General Terms and Conditions of HAJP bvba, established in Deinze
Version valid from April 1, 2015
1.1 These general terms and conditions apply to every offer from HAJP and to every agreement concluded between HAJP and the consumer. The conditions are accessible to everyone and included on the HAJP website. Upon request, we will send you a written copy.
1.2 By placing an order you indicate that you agree with the delivery and payment conditions. HAJP reserves the right to change its delivery and / or payment conditions after the expiry of the term.
1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by HAJP.
1.4 HAJP guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
2.1 Delivery takes place while stocks last.
2.2 Within the framework of the rules of distance selling, HAJP will execute orders at least within 60 days, unless a different delivery period has been agreed. If delivery within 60 days or otherwise agreed delivery time is not possible (because the ordered is not in stock or no longer available), or there is a delay for other reasons, or an order cannot be executed or only partially, the consumer will receive within 2 months after placing the order and in that case he has the right to cancel the order without costs and notice of default.
2.3 HAJP's obligation to deliver will be fulfilled, subject to proof to the contrary, as soon as the goods delivered by HAJP have been offered to the customer once. For home delivery, the carrier's report, alleging the refusal of acceptance, serves as full proof of the offer to deliver.
2.4 All terms stated on the website are indicative. No rights can therefore be derived from the aforementioned terms.
3.1 Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3 All prices on the site are in Euros and include 21% VAT.
4. View period / right of withdrawal
4.1 In the event of a consumer purchase, in accordance with the Distance Selling Act (Article 7: 5 BW), the customer has the right to return (part of) the delivered goods within a period of 14 working days without giving any reason. This period starts when the ordered items have been delivered. The customer is obliged, before proceeding to return, to notify HAJP in writing within 14 working days of receipt. If the customer has not reported making use of the statutory right of return within the trial period of 14 days after receipt, the purchase is a fact.
During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess the nature, characteristics and operation of the product. If he makes use of his right of withdrawal, he will return the product to the entrepreneur within 28 days of receipt, in accordance with the reasonable and clear instructions provided by the entrepreneur.
The customer must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, HAJP reserves the right to charge a reduction in value. With due observance of the provisions of the previous sentence, HAJP will arrange for a refund within 14 days after receipt of the return shipment or 14 days after proof of return (in this case the return shipment must be explicitly stated on the shipping receipt). When the entire purchase is returned, the full purchase amount including any calculated shipping and / or payment costs will be refunded to the customer. When only part of the received purchases are returned, only the purchase value of the returned goods will be refunded. Additional costs as a result of a more expensive shipping method than the cheapest standard delivery will never be refunded.
The return of the delivered goods is entirely at the expense and risk of the customer.
4.2 The right of withdrawal does not apply to:
service agreements, after full performance of the service, and only when the performance has begun with the consumer's explicit prior consent and the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
goods or services whose price is dependent on fluctuations in the financial market, on which the supplier has no influence and which may occur within the withdrawal period
goods that are manufactured according to the consumer's specifications, for example custom work, or that have a clearly personal character
products whose shelf life has expired within the reflection period of 14 days (decay).
sealed products that are not suitable to be returned for health or hygiene reasons and of which the seal has been broken after delivery
sealed audio / video or software carriers of which the seal has been broken for goods or services that cannot be returned due to their nature, for example i.v.m. hygiene or that can spoil or age quickly
the delivery of individual newspapers and magazines
5. Data management
5.2 HAJP respects the privacy of the users of the internet site and ensures confidentiality of your personal information.
5.3 HAJP uses a mailing list in some cases. Each mailing contains instructions on how to remove yourself from this list.
6. Warranty and conformity
6.1 The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement. and / or government regulations.
6.2 A scheme offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert towards the entrepreneur with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur towards the entrepreneur on the basis of the law / or the distance contract.
6.3 If it appears that the delivered item is incorrect, inadequate or incomplete, then the customer must (before proceeding to return it to HAJP) report these defects in writing to HAJP within 2 months after discovery of the defect. in the original packaging (including accessories and accompanying documentation). Taking into use after discovery of a defect, damage occurring after discovery of defect, encumbrance and / or resale after discovery of defect, completely voids this right to complain and return it.
6.4 If complaints from the customer are found to be justified by HAJP, HAJP will repair or replace the delivered goods free of charge at the consumer's discretion. Any liability of HAJP in the event of damage is limited to a maximum of the invoice amount of the relevant goods, or (at HAJP's option) to the maximum amount covered by HAJP's liability insurance in the relevant case. Any liability of HAJP for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit.
6.5 HAJP is not liable for damage caused by intent or equivalent deliberate recklessness of non-managerial staff.
6.6 This guarantee does not apply if: A) and as long as the customer is in default towards HAJP; B) the customer has repaired and / or processed the delivered goods himself or had it repaired / or processed by third parties. C) the delivered goods have been exposed to abnormal conditions or are otherwise handled carelessly or have been treated contrary to the instructions of HAJP and / or instructions on the packaging;
7.1 Offers are without obligation, unless stated otherwise in the offer.
7.2 If the buyer accepts an offer without obligation, HAJP reserves the right to revoke or deviate from the offer within 3 working days after receipt of that acceptance.
7.3 Verbal commitments only bind HAJP after they have been explicitly confirmed in writing.
7.4 Offers from HAJP do not automatically apply to repeat orders.
7.5 HAJP cannot be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or clerical error.
7.6 Additions, changes and / or further agreements are only valid if agreed in writing.
8.1 An agreement between HAJP and a customer is concluded after an order assignment has been assessed by HAJP for feasibility.
8.2 HAJP reserves the right not to accept orders or assignments without giving reasons or to accept them only on the condition that the shipment is made cash on delivery or after payment in advance.
9. Images and specifications
9.1 All images; photos, drawings, etc .; Among other things, data regarding weights, dimensions, colors, images of labels, etc. on the HAJP website are only approximate, are indicative and cannot lead to compensation or termination of the agreement.
10. Force majeure
10.1 HAJP is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.
10.2 Force majeure is understood to mean any strange cause, as well as any circumstance that should not reasonably be at its risk. Delays in or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and / or manufacturers of HAJP as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are expressly regarded as force majeure.
10.3 In the event of force majeure, HAJP reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that execution remains possible. Under no circumstances is HAJP obliged to pay any fine or compensation.
10.4 If HAJP has already partially fulfilled its obligations on the occurrence of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
11.1 HAJP is not liable for damage to vehicles or other objects caused by incorrect use of the products. Before use, read the instructions on the packaging and / or consult our website.
12. Retention of title
12.1 Ownership of all goods sold and delivered by HAJP to the customer remains with HAJP as long as the customer has not paid HAJP's claims under the agreement or previous or later similar agreements, as long as the customer has carried out the work performed or still to be performed under this agreement. or similar agreements has not yet paid and as long as the customer has not yet paid HAJP's claims due to failure to comply with such obligations, including claims with regard to fines, interest and costs, all this as referred to in Article 3: 92 BW.
12.2 The goods delivered by HAJP that fall under the retention of title may only be resold within the framework of normal business operations and may never be used as a means of payment.
12.3 The customer is not entitled to pledge or encumber in any other way the goods falling under the retention of title.
12.4 The customer gives unconditional and irrevocable permission to HAJP or a third party to be appointed by HAJP to, in all cases in which HAJP wishes to exercise its property rights, to enter all those places where its properties will be located and to take those goods there. take.
12.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged to inform HAJP of this as soon as may reasonably be expected.
12.6 The customer undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection to HAJP on first request.
13. Applicable law / competent court
13.1 Belgian law applies to all agreements.
13.2 Disputes arising from an agreement between HAJP and the buyer, which cannot be resolved by mutual agreement, will be dealt with by the competent court in the Ghent district, unless HAJP prefers the difference to the competent court of the place of residence of the buyer, and with the exception of those disputes that fall within the competence of the Subdistrict Court.