General sales and delivery conditions - Happy Superstore B.V.
Article 1: General provisions
1. These conditions apply to all offers, quotations, orders and agreements, or at least the sale / delivery of goods and / or services by the private company Happy Superstore Online B.V. and / or its affiliated companies, hereinafter referred to as Happy Superstore.
2. If not expressly deviated from these terms and conditions in any written stipulation, these terms and conditions will prevail over any terms and conditions that the other party wishes to apply.
Article 2: Offers
1. Offers are, if not explicitly stated to the contrary, entirely without obligation for the other party and Happy Superstore. A quotation is valid for a maximum of 30 days.
2. The prices stated in the quotation are based on the cost-determining factors at that time. Happy Superstore reserves the right to change prices in the event of changes in cost factors that Happy Superstore considers to affect these prices, even if these changes were foreseeable at the conclusion of the agreement, unless Happy Superstore agrees with the other party that certain prices are fixed for a longer / specified period.
3. Unless stated otherwise, prices quoted by Happy Superstore are based on performance during normal working hours and include VAT (unless stated otherwise) and other government levies.
4. In the case of a composite quotation, there is no obligation to deliver part of it at a corresponding part of the price stated for the whole.
Article 3: Agreements
1. Agreements, also concluded by intermediaries with Happy Superstore, only bind Happy Superstore when they have been confirmed in writing.
2. Agreements or changes made later will only bind Happy Superstore after they have been confirmed in writing to Happy Superstore.
3. Happy Superstore reserves the right to refuse orders without giving reasons. In such a case, Happy Superstore will not be liable to pay compensation to the customer.
4. If a counterparty wishes to cancel an agreement, Happy Superstore has the right, at its discretion, to oblige the counterparty to fulfill or cancel the agreement, whereby an amount equal to 20% of the total value of the agreement will apply as compensation. , without prejudice to Happy Superstore's right to recover the actual damage.
Article 4: Products
1. Information with regard to composition, quality and properties of the products delivered by Happy Superstore is made to the best of Happy Superstore's knowledge, but does not constitute any guarantee.
2. Happy Superstore has the right at all times to determine that in its opinion eligible products will only be delivered in certain minimum quantities.
Article 5: Prices
1. Unless otherwise agreed, the prices quoted are ex warehouse including VAT.
2. Happy Superstore is entitled to increase the agreed price if cost-increasing elements occur after the conclusion of the agreement. Cost-increasing elements are in any case understood to mean price increases, increases in wages, social security contributions, taxes or other levies calculated by suppliers of Happy Superstore.
3. If Happy Superstore proceeds to increase the price on the basis of the provisions of the previous paragraph, the customer is entitled to cancel the order provided that he informs Happy Superstore in writing immediately after he has taken note of the price increase, and against payment. the costs incurred directly by Happy Superstore. For that which has been delivered in the context of the canceled order, the customer will still owe the original agreed price.
Article 6: Delivery
1. The delivery of goods is deemed to have taken place;
a. If the goods are collected by or on behalf of the buyer, by taking receipt of the goods.
b. When shipped through a professional carrier, by handing over the goods to that carrier.
c. When shipped by means of transport from Happy Superstore, by delivery to the home or company of the other party.
2. From the moment of delivery, the goods are at the risk of the other party.
3. Happy Superstore is entitled to deliver an order in whole or in parts. In the latter case, Happy Superstore is entitled to require payment per partial delivery.
4. The other party is obliged to take delivery of the purchased goods at the time when they are delivered to it, or at the time when they are made available to it in accordance with the agreement. The delivery times stated by Happy Superstore are only approximate and are never strict deadlines.
5. Exceeding the stated delivery times does not entitle the other party to compensation, suspension or dissolution of the agreement.
6. If the goods to be delivered in the Netherlands must be used outside of the Netherlands, Happy Superstore is not responsible for the goods to be delivered not to comply with standards and / or regulations set by laws or provisions of the country where the goods must be used. .
7. In the case of agreements that, according to the social practice of the legal order, have an international character, delivery is in principle ex works (ExWork).
Article 7: Defects; complaint periods (advertising)
1. The other party must examine the delivered goods upon delivery. In doing so, he must check whether the goods delivered comply with the agreement, namely;
a. If it concerns a delivery that must meet one or more product-specific conditions; whether the conditions are met.
b. Whether the correct goods have been delivered and whether this has been done in the correct number
2. If visible defects or shortcomings are found, the other party must state these on the relevant packing slip in the presence of the carrier / supplier of the goods; In any case, the other party must report defects in writing to Happy Superstore within 24 hours of delivery. All complained products must contain a description of the advertisement.
3. Non-visible defects must be reported to Happy Superstore in writing by the other party within 2 days after discovery, but no later than 7 days after delivery.
4. If a complaint is not made within the set terms, the other party is deemed to have accepted the delivered goods in proper and good condition.
5. A correctly submitted complaint does not suspend the other party's payment obligations.
6. Minor deviations regarding quality, color, weight, etc. that are considered permissible in the trade cannot constitute grounds for complaint.
7. In the event of a justified complaint, Happy Superstore always has the right to replace the complained goods with other goods.
8. Suspension or compensation is expressly excluded.