Terms of service
General Terms and Conditions of HangKey.nl
Date: 01-10-2021, V 2.0
- Company and trade name
1.1 HangKey Plankie is a trade name of The All Shark Enterprises VOF
1.2 Company details The All Shark Enterprises VOF Postal address: Lorentzkade 128, 2014 CC Haarlem, The Netherlands CoC no.: 80262961, VAT no.: NL861608951B01 website: www.hangkey.nl, email: am@hangkey.nl
IBAN: DE61 1001 1001 2626 4390 04 in the name of AM Uildriks
2. General
2.1 These general terms and conditions apply to every product and offer of hangkey.nl and to every distance contract concluded between the customer and hangkey.nl. The general terms and conditions are accessible to everyone and are included on the website: hangkey.nl
2.2 Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at hangkey.nl and that they will be sent digitally free of charge as soon as possible upon request from the customer.
2.3 By placing an order or orders, you indicate that you agree to the delivery and payment terms. hangkey.nl reserves the right to amend its delivery and/or payment terms after the expiration of the term.
2.4 Unless otherwise agreed in writing, the general and/or specific terms and/or conditions of third parties are expressly not recognized by hangkey.nl.
2.5 hangkey.nl guarantees that the delivered product conforms to the agreement and meets the specifications stated in the offer, with the exception of printing and typesetting errors and as mentioned hereinafter in these general terms and conditions.
3. Delivery
3.1 Delivery takes place subject to availability and the order being complete. An order is normally delivered in one go. Orders placed before 5:00 PM are normally shipped the next day, provided the products are in stock.
3.2 In accordance with the Distance Selling Act, hangkey.nl will execute orders within 30 days at the latest. If this is not possible (because the ordered item is out of stock, cannot be delivered within 30 days, or is no longer available), or there is a delay for other reasons, or an order cannot be executed or can only be partially executed, the consumer will receive notification within 30 days of placing the order and, in that case, has the right to cancel the order without costs or notice of default.
3.3 The delivery obligation of hangkey.nl shall, barring proof to the contrary, be deemed fulfilled as soon as the goods to be delivered by hangkey.nl have been delivered to the customer. In the case of home delivery, the carrier's report, including a refusal of acceptance, constitutes full proof of the offer of delivery.
3.4 All timeframes mentioned on the website are indicative. Therefore, no rights can be derived from the stated timeframes.
4. Prices
4.1 Prices will not be increased within the validity period of the offer, unless legal measures make this necessary.
4.2 All prices on the website(s) are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
4.3 All prices on the website(s) are in EUROs (€) and exclude the applicable VAT rate, unless explicitly stated otherwise.
5. Cooling-off period / right of withdrawal
5.1 In the case of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the purchaser, being a natural person who is not acting in the exercise of a profession or business, has the right to withdraw (part of) the delivered goods within a period of 14 working days without giving reasons. After (notification of) withdrawal, the purchaser has another 14 days to return the products. If the purchaser has not returned the delivered goods to hangkey.nl after the expiry of these two periods, the purchase is irrevocable. Before proceeding with the return, the purchaser is obliged to notify hangkey.nl in writing of the return. The purchaser must prove that the delivered goods were returned in a timely manner, for example by means of proof of postal delivery. The return of the goods must, if reasonably possible, take place in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered, or damaged in any way by the customer, the customer is liable for the decrease in value of these goods. Subject to the provisions of the previous sentence, hangkey.nl will ensure that the full purchase amount, including any calculated shipping costs, is refunded to the customer within 14 days of cancellation. The return of the delivered goods is entirely at the expense and risk of the customer. As a service to its customers, hangkey.nl offers the option to return the shipment to a reply number. If this option is used, the costs thereof will be deducted from the refund. For current costs, please refer to our customer service page at www.hangkey.nl. The costs will never exceed the current rates of the carrier used.
5.2 The right of dissolution, as described in the previous paragraph, applies only to the delivered goods and shall in no case apply to services offered by hangkey.nl. For services where hangkey.nl acts merely as an intermediary or agent, the general terms and conditions of the original suppliers shall apply.
5.3 The right of withdrawal under Article 5.1 does not apply to: • services the performance of which, with the consent of the customer, has commenced before or during the withdrawal period of 14 working days; • goods or services whose price is subject to fluctuations on the (financial) market over which hangkey.nl has no influence; • goods manufactured according to the customer's specifications, for example custom-made items, or which have a clearly personal character; • goods or services which, by their nature, cannot be returned, for example due to hygiene reasons or because they can quickly spoil or become obsolete; • goods whose seal has been broken by the customer; • the delivery of newspapers and magazines; for betting and lottery services.
6. Data Management
6.1 If you place an order with hangkey.nl, your data will be included in hangkey.nl's customer database. hangkey.nl complies with the Personal Data Protection Act and will not provide your data to third parties.
6.2 hangkey.nl respects the privacy of the users of the website(s) and ensures the confidential treatment of your personal data.
6.3 hangkey.nl uses a mailing list in some cases. Each mailing contains instructions on how to remove yourself from this list.
7. Warranty
7.1 hangkey.nl guarantees that the goods supplied by it meet the requirements of usability, reliability, and lifespan as reasonably intended by the parties to the purchase agreement, and thereby stands by the manufacturer's warranty of the item delivered to the customer.
7.2 The warranty period of hangkey.nl corresponds to the manufacturer's warranty period. However, hangkey.nl is never responsible for the ultimate suitability of the goods for any individual application by the customer, nor for any advice regarding the use or application of the goods.
7.3 The customer is obliged to inspect the delivered goods immediately upon receipt. If it appears that the delivered item is incorrect, defective, or incomplete, the customer must report these defects immediately in writing to hangkey.nl (before proceeding to return it to hangkey.nl). Any defects or incorrectly delivered goods must and can be reported to hangkey.nl in writing no later than 14 days after delivery. The return of goods must, if reasonably possible, be made in the original packaging (including accessories and accompanying documentation) and in new condition. Use after discovery of one or more defects, damage occurring after discovery of a defect, encumbrance and/or resale after discovery of a defect, completely invalidates the right to claim and return.
7.4 If complaints from the customer are deemed justified by hangkey.nl, hangkey.nl will, at its discretion, either replace the delivered goods free of charge or enter into a written agreement with the customer regarding compensation, provided that the liability of hangkey.nl and consequently the amount of compensation is always limited to a maximum of the invoice amount of the goods in question, or (at the option of hangkey.nl) to a maximum amount covered in the relevant case by hangkey.nl's liability insurance. Any liability of hangkey.nl for any other form of damage is excluded, including but not limited to additional compensation in any form whatsoever, compensation for indirect damage or consequential damage, or damage due to lost profits. It is also possible for consumers to submit complaints via Webwinkelkeur (www.webwinkelkeur.nl) or via the European ODR platform (http://ec.europa.eu/odr).
7.5 hangkey.nl is not liable for damage caused by intent or equivalent conscious recklessness on the part of non-managerial personnel.
7.6 The provisions of this article shall not apply: A) as long as the customer is in default towards hangkey.nl; B) if the customer has repaired and/or modified the delivered goods themselves or has had them repaired and/or modified by third parties; C) if the delivered goods have been exposed to abnormal or unusual circumstances and/or are otherwise treated carelessly and/or treated contrary to the instructions of hangkey.nl and/or the instructions for use on the packaging; D) if the defectiveness is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the goods and/or materials used.
8. Offers
8.1 Offers are non-binding, unless stated otherwise in the offer.
8.2 Oral commitments only bind hangkey.nl after they have been expressly confirmed in writing.
8.3 Offers from hangkey.nl do not automatically apply to subsequent orders.
8.4 hangkey.nl cannot be held to its offer if the offer, or any part thereof, contained an obvious error or clerical mistake.
8.5 Additions, modifications, and/or further agreements are only valid if agreed upon in writing.
9. Agreement
9.1 An agreement between hangkey.nl and a customer is concluded after an order and/or assignment has been assessed by hangkey.nl for feasibility.
9.2 hangkey.nl reserves the right not to accept orders and/or assignments without giving reasons, or to accept them only on the condition that shipment takes place COD or after prepayment. 10. Images and specifications
10.1 All images (including photos, drawings, logos, labels, quality marks, etc.), documents (including technical descriptions, user manuals, etc.), and specifications (including product specifications, etc.) on the website(s) of hangkey.nl are approximate and/or indicative only. The customer cannot derive any rights from these, and they cannot, therefore, give rise to compensation or termination of the agreement.
11. Force Majeure
11.1 hangkey.nl is not liable if and to the extent that it is unable to fulfill its obligations due to force majeure.
11.2 Force majeure is understood to mean any external cause, as well as any circumstance which, in all reasonableness, should not be at its risk. Delays or non-performance by our suppliers, internet outages, power grid outages, email traffic disruptions, and disruptions or changes in services and/or technology provided by third parties, transport difficulties, strikes, government measures, supply delays, negligence of suppliers and/or manufacturers of hangkey.nl as well as of auxiliary personnel, staff illness, and defects in auxiliary or transport equipment are expressly considered force majeure.
11.3 In the event of force majeure, hangkey.nl reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be modified in such a way that performance remains possible. In no event shall hangkey.nl be obliged to pay any fine or compensation.
11.4 If, upon the occurrence of force majeure, hangkey.nl has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice the part already delivered or the deliverable part separately, and the customer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered or the deliverable part has no independent value.
12. Liability
12.1 hangkey.nl is not liable for damage caused by the incorrect application and/or use of products. Before use, the customer must follow the instructions on the packaging and/or consult the relevant manufacturer for further information regarding use.
12.2 hangkey.nl is not liable for any damage, direct or indirect, that occurs after delivery, for whatever reason, to the buyer, to the buyer's property, to the buyer or his family members, to third parties, or to the property of third parties. In particular, the seller is never liable for the loss or damage of the shipped items.
12.3 If it is established that the seller is nevertheless liable for any damage, liability is limited to the order amount of the order and never more than € 1,000 in total. hangkey.nl is not liable for the non-permanent availability of www.hangkey.nl and for technical or electronic errors in the online offers.
13. Retention of Title
13.1 Ownership of all goods sold and delivered by hangkey.nl to the customer remains with hangkey.nl as long as the customer has not settled hangkey.nl's claims arising from the agreement or earlier and/or later agreements, as long as the customer has not yet paid for the work performed or yet to be performed under this or other agreements, and as long as the customer has not yet settled hangkey.nl's claims due to failure to perform such obligations, including claims for fines, interest, and costs, all as referred to in Article 3:92 of the Dutch Civil Code.
13.2 The goods delivered by hangkey.nl subject to retention of title may only be resold within the framework of normal business operations and may never be used as a means of payment.
13.3 The customer is not authorized to pledge the goods subject to retention of title nor to encumber them in any other way. 13.4 The Customer hereby grants unconditional and irrevocable permission to hangkey.nl or a third party to be appointed by hangkey.nl to enter all places where its property may be located and to take such items away, in all cases where hangkey.nl wishes to exercise its ownership rights.
13.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the Customer is obliged to notify hangkey.nl thereof as soon as may reasonably be expected.
13.6 The Customer undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage, as well as against theft, and to provide the policy of this insurance for inspection to hangkey.nl upon first request.
14. Applicable law/competent court
14.1 All agreements are governed by Dutch law. 14.2 Disputes arising from an agreement between hangkey.nl and the customer shall be heard by the competent court within the district of Haarlem.