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Terms & conditions

Hadiyaagift.com

Definitions

1.    Hadiyaagift.com, with its registered office in Zwijndrecht, Belgium. Company number: 0791.689.056

2.    Customer: the person with whom HADIYAAGIFTS has entered into an agreement.

3.    Parties: HADIYAAGIFTS and customer together.

4.    Consumer: a customer who is also an individual and who acts as a private person.

 Applicability of terms and conditions

1.    These conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of HADIYAAGIFTS.  

2.     The parties may only deviate from these terms and conditions if they have expressly agreed so in writing.

3.     The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

Prices

1.    All prices used by HADIYAAGIFTS are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or otherwise agreed.

2.    All prices charged by HADIYAAGIFTS for its products or services, on its website or otherwise made known, HADIYAAGIFTS may change at any time._cc781905-5cde -3194-bb3b-136bad5cf58d_

3.    Increases in the cost prices of products or parts thereof, which HADIYAAGIFTS  failed to make the offer at the time with regard to the conclusion of the agreement, may give rise to price increases. 

4.    The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation .

Samples/Models 

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. .

 

Consequences of not paying on time

1.    When the customer is in default, he also owes extrajudicial collection costs and any compensation to HADIYAAGIFTS._cc781905-5cde-31945cf3b-136_bad

2.    The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs. 

3.    If the customer does not pay on time, HADIYAAGIFTS may suspend its obligations until the customer has fulfilled its payment obligation._cc781905-5cde-3194-bb3b-56

4.    In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, the claims of HADIYAAGIFTS against the customer are immediately due._cc781905. -5cde-3194-bb3b-136bad5cf58d_

5.    If the customer refuses to cooperate in the execution of the agreement by HADIYAAGIFTS, he is still obliged to pay the agreed price to HADIYAAGIFTS._cc781905-5cdecc781905-5 -3194-bb3b-136bad5cf58d_

Right of advertising 

1.    As soon as the customer is in default, HADIYAAGIFTS is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.

2.    HADIYAAGIFTS invokes the right of advertising by means of written or electronic communication.

3.    As soon as the customer has been informed of the right of complaint invoked, the customer must immediately return the products to which this right relates to HADIYAAGIFTS, unless the parties agree otherwise. 

4.    The cost of returning or returning the products will be borne by the customer.

Right of withdrawal 

1.    A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that:

2.    it is not a personalized product

3.    the product has not been used

4.    it is not a product that can spoil quickly, such as food or flowers

5.    it is not a product that has been specially tailored or modified for the consumer

6.    it is not a non-returnable product for hygiene reasons (underwear, swimwear, etc.)

7.    for wear or pilling of clothing with use

8.    damage to clothing due to misuse

9.    damage or shrinkage of the clothing due to incorrect washing.

10.    excessive sweating

11.    the seal is still intact if it concerns data carriers with digital content (DVDs, CDs, etc.)

12.    the product is not a travel, transport ticket, catering assignment or form of leisure activity

13.    the product is not a loose magazine or newspaper

14.    it is not an (order for) emergency repair

15.    the consumer has not waived his right of withdrawal

16.    The cooling-off period of 14 days as referred to in paragraph 1 starts:

1.    on the day after the consumer has received the last product or part of 1 order

2.    once the consumer has received the first product with a subscription

3.    once the consumer has purchased a service for the first time

4.    once the consumer has confirmed that he will purchase digital content via the internet

17.    The consumer can make his appeal to the right of withdrawal known via info@hadiyaagifts.com, if desired using the withdrawal form available on the HADIYAAGIFTS website. COM,  can be downloaded.

18.    The consumer is obliged to return the product to HADIYAAGIFTS within 14 days after making his right of withdrawal known, failing which his right of withdrawal will lapse.  

19.    The return costs will be borne by you.

20.    If you return part of your products and fall below the threshold value of free shipping, the shipping costs will still be calculated.

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

Right of retention 

1.    HADIYAAGIFTS may invoke its right of retention and, in that case, retain the customer's products, until the customer has all outstanding accounts with HADIYAAGIFTS has paid, unless the customer has provided sufficient security for those costs. 

2.    The right of retention also applies under previous agreements under which the customer still owes payments to HADIYAAGIFTS.

3.    HADIYAAGIFTS is never liable for any damage that the customer may suffer as a result of using his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt owed to HADIYAAGIFTS against a claim against HADIYAAGIFTS. 

Retention of title 

1.    HADIYAAGIFTS remains the owner of all delivered products until the customer has fully complied with all his payment obligations with regard to HADIYAAGIFTS on the basis of what is concluded with HADIYAAGIFTS also, including claims for failure to perform.

2.    Until then, HADIYAAGIFTS can invoke its retention of title and take back the goods._cc781905-5cde-3194-bb3b-1365

3.    Before ownership has passed to Customer, Customer may not pledge, sell, dispose of or otherwise encumber the Products._cc781905-5cde-3194-bb3b -136bad5cf58d_

4.    If HADIYAAGIFTS invokes its retention of title, the agreement is deemed to be dissolved and HADIYAAGIFTS has the right to claim compensation, compensation for loss of profits. 5cde-3194-bb3b-136bad5cf58d_

Delivery  

1.    Delivery is while stocks last.

2.    Delivery takes place at HADIYAAGIFTS, unless the parties have agreed otherwise.

3.    Delivery of products ordered online will be made to the address specified by the customer. 

4.    If the agreed amounts are not paid or not paid on time, HADIYAAGIFTS has the right to suspend its obligations until the agreed part has been paid._cc781905 -5cde-3194-bb3b-136bad5cf58d_

5.    In case of late payment, there is a default by creditors, with the result that the customer cannot object a late delivery to HADIYAAGIFTS.

Delivery time 

1.    The delivery times stated by HADIYAAGIFTS are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.

2.    The delivery time starts when the customer has completed the (electronic) ordering process and has received an (electronic confirmation) from HADIYAAGIFTS.

3.    Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless HADIYAAGIFTS has not been notified within 14 days of doing so in writing. can deliver or the parties have agreed otherwise. 

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time.

 

Transport costs 

Transport costs are for the account of the customer, unless the parties have agreed otherwise.

Packing and Shipping

1.    If the packaging of a delivered product is opened or damaged, the customer must notify the forwarder or deliverer of this before receiving the product. to have a note drawn up, failing which HADIYAAGIFTS cannot be held liable for any damage.

2.    If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging prior to transport to HADIYAAGIFTS, at failure of which HADIYAAGIFTS cannot be held liable for any damage. 

Custody 

1.    If the customer does not accept the ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.

2.    Any additional costs as a result of early or late purchase of products are entirely at the expense of the customer.

Guarantee

1.    The product warranty applies only to defects caused by faulty workmanship, construction or materials._cc781905-5cde-3194- bb3b-136bad5cf58d_

2.    The warranty does not cover normal wear and tear and damage caused by accidents, modifications made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.

3.    The risk of loss, damage or theft of the products that are the subject of an agreement between the parties passes to the customer at the time when this be legally and/or actually delivered, or at least come under the control of the customer or of a third party who takes delivery of the product on behalf of the customer.  

 

Swap 

1.    Exchange is only possible if the following conditions are met:

2.    exchange takes place within 14 days of purchase upon presentation of the original invoice

3.    the product is returned in its original packaging or with the original (price) tags still attached

4.    the product has not been used yet

5.    Discounted items, non-perishable items such as foodstuffs, custom items, personalized items or custom items cannot be exchanged.

Disclaimer

The customer indemnifies HADIYAAGIFTS against all third-party claims related to the products and/or services provided by HADIYAAGIFTS. 

Complaints

1.     The customer must examine a product or service provided by HADIYAAGIFTS as soon as possible for any shortcomings.

2.    If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform HADIYAAGIFTS thereof as soon as possible, but in any case within 1 month after the discovery of the shortcomings, to be informed. 

3.    Consumers must inform HADIYAAGIFTS within 24 hours after receipt of the order of the discovery of one or more shortcomings to HADIYAAGIFTS.

4.    The customer provides as detailed a description as possible of the shortcoming, so that HADIYAAGIFTS is able to respond adequately._cc781905-5cde-3194- bb3b-136bad5cf58d_

5.    The customer must demonstrate that the complaint relates to an agreement between the parties.

6.    If a complaint relates to ongoing work, this can in any case not lead to HADIYAAGIFTS being obliged to perform other work than agreed. .

Notice of default

1.    The customer must notify HADIYAAGIFTS in writing of any notice of default.

2.     It is the responsibility of the customer that a notice of default actually reaches HADIYAAGIFTS (on time).

Joint and several liability customer

If HADIYAAGIFTS enters into an agreement with multiple customers, each of them will be jointly and severally liable for the full amounts owed to HADIYAAGIFTS under that agreement. 

Liability HADIYAGIFTS

1.    HADIYAAGIFTS is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.  

2.    If HADIYAAGIFTS is liable for any damage, it is only liable for direct damage arising out of or related to the performance of an agreement.

3.    HADIYAAGIFTS is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.

4.    If HADIYAAGIFTS is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.

5.    All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiration period

Any right of the customer to compensation from HADIYAAGIFTS expires in any case 12 months after the event from which the liability directly or indirectly arises. 

Right to dissolution

1.    The customer has the right to dissolve the agreement if HADIYAAGIFTS imputably fails to fulfill its obligations, unless this shortcoming is due to its special nature or of minor significance. , does not justify the dissolution. 

2.    If the fulfillment of the obligations by HADIYAAGIFTS is not permanently or temporarily impossible, dissolution can only take place after HADIYAAGIFTS is in default._cc-3194-05cde bb3b-136bad5cf58d_

3.    HADIYAAGIFTS has the right to dissolve the agreement with the customer, if the customer does not fully or not timely fulfill his obligations under the agreement, or if HADIYAAGIFTS is informed has taken from circumstances that give him good grounds to fear that the customer will not be able to fulfill his obligations properly. 

 

Force of the majority

1.    A failure by HADIYAAGIFTS in the fulfillment of any obligation to the customer cannot be attributed to HADIYAAGIFTS in any situation independent of HADIYAAGIFTS, as a result of which the fulfillment of his obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of his obligations cannot reasonably be expected from HADIYAAGIFTS. 

2.     The force majeure situation referred to in paragraph 1 also includes - but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.) ; default and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 

3.    If a force majeure situation occurs as a result of which HADIYAAGIFTS cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until HADIYAAGIFTS can fulfill them again . 

4.    From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part._cc781905-5cde-3194-bb3b -136bad5cf58d_

5.    HADIYAAGIFTS does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.

Change of agreement 

If after the conclusion of the agreement it appears necessary for its implementation to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

Change of terms and conditions

1.    HADIYAAGIFTS is entitled to amend or supplement these terms and conditions. 

2.    Changes of minor importance can be made at any time. 

3.    Major substantive changes HADIYAAGIFTS will discuss with the customer as much as possible in advance.

4.    Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions. 

Transfer of rights

1.    Customer rights under any agreement between the parties may not be transferred to third parties without the prior written consent of HADIYAAGIFTS._cc781905-5cde-3194-bb3b- 136bad5cf58d_

2.     This provision applies as a stipulation with property law effect.

Consequences of nullity or voidability

1.    If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions._cc781905-5cde-3194 -bb3b-136bad5cf58d_

2.    In that case, a provision that is void or annullable will be replaced by a provision that comes closest to what HADIYAAGIFTS used when drafting the conditions in that regard.

Applicable law and competent court

1.     Belgian law applies exclusively to any agreement between the parties. 

2.    The Belgian court in the district where HADIYAAGIFTS is established/has its practice/office is exclusively competent to hear any disputes between the parties, unless the law dictates otherwise.

 

Prepared on 01-10-2022.

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