General Terms and Conditions Higestone Nederland
https://higestone.nl
General terms and conditions based on model terms and conditions from WebwinkelKeur.
Table of Contents
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal; Read all
about the cooling-off period
2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into
a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, where the delivery
and/or purchase obligation is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed
personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off
period;
7. Model form: the model form for withdrawal that the entrepreneur makes available for a consumer to complete
when they wish to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
9. Distance contract: a contract in which, within the framework of a system organised by the entrepreneur for the
distance selling of products and/or services, up to and including the conclusion of the contract, only one or more
techniques for distance communication are used;
10. Technique for distance communication: means that can be used for concluding a contract, without the
consumer and entrepreneur being simultaneously in the same room.
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Higestone Nederland
Waterlelie 16
3907HH Veenendaal
Netherlands
T
E info@higestone.nl
COC 84379308
VAT number NL003186181B69
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract
concluded and orders placed between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to
the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that
the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the
consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance
contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically
in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before
the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically
and that they will be sent to the consumer free of charge electronically or otherwise upon request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second
and third paragraphs apply mutatis mutandis, and in case of conflicting general terms and conditions, the consumer can
always invoke the applicable provision that is most favorable to them.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void
or annulled, the agreement and these terms and conditions will remain otherwise in effect and the relevant
provision will be replaced immediately by mutual agreement by a provision that approximates the intent of the
original as much as possible.
6. Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general
terms and conditions.
7. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should
be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
1. If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The
description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur
uses images, these are a true representation of the products and/or services offered. Obvious mistakes or
obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution
of the agreement.
5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the
displayed colors exactly match the real colors of the products.
6. Every offer contains such information that it is clear to the consumer what the rights and obligations are that
are attached to accepting the offer. This concerns in particular:
the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and performance of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the level of the rate for distance communication if the costs for using the technique for distance
communication are calculated on a basis other than the regular basic rate for the communication method used;
whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data
provided by him in the context of the agreement;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult
these codes of conduct electronically; and
the minimum duration of the distance agreement in the case of a duration transaction.
Article 5 - The agreement
1. The agreement, subject to the provisions of paragraph 4, is concluded at the moment the consumer accepts the
offer and fulfills the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the
acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the
entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational
measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can
pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can - within legal frameworks - inquire whether the consumer can meet his payment
obligations, as well as all facts and factors that are important for a responsible conclusion of the distance
agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he
is entitled to refuse an order or request with reasons, or to attach special conditions to its execution.
5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in
such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear
statement regarding the exclusion of the right of withdrawal;
information about guarantees and existing after-sales service;
the information included in article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has
already provided this information to the consumer before the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of
indefinite duration.
6. In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
7. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
Upon delivery of products:
1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for
14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a
representative designated in advance by the consumer and made known to the entrepreneur.
2. During the cooling-off 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 whether he wishes to keep the product. If he exercises his
right of withdrawal, he will return the product with all supplied accessories and - if reasonably possible - in its
original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions
provided by the entrepreneur.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur
within 14 days of receiving the product. The consumer must make this known via the model form or by means of
another communication method, such as email. After the consumer has indicated that he wishes to exercise his
right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the
delivered goods have been returned on time, for example by means of a proof of shipment.
4. If, after the expiry of the periods mentioned in paragraphs 2 and 3, the customer has not indicated that he wishes
to exercise his right of withdrawal, or has not returned the product to the entrepreneur, the purchase is a fact.
For services:
1. In the case of services, the consumer has the option to dissolve the agreement without stating reasons for at
least 14 days, starting on the day of entering into the agreement.
2. To exercise his right of withdrawal, the consumer will adhere to the reasonable and clear instructions provided by
the entrepreneur with the offer and/or at the latest upon delivery.
Article 7 - Costs in case of withdrawal
1. The consumer bears the direct costs of returning the product.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later
than 14 days after withdrawal. This is subject to the condition that the product has already been received back by
the web retailer or conclusive proof of complete return can be submitted. Reimbursement will be made via the
same payment method used by the consumer unless the consumer explicitly gives permission for another payment
method.
3. In case of damage to the product due to careless handling by the consumer, the consumer is liable for any
reduction in the value of the product.
4. The consumer cannot be held liable for a reduction in the value of the product if the entrepreneur has not
provided all legally required information about the right of withdrawal, this must be done before the conclusion of
the purchase agreement.
Article 8 - Exclusion of the right of withdrawal
1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and
3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at
least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
that have been created by the entrepreneur in accordance with the consumer's specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygiene products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, catering, or leisure activities to be performed on a specific date or
during a specific period;
the delivery of which has commenced with the express consent of the consumer before the cooling-off period
has expired;
concerning betting and lotteries.
Article 9 - The price
1. During the validity period stated in the offer, the prices of the products and/or services offered will not be
increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are
subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable
prices. This link to fluctuations and the fact that any stated prices are target prices, will be mentioned in the
offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of
statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has
stipulated this and:
these are the result of statutory regulations or provisions; or
the consumer has the right to terminate the agreement with effect from the day on which the price increase
takes effect.
5. The prices stated in the offer of products or services include VAT.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing
and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver
the product according to the incorrect price.
Article 10 – Conformity and Warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
3. The statutory warranty applies to all products. The duration of the statutory warranty may vary based on the nature of the product.
4. For Higestone Nederland hand dryers, a warranty period of 1 year from the delivery date applies, unless otherwise stated.
5. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovering the defect.
6. The warranty does not apply if: the consumer or a third party has performed repairs or modifications without the entrepreneur's permission;
- The delivered products have been exposed to abnormal conditions, have been installed incorrectly, or have not been treated according to the instructions for use;
- The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
7. Limitation of liability: Higestone Nederland is not liable for any form of indirect damage, incidental or consequential damage, including but not limited to loss of profit, business interruption, loss of data, or other economic damage, unless there is intent or gross negligence on the part of Higestone Nederland.
8. The liability of Higestone Nederland remains in all cases limited to the invoice amount of the product concerned.
Article 11 - Delivery and execution
1. The entrepreneur will observe the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will receive a message about this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. It will be clearly and understandably stated upon delivery that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the account of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and to the entrepreneur known representative, unless expressly agreed otherwise.
Article 12 - Long-term transactions: duration, termination and extension
Termination
1. The consumer can terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period with due observance of the agreed termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs:
at any time and not be limited to termination at a specific time or in a specific period;
terminate at least in the same way as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension
1. An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
2. Notwithstanding the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
3. An agreement entered into for a definite period and which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for acquaintance (trial or introductory subscription) will not be tacitly continued and ends automatically after the trial or introductory period.
Duration
1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.
2. The consumer has the duty to report inaccuracies in provided or stated payment data to the entrepreneur without delay.
3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
5. In case of complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with WebwinkelKeur and in case of complaints that cannot be resolved by mutual agreement, the consumer must turn to WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check if this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution has still not been reached, the consumer has the option to have his complaint handled by the independent dispute committee appointed by WebwinkelKeur, whose decision is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that must be paid by the consumer to the relevant committee.
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.
2. The Vienna Sales Convention (CISG) does not apply.
3. In case of disputes that cannot be resolved by mutual agreement or via WebwinkelKeur, the court in the district where Higestone Nederland is located has jurisdiction, unless the law mandatorily prescribes otherwise.
4. Higestone Nederland is not liable for indirect, incidental, or consequential damages arising from or related to the agreement.
Article 16 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
