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General Terms and Conditions of HJ de Rooy Lederwaren BV, established at Waalwijk
1.1 These general terms and conditions apply to all offers made by HJ de Rooy / Sweet Collections. The terms and conditions are accessible to all and included on the HJ de Rooy / Sweet Collections website. We will send you a written copy on request.
1.2 By completing an order, you acknowledge that you agree with the delivery and payment terms and conditions. HJ de Rooy / Sweet Collections 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 terms and conditions or stipulations of third parties are not recognized by HJ de Rooy / Sweet Collections.
1.4 HJ de Rooy / Sweet Collections guarantees that the product delivered is in accordance with the agreement and meets the specifications stated in the offer.
2.1 Delivery takes place as long as stocks last.
2.2 Within the framework of the rules of distance selling, HJ de Rooy / Sweet Collections will execute orders within at least 30 days. If this is not possible (because the goods ordered are out of stock or no longer available), or there is a delay for other reasons, or an order cannot be carried out in full or in part, the consumer will be informed within 1 month of placing the order and in that case has the right to cancel the order without any costs or notice of default.
2.3 Barring proof to the contrary, HJ de Rooy / Sweet Collections’ obligation to deliver is met as soon as the items delivered by HJ de Rooy / Sweet Collections have been offered to the customer once. In the event of home delivery, the carrier’s report containing the refusal to accept the goods shall constitute full proof of the offer to deliver.
2.4 All periods mentioned on the internet site are indicative. No rights can therefore be derived from the periods stated.
3.1 Prices will not be increased during the term of the offer, unless legal 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. No liability is accepted for the consequences of misprints and typesetting errors.
3.3 All prices on the site are in Euros and include 21% VAT with the exception of countries outside the EU.
4. Trial period / right of withdrawal
4.1 In the case of a consumer purchase, in accordance with the Distance Selling Act (artikel 7:5 BW), the customer shall be entitled to return (part of) the goods delivered within a period set by law without stating reasons. This period commences at the moment that the ordered goods are delivered. If, at the end of this period, the purchaser has not returned the goods to HJ de Rooy / dR Amsterdam, the sale shall be a fact. The purchaser is obliged, before proceeding to return the goods, to report this to HJ de Rooy / dR Amsterdam in writing within the statutory period after delivery. The purchaser must prove that the delivered goods have been returned in time, for instance by means of a proof of postal delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Indien de zaken bij de afnemer zijn gebruikt, bezwaard of op enige wijze beschadigd zijn geraakt, vervalt het recht op ontbinding in de zin van dit lid. With due observance of the provisions of the previous sentence, HJ de Rooy / Sweet Collections will ensure that the full purchase amount, including the shipping costs charged, will be refunded to the customer within 30 days of the return shipment being received correctly. The return of the delivered goods is entirely at the expense and risk of the buyer.
4.2 The right of rescission, as described in the previous paragraph, applies only to the goods supplied and shall in no case apply to services, such as telephone subscriptions from the (mobile) network operators offered by HJ de Rooy / Sweet Collections. The latter services, whereby HJ de Rooy / Sweet Collections ping right does not apply:
· services of which the execution, with the agreement of the consumer, has started before the period of seven working days
· goods or services whose price is subject to fluctuations in 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 nature
· for goods or services which, by their nature, cannot be returned, e.g. for reasons of hygiene or which are liable to deteriorate or expire rapidly
· audio and video recordings and computer software of which the consumer has broken the seal
· the supply of newspapers and magazines; for the provision of betting and lottery services
4.4 Model form: download the model form here.
5. Data management
5.2 HJ de Rooy / Sweet Collections respects the privacy of the users of the internet site and will ensure that your personal details are treated confidentially.
5.3 In some cases, HJ de Rooy / Sweet Collections makes use of a mailing list. 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, with the specifications stated in the offer, with the reasonable requirements of reliability and/or serviceability and with the existing statutory provisions and/or government regulations on the date that the agreement was concluded.
6.2 Any arrangement offered as a guarantee by the trader, manufacturer or importer shall not affect the rights and claims the consumer may exercise against the trader in respect of any shortcoming in the performance of the trader’s obligations pursuant to the law and/or the distance contract.
6.3 The buyer is obliged to check the delivered goods immediately upon receipt. If it turns out that the delivered goods are wrong, defective or incomplete, the buyer should (before proceeding to return the goods to HJ de Rooy / Sweet Collections) immediately notify HJ de Rooy / Sweet Collections of these defects in writing. Any defects or faulty goods delivered should and can be reported to HJ de Rooy / Sweet Collections in writing no later than 2 months after delivery. The goods must be returned in the original packaging (including accessories and accompanying 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 invalidate this right to complain and to return the goods.
6. 4 If HJ de Rooy / Sweet Collections finds that the purchaser’s complaints are justified, HJ de Rooy / Sweet Collections shall, at its own discretion, either replace the delivered goods free of charge or make a written arrangement with the purchaser regarding compensation, on the understanding that HJ de Rooy’s / Sweet Collections’ liability, and therefore the amount of compensation, is always limited to a maximum of the invoice amount for the goods in question, or (at HJ de Rooy / Sweet Collections’ discretion) to the maximum amount covered by HJ de Rooy / Sweet Collections’ liability insurance in the case concerned. Any liability on the part of HJ de Rooy / Sweet Collections for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or loss of profits.
damage or consequential loss or damage due to loss of profit.
6.5 HJ de Rooy / Sweet Collections is not liable for any damage caused by intent or equivalent recklessness on the part of non-managerial staff.
6.6 This guarantee does not apply if: A) and for as long as the purchaser is in default vis-à-vis HJ de Rooy / dR Amsterdam; 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 without due care or contrary to the instructions of HJ de Rooy / Sweet Collections and/or the instructions for use contained in the packaging; D) the defectiveness is wholly or partially the result of regulations laid down or to be laid down by the government regarding the nature or quality of the materials used;
7.1 Offers are without obligation, unless stated otherwise in the offer.
7.2 If a non-binding offer is accepted by the buyer, HJ de Rooy / Sweet Collections reserves the right to revoke or amend the offer within 3 working days of receipt of such acceptance.
7.3 Verbal undertakings only bind HJ de Rooy / Sweet Collections after they have been explicitly confirmed in writing.
7.4 Offers made by HJ de Rooy / Sweet Collections do not automatically apply to repeat orders.
7.5 HJ de Rooy / Sweet Collections cannot be bound by its offer if the buyer should have understood that the offer, or any part thereof, contained an obvious mistake or error.
7.6 Supplements, amendments and/or further agreements shall only be effective if agreed in writing.
8.1 An agreement between HJ de Rooy / Sweet Collections and a customer comes into effect after an order is assessed for feasibility by HJ de Rooy / Sweet Collections.
8.2 HJ de Rooy / Sweet Collections reserves the right, without giving reasons, not to accept orders or assignments or to accept them only on the condition that they are sent C.O.D. or paid in advance.
9. Images and specifications
9.1 All images, photographs, drawings etc., including data regarding weights, dimensions, colours, images of labels etc. on the website of HJ de Rooy / Sweet Collections are approximations only, are indicative and may not constitute grounds for compensation or dissolution of the agreement.
10. Force majeure
10.1 HJ de Rooy / Sweet Collections is not liable if and insofar as its obligations cannot be fulfilled due to force majeure.
10.2 Force majeure is understood to mean any strange cause, as well as any circumstance which should not reasonably be at the risk of the company. Force majeure expressly includes delays at or failure to perform by our suppliers, internet disruptions, power failures, e-mail traffic disruptions and disruptions or changes in technology provided by third parties, transport difficulties, strikes, government measures, delays in the supply of goods, negligence on the part of suppliers and/or manufacturers of HJ de Rooy / Sweet Collections as well as auxiliary persons, staff sickness, and defects in auxiliary means or means of transport.
10.3 In the event of force majeure, HJ de Rooy / Sweet Collections 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 contents of the agreement be amended in such a way that performance remains possible. In no event shall HJ de Rooy / Sweet Collections be required to pay any fine or damages.
10.4 If HJ de Rooy / Sweet Collections has already partially fulfilled its obligations when the force majeure occurs, or can only partially fulfil its obligations, it is entitled to separately invoice the part already delivered or the part that can be delivered, and the buyer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value.
11.1 HJ de Rooy / Sweet Collections is not liable for damage to vehicles or other objects caused by misuse of the products. Please read the instructions on the packaging and/or consult our website before use.
12. Retention of title
12. 1 Ownership of all goods sold and delivered by HJ de Rooy / Sweet Collections to the customer shall remain with HJ de Rooy / Sweet Collections for as long as the customer has not paid any amounts owing to HJ de Rooy / Sweet Collections pursuant to the agreement or any previous or subsequent similar agreements, for as long as the customer has not paid the work performed or to be performed pursuant to these or similar agreements and for as long as the customer has not paid HJ de Rooy / Sweet Collections’ claims arising from failure to perform such obligations, including claims relating to penalties, interest and costs, all as referred to in article 7 of these General Terms and Conditions. 3:92 BW.
12.2 Goods delivered by HJ de Rooy / Sweet Collections which are subject to 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 customer is not authorised to pledge or encumber in any other way the goods falling under the retention of title.
12.4 The customer hereby unconditionally and irrevocably permits HJ de Rooy / Sweet Collections or a third party to be appointed by HJ de Rooy / Sweet Collections, in all cases in which HJ de Rooy / Sweet Collections wishes to exercise its property rights, to enter all those premises where its property will be located and to take those goods with it.
12.5 If third parties levy attachment on the goods delivered subject to retention of title or wish to establish or assert rights thereon, the customer is obliged to inform HJ de Rooy / Sweet Collections thereof as soon as can reasonably be expected.
12.6 The buyer undertakes to insure the items 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 by HJ de Rooy / Sweet Collections on demand.
13. Applicable law/jurisdiction
13.1 Dutch law shall apply to all agreements.
13.2 Disputes arising from an agreement between HJ de Rooy / Sweet Collections and the purchaser which cannot be resolved by mutual consultation shall be referred to the competent court within the district where HJ de Rooy Lederwaren BV has its registered office, unless HJ de Rooy / Sweet Collections prefers to refer the dispute to the competent court in the purchaser’s place of residence, with the exception of disputes that fall under the jurisdiction of the subdistrict court.
14.1. You are a consumer residing in the Netherlands and have purchased products and/or services as a customer of HJ de Rooy / Sweet Collections with an invoice and delivery address (not a PO Box) in the Netherlands.
14.2. You are 18 years or older.
14.3. In order to limit the financial risks of this payment option, your order will be tested by an affiliated institution. Based on this verification, it will be determined whether HJ de Rooy / Sweet Collections will accept your request for payment in arrears. If this is not the case, you will be asked to pay for the order via another payment option in advance.
14.4. You declare that all (additional) data required for the application of your retrospective payment request have been submitted correctly and completely and give your consent to process your data and verify them online, so that we can let you know immediately whether your application has been accepted.
14.5. You are obliged to inform HJ de Rooy / Sweet Collections of any change of address and/or e-mail. As long as we have not received any change of address from you, you will be deemed to be residing at the last address known to us. Regardless of whether or not you notify us of a change of address and/or e-mail, you shall remain obliged to pay the outstanding balance. Address and/or e-mail changes can be submitted via the HJ de Rooy / dR Amsterdam website by e-mail or in writing to the Customer Service of HJ de Rooy / Sweet Collections.
14.6. You declare that you have not applied for a suspension of payments or are under debt rescheduling (in accordance with the Natural Persons Debt Rescheduling Act), have not been declared bankrupt or placed under guardianship and are not involved in any proceedings which might result in bankruptcy, a suspension of payments or placement under guardianship.
15. Subsequent payment option general: method of payment (if offered as payment method)
15.1. HJ de Rooy / Sweet Collections has outsourced the processing of your payment If your application is accepted, you will receive, on behalf of or on the instructions of HJ de Rooy / Sweet Collections, an email with a payment link, in addition to the (digital) invoice. Both the invoice and the email with the payment link will state how you should pay the invoice (after receipt of the goods and/or services).
15.2. You acknowledge that the payment service offers services for the processing of online payments from you to HJ de Rooy / Sweet Collections and that, in that respect, the payment service displays and/or will display notifications and actions on behalf of HJ de Rooy / Sweet Collections, which as such is also recognized by you as a valid and correct notification, communication and/or action by or on behalf of HJ de Rooy / Sweet Collections.
15.3. The aforementioned invoice states how you should pay the invoice (after receipt of the goods and/or services). For your convenience, you will also receive an e-mail from the payment service with a payment link, which you can use to pay the invoice. Always pay on time according to the instructions on the invoice or via the payment link email. In this way, you will avoid extra costs that will be charged to you if the payment term is exceeded.
15.4. To receive the payment link e-mail, it is important that you provide a correct e-mail address. If you enter an incorrect e-mail address, you will not receive any payment information via the payment link e-mail. You should therefore check that the e-mail address you provide is correct and that you receive a payment link e-mail from the relevant payment service.
16. Subsequent payment option: payment terms and payment period
16.1 The amount due for your purchases must be received in full, without any deductions or set-offs, by the relevant payment service within a period of fourteen (14) days from the invoice date.
16.2. If you have not paid the full invoice amount within fourteen (14) days of the invoice date, you will be in default without further notice.
16.3. If the payment term is exceeded, HJ de Rooy / Sweet Collections is entitled to charge a fee for extrajudicial collection costs (surcharges). These surcharges may amount to the statutory maximum compensation for extrajudicial collection costs. After the surcharges have been imposed, you must immediately pay the entire invoice amount as well as the surcharge(s) in order to avoid further (extra)judicial collection costs.
16.4. The e-mail address provided by you and verified by you for accuracy shall be used to send payment reminders and charge surcharges when the payment deadline is exceeded. You will receive an email with a payment link. If you do not or cannot receive an email, you are still responsible for paying the full invoice amount and surcharges on time.
16.5. If, in spite of demands and/or reminders, you do not pay the full amount (invoice amount and surcharges), HJ de Rooy Lederwaren shall, in accordance with these general terms and conditions, transfer the entire claim against you (principal amount and surcharges and otherwise) thirty-five (35) days after the invoice date to the relevant payment service.
16.6. If a claim is transferred to the relevant payment service, you shall, in addition to paying the full amount owed, be obliged to pay the statutory maximum compensation for extrajudicial collection costs and any judicial collection costs, and statutory interest shall be payable on the amount owed from the due date. After transfer, the relevant payment service After the transfer, the relevant payment service will contact you to find out how you can pay and you are and shall remain obliged to pay the amount then owed.
16.7. After transfer of the claim, you are obliged to inform the relevant payment service (or the collection agency engaged by it) of any change of address and/or e-mail during the period that you are obliged to pay the amount due. As long as they have not received a change of address from you, you will be deemed to be residing at the last address known to us and you will continue to be obliged to pay the amount due at that time. Notification of address and/or e-mail changes to the relevant payment service can be done in writing. The address details can be found on the website under the logo of the relevant payment service.
16.8. If you do not pay the full amount (invoice amount and surcharges) or do not pay it in full or on time, this may affect any subsequent retrospective payment application by the relevant payment service.
17. Privacy Statement of the relevant payment service
By choosing the retrospective payment option, the data you have entered and your payment experience(s) will be recorded in the database of the relevant payment service. They can use this information, whether or not in statistical form, to check your creditworthiness and accept your application for the post-payment option.
On request, you will receive written notification stating the reasons why the relevant payment service refused your request.
18.1. The website of HJ de Rooy / Sweet Collections places cookies. Cookies are small text files that are placed on a PC, tablet or mobile phone by an internet page. These cookies are used to improve the functioning of HJ de Rooy / Sweet Collections’ website and to monitor web visits, enabling HJ de Rooy / Sweet Collections to ascertain how many people have visited the website in a given period. HJ de Rooy / Sweet Collections only uses this data in aggregate and cannot trace it back to a PC or individual.
18.2. Google Analytics is a web analysis service offered by Google Inc. Through these cookies, HJ de Rooy / Sweet Collections gains insight into its website visits. Think of visitor numbers, popular pages and subjects. This enables HJ de Rooy / Sweet Collections to better attune its communication to the needs of the website visitors. HJ de Rooy / Sweet Collections cannot see who visits its website (which PC). Google, as the service provider, can.
18.3. Social Media. If you are logged on to Facebook, Facebook may place cookies on your PC via HJ de Rooy / Sweet Collections which are necessary for liking messages and updating your status.