General Terms and Conditions of Hoopo B.V. established in Rotterdam and with its office at Stieltjesstraat 108 registered at the Chamber of Commerce in Rotterdam under number 86856278.
- Distance contract: an agreement concluded between the entrepreneur and the consumer via impersonal communication, such as telephone or internet for distance sales of products, digital content and/or services, whereby exclusive or joint use up to and including the conclusion of the agreement one or more techniques for distance communication are made with regard to the (regular) delivery of (a series) of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Entrepreneur: the natural or legal person who offers products and/or services (at a distance) to consumers and who uses these General Terms and Conditions, being Hoopo®.
- Consumer: the natural person who does not act in the exercise of a profession or business and who agrees on a distance contract with the entrepreneur;
- Buyer: any consumer, or any natural or legal person who agrees on a (distance) agreement with the Entrepreneur.
- Reflection period: the period within which the consumer can make use of his right of withdrawal. The reflection period is 14 days. The reflection period starts when the consumer has received the product.
- Right of withdrawal: the option for the consumer to dissolve the distance purchase agreement within the cooling-off period without stating a reason;
- Durable data carrier: any means or auxiliary means, including e-mail, that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.
1.1 These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the customer.
1.2 Before the distance contract is concluded, the text of these general terms and conditions has been made available to the customer.
1.3 In the event that specific product or service conditions apply in addition to these general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
1.4 If there is a professional buyer who refers to his General Terms and Conditions and there is a “battle of forms”, those General Terms and Conditions do not apply unless explicitly agreed in writing by the Entrepreneur.
1.5 When placing an order, the buyer accepts these General Terms and Conditions.
2. The offer
2.1 All offers from Hoopo® are without obligation, unless a term for acceptance is stated in the offer. If no acceptance period has been set, the offer will expire after 14 days. Offers or quotations do not automatically apply to future orders. Offers are made subject to the availability of the products.
2.2 The offer made by the entrepreneur contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the buyer to make a proper assessment of the offer.
2.3 The images used by the entrepreneur are a true representation of the products offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur. In principle, deviations cannot give rise to compensation and/or dissolution.
2.4 Each offer contains such information that it is clear to the buyer what rights and obligations are attached to accepting the offer.
2.5 After exceeding the closing date of an offer or a promotion period, the buyer cannot make use of the relevant promotion or offer.
3. The formation of an agreement
3.1 An agreement is concluded when an order confirmation is sent to the buyer by email to the email address specified by the buyer. In any other case at the time of acceptance by the buyer of the offer and compliance with the corresponding conditions.
3.2 As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3.3 The buyer and entrepreneur explicitly agree that a valid agreement is concluded by using electronic forms of communication as soon as the conditions in Article 3.1 have been met. In particular, the lack of an ordinary signature does not affect the binding force of the offer and its acceptance.
3.4 If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the customer can pay electronically, the entrepreneur will consider taking appropriate security measures.
3.5 The entrepreneur can - within legal frameworks - inform himself whether the buyer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. 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, with reasons, or to attach special conditions to the implementation.
3.6 At the latest upon delivery of the product, service or digital content to the customer, the entrepreneur will provide the following information in writing or in such a way that it can be stored by the customer in an accessible manner on a durable data carrier.
3.7 Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
3.8 Hoopo® is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Hoopo® will communicate this within ten (10) working days after receipt of the order.
4. Price and delivery
4.1 All prices are expressed in Euros and, where not explicitly stated otherwise, excluding turnover tax. Prices include standard packaging and exclude freight costs, unless otherwise agreed.
4.2 Delivery costs are not included in the price. The amount of the delivery costs is determined by the size and weight of the package and the delivery address. The shipping costs are always indicated in the order process.
4.3 All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price. Obvious errors in the quotation, such as obvious inaccuracies, can also be corrected by the entrepreneur after the conclusion of the agreement.
4.4 All prices are also subject to price and cost increases that are imposed on the Entrepreneur by virtue of an obligation pursuant to legislation or regulations or that are caused by an increase in the price of raw materials, wages, etc. were not reasonably foreseen. If the price increase, other than as a result of an amendment to the agreement, is more than 10% and takes place within three months after the conclusion of the agreement, the Buyer is entitled to cancel the order or to dissolve the agreement. The Buyer must do this within ten (10) days after notification of the price increase by Hoopo®.
4.5 Entrepreneur is entitled to execute the order in different phases and to invoice the delivered part separately. The entrepreneur can charge an advance payment in advance of the delivery.
5. Delivery, delivery time and execution
5.1 The place of delivery is the address that the buyer has made known to the entrepreneur.
5.2 Orders will be delivered as soon as possible after receipt of the purchase price to the address specified by the buyer.
5.3 Entrepreneur strives to ship orders within 5 working days. The entrepreneur is not liable if a package is delayed by the postal services.
5.4 Hoopo® reserves the right to deliver the delivery in more than one shipment.
5.5 The aforementioned delivery times are an indication and not a deadline. Hoopo® is never liable for damage as a result of exceeding delivery times. The maximum delivery time will be 30 days unless otherwise agreed.
5.6 Hoopo® will arrange for delivery by post or any other way at Hoopo®'s discretion.
5.7 After receipt of the delivered products at the address specified by the buyer, the risk and responsibility transfers to the buyer.
5.8 For deliveries to countries outside the EU, import duties, taxes and customs or clearance charges may be due in the recipient's country. This is the responsibility of the recipient. And any charges will not be refunded by us if you wish to cancel your order or return goods to us for an exchange or refund.
5.9 The ownership of products is transferred to the buyer upon delivery if the products have been paid.
5.10 The buyer is obliged to take delivery of the purchased goods at the time when they are available to him or handed over to him, if the buyer refuses to take delivery or is negligent in providing information or instructions necessary for the delivery, the Products intended for delivery are stored at the risk of the buyer after Hoopo® has notified him. In that case, the buyer will owe all additional costs.
6.1 Buyer-consumer pays safely via the internet. The buyer will only receive the invoice digitally.
6.2 Unless agreed otherwise, the amounts owed by the buyer must be paid within 7 working days after the start of the reflection period as referred to in Article 7 paragraph 1. In the event of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
6.3 If the buyer does not fulfill his payment obligation(s) on time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the buyer a period of 14 days to still fulfill his payment obligations, or after if payment is not made within this 14-day period, the statutory interest is due on the amount owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500 with a minimum of € 40.
6.4 In a B2B purchase, the Buyer will receive an invoice. The invoice will only be sent digitally to the buyer. Payment must always be made within 14 days of the invoice date.
6.5 If the Buyer fails to pay an invoice on time, the Buyer is in default by operation of law. In that case, the Entrepreneur owes the statutory interest. The interest on the due amount will be calculated from the moment that the Buyer is in default until the moment of payment of the full amount due. The compensation for collection costs will be charged immediately.
6.6 The Entrepreneur has the right to have the payments made by the Buyer stretch in the first place to reduce the costs, then to reduce the interest that has arisen and finally to reduce the principal sum and the current interest.
6.7 The Buyer is never entitled to set off any amount owed by him to the Entrepreneur. Objections to the amount of an invoice do not suspend the payment obligation.
6.8 If the Buyer is in default or omission in the (timely) fulfillment of its obligations, then all reasonable costs incurred in obtaining settlement out of court will be for the account of the Buyer. Any judicial and execution costs incurred will also be recovered from the Buyer. The buyer also owes interest on the collection costs due.
6.9 The buyer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
7. Right of withdrawal, returns and dissolution
7.1 Buyers have the right to terminate agreements that have been concluded electronically up to and including 14 days after receipt of the delivered products in writing without giving reasons. This reflection period starts on the day after receipt of the product by the buyer.
7.2 The delivered products are returned by the buyer, unused and in the original packaging, to the address of the entrepreneur. The shipping costs for returns are borne by the buyer.
7.3 If use is made of the right of withdrawal, as referred to in Article 7.1, then the entrepreneur will ensure that repayment is made within 30 days. To this end, the buyer must contact [email protected] within 30 days of receipt at the delivery address.
7.4 The buyer must ensure that the products are received by the entrepreneur within 14 days.
7.5 A product with an error will be exchanged by Hoopo® free of charge for exactly the same product, provided the purchase has not been used and is in the original packaging, unless this product is no longer in stock or is "end of life". In that case, the buyer is entitled to a refund of the order amount, insofar as this amount has already been paid to the entrepreneur. To this end, the buyer must contact [email protected] within seven to 7 days of receipt at the delivery address.
7.6 In the event of an incorrect delivery, the entrepreneur will exchange this product free of charge, provided the purchase has not been used and is in the original packaging. The buyer is entitled to a refund of the order amount, provided it has already been paid. To this end, the buyer must contact [email protected] within seven days of receipt at the delivery address.
7.7 In the case of a Buyer consumer, the products can only be returned if the following conditions are met:
- You have informed us within 30 days of receipt that you wish to return the purchased product.
- The item must be unused and in the same perfect condition as it was delivered to you.
- If the product is defective, please take pictures of the problems you have discovered and email us at [email protected].
- Send items using a recorded method and keep and email us a tracking number. Hoopo® is not responsible if products are not received.
- Include the purchase invoice in the box.
- The costs of the return are for the buyer.
7.8 If the above terms and conditions are not respected by the buyer, the above return rights of the buyer will lapse.
7.9 In case of a B2B purchase, items can only be returned if the product is defective and the defect must be reported to [email protected] within 3 days of receipt of delivery.
8. Suspension, dissolution and early termination of the agreement in the case of a B2B purchase
8.1 The Entrepreneur is entitled to suspend the fulfillment of his obligations or to dissolve the agreement if the Buyer does not, not fully or not timely fulfill or will fulfill the obligations under the agreement.
8.2 Entrepreneur is authorized to dissolve the agreement in the event that circumstances arise of such a nature that fulfillment of the agreement is impossible or (unaltered) maintenance of the agreement cannot reasonably be required of the Entrepreneur. If the agreement is dissolved, the claims of the Entrepreneur on the Buyer are immediately due and payable. In the event that the Entrepreneur suspends the fulfillment of the obligations, he retains his rights under the law and agreement.
8.3 In the event of suspension or dissolution, the Entrepreneur is not obliged to pay any compensation, while the Buyer is obliged to pay compensation (including direct and indirect costs) towards the Entrepreneur on account of breach of contract.
8.4 In the event of liquidation, of (application for) suspension of payments or bankruptcy, of attachment - if and insofar as the attachment is not lifted within three months - at the expense of the Buyer, of debt restructuring or any other circumstance as a result of which the Buyer no longer freely transfers can dispose of his assets, the Entrepreneur is free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation on his part to pay any compensation. In that case, the claims of the Entrepreneur on the Buyer are immediately due and payable.
9. Force of the majority
9.1 In case of force majeure, the entrepreneur is not obliged to fulfill its obligations towards the buyer. The entrepreneur is then authorized to suspend its obligations, temporarily or otherwise, for at least the duration of the force majeure.
9.2 In this agreement, force majeure is understood to mean any circumstance independent of the entrepreneur's will, as a result of which the fulfillment of its obligations towards the buyer is wholly or partially prevented. This includes, among other things, business and energy interruptions.
9.3 In the event that the aforementioned force majeure lasts longer than 2 months, both parties are entitled to dissolve the agreement in writing, without one party having to pay compensation to the other party.
10. Intellectual and Industrial Property Rights
10.1 Entrepreneur reserves all rights and powers that accrue to him under the Copyright Act and other intellectual laws and regulations. The buyer must fully and unconditionally respect all intellectual and industrial property rights that rest on the products delivered by Hoopo®.
10.2 All intellectual property rights with regard to the Hoopo® site, including the software, texts, images and sounds, belong to Hoopo®. This means, among other things, that it is not permitted without our permission to publish, reproduce and/or edit the information or other content stated on Hoopo® sites.
11. Retention of title on B2B purchase
11.1 The goods delivered to the Buyer remain the property of the Entrepreneur until the Buyer has properly fulfilled all obligations under the agreement (s) concluded with the Entrepreneur. The buyer is not entitled to resell, pledge or encumber in any other way the goods that fall under the retention of title.
11.2 The Buyer must always do everything that can reasonably be expected of him to safeguard the proprietary rights of the Entrepreneur. If third parties seize the goods delivered subject to retention of title, or wish to establish or assert rights thereon, the Buyer is obliged to immediately notify the Entrepreneur thereof. Furthermore, the Buyer undertakes to insure the goods delivered subject to retention of title and to keep them insured against, among other things, fire and water damage, as well as against theft. The Buyer will provide the policy for this insurance to the Entrepreneur for inspection upon first request. In the event of a payment under the insurance, the Entrepreneur is entitled to these tokens.
11.3 In the event that the Entrepreneur wishes to exercise his property rights as indicated in this article, the Buyer gives unconditional and irrevocable permission in advance to the Entrepreneur and third parties to be designated by him to enter all those places where the property of the Entrepreneur is located and to return them.
12. Complaints, duty to investigate, prescription and compliance
12.1 Complaints regarding non-receipt of the order must be made within 7 days after receipt of the invoice, otherwise the correctness of the invoice is established.
12.2 Complaints regarding defects in the products must be made in writing and as soon as possible, but no later than 7 days after receipt at the delivery address or - in the case of non-visible defects - within 21 days after the defects could reasonably be detected.
12.3 You have the obligation to check whether the products meet the agreement upon delivery. If this is not the case, you must inform Hoopo® thereof as soon as possible and in any case within 7 days after delivery, at least after observation was reasonably possible, in writing and with reasons. If it has been demonstrated that the products do not comply with the agreement, you can choose to have the products in question replaced by new products or to have the invoice value refunded. If you do not wish to purchase a product for whatever reason, you have the right to return the product to Hoopo® within 7 days of delivery. Returns are in this case only accepted if the product is undamaged, it also applies that the costs for returns are for your account.
13.1 Hoopo® does not accept any liability for damage as a result of or in connection with the execution of this agreement or the delivery of goods, except if and insofar as the damage has arisen from Hoopo®'s own actions or negligence, either with intent to cause that damage, either recklessly and with the knowledge that such damage was likely to result.
13.2 If the Entrepreneur should be liable, this liability is limited to what is regulated in this provision.
13.3 The Entrepreneur is not liable for damage, of whatever nature, caused by the Entrepreneur relying on incorrect and/or incomplete information provided by or on behalf of the Buyer.
13.4 The liability of the Entrepreneur is limited to a maximum of once the invoice value of the order, or at least to that part of the order to which the liability relates, or the liability of the Entrepreneur is always limited to his insured amount.
13.4 Entrepreneur is only liable for direct damage. Direct damage is exclusively understood to mean the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions and reasonable costs incurred to prevent or limit damage, insofar as Buyer demonstrates that these costs have led to a limitation of direct damage. The entrepreneur is never liable for indirect damage, including consequential damage, loss of profit, lost savings and damage due to business interruption.
14.1 In the event of a B2B purchase, the Buyer indemnifies the Entrepreneur against any claims from third parties who suffer damage (with the Buyer) in connection with the performance of the agreement and the cause of which cannot be attributed to the Entrepreneur. If the Entrepreneur should be sued by third parties on that basis, the Buyer is obliged to assist the Entrepreneur both in and out of court and to do everything that may be expected of him in that case without delay. Should the Buyer fail to take adequate measures, then the Entrepreneur is entitled to do so himself without notice of default. All costs and damage on the part of the Entrepreneur and third parties that arise as a result, are fully for the account and risk of the Buyer.
15. Applicable law/competent court
15.1 All disputes related to or arising from the agreement between buyer and entrepreneur are subject to Dutch law and will be submitted to the court in the place of business of the entrepreneur, unless the law explicitly designates another court as competent court.
16. Dutch text prevails
16.1 The Dutch text of these general terms and conditions prevails over translations of them.
17. Personal data
17.1 The legal regulations with regard to the protection of personal data, as laid down in the Personal Data Protection Act, are complied with by Hoopo®.
17.2 Hoopo® will record the information provided by the buyer in a file. These data will be used for the execution of the buyer's order and for own marketing purposes. No data will be provided to third parties where the privacy of the buyer is at stake.
18.1 If one or more of the provisions of these Terms and Conditions or any other agreement with Hoopo® should be in conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a new legally permissible one to be determined by Hoopo® comparable provision, which provision approaches the purport of the original as closely as possible.
19. Changes to general terms and conditions
19.1 These general terms and conditions can be amended or supplemented by Hoopo® at any time without notice or loss of any right. The changes will be announced on the Hoopo® websites. The changes take effect fourteen (14) days after notification or on a later date specified in this notification.