General Terms and Conditions
General Terms and Conditions
1.1 These General Terms and Conditions apply to all offers made by Heerlijck Thuis and to all agreements concluded with Heerlijck Thuis.
1.2 In addition to these General Terms and Conditions, additional terms and conditions may apply to certain services and/or products, if explicitly stated.
1.3 Deviation from the provisions of these General Terms and Conditions is only possible if this has been expressly agreed in writing, in which case the other provisions of these terms and conditions will remain in full force.
1.4 If the purchaser also refers to his own general terms and conditions, these terms and conditions do not apply, unless Heerlijck Thuis has expressly agreed to this in writing.
1.5 "Purchaser" is understood to mean any visitor to the website, or any natural or legal person that is or will be in a contractual relationship of any kind with Heerlijck Thuis.
1.6 Heerlijck Thuis reserves the right to amend or supplement these terms and conditions from time to time.
1.7 By using the Heerlijck Thuis website and/or placing an order, the purchaser accepts these General Terms and Conditions as well as all other rights and obligations as stated on the website.
1.8 Heerlijck Thuis is authorised to make use of third parties in the execution of an agreement with the purchaser.
2. Offers and conclusion of agreements
2.1 Offers or price quotations should be regarded as an invitation to the potential purchasers to make an offer themselves. Heerlijck Thuis is in no way bound by this, unless this has been clearly stated in writing. Acceptance of the invitation to make an offer by the potential purchaser is considered an offer and will only lead to the conclusion of an agreement if the other provisions of this article are fulfilled.
2.2 Offers are valid while stocks last.
2.3 An offer made by the potential purchaser as referred to in Article 2.1 is deemed to have been made in one of the following circumstances:
the potential purchaser has specified precisely which product and/or service he wishes to receive;
the potential purchaser has entered the data on the appropriate input screen on the website and the relevant data ('order form') has been sent electronically to Heerlijck Thuis and has been received by Heerlijck Thuis.
2.4 An agreement is concluded when the purchaser has been issued an order confirmation or, if the offer has been made via the website, has been sent by email to the email address provided by the purchaser.
2.5 The purchaser and Heerlijck Thuis expressly agree that by making use of electronic forms of communication, a valid agreement is concluded as soon as the conditions set out in articles 2.3 and 2.4 have been met. In particular, the absence of a proper signature does not affect the binding nature of the offer and its acceptance. Heerlijck Thuis's electronic files shall, insofar as permitted by law, be regarded as a presumption of proof in this respect.
2.6 Information, images, announcements made orally, by telephone or by email and statements etc. regarding all offers and the most important characteristics of the products will be displayed or made as accurately as possible. Heerlijck Thuis is not liable for obvious slips of the tongue or pen.
3.1 All prices are in Euro, in accordance with the relevant legal regulations, and include sales tax.
3.2 Special offers are only valid for the period of validity as stated in them. This information is printed in a brochure or is mentioned on the website related to that special offer.
3.3 The purchaser owes the price that Heerlijck Thuis has stated in its confirmation in accordance with Article 2.4 of these terms and conditions. Obvious (manipulation) errors in the quotation, such as obvious inaccuracies, can also be corrected by Heerlijck Thuis after the conclusion of the agreement.
3.4 Delivery costs are not included in the price. The amount of the delivery costs depends on the size or weight of the ordered product and is stated in the shopping cart.
4.1 Orders placed via the website can be paid in the following ways:
- Bank transfer; - Payment via iDEAL; - Credit card;
4.2 Heerlijck Thuis may expand the payment options in the future. Other payment methods will be announced on the website.
4.3 Payment methods can only be used if the conditions of these methods, including a check on the creditworthiness of the potential purchaser, have been met.
4.4 In the event that Heerlijck Thuis has agreed on a payment term, the purchaser will be in default by the mere expiry of this term. Payment terms can only be agreed in writing under conditions to be determined and agreed at that time.
4.5 If a method of payment using a credit card is selected, the terms and conditions of the card issuer in question apply. Heerlijck Thuis is not a party in the relationship between the purchaser and the card issuer.
4.6 In the event of non-payment or late payment by the purchaser, interest at a rate of 1.5% per month will be payable on the outstanding amount from the day on which payment should have been made at the latest until the day of full payment, whereby a month that has commenced will be counted as a full month.
4.7 The purchaser is also liable for all judicial and extrajudicial costs of whatever nature that Heerlijck Thuis incurs as a result of the purchaser’s failure to fulfil his (payment) obligations under the agreement.
4.8 In the event of late payment, Heerlijck Thuis is authorised to dissolve the agreement with immediate effect or to suspend (further) delivery until the purchaser has fully met his payment obligations, including payment of any interest and costs owed.
5. Delivery and delivery time
5.1 Orders will be delivered as soon as possible. In principle, Heerlijck Thuis strives to ship orders placed before noon on a working day within five working days. The stated delivery time is only an indication and is never regarded as a deadline. Heerlijck Thuis may provide further information about delivery times on the website or via its physical location, or make this known in writing in any other way. Such information is of an indicative nature only.
5.2 Deliveries are made to the address specified by the purchaser at the time the agreement is concluded. If payment is made by credit card, Heerlijck Thuis must comply with the requirements set by these card issuers for the place of delivery. This will be made known to the purchaser in a timely manner.
5.3 As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the purchaser. This risk regulation only applies if the total amount of the order does not exceed € 5445.36. In the event of higher amounts, the risk is transferred to the purchaser at the moment the order is handed over to the carrier.
6. Exchanges and right of withdrawal
6.1 The purchaser is obliged to carefully inspect the products (or have them inspected) immediately after receipt. Products purchased at a physical location of Heerlijck Thuis may be exchanged within eight (8) days of purchase. With regard to products purchased in the Heerlijck Thuis webshop, exchange is permitted within fourteen (14) days of delivery. Exchange is only possible on presentation of the original receipt or invoice.
6.2 Agreements with consumers that have been concluded either via the website or by any other means of electronic communication are subject to the consumer’s right to exercise a right of withdrawal at Heerlijck Thuis, without penalty and without giving reasons, within fourteen (14) days of delivery of the product in question.
6.3 If the consumer has exercised the right of withdrawal as referred to in the previous paragraph, Heerlijck Thuis shall ensure that the amount paid by the consumer is refunded within 30 days.
7. Retention of title
7.1 Notwithstanding the actual delivery, ownership of products is not transferred to the purchaser until the purchaser has paid in full everything he owes with regard to any agreement with Heerlijck Thuis, including reimbursement of interest and costs, also of earlier or later deliveries, and any work carried out or to be carried out with regard to the products.
7.2 The purchaser may not tax, sell, resell, transfer, alienate or otherwise encumber the products prior to the transfer of ownership thereof.
8. Guarantee and liability
8.1 Products delivered by Heerlijck Thuis are exclusively covered by the guarantee as determined by the manufacturer of the product in question. During the guarantee period, Heerlijck Thuis only fulfils a counter function.
8.2 Without prejudice to the provisions of Article 8.1, the liability of Heerlijck Thuis is limited to compensation of damage up to a maximum of the amount of the invoice value of the product or service that caused the damage. This does not apply in the event of intent or gross negligence on the part of Heerlijck Thuis.
8.3 Heerlijck Thuis is never liable for consequential or commercial damages, indirect damages or loss of profit or turnover.
8.4 In the event that the purchaser has concluded an agreement via Heerlijck Thuis for a guarantee period, only the conditions that have been declared applicable to that agreement will apply with regard to this guarantee.
8.5 Without prejudice to the provisions of this article, no guarantee can be given if the wear and tear can be regarded as normal and in the following cases:
- if changes have been made to or on the product, including repairs that have not been carried out with the permission of Heerlijck Thuis or the manufacturer;
- if the original invoice cannot be submitted, has been altered or made illegible;
- in the event of defects resulting from improper use;
- if the damage has been caused by intent, gross negligence or negligent maintenance.
8.6 The purchaser is obliged to indemnify Heerlijck Thuis against any claims that third parties may assert against Heerlijck Thuis in connection with the execution of the agreement, unless the law prevents the purchaser from bearing the corresponding damages and costs.
8.7 The Heerlijck Thuis website may contain links to other websites that may be interesting or informative for the visitor. Such links are purely informative. Heerlijck Thuis is not responsible for the content of the website to which the link refers, or for the use that can be made of it.
9. Force majeure
9.1 In the event of force majeure, Heerlijck Thuis is not obliged to fulfil its obligations towards the purchaser, or the obligation is suspended for the duration of the force majeure.
9.2 Force majeure is understood to mean any circumstance beyond the control of Heerlijck Thuis, as a result of which the fulfilment of its obligations towards the Purchaser is wholly or partially impeded. Such circumstances include strikes, fire, business interruptions, energy failures, non-delivery or late delivery by suppliers or other third parties involved, as well as the lack of governmental approval. Force majeure also includes failures in a (telecommunication) network or connection or in the communication systems used and/or the unavailability of the website at any time.
10. Intellectual property
10.1 The purchaser explicitly acknowledges that all intellectual property rights to the information, communications or other expressions displayed with regard to the products and/or with regard to the website belong to Heerlijck Thuis, its suppliers or other right holders.
10.2 Intellectual property rights are understood to mean patent, copyright, trademark, sign and model rights and/or other (intellectual property) rights, including sui generis rights to databases and topography of semiconductor products, or other products, as well as – whether patentable or not – technical and/or commercial know-how, methods and concepts.
10.3 The purchaser is prohibited from using the intellectual property rights described in this article, including making changes, such as reproduction, without the express prior written permission of Heerlijck Thuis, its suppliers or other right holders, unless this is done purely for private use in relation to the product itself.
11. Personal data
11.2 Heerlijck Thuis will observe the applicable privacy rules and legislation.
12. Applicable law and competent court
12.1 All offers and agreements are exclusively governed by Dutch law.
12.2 The applicability of the Vienna Convention is expressly excluded.
12.3 All disputes relating to or arising from offers made by Heerlijck Thuis or agreements concluded with Heerlijck Thuis will be submitted to the competent court in Roermond, unless the law expressly designates another court as competent.
13.1 Heerlijck Thuis has its registered office in (5911 CG) Venlo, the Netherlands, and is registered with the Chamber of Commerce in Venlo under no. 120.27.537. You can reach us on the telephone number 0031 77 3513008 or via the email address [email protected]. The VAT identification number is NL 1608.22.401.B01.
13.2 Heerlijck Thuis strives to respond to emails received on working days within 48 hours.
We strive to deliver your order within 5 working days within the Netherlands and Belgium. If an item has a longer delivery time, we will contact you.
In Germany and Luxembourg, we strive to deliver your order within 7 working days.
Delivery with several articles:
If you order several articles at once, we will do our best to deliver all of them at once. In this case, the delivery time of your entire order will be equal to that of the article with the longest delivery time.
We ship orders above € 60,- within the Netherlands for free. For orders under €60 within the Netherlands, €6.00 shipping and handling costs will be charged.
Shipping and handling costs for parcels to Belgium and Germany are € 9.50.