- Huychman: Hugo Mak, established in Kortenhoef under CoC No 71674276.
- Customer: the person with whom Huychman has an agreement
- Parties: Huychman and customer
- Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
- These conditions apply to all offers, quotations, work, orders, agreements and deliveries of services or products by or on behalf of Huychman.
- Parties can only deviate from these terms and conditions if they have explicitly agreed this in writing.
- Parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the client or third parties.
- All prices used by Huychman are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
- All prices that Huychman uses for its products or services, on its website or that have been made known otherwise, Huychman may change at any time.
- Increases in the cost prices of products or parts thereof, which Huychman could not foresee at the time the offer was made or the agreement was concluded, may cause price increases.
- The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless parties have explicitly agreed that the products to be delivered correspond with the sample or model.
Consequences of failure to pay on time
- If the client does not pay within the agreed term, Huychman is entitled to charge interest of 1% per month from the day the client is in default, whereby part of a month will be counted as a whole month.
- When the client is in default, he will also owe Huychman extrajudicial collection costs and possible compensation for damages.
- The collection costs are calculated on the basis of the Resolution of compensation of extrajudicial
- If the client does not pay on time, Huychman may suspend its obligations until the client has fulfilled its payment obligation.
- In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the client, Huychman's claims against the client are immediately due and payable.
- If the customer refuses to cooperate in the execution of the agreement by Huychman, he is still obliged to pay the agreed price to Huychman.
Right of complaint
- As soon as the customer is in default, Huychman is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
- Huychman will invoke the right of complaint by means of a written or electronic communication.
- As soon as the client has been informed of the invoked right of complaint, the client must immediately return the products to which this right relates to, unless the parties agree otherwise.
- The costs of retrieving or bringing back the products will be at the expense of the client.
Right of withdrawal
- A consumer may cancel an online purchase during a 14-day period without giving a reason, provided that:
the product has not been used
it's not a product that can spoil quickly, such as food or flowers
it is not a product specially made or adapted for the consumer
it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.) the seal is still intact in the case of data carriers with digital content (DVDs, CDs, etc.).
the product is not a travel, transport ticket, catering order or form of leisure activity the product is not a separate magazine or newspaper
it does not concern (an order for) emergency repairs
the consumer has not waived his right of withdrawal
- The cooling-off period of 14 days referred to in paragraph 1 shall commence:
on the day after the consumer has received the last product or part of 1 order as soon as the consumer has received the first product with a subscription
as soon as the consumer has purchased a service for the first time
as soon as the consumer has confirmed that he is going to purchase digital content over the Internet
- Consumers can exercise their right of withdrawal via [email protected], if desired using the withdrawal form that can be downloaded from Huychman's website, huychman.com.
- The consumer is obliged to return the product to Huychman within 14 days after having made known his right of withdrawal, failing which his right of withdrawal will become void.
- The costs for returns will only be borne by Huychman if the complete order is returned.
- If the purchase costs and any other costs (such as shipping and return costs) are eligible for a refund according to the law, Huychman will refund these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Huychman on time.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the fulfilment of any obligation arising from this agreement.
Right of retention
- Huychman may invoke its right of retention and in that case keep the customer's products in its possession until the customer has paid all invoices in respect of Huychman, unless the customer has provided sufficient security for those costs.
- The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Huychman.
- Huychman will never be liable for any damage that the client may suffer as a result of using his right of retention.
Unless the customer is a consumer, the customer waives his right to set off a debt to Huychman against a claim against Huychman.
Retention of title
- Huychman shall remain the owner of all delivered products until the customer has fully complied with all his payment obligations towards Huychman on the basis of any agreement concluded with Huychman, including claims relating to failure to perform.
- Until that time, Huychman may invoke its retention of title and the items
- Before ownership is transferred to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
- If Huychman invokes its retention of title, the agreement is deemed to be dissolved and Huychman is entitled to claim damages, loss of profit and interest.
- Delivery takes place as long as stocks last.
- Delivery takes place at Huychman, unless parties have agreed otherwise.
- Delivery of products ordered online will take place to the address indicated by the client.
- If the agreed amounts are not paid or not paid on time, Huychman has the right to suspend its obligations until the agreed part has been paid.
- In the event of late payment, Huychman will be in default of creditors, with the result that the client cannot object to a late delivery to Huychman.
- The delivery times stated by Huychman are indicative and do not entitle the client to dissolution or compensation for damages if they are exceeded, unless parties have explicitly agreed otherwise in writing.
- The delivery time commences at the moment that the client has completed the (electronic) ordering process and has received an (electronic) confirmation from Huychman.
- Exceeding the stated delivery time does not give the client the right to compensation or the right to dissolve the agreement, unless Huychman is unable to deliver within 14 days after being reminded to do so in writing or the parties have agreed otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Transport costs are for the account of the customer, unless parties have agreed otherwise.
Packaging and shipping
- If the packaging of a delivered product has been opened or damaged, the customer must have a note made of this by the forwarder or deliveryman before receiving the product, for which Huychman cannot be held liable for any damage.
- If the client takes care of the transport of a product himself, he must report any visible damage to the products or the packaging to Huychman prior to transport, for which Huychman cannot be held liable for any damage.
- If the customer orders products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
- Any additional costs as a result of premature or delayed purchase of products shall be entirely at the expense of the customer.
- The warranty with respect to products only applies to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the case of normal wear and tear and damage resulting from accidents, modifications made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the moment they are legally and/or actually delivered, or at least come under the control of the customer or of a third party who takes delivery of the product for the customer.
- Exchange is only possible if the following conditions are met:
Exchange takes place within 14 days after purchase on presentation of the original invoice.
the product is returned in its original packaging or with the original (price) tags still attached.
the product has not yet been used
- Discounted items, non-durable items such as groceries, custom-made items or items specially adapted for the customer cannot be exchanged.
The client indemnifies Huychman against all claims of third parties related to the products and/or services delivered by Huychman.
- The customer must examine a product or service provided by Huychman as soon as possible for any shortcomings.
- If a product delivered or service provided does not meet what the client could reasonably expect from the agreement, the client must inform Huychman of this as soon as possible, but in any case within 1 month after the shortcomings have been discovered.
- Consumers must inform Huychman of this within 2 months at the latest after discovery of the shortcomings.
- The client will provide as detailed a description as possible of the shortfall, so that Huychman is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to work in progress, this cannot in any case result in Huychman being obliged to perform work other than that agreed upon.
Notice of default
- The customer must notify Huychman in writing of any notice of default.
- It is the customer's responsibility that a notice of default actually reaches Huychman (on time).
Liability of the client
If Huychman enters into an agreement with several clients, each of them will be jointly and severally liable for the full amounts owed to Huychman on the basis of that agreement.
Liability of Huychman
- Huychman shall only be liable for any damage suffered by the client if and insofar as such damage was caused by intent or deliberate recklessness.
- If Huychman is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
- Huychman is never liable for indirect damage, such as consequential damage, loss of profit, missed savings or damage to third parties.
- If Huychman is liable, this liability is limited to the amount paid out by a (professional) liability insurance taken out and in the absence of (full) payment of the damage amount by an insurance company, the liability is limited to the (part of the) invoice amount to which the liability relates.
- All images, photographs, colours, drawings, descriptions on the website or in a catalogue are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Any right of the client to compensation from Huychman expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Right of dissolution
- The customer has the right to dissolve the agreement when Huychman imputably fails to fulfil its obligations, unless this failure does not justify the dissolution in view of its special nature or minor importance.
- If fulfilment of the obligations by Huychman is not permanently or temporarily impossible, then dissolution can only take place after Huychman is in default.
- Huychman has the right to dissolve the agreement with the client if the client does not fulfil his obligations under the agreement fully or on time, or if Huychman has become aware of circumstances that give him good reason to fear that the client will not be able to fulfil his obligations properly.
- In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming on the part of Huychman in the fulfilment of any obligation towards the customer cannot be attributed to Huychman in a situation independent of the will of Huychman, as a result of which the fulfilment of his obligations towards the customer is wholly or partially prevented or as a result of which the fulfilment of his obligations cannot reasonably be required of Huychman.
- The force majeure situation referred to in paragraph 1 also includes - but is not limited to - a state of emergency (such as civil war, uprising, riots, natural disasters, etc.); default and force majeure on the part of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecoms failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a force majeure situation occurs as a result of which Huychman is unable to fulfil 1 or more obligations to the client, those obligations will be suspended until Huychman is able to fulfil them again.
- From the moment that a situation of force majeure has lasted for at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
- Huychman does not owe any compensation in a situation of force majeure, not even if it enjoys any benefit as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the contract for its performance, it appears necessary to amend or supplement its content, the parties shall, in good time and by mutual agreement, amend the contract accordingly.
Amendment of general terms and conditions
- Huychman is entitled to amend or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- Huychman will discuss major changes of content with the client in advance as much as possible.
- Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
- Customer rights from an agreement between the parties cannot be transferred to third parties without the prior written consent of Huychman.
- This provision applies as a clause with effect under property law as referred to in Article 3:83(2) of the Dutch Civil Code.
Consequences of nullity or voidability
- If one or more provisions of these general terms and conditions prove to be null and void or voidable, this shall not affect the other provisions of these terms and conditions.
- A provision that is null and void or voidable shall in that case be replaced by a provision that comes closest to what Huychman had in mind when drawing up the terms and conditions on that point.
Applicable law and competent court
- Any agreement between the parties shall be governed exclusively by Dutch law.
- The Dutch court in the district where Huychman has its registered office/practice/offices shall have exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.
Drawn up on 03/12/2019.