General terms | Hardwood Discount UK

General Terms and Conditions

Table of Contents:

Article 1 - Definitions

Articele 2 - Identity of the entrepreneur

Articele 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 - Compliance and Warranty

Article 11 - Delivery and execution

Article 12 - Continuing performance: duration, termination and extension

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or different provisions

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General Terms and Conditions Hardwood Discount Online UK

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Reflection period: The period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and / or services of which the delivery and / or purchase obligation is spread over time;
Durable data carrier: every means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows for future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Model form: the model form for withdrawal which the entrepreneur makes available and which 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 from a distance;
Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organised by the trader for the distance sale of products and/or services, up to and including the moment that the agreement is concluded;
Technology for remote communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Business name: Hardhout Discount Online BV

Office address: Rembrandtlaan 223
Zipcode: 7545 ZW
Town: Enschede - The Netherlands
Chamber of Commerce nr: 64347036
VAT NL8556.26.124.B.01
Director: MS Brand
Email: info@hardwooddiscount.co.uk
Website: www.hardwooddiscount.co.uk
Phone number +3153-8080321

Opening hours Monday through Friday from 8:30 to 17:00

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order that is concluded between the entrepreneur and the consumer.
Before the remote agreement is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions are available for perusal at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer's request.
If the distance contract is concluded electronically, then, 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 by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs apply by analogy and, in the event of conflicting general conditions, the consumer can always invoke the applicable provision that is most favourable to him.
When choosing the payment method "AfterPay - secure payment afterwards", the General Terms and Conditions of AfterPay apply as well. These can be found on the website of AfterPay. By agreeing to these terms and conditions you also agree to the terms and conditions of AfterPay. If you cancel an order and have paid via Afterpay, you must pay the costs charged to us by Afterpay.
If one or more provisions in these general terms and conditions are null and void or annulled in part or in full at any time, the agreement and these terms and conditions will remain in force for the rest and the provision in question will be replaced without delay, in mutual consultation, by a provision that approximates the meaning of the original provision as closely as possible.
Situations not covered by these general terms and conditions must be assessed 'in line' with these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

If an offer is of limited duration or is made subject to conditions, this shall be expressly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. The Company cannot guarantee that the colours shown will exactly match the real colours 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:
- The price including taxes;
- The costs of shipment;
- The manner in which the agreement will be brought about and which actions are required for this;
- Whether or not the right of withdrawal is applicable;
- The method of payment, delivery and implementation of the contract;
- The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- The level of the rate of distance communication if the costs of using the technique of distance communication are calculated on a basis other than the regular basic rate for the means of communication used.
- Whether the agreement will be archived after its conclusion and, if so, in what way it can be consulted by the consumer.
- The manner in which the consumer, before concluding the agreement, can check the data provided by him in the framework of the agreement and, if desired, correct them.
- The possible other languages in which, besides English, the agreement can be concluded;
- The codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically.
- The minimum duration of the distance contract in the event of an extended transaction.
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Article 5 - The agreement

The agreement comes into being, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is created electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate safety measures.
The entrepreneur can - within legal frameworks - acquaint himself with the ability of the consumer to meet his payment obligations, as well as with all those facts and factors that are important for a sound conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
The entrepreneur will send the consumer the following information along with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
the visiting address of the Entrepreneur's business establishment where the Consumer may lodge complaints, by appointment only.
dthe conditions on which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
the information on guarantees and existing service after purchase;
the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the implementation of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
In the event of an extended transaction, the provision in the previous paragraph shall apply 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

Upon delivery of products:

When purchasing products, the consumer has the possibility of dissolving the contract, without giving reasons, during a period of 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative.
During the cooling-off period, the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
You are required to send us clear overview photos of the goods you wish to return.
When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has made known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer has to prove that the delivered goods have been returned on time, for example by means of a proof of posting.
If, at the end of the periods specified in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

In case of delivery of services:

When services are supplied, the consumer has the option of dissolving the agreement without giving reasons for a period of at least 14 days starting on the day of entering into the agreement.
To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and / or at the latest on delivery.
The consumer must be present at delivery of the ordered goods, to sign for receipt. We will give you an email to indicate when we will deliver, also the carrier will call you on the day itself for the estimated delivery time. If you are not present at the appointed time, the goods will NOT be delivered. And you will have to pay the freight charges again. You will then be given a new delivery date.

Article 7 - Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, he shall bear no more than the costs of returning the goods.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the withdrawal. This is subject to the condition that the product has already been received by the merchant or that conclusive proof of its return can be provided.
If you decide to return the delivered goods, the costs for returning the goods are for you, the customer. The cost of delivering the goods is always lower than the return costs. We cannot tell you in advance what the exact costs will be. Therefore, these costs will be between £ 400 and £ 650. We will charge you the costs that we are also charged by our carrier. These costs will be deducted from the order already paid for and delivered by you. We will give you a price transport quote before collecting the goods.

Artikel 8 - Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer from his right of withdrawal for products as described in subsections 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products
that have been created by the entrepreneur in accordance with the specifications of the consumer;
That are clearly personal in nature, and are made to measure.
A garden house and a steel door/window are always made to measure and cannot be returned.
Any product made to customer specifications cannot be returned.
Products that have been neglected, warped or have changed colour will not be accepted for return.

Article 9 - The price

During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, at variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be mentioned with the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
they are the result of statutory regulations or stipulations; or
the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to misprints and printing errors. No liability is accepted for the consequences of misprints and typesetting errors. In the event of misprints, the Entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Compliance and Warranty

The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded. 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, based on the agreement, can assert against the entrepreneur.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. The products must be returned in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. 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 guarantee does not apply if:
- The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
- The defectiveness is wholly or partially the result of regulations which the government has laid down or will lay down with regard to the nature or quality of the materials used.

Article 11 - Delivery and implementation

The company 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.
The carrier will place the goods on your driveway.We do not deliver the goods to your garden or shed, for example.
We will inform you of the delivery day in advance. We prefer to ask you to be present to sign for receipt.
We or the carrier are not responsible for the care of goods delivered to your home, if you are not present for receipt. We may deliver the goods without you or anyone else being signed for.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but not later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any delivery dates mentioned. Exceeding a term does not entitle the consumer to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. The fact that a replacement article is being delivered will be reported in a clear and comprehensible manner, at the latest upon delivery. The right of withdrawal cannot be excluded with replacement articles. The cost of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative previously designated and announced to the entrepreneur, unless otherwise expressly agreed.

Article 12 - Continuing transactions: duration, termination and extension

Termination

The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice not exceeding one month.
The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed-term subject to the agreed termination rules and a period of notice that does not exceed one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
- terminate them at all times and not be limited to termination at a specific time or during a specific period;
- at least terminate them in the same way as they were entered into by him;
- always terminate them with the same period of notice as the entrepreneur has stipulated for himself.

Renewal

A fixed-term contract that has been concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period of time.
In departure from the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be automatically prolonged for a fixed term that does not exceed three months, if the consumer has the right to terminate this prolonged contract towards the end of the prolongation, with a period of notice that does not exceed one month.
A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month and a period that does not exceed three months if the contract is to regularly supply daily or weekly newspapers or magazines, but less than once a month.
A contract with a limited term for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically at the end of the trial or introductory period.

Duration

If a contract lasts more than one year, after one year the consumer may at any time terminate with a notice of up to one month, unless the reasonableness and fairness resisting the termination before the end of the agreed term.

Article 13 - Payment

Insofar as not otherwise agreed upon, the amounts payable by the consumer should be paid within 7 working days after the start of the reflection period, as referred to in article 6, paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator to report.
In case of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge the consumer for any reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days after the consumer has found the defects.
Complaints submitted to the trader will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
In case of complaints, a consumer should first turn to the entrepreneur. For complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (webwinkelkeur.nl), which will mediate free of charge. If there still is no solution, the consumer has the possibility of his complaint by Stichting GeschilOnline (www.geschilonline.com) to deal with, the decision is binding and both entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this Disputes Committee, which the consumer must pay to the committee concerned. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies. Even if the consumer lives abroad.
The Vienna Sales Convention does not apply.

Article 16 - Additional or different provisions

Additional provisions or provisions that deviate from these general terms and conditions, may not be to the consumer's detriment and should be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.