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Index:
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 implementation
Article 12 - Duration transactions: duration, cancellation and extension
Article 13 - Payment
Article 14 - Complaints
Article 15 - Disputes
Article 16 - Additional or different provisions
Article 1 - Definitions
The following definitions apply in these terms and conditions:
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance agreement with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
Sustainable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;
Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill in when he wants to make use of his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
Distance agreement: an agreement whereby within the framework of a system organized by the entrepreneur for distance selling of products and / or services, until the conclusion of the agreement use is made exclusively of one or more techniques for distance communication;
Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader being in the same place at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Ha-Ma Wholesale e.g.
trading under the name / names: Ha-Ma
Watermanstraat 28A
5015TE Tilburg
Telephone number the Netherlands: 0631746422
Access: Monday 8:00 am - 4:00 pm
Email address: info@ha-ma.nl
Chamber of Commerce number: 74915673
VAT identification number: NL860072423B01
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and orders between entrepreneur and consumer. Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer. If the distance contract is concluded electronically, contrary to 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 the consumer can can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where of the general terms and conditions electronically
can be read and that they will be sent free of charge electronically or otherwise at the request of the consumer.
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 the event of conflicting general terms and conditions the consumer can always invoke the applicable provision that is most favorable to him is.
If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or become void, the remainder of the agreement and these terms and conditions will remain in force and the provision in question will be replaced without delay by mutual agreement.
be approximated by a provision that the scope of the original is approximated.
Situations that are not regulated in these terms and conditions must be assessed "in the spirit" of these terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained "in the spirit" of these terms and conditions.
Article 4 - The offer
If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to enable a proper 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 errors in the offer do not bind the entrepreneur.
All images, specifications, data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images for products are a true representation of the products offered.
Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
o the price including taxes;
o the possible costs of shipment;
o the manner in which the agreement will be concluded and which actions are required for this;
o whether or not the right of withdrawal is applicable;
o the method of payment, delivery and implementation of the agreement;
o the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
o the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
o whether the agreement will be archived after its conclusion, and if so, how this can be accessed by the consumer;
o the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
o any other languages in which, in addition to Dutch, the agreement can be concluded;
o the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and o the minimum duration of the distance agreement in the event of an extended transaction.
Optional: available sizes, colors, type of materials.
Article 5 - The agreement
The agreement is subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meets the corresponding conditions.
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 entrepreneur has not confirmed receipt of this acceptance, the consumer can terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can - within the law - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance agreement. If on the basis of this investigation the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
The entrepreneur will send the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. 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;
c. the information about guarantees and existing service after purchase;
d. the information included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before the performance of the agreement;
e. the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When delivering products:
When purchasing products, the consumer has the option of dissolving the contract for 14 days without giving any reason. This cooling-off period starts on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
During the cooling-off period, the consumer will handle the product and the 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 accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of 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 using the model form. After the consumer has indicated that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered were returned on time, for example by means of proof of shipment.
If after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal, respectively. the product has not been returned to the entrepreneur, the purchase is a fact.
Upon delivery of services:
Upon delivery of services, the consumer has the option of dissolving the contract without giving any reason for at least 14 days, starting on the day of entering into the contract.
To make use of his right of withdrawal, the consumer must comply with 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
If the consumer makes use of his right of withdrawal, the costs of the return shipment will be borne at most.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after the 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.
Article 8 - Exclusion of the right of withdrawal
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, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
a. that have been established by the entrepreneur in accordance with specifications of the
b. consumer;
c. that are clearly personal in nature;
d. that cannot be returned due to their nature;
e. that can spoil or age quickly;
f. whose price depends on fluctuations in the financial market on which the
g. entrepreneur has no influence;
h. for individual newspapers and magazines;
i. for audio and video recordings and computer software of which the consumer seals
j. has broken.
k. for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, restaurant business or leisure activities to be performed on a
b. certain date or during a certain period;
c. whose delivery has begun with the express consent of the consumer before the
d. reflection time has expired;
e. concerning bets and lotteries.
Article 9 - The price
During the validity period stated in the offer, the prices of the products and / or services offered are not increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
The prices stated in the range of products or services include VAT.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Article 10 - Conformity and Warranty
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 legal provisions existing on the date of the conclusion of the agreement and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
· The consumer has repaired and / or modified the delivered products himself or had them repaired and / or modified by third parties;
· The delivered products have been exposed to abnormal circumstances or are otherwise carelessly treated or are contrary to the instructions of the entrepreneur and / or have been treated on the packaging;
· The defectiveness is wholly or partly the result of regulations that the government has or will set with regard to the nature or quality of the materials used.
Article 11 - Delivery and implementation
The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated about this in paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed
or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order.
In that case the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any specified periods. Exceeding a term does not entitle the consumer to compensation.
In the event of termination in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after termination.
If delivery of an ordered product appears to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are at the expense of the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Duration transactions: duration, cancellation and extension
Cancellation
The consumer can at all times cancel an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services with due observance of the agreed termination rules and a cancellation period of one month at most.
The consumer can at all times terminate a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services with due observance of the agreed termination rules and a cancellation period of at least one month at most.
The consumer can the agreements mentioned in the previous paragraphs:
· Cancel at any time and not be limited to cancellation at a specific time or during a specific period;
· Cancel at least in the same way as they are entered into by him;
· Always cancel with the same cancellation period as the entrepreneur has stipulated for himself.
Extension
An agreement that has been entered into for a definite period of time and that extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a specific duration.
By way of derogation from the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily, weekly and weekly newspapers and magazines may be tacitly renewed for a specific duration of a maximum of three months if the consumer concludes this extended contract against can terminate the extension with a notice period of at most one month.
An agreement that has been entered into for a fixed period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of at most one month and a notice period of at most three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract with a limited duration for the regular introduction of daily newspapers, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Expensive
If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a cancellation period of at most one month, unless reasonableness and fairness preclude cancellation before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received the confirmation of the agreement. The consumer has the duty to correct inaccuracies in payment data provided or specified
immediately inform the entrepreneur. In the event of non-payment on the part of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.
Artikel 14 – Klachtenregeling
De ondernemer beschikt over een voldoende bekend gemaakte klachtenprocedure en behandelt de klacht overeenkomstig deze klachtenprocedure.
Klachten over de uitvoering van de overeenkomst moeten binnen 7 dagen volledig en duidelijk omschreven worden ingediend bij de ondernemer, nadat de consument de gebreken heeft geconstateerd.
Bij de ondernemer ingediende klachten worden binnen een termijn van 14 dagen gerekend vanaf de datum van ontvangst beantwoord. Als een klacht een voorzienbaar langere verwerkingstijd vraagt, wordt door de ondernemer binnen de termijn van 14 dagen geantwoord met een bericht van ontvangst en een indicatie wanneer de consument een meer uitvoerig antwoord kan verwachten.
Indien de klacht niet in onderling overleg kan worden opgelost ontstaat een geschil dat vatbaar is voor de geschillenregeling.
Tevens is het mogelijk om klachten aan te melden via het Europees ODR platform (http://ec.europa.eu/odr).
Een klacht schort de verplichtingen van de ondernemer niet op, tenzij de ondernemer schriftelijk anders aangeeft.
Indien een klacht gegrond wordt bevonden door de ondernemer, zal de ondernemer naar haar keuze of de geleverde producten kosteloos vervangen of repareren.
Artikel 15 – Geschillen
Op overeenkomsten tussen de ondernemer en de consument waarop deze algemene voorwaarden betrekking hebben, is uitsluitend Nederlands recht van toepassing. Ook indien de consument woonachtig is in het buitenland.
Het Weens Koopverdrag is niet van toepassing.
Artikel 16 – Aanvullende of afwijkende bepalingen
Aanvullende dan wel van deze algemene voorwaarden afwijkende bepalingen mogen niet ten nadele van de consument zijn en dienen schriftelijk te worden vastgelegd dan wel op zodanige wijze dat deze door de consument op een toegankelijke manier kunnen worden opgeslagen op een duurzame gegevensdrager.
SHIPMENT
Have you placed an order on Ha-ma.nl? We will send your products securely packaged and sent to you as quickly as possible. The following applies:
Ordered on weekdays until 3 p.m., delivered tomorrow.
You usually receive your order the next day.
You can easily keep track of the status of your order via a Track & Trace code
Returns
You have the right to cancel your order up to 14 days after receipt without giving a reason.
After cancellation you have another 14 days to return your product.
You will then be credited with the full order amount including shipping.
Only the costs for return from your home to the web store are for your own account.
These costs amount to approximately 6.95 per package, consult the website of your carrier for the exact rates.
If you make use of your right of withdrawal, the product with all accessories supplied and - if reasonably possible - in the original condition and packaging will be returned to the entrepreneur.
To exercise this right you can contact us via info@ha-ma.nl.
We will then refund the order amount due within 14 days after registering your return, provided that the product has already been received in good order.
Warranty & Repair
We care about our products and logically do our best to deliver them to you in top condition.
However, it sometimes happens that an order breaks during transport or that something else happens so that you can claim the warranty.
From a legal point of view, you are obliged to report this to us within two months of the discovery of the defect.
We advise you to make this known to us by sending an email to info@ha-ma.nl.
If the defect falls within the warranty, we will arrange for repair or replacement free of charge.
Complaints It can always happen that something does not go entirely as planned.
We recommend that you first make your complaints known to us by emailing info@ha-ma.nl.
From 15 February 2016, it is also possible for consumers in the EU to register complaints via the ODR platform of the European Commission.
This ODR platform can be found at http://ec.europa.eu/odr.
If your complaint is not yet being processed elsewhere, you are free to file your complaint via the European Union platform.
Privacy Policy
We are aware that you have faith in us. We therefore see it as our responsibility to protect your privacy. On this page we let you know what information we collect when you use our website, why we collect it and how we use it to improve your user experience. This way you understand exactly how we work.
This privacy policy applies to the services of Ha-Ma Groothandel B.V .. You should be aware that Ha-Ma Groothandel B.V.n is not responsible for the privacy policy of other sites and sources. By using this website you agree to the privacy policy.
Ha-Ma Groothandel B.V. respects the privacy of all users of its site and ensures that the personal information you provide is treated confidentially.
Use of our services
When you sign up for one of our services, we ask you to provide personal information. This data is used to perform the service. The data is stored on secure servers of Ha-Ma Wholesale BV or those of a third party. We will not combine this data with other personal data that we have.
Communication
When you send e-mail or other messages to us, we may save those messages. Sometimes we ask you for your personal information that is relevant to the situation. This makes it possible to process your questions and answer your requests. The data is stored on secure servers of Ha-Ma Wholesale BV or those of a third party. We will not combine this data with other personal data that we have.
Cookies
We collect data for research in order to gain a better understanding of our customers, so that we can tailor our services accordingly.
This website uses "cookies" (text files placed on your computer) to help the website analyze how users use the site. The information generated by the cookie about your use of the website can be transferred to secure servers of Ha-Ma Groothandel B.V. or those of a third party. We use this information to keep track of how you use the website, to prepare reports on website activity and to offer other services related to website activity and internet use.
Purposes
We do not collect or use information for purposes other than the purposes described in this privacy policy unless we have obtained your permission in advance.
Third parties
The information is not shared with third parties with the exception of web applications that we use for our web store.
Furthermore, in some cases the information can be shared internally. Our employees are obliged to respect the confidentiality of your data.
Changes
This privacy statement is tailored to the use of and the possibilities on this site. Any adjustments and / or changes to this site may lead to changes in this privacy statement. It is therefore advisable to consult this privacy statement regularly.
Choices for personal data
We offer all visitors the opportunity to view, change or delete all personal information that is currently provided to us.
Adjust / unsubscribe newsletter service
At the bottom of every mailing you will find the option to adjust your data or to unsubscribe.
Adjust / unsubscribe communication
If you want to change your data or get yourself removed from our files, you can contact us. See the contact details below.
Disable cookies
Most browsers are set by default to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, it is possible that some functions and services on our and other websites will not function correctly if cookies are disabled in your browser.
Klarna payment
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.
Pay in [14] days: The payment period is 14 days from shipment of the goods or tickets/ availability date of the service. You can find the complete terms and conditions for the markets where this payment method is available here:
United Kingdom, Germany, Sweden, Norway, Denmark, Finland, Austria and the Netherlands.
Slice it: With the financing service from Klarna you can pay your purchase in flexible or fixed monthly instalments according to the conditions stated in the checkout. The instalment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding Slice It including terms and conditions and Standard European Consumer Credit Information you can find here for the markets where this payment method is available: Austria, the United Kingdom, Germany, Sweden, Norway, Denmark and Finland.
Direct bank transfer: Available in Germany, Austria, Belgium, Italy, Spain, Poland and the Netherlands. Your account will be debited directly after placement of your order.
Direct Debit: Available in Germany, Sweden, Austria and the Netherlands. Your account will be debited after shipment of the goods or tickets/ availability date of the service or in case of a subscription in accordance with the timelines communicated. You will be notified about the date(s) by email.
The payment methods Pay in [14] days, Slice It and direct debit are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on
klarna.com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
Questions and feedback
We regularly check whether we comply with this privacy policy. If you have any questions about this privacy policy, you can contact us:
Ha-Ma Wholesale B.V.
Watermanstraat 28A
5015 TE Tilburg
Telephone number: 0031-631746422
Email address: info@ha-ma.nl
Chamber of Commerce: 74915673