General Terms and Conditions of HVL Company B.V.
Introduction
By placing an order on www.hvlshop.nl you are accepting to purchase a Product on and subject to the following terms and conditions of HVL Company B.V. (the “General Terms and Conditions”). The General Terms and Conditions always apply between you and HVL Company B.V.
When you use or place an order through the website www.hvlshop.nl The General Terms and Conditions contain important information for you as a customer of HVL Company B.V.
Article 1 Definitions
HVL Company B.V.: a private company (Besloten Vennootschap) established under Dutch law, based in Amsterdam (The Netherlands) and registered with the Chamber of Commerce under file number: 78708613 which is the owner of the platform.
Site: the website www.hvlshop.nl and subdomains.
Client: the natural person or corporation acting in the performance of a profession or business who enters into an Agreement with HVL Company B.V.
Product(s): the product(s) as offered on the Site.
Agreement: any arrangement or agreement between HVL Company B.V. and the Client of which the General Terms and Conditions form an integral part.
General Terms and Conditions: the present terms and conditions of HVL Company B.V.
Article 2 Applicability of the General Terms and Conditions
2.1 The General Terms and Conditions apply to all offers and deliveries from, and Agreements with HVL Company B.V.unless otherwise explicitly agreed on in writing.
2.2 If the Client declares other provisions or terms applicable in his order, confirmation or through any other communication medium, such provisions will only be binding upon HVL Company B.V. if and in so far as HVL Company B.V. has explicitly accepted them in writing.
Article 3 Prices and Information
3.1 All prices as displayed on the Site and on other materials originating from HVL Company B.V. include taxes and other levies imposed by the government unless stated otherwise on the Site.
3.2 If shipping costs are charged, these will be clearly stated on the Site before the Agreement is concluded. The shipping costs will be displayed separately in the ordering process.
3.3 The content of the Site is composed of the greatest care. HVL Company BV. can however not guarantee that all information on the Site is displayed correctly and/or is complete at all times. All prices and other information displayed on the Site and on other materials originating from HVL Company B.V. could include typographical and/or programming errors. HVL Company BV cannot be held responsible for any wrong information about product or price on the site.
Article 4 Conclusion of the Agreement
4.1 The Agreement will be deemed to be concluded at such moment that the Client accepts the offer of HVL Company BV., which offer is subject to the General Terms and Conditions.
4.2 If the Client has accepted the offer by electronic means, HVL Company B.V. will also confirm receipt of acceptance of the offer by electronic means.
4.3 If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, HVL Company B.V. will have the right to suspend its obligations until the correct data has been received from the Client.
Article 5 Execution of the Agreement
5.1 As soon as HVL Company B.V. has received a Clients order and has confirmed the acceptance thereof, it will handover the Products to the Handling Company. The Handing Company will then send the Products to the Client.
5.2 HVL Company B.V. is authorized to engage any third parties in the fulfilment of its obligations under the Agreement.
5.3 The Site includes information describing the manner of delivery of the Products and an estatimation of the term in which the Products will be delivered to the Client.
5.4 If HVL Company B.V. is unable to deliver the Products within 14 days after the confirmation of acceptance of the order, it will notify the Client accordingly. In such event, the Client can decide to either agree to a new delivery date or to dissolve the Agreement without incurring any costs.
5.5 HVL Company B.V. advises the Client to inspect the Products upon receipt and to report any defects within five working days after delivery in writing or by email ([email protected]) or through the contact button on the Site.
5.6 As soon as the Product has been delivered to the delivery address submitted by the Client, the risk of the Product fully transfers to the Client.
Article 6 Withdrawal / Return
6.1 The Client has the right to return the Product within fourteen (14) days after the Product has been delivered to the Client. Please note that only full priced clothing can be returned. Handmade products like pillows, interior products, tea and other food and beauty products or can't be returned. For special promotions like discounts we don't accept returns. Please refer to the returns policy.
6.2 The Client must inform HVL Company B.V. of its wish to return the Product by sending an message through the Site (contact) within the aforementioned period of fourteen (14) days after the Product has been delivered to the Client. This message should include the following information: order number, name, phone number, e-mail address and delivery address. After receipt of this message, HVL Company B.V. will provide the following steps. The costs for returning items are paid by the sender.
6.3 Returned Products must be unused, undamaged and returned in its original unopened packaging with its original packing slip. Returns attempted without satisfying all of the aforementioned conditions, will not be accepted.
6.4 The Client is responsible for the chosen shipping method of the returns. We advise you to use a registered shipping service as HVL Company B.V. can""t be hold accountable for lost packages.
6.5 After receiving and accepting the returned Products, HVL Company B.V. will refund the total purchase price to the Client within 5 days. If the return is not accepted HVL Company B.V. will contact the Client to send the product back to the customer. Please note that the shipping costs will be for the Client.
Article 7 Payment
7.1 The Client shall pay the amounts due to HVL Company B.V. in accordance with the ordering process and through the payment method selected on the Site.
Article 8 Warranties and Conformity
8.1 HVL Company B.V. warrants that the Products are suitable for their intended use, as described on the Site.
8.2 If the delivered Product fails to satisfy the Agreement at delivery, HVL Company B.V. must be notified thereof within a reasonable period of time, which is ultimately fourteen (14) days after delivery of the Product.
8.3 If a Product does not satisfy the Agreement and the Client has notified HVL Company B.V. thereof within the period mentioned in article 8.2, the Product concerned will be repaired, replaced or (partially) refunded, such in consultation with the Client. Complaints after the period mentioned in article 8.2 will not be accepted by HVL Company B.V.
Article 9 Complaints handling procedure
9.1 If the Client has any grievances in connection with a Product, or regarding any other aspects of the Site or service of HVL Company B.V., it can submit a complaint by email or through the contact button on the Site.
9.2 HVL Company B.V. will respond to the complaint as soon as possible, and in any case within two weeks after receipt of the complaint. If HVL Company B.V. is unable to formulate a substantive response to the complaint within such period, HVL Company B.V. will confirm receipt of the complaint within seven (7) days after receipt of the complaint and give an indication of the term within which it expects to be able to give a substantive or definitive response to the Client.
Article 10 Liability
10.1 The total liability of HVL Company in respect of the Client due to an attributable failure to perform the Agreement is limited to a compensation which does not exceed the price stipulated for that particular Agreement (including VAT and shipping costs).
10.2 HVL Company B.V. cannot be held liable for any indirect damages or losses, including, without limitation, consequential damages, lost profits, lost savings, loss of data and damage due to business interruption.
10.3 Except as otherwise explicitly provided for in this article 10, HVL Company B.V. is not subject to any liability, irrespective of the grounds upon which an action or proceeding may be based. The restrictions set out in this article 10.3, will, however, cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of HVL Company B.V.
10.4 HVL Company B.V. will only be liable to the Client on account of an attributable failure in the performance of an Agreement if the Client issues a written notice of default to HVL Company B.V. without delay, stipulating a reasonable period of time in which HVL Company B.V. has the possibility to remedy the default, and HVL Company B.V. fails to cure the default within such period. The notice of default must contain a description of the default in as much detail as possible.
10.5 Any event giving rise to compensation is always subject to the condition that the Client reports the damage or loss in writing to HVL Company B.V. as soon as possible, but no later than within thirty (14) days after the damage or loss has arisen.
Article 11 Retention of Title
11.1 As long as HVL Company B.V. has not received full payment for the Products, HVL Company B.V. will retain the ownership of the Products.
Article 12 Personal details
12.1 HVL Company B.V. will process the Clients personal data in accordance with the Privacy Policy as published on the Site.
Article 13 Final provisions
13.1 The General Terms and Conditions and the Agreement are exclusively construed in accordance with and shall be exclusively governed by the laws of the Netherlands.
13.2 Any dispute arising out or in connection with the General Terms and Conditions and the Agreement, including disputes concerning the existence and validity thereof will if no amicable settlement can be reached, be resolved by the competent Dutch court in the district where HVL Company B.V. has its registered office.
