customer.
6.3 The customer explicitly protects HappyFarmer.nl for every claim of third
parties, which includes the personnel of the customer, to compensate damage in
any shape, suffered by third parties.
6.4 Every right of reclamation will expire if the above mentioned terms are not
taken in consideration.
6.5 Reclamations never give the customer the right of compensation,
debt-comparison or postponing his obligations.
7.
Cooling-off period
7.1 After receiving the
ordered goods, the customer has the right to annul the underlying agreement
with HappyFarmer.nl within seven (7) working days. The customer does not have
to hand over any reason.
7.2 In case the customer wants to dissolve the agreement discussed in point
7.1, the customer has to announce this in writing (e-mail or letter) to
HappyFarmer.nl. After judgement, the customer has to send the product back to a
by HappyFarmer.nl set retour-address. This has to be done in the original,
undamaged packing. Opened packing will not be taken back; opening the packing
means that you want to keep the product(s). The customer needs to carry the
risk and costs of sending.
7.3 In case the customer already did (partly) pay for the product at the moment
that the customer wants to dissolve the agreement (article 7.1 and 7.2 of these
terms and conditions), HappyFarmer.nl will refund the payment within fourteen
(14) working days after HappyFarmer.nl received the returned good(s) from the
customer.
7.4 HappyFarmer.nl keeps the right to refuse returned goods and products or
only partly refund the already paid price in case HappyFarmer.nl has the idea
that the packing is opened, the product is used or damaged by the guilt of the
customer (other than HappyFarmer.nl or the deliverer of the product).
7.5 In case a product is returned to HappyFarmer.nl and HappyFarmer.nl has the
idea that the product has been damaged by guilt of the customer or other risks
to take by the customer, HappyFarmer.nl will inform the customer in writing
(letter or E-Mail). HappyFarmer.nl has the right to put any depreciation on the
account of the customer.
8.
Circumstances beyond one’s control / Not accountable shortcoming
8.1 If it appears that
(further) execution of the agreement is nog possible for HappyFarmer.nl before
or during the execution of the agreement with the cause of “circumstances
beyond one’s control”, HappyFarmer.nl has the right to postpone or break the agreement
without giving any compensation or refunds.
8.2 With “Circumstances beyond one’s control” is meant every circumstance
except the actions of HappyFarmer.nl, by which the normal execution of the
agreement is interrupted. Examples are: weather circumstances, strikes, wars,
molest- fire- and water damage, damage to machines, hindrance or delay from the
transport of materials or products, measurements of the government and their
consequences. Not or not in time meeting the obligations by the deliverers of
HappyFarmer.nl and in general all other happenings that withdraw the
responsibility of HappyFarmer.nl (illness of personnel of HappyFarmer.nl, third
parties and deliverers) are also titled as “Circumstances beyond one’s
control”.
9.
Dissolution
9.1 In case the
customer does not, not, not decent or not in time meet any obligation, also in
case of bankruptcy of moratorium of payment of the customer or his/hers
company, he/she will be considered guilty on omission. This gives
HappyFarmer.nl the right to postpone or break the agreement without any proof
of default and without judicial intervention. HappyFarmer.nl will not be held
to any guarantee or compensation. In this case, every demand that
HappyFarmer.nl receives trough the agency of the customer is immediate
redeemable.
9.2 In case the customer voids a given order, on behalf of any reason, he/she
ows a compensation of 25% of the price of the ordered product(s) to
HappyFarmer.nl, unless HappyFarmer.nl wishes observance. The right of
compensation of HappyFarmer.nl will remain undiminished, because of
profit-division and damage caused by annul.
10.
Disagreements
The judicial instances
in the district Oost Brabant, Eindhoven, are authorized by exception to get
information about disagreements between HappyFarmer.nl and her customers.
11.
Applicable law
The Dutch (judicial)
right applies to all offers and agreements, done or started by HappyFarmer.nl
12.
Provision
In case any of the
decisions from these Terms and Conditions are canceled or declared invalid, the
remained decisions will stay the same. HappyFarmer.nl and the customer will
consider new decisions to replace the canceled or invalid decisions. The
canceled or invalid decisions will hereby be taken in consideration.
www.happyfarmer.nl
Bestseweg 38
5688 NP Oirschot
info@happyfarmer.nl
0031 (0) 499 219 249
