1.1 Customer: a co-contracting party of Hangloose Company within the meaning of Section 7:231(c) of the Dutch Civil Code (Burgerlijk Wetboek).
1.2 Consumer: a Customer that is a natural person, not acting in the course of a profession or business.
1.3 Hangloose Company: the private limited liability company Hangloose Company B.V., listed in the Trade Register under number 60754257, being the user of these General Terms and Conditions within the meaning of Section 7:231(b) of the Dutch Civil Code.
1.4 Agreement: the totality of arrangements between Hangloose Company and the Customer to which these General Terms and Conditions apply.
1.5 Specifications: the specifications agreed for the products, as set out in the Agreement with the Customer.
2.1 These General Terms and Conditions apply to all offers, orders, quotations, sales and supplies of products to Customers by Hangloose Company.
2.2 If the Agreement is concluded electronically and at a distance, the text of these General Terms and Conditions can be made available to the Customer by electronic means, in such a way that the Customer can easily store them on a permanent data carrier. If this is not possible within reason, Hangloose Company will indicate prior to the conclusion of the Agreement where the General Terms and Conditions can be viewed electronically, and that they will be provided free of charge, by electronic means or otherwise, if the Customer so requests.
2.3 Hangloose Company reserves the right to amend these General Terms and Conditions at any desired moment and without prior notification. However, such an amendment will not apply to orders already been placed by the time when the revised Terms and Conditions are published on Hangloose Company’s website.
3.1 Orders can be placed only by persons aged 18 and above.
3.2 In all cases, the Agreement between Hangloose Company and the Customer will only be formed (i) at the moment when Hangloose Company confirms the content of the Agreement in writing (whether by post or electronically), or (ii) on the day when Hangloose Company starts performing the Agreement, or (iii) at a moment to be further agreed, depending on which of the situations referred to under (i), (ii) and (iii) above occurs first.
3.3 All quotations issued by Hangloose Company in whatever form are free of obligation and only constitute an invitation to the Customer to place an order. Hangloose Company has the right to refuse orders. Once the Customer has placed an order, this order will be binding and cannot be cancelled any more by the Customer.
4. Right of revocation for Consumers
4.1 If the Customer is a Consumer, he will be able to revoke the Agreement within 7 (seven) working days by means of a notification to that effect to Hangloose Company. This period will start on the day after that on which the product is received by or on behalf of the Customer.
4.2 During the period referred to in Paragraph 1, the Customer will handle the product and packaging with due care. He will only unpack or use the product to the extent necessary in order to assess whether or not to retain the product. If the Customer exercises his right of revocation, he will return the product with all the accessories supplied, in the original state and – if reasonably possible – packaging, in conformity with the reasonable and clear instructions provided by Hangloose Company.
4.3 The costs of returning the product will be payable by the Customer.
4.4 If the Customer has paid the purchase price, Hangloose Company will refund this amount within 21 (twenty-one) days of receiving the product returned by the Customer.
All prices are denominated in euro. The prices are the prices published on Hangloose Company’s website at the moment when the Customer places the order, subject to error. The prices published on the website include VAT but exclude shipping costs, which are payable by the Customer. Where applicable, these costs are charged and itemised separately and added to the total amount of the order.
6.1 Payment must be effected in accordance with the payment methods which are set out on Hangloose Company’s website from time to time or have been agreed separately. When paying an invoice, which will either be dispatched electronically or be enclosed with the product, the Customer must effect payment within 14 (fourteen) days of receiving the invoice, unless Hangloose Company has specified a different period.
6.2 In the event of overdue payment, Hangloose Company will have the right: 1) to charge statutory interest on the full amount owed from the date when payment should have been effected until the date when Hangloose Company receives the amount owed, without any notice of default or notification being required; and 2) following notice of default, to assign the debt to a third party for collection. The Customer will reimburse all the costs incurred by Hangloose Company and this third party in order to collect the amount owed, including costs of legal assistance, costs of proceedings and extrajudicial costs, the latter being at least 15 (fifteen) percent of the outstanding sum, with a minimum of EUR 250 + VAT. A notice of default may be sent by electronic means if the Customer has opted for electronic payment.
7.1 Orders placed via Hangloose Company’s website can be delivered only in the EU.
7.2 The dates of delivery and dispatch provided by Hangloose Company are only indicative dates, and Hangloose Company will never be liable for any loss, damage or costs if deliveries are not made in accordance with the stated dates of delivery and dispatch. If one or more products ordered are not in stock, this may cause the entire order to be delayed. In that event, Hangloose Company will notify the Customer separately of this delay, giving an estimate of the expected delivery period. Hangloose Company will in any case deliver the products within 30 (thirty)[Att - NE2] days of the order being placed, unless a longer delivery period has been agreed.
7.3 The ownership and risk of loss of the products will pass to the Customer when the products are delivered, unless agreed otherwise.
7.4 Hangloose Company is entitled to demand what it considers to be sufficient security from the Customer before implementing the Agreement, for example by requesting payment in advance.
8. Warranty and liability
8.1 Hangloose Company warrants that the articles comply with the Agreement, with the Specifications stated in the offer and with the reasonable requirements of soundness and/or suitability of the product. Where applicable, the products supplied by Hangloose Company will be subject to general warranty conditions. This is the warranty specified by the manufacturer or importer of the products.
8.2 The colours and designs of the products as shown on the screen may differ from the actual appearance or size of the products offered on the website.
8.3 All relevant claims under general warranty conditions for products must be filed in accordance with those conditions. Customers other than Consumers must first submit their warranty claims directly to the manufacturer.
8.4 Any defects must be reported by the Customer to Hangloose Company within a reasonable period, whereby Customers other than Consumers must do so within a period of 30 (thirty) days of receiving the products. If the defects were reported in time, Hangloose Company will, at its discretion, repair the defects or replace the products free of charge, unless the occurrence of these defects is attributable to the Customer or the Agreement already provides for an arrangement on this point. In the event that a product is replaced, the costs of returning the defective product will be payable by the Customer. This will not apply if Hangloose Company makes products available to a Consumer.
8.5 Without prejudice to the provisions of this article, there will be no warranty obligations for Hangloose Company: (i) in the event of normal wear and tear of the product; (ii) if alterations were made in or to the product, in such a way that the product no longer complies with the Specifications; (iii) if defects in the product are due to its being used otherwise than in accordance with its intended use or in an improper manner; (iv) if the product was damaged due to an intentional act, gross negligence or inadequate maintenance on the part of the Customer.
8.6 Hangloose Company is not liable for loss of income, profits, agreements or data or for consequential, indirect or other damage, irrespective of the origin of such damage and irrespective of whether it was caused by an unlawful act, breach of contract or otherwise. Hangloose Company’s maximum total liability under the Agreement, irrespective of whether it was caused by an unlawful act, breach of contract or otherwise, will under no circumstance exceed the amount payable by the Customer to Hangloose Company with regard to the products in question.
8.7 In derogation from Article 8.6, no part of these General Terms and Conditions or the Agreement with the Customer will exclude or limit Hangloose Company’s liability (i) for death or physical injury due to negligence on the part of Hangloose Company; (ii) in the event of an intentional act or deliberate recklessness on the part of Hangloose Company or Hangloose Company’s senior staff; (iii) in the event of liability that cannot be excluded by law.
If the Customer has any questions or complaints in respect of an order or delivery of products, he can contact Hangloose Company.
10. Data protection
All relationships between Hangloose Company and the Customer are governed exclusively by Dutch law. All disputes between Hangloose Company and the Customer arising from or relating to the Agreement or the General Terms and Conditions will be submitted to the competent court of The Hague. The applicability of the United Nations Convention on International Sale of Goods (CISG) is hereby expressly excluded.
The Hague, .. April 2016