Terms and Conditions Heinen Delfts Blauw – Consumer Purchase
Article 1 – Areas of application
In these terms and conditions, "Heinen Delfts Blauw" means:
- The private company, Heinen Delftware Trading B.V.;
- Having its registered office in Amsterdam, the Netherlands;
- The main office is located at the address: Industrieweg 7, 3881 LB Putten, the Netherlands;
- Registration in the Trade Register with Chamber of Commerce number: 70420742;
- VAT number: NL 8583 11 781 B01;
These general terms and conditions apply to every distance contract that has been concluded - via, for example, an order placed by the customer (hereinafter: "buyer") placed at Heinen Delfts Blauw via www.heinendelftsblauw.nl - and delivery between Heinen Delfts Blauw and the buyer, in the capacity of a natural person and not acting in the exercise of a profession or business.
A reference by the buyer to his own general or purchasing conditions and the applicability thereof, is expressly rejected by Heinen Delfts Blauw.
By placing an order, the buyer accepts to be bound by these general terms and conditions and the buyer declares that these terms and conditions were available to him in such a way that he has been able to save them and make them accessible for later access. He also declares that he has read and understands the terms and conditions.
The general conditions can be sent on request, and the conditions can also be consulted at any time on the above-mentioned website.
Article 2 – Realization agreement
The agreement is concluded at the time of receipt by Heinen Delfts Blauw of the acceptance of the offer by the buyer, by placing an order with Heinen Delfts Blauw.
Heinen Delfts Blauw reserves the right to not accept orders (in part) without stating reasons.
The buyer guarantees that the provided (name and address) data in the context of the agreement are correct, complete and up-to-date. The buyer is obliged to immediately report any inaccuracies in payment data provided or stated to Heinen Delfts Blauw.
Article 3 – Prices and payments
The prices stated in the range of products are (unless stated otherwise) inclusive of any VAT and in Euro, and are subject to printing and typing errors. The prices are exclusive of shipping costs, which are made known separately with the products.
VAT will be taken off to all orders outside of the European Community at the current rate of 21% and 6% on Heinen Delftware items.
The prices mentioned in the previous paragraph will not be increased by Heinen Delfts Blauw after the conclusion of the agreement, unless legal measures make this necessary or if the manufacturer/supplier introduces interim price increases. In that case, the buyer is entitled to dissolve the agreement by means of a written statement to Heinen Delfts Blauw.
For the payment, use can be made of the payment options specified on the website and under the associated conditions.
Article 4 – Images and specifications
All images of products as well as associated specifications, sizes and data as shown on the Heinen Delfts Blauw website are only approximately. The product ultimately delivered to the buyer may differ in color, size and the like from these images or specifications to a certain extent. This does not mean that the product does not comply with the agreement.
Article 5 – Delivery
Heinen Delfts Blauw will take the greatest possible care when receiving and when executing orders. The delivery times stated here and on the website serve as an indication. The buyer cannot derive any rights from these indications and these are not fatal.
The place of delivery is the address that the buyer has made known to Heinen Delfts Blauw.
Heinen Delfts Blauw is entitled to deliver in parts (partial deliveries), which it can invoice separately.
Heinen Delfts Blauw will execute accepted orders with appropriate speed after concluding the agreement, but no later than 30 days thereafter. If the delivery is delayed after these 30 days, the buyer will be notified as soon as possible after Heinen Delfts Blauw notified this. Heinen Delfts Blauw is then in default if it has been given notice of default by the buyer through a reminder whereby Heinen Delfts Blauw is still granted a reasonable period of time to deliver, and if compliance is not forthcoming. In that case, the buyer has the right to dissolve the agreement (in part) free of charge. A different delivery period can also be agreed or it can be agreed to deliver a different product.
If an order cannot be executed, or only partially, the buyer will be notified as soon as possible after Heinen Delfts Blauw has been notified of this. In that case, the buyer has the right to dissolve the agreement (in part) free of charge.
In case of dissolution in accordance with paragraphs 5 and 6 of this article, Heinen Delfts Blauw will immediately refund the amounts that the buyer may have paid to Heinen Delfts Blauw. The buyer is not entitled to compensation.
The risk of damage or loss of the products lies with Heinen Delfts Blauw until the moment of delivery to the buyer, unless explicitly agreed otherwise. The burden of proof that a product is damaged on delivery or is missing, lies with the buyer.
Article 6 - Reflection period or right of withdrawal
Exchange is only possible within The Netherlands. If for some reason you are dissatisfied with your purchase, it must be exchanged in our shop by your own arrangement.
The buyer has 14 days after the product has been received by him or a third party designated by him (not the carrier) to terminate the agreement without giving any reason. This period starts on the day after the product, or in the case of a partial delivery, after all products/parts of the order have been received by the buyer.
In order to exercise the right of withdrawal, the buyer must inform Heinen Delfts Blauw of his decision through an unambiguous statement (for example in writing by post, fax or e-mail).
The buyer must then return the products as quickly as possible - but no later than 14 days after the statement mentioned in paragraph 3 has been issued - in the manner indicated by Heinen Delfts Blauw.
Return of the products must be by registered mail in the original packaging (including accessories and accompanying documentation), with the original or similar protection material and in the condition in which the buyer received it, which means undamaged. Direct costs of returning the products are for the account of the buyer.
The buyer will handle the products and the packaging with care during the cooling-off period. He will only unpack or use the products to the extent necessary to assess whether he wishes to keep the product. Buyer is only liable for the depreciation of the products that is the result of the use thereof that goes beyond what is necessary to determine the nature, characteristics and operation of the products.
After a successful cancellation, Heinen Delfts Blauw will repay the amounts paid by the buyer (including the first delivery costs) within 14 days of the date of receipt of the statement referred to in paragraph 2. Heinen Delfts Blauw may delay the reimbursement until it has received all products, or until the buyer has demonstrated that he has sent back the products, whichever is the earlier.
If the buyer has opted for a more expensive method of first delivery than the cheapest standard delivery, Heinen Delfts Blauw does not have to pay back the additional costs for the more expensive method.
The right of withdrawal does not apply to agreements that concern:
- Delivery of products manufactured according to individually selected specifications of the buyer, or which are clearly intended for a specific person ('customized products'); and/or
- Delivery of sealed products that are not suitable for being returned due to health protection or hygiene, and of which the seal was broken after delivery.
Article 7 – Retention of title
If applicable, Heinen Delfts Blauw reserves the ownership of all products delivered by Heinen Delfts Blauw until the moment of full payment of the price of all products delivered or to be delivered by Heinen Delfts Blauw to the buyer (including any interest or costs