Terms of service
General Terms and Conditions.
of Hesdo, established at 's-Hertogenbosch
Version valid as from 01-06-2013
1. General<1.1 These general terms and conditions apply to all offers of Hesdo B.V. The conditions are accessible to everyone and can be found on the internet site of Hesdo B.V. At request we will send you a written copy. <1.2 By placing an order, you declare to agree to the delivery and payment conditions. Hesdo B.V. reserves the right to change its terms and conditions of delivery and/or payment after the term has expired. <1.3 Unless agreed otherwise in writing, general or specific terms and conditions or stipulations of third parties are not recognised by Hesdo B.V.. <1.4 Hesdo B.V. guarantees that the delivered product fulfils the contract and complies with the specifications stated in the offer.
2.1 Delivery takes place while stocks last.2.2 Within the framework of the rules of distance purchase, Hesdo B.V. will execute orders within 30 days. If this is not possible (because the ordered goods are out of stock or no longer deliverable), or for other reasons there is a delay, or an order can not or only partially be performed, the consumer receives within 1 month after placing the order a message and in that case he has the right to cancel the order without cost and notice.
2.3 The obligation of Hesdo B.V. to deliver will be fulfilled, subject to proof to the contrary, as soon as the goods delivered by Hesdo B.V. are offered to the buyer once. For home deliveries, the report of the carrier, containing the refusal of acceptance, serves as full proof of the offer to deliver. <2.4 All terms mentioned on the internet site are indicative. Therefore no rights can be derived from the terms mentioned.
3.1 Prices will not be increased within the term of the offer, unless statutory measures make this necessary or if the manufacturer introduces interim price increases.3.2 All prices on the site are subject to printing and typesetting errors. For the consequences of misprints and typesetting errors no liability is accepted. 3.3 All prices on the site are in Euros and include 21% VAT except for some products which fall under the 6% VAT rate.
4. Trial period / right of withdrawal<4.1 In the event of a consumer purchase, in accordance with the Dutch Distance Selling Act (Section 7:5 of the Dutch Civil Code), the Customer has the right to return (part of) the goods delivered within a period of 7 working days without giving reasons. This period starts at the moment the ordered goods are delivered. If the purchaser has not returned the delivered goods to Hesdo B.V. at the end of this period, the purchase is a fact. Before proceeding to return the goods, the customer is obliged to report this in writing to Hesdo B.V. within the period of 7 working days after delivery. The purchaser must prove that the delivered goods have been returned in time, for example by means of proof of postal delivery. The goods have to be returned in the original packaging (including accessories and corresponding documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the buyer, the right to dissolution within the meaning of this paragraph shall lapse. With due observance of that which is stipulated in the previous sentence, Hesdo B.V. shall ensure that within 30 days following proper receipt of the returned goods, the full purchase amount including the calculated dispatch costs shall be refunded to the customer. The return of the delivered goods shall be entirely at the expense and risk of the purchaser. <4.2 The right to dissolution, as described in the previous paragraph, only relates to the goods delivered and will in no case relate to services, such as telephone subscriptions of the (mobile) network operators offered by Hesdo B.V.. For the last-mentioned services, whereby Hesdo B.V. only acts as intermediary or agent, the general terms and conditions of the aforementioned network operators shall apply. <4.3 The right of withdrawal does not apply to:
- goods or services of which the price is linked to fluctuations on the financial market over which the supplier has no influence
- goods made to the consumer's specifications, for example custom-made goods, or which have a clearly personal character
- for goods or services that cannot be returned due to their nature, for example because of hygiene or that spoil or age quickly . the supply of newspapers and magazines; for betting and lottery services
6. Guarantee and conformity
6.1 The entrepreneur guarantees that the products and/or services comply with the contract, with the specifications stated in the offer, with the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations on the date of the conclusion of the contract.
6.2 A guarantee provided by the entrepreneur regarding the products and/or services will be honoured.
6.2 Any arrangement offered as a guarantee by the trader, manufacturer or importer does not affect the rights and claims which the consumer may exercise against the trader in respect of a failure in the performance of the trader's obligations by virtue of the law and/or the distance contract.<6.3 The consumer is obliged to check the delivered goods immediately upon receipt. If it turns out that the delivered goods are wrong, unsatisfactory or incomplete, the customer should (before proceeding to return them to Hesdo B.V.) immediately report these defects to Hesdo B.V. in writing. Possible deficiencies or incorrectly delivered goods should and can be reported to Hesdo B.V. in writing at the latest 2 months after delivery. The goods shall be returned in the original packaging (including accessories and corresponding documentation) and in new condition. Use after the discovery of the defect, damage occurring after the discovery of the defect, encumbrance and/or resale after the discovery of the defect, causes this right of complaint and return to lapse completely.
6.4 If complaints from the purchaser are found to be well-founded by Hesdo B.V., Hesdo B.V. shall, at its discretion, either replace the delivered goods free of charge or make a written arrangement with the purchaser about the compensation of the damage, on the understanding that the liability of Hesdo B.V. and therefore the amount of the compensation is limited to the amount of the damage. V. and therefore the amount of compensation is always limited to a maximum of the invoice amount of the goods concerned, or (at the discretion of Hesdo B.V.) to the maximum amount covered by Hesdo B.V.'s liability insurance in the case concerned. Any liability of Hesdo B.V. for any other form of damages is excluded, including additional compensation in whatever form, compensation of indirect damages or consequential damages or damages due to loss of profit. <6.5 Hesdo B.V. is not liable for damages caused by intent or the equivalent of deliberate recklessness by non-managerial personnel.
6.6 This warranty does not apply if: A) and as long as the purchaser is in default towards Hesdo B.V.; B) the purchaser has repaired and/or modified the delivered goods himself or has had them repaired and/or modified by third parties. C) the delivered goods have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the instructions of Hesdo B.V. and/or the instructions for use on the packaging; D) the unsuitability is fully or partially the result of regulations which the government has set or will set with respect to the nature or the quality of the materials applied;
7.1 Offers are without obligation, unless specified otherwise in the offer.
7.2 Upon acceptance of an offer by the Buyer, Hesdo B.V. shall keep the Buyer free of any obligations.
7.2 Should the purchaser accept an offer without obligation, Hesdo B.V. reserves the right to revoke or deviate from the offer within 3 working days of receipt of the acceptance.7.3 verbal offers made by Hesdo B.V. shall be considered as a verbal offer. <7.3 Verbal promises are only binding for Hesdo B.V. after they have been explicitly confirmed in writing.
7.4 Offers of Hesdo B.V. do not also automatically apply to repeat orders.
7.5 Hesdo B.V. cannot be kept to its offer if the purchaser should have understood that the offer, or any part thereof, contains an apparent mistake or error.
7.6 Supplementary provisions
7.6 Additions, changes and/or further agreements are only valid if agreed in writing.
8. Agreement8.1 An agreement between Hesdo B.V. and a customer is effected after an order has been assessed for feasibility by Hesdo B.V.
8.2 Hesdo B.V. has not been able to fulfil an order. <8.2 Hesdo B.V. reserves the right not to accept orders or commissions without giving reasons or only to accept under the condition that the delivery takes place C.O.D. or after payment in advance.
9. Images and specifications9.1 All images; photographs, drawings etc.; including data concerning weights, dimensions, colours, images of labels etc. on the internet site of Hesdo B.V. are only approximate, are indicative and cannot be a reason to pay damages or terminate the agreement.
10. Force majeure 11. Liability 12. Retention of title 12.1 Ownership of all goods sold and delivered by Hesdo B.V. to the purchaser remains with Hesdo B.V. for as long as the purchaser has not paid the claims of Hesdo B.V. pursuant to the contract or previous or subsequent similar contracts, for as long as the purchaser has not paid the work performed or to be performed pursuant to these or similar contracts and for as long as the purchaser has not paid the claims of Hesdo B.V. due to shortcomings in fulfilling the contractual obligations. V. for failure to fulfil such obligations, including claims relating to penalties, interest and costs, all this as referred to in article 3:92 of the Dutch Civil Code.
<12.2 Goods delivered by Hesdo B.V. which fall under the retention of title may only be sold on within the framework of normal business operations and may never be used as a means of payment.
10. Force majeure<10.1 Hesdo B.V. is not liable if and insofar as it is unable to fulfil its obligations due to force majeure. <10.2 Force majeure is understood to be any external cause, as well as any circumstance which should not reasonably be at the risk of Hesdo B.V. Force majeure explicitly includes delays at or failure to perform by our suppliers, internet disruptions, electricity disruptions, e-mail traffic disruptions and disruptions or changes in technology provided by third parties, transport difficulties, strikes, government measures, delays in the supply, negligence by suppliers and/or manufacturers of Hesdo B.V. as well as auxiliary persons, sickness of personnel, defects in auxiliary means or means of transport. <10.3 In the event of force majeure, Hesdo B.V. reserves the right to suspend its obligations and is also entitled to fully or partially dissolve the contract, or to demand that the contents of the contract be changed in such a way that execution remains possible. In no case shall Hesdo B.V. be bound to pay any fine or compensation for damages. <10.4 If Hesdo B.V. has already partially fulfilled its obligations at the start of the force majeure situation or can only partially fulfil its obligations, it shall be entitled to separately invoice the part already delivered or the deliverable part and the purchaser is bound to pay this invoice as if it concerned a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value.
11. Liability<11.1 Hesdo B.V. 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 Hesdo B.V. to the purchaser remains with Hesdo B.V. for as long as the purchaser has not paid the claims of Hesdo B.V. pursuant to the contract or previous or subsequent similar contracts, for as long as the purchaser has not paid the work performed or to be performed pursuant to these or similar contracts and for as long as the purchaser has not paid the claims of Hesdo B.V. due to shortcomings in fulfilling the contractual obligations. V. for failure to fulfil such obligations, including claims relating to penalties, interest and costs, all this as referred to in article 3:92 of the Dutch Civil Code. <12.2 Goods delivered by Hesdo B.V. which fall under the retention of title may only be sold on within the framework of normal business operations and may never be used as a means of payment.<12.3 The buyer is not authorised to pledge or encumber in any other way the goods falling under the retention of title.
12.5 If third parties levy attachment on the goods delivered subject to retention of title or wish to establish or enforce rights to same, the purchaser is obliged to inform Hesdo B.V. thereof as soon as can 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 submit the insurance policy for inspection to Hesdo B.V. upon first request.
13. Applicable law/jurisdiction
13.1 Dutch law shall apply to all agreements.
13.2 Disputes shall be settled by the competent court. 13.2 Disputes arising from an agreement between Hesdo B.V. and the purchaser which cannot be resolved in mutual consultation shall be settled by the competent court of the district of 's-Hertogenbosch, unless Hesdo B.V. prefers to submit the dispute to the competent court of the purchaser's place of residence, with the exception of those disputes which fall under the competence of the subdistrict court.