Happy Promo Terms & Conditions
1. Happy Promo: Happy Promo, based in the Hague under Chamber of Commerce No. 74343998.
2. Customer: The person with whom Happy Promo has entered into an agreement.
3. Parties: Happy Promo and Customer together.
4. Consumer: A customer who is also an individual and acts as a private person.
Applicability of general conditions
1. These terms apply to all offers, offers, works, orders, agreements and deliveries of services or products by or on behalf of Happy Promo.
2. The parties may derogate from these terms only if they have expressly agreed to do so in writing.
3. The parties expressly exclude the applicability of additional and/or different general terms and conditions of the customer or of third parties.
1. All Happy Promo prices are in euros, including VAT and excluding any other costs such’s administration costs, taxes and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
2. All prices offered by Happy Promo for its products or services, on its website or otherwise made known, may change Happy Promo at any time.
3. Increases in the cost prices of products or parts thereof, which Happy Promo could not foresee at the time of the offer or the conclusion of the contract, may give rise to price increases.
4. The consumer shall have 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.
If the customer has received a sample or model of a product, he may not derive any rights other than that of indicating the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.
Consequences not paying in time
1. If the customer does not pay within the agreed period, Happy Promo is entitled to charge an interest rate of 1% per month from the day the customer is in default, with a portion of a month being counted for an entire month.
2. In addition, if the Customer is in default, he shall owe extrajudicial collection costs and any damages to Happy Promo.
3. The collection costs shall be calculated on the basis of the Decree on the reimbursement of extrajudicial collection costs.
4. If the Customer fails to pay in due time, Happy Promo may suspend its obligations until the Customer has fulfilled his commitment.
5. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, Happy Promo’s claims on the customer shall be immediately due.
6. If the customer refuses to cooperate in the execution of the agreement by Happy Promo, he is still obliged to pay the agreed price to Happy Promo.
Right of advertising
1. As soon as the customer is in default, Happy Promo shall be entitled to invoke the right of advertising in respect of the unpaid products delivered to the customer.
2. Happy Promo shall invoke the right of advertising by means of a written or electronic communication.
3. Once the Customer has been informed of the right of advertising invoked, Customer shall immediately return the products to Happy Promo to which this right relates, unless other arrangements are made by the parties.
4. The costs of recovering or bringing the products shall be borne by the customer.
Right of withdrawal
1. A consumer may terminate an online purchase for a period of reflection of 14 days without giving reason provided that: The product has not
·been used it is not a product
·that can deteriorate rapidly; like food or flowers
·it’s not a product that has been specially made to measure or adapted for the consumer
·it is not a product that cannot be returned for hygienic reasons (underwear, bathing suits, etc.)
·the sealing is still intact, in the case of data carriers with digital content (dvds, cds’s, etc.)
·the product no travel, transport ticket, catering order or form of leisure is
·the product not a loose magazine or newspaper
·it is not (order for) emergency repair the
·consumer has not waived his right of withdrawal
2. The 14-day period of reflection as referred to in paragraph 1 shall commence:
o on the day after the consumer has received the last product or part of 1 order
o once the consumer
has received the first product o on a subscription
o once the consumer has purchased a service for the first time
o once the consumer has confirmed that he is digital content via the internet is going to decrease
3. The consumer can make his appeal to the right of withdrawal via firstname.lastname@example.org, if desired using the withdrawal form which can be downloaded via the website of Happy Promo, https://yourlovelyhome.nl/.
4. The consumer shall be obliged to return the product to Happy Promo within 14 days of the notification of his right of withdrawal, failing which his right of withdrawal shall lapse.
5. The return costs will only be charged to Happy Promo if the full order is returned.
6. If the purchase costs and any other costs (such as shipping and return costs) are eligible under the law, Happy Promo will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, Provided that the consumer has returned the product to Happy Promo in a timely manner.
Unless the customer is a consumer, the customer waids the right to suspend the fulfillment of any of the obligations arising out of this agreement.
Right of retention
1. Happy Promo may rely on its right of retention and in such a case hold customer products until the customer has paid all outstanding Happy Promo accounts, unless the customer has provided sufficient security for that charge.
2. The right of retention shall also apply on the basis of previous agreements from which the customer still owes payments to Happy Promo.
3. Happy Promo shall never be liable for any damage that the customer may suffer as a result of using his right of retention.
Unless the customer is a consumer, the customer waies his right to offset a debt to Happy Promo against a claim on Happy Promo.
Retention of title
1. Happy Promo shall remain the owner of all delivered products until the customer has fully met all his payment obligations for Happy Promo under any agreement concluded with Happy Promo, including any claims for failure to comply.
2. Until that time , Happy Promo may invoke his retention of title and take back the goods.
3. Before the ownership has been transferred to the customer, the customer shall not pledge, sell, dispose of or otherwise object to the products.
4. If Happy Promo appeals to its retention of title, the agreement shall be deemed dissolved and Happy Promo shall have the right to claim damages, lost profits and interest.
1. Delivery will take place as long as supplies last.
2. Delivery shall take place at Happy Promo, unless the parties have agreed otherwise.
3. Delivery of products ordered online shall take place at the address indicated by the customer.
4. If the agreed amounts are not paid or are not paid on time, Happy Promo shall have the right to suspend its obligations until the agreed part is satisfied.
5. In the event of late payment, there is a default of debt, which means that the customer cannot object to a late delivery to Happy Promo.
1. The delivery times indicated by Happy Promo are indicative and do not entitle the Customer to dissolve or to compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
2. Delivery time shall commence upon completion of the (electronic) ordering process and upon delivery of the order (electronic) by Happy Promo.
3. Exceeding the stated delivery time does not entitle the customer to compensation or to dissolve the agreement, unless Happy Promo cannot deliver in writing within 14 days of being given notice or otherwise agreed by the parties.
The customer must ensure that the actual delivery of the products ordered by him can take place in a timely manner.
Transport costs are at the customer’s expense, unless the parties have agreed otherwise.
Packaging and Shipping
1. If the packaging of a delivered product is opened or damaged, the customer must, before receiving the product, have a note of this by the freight forwarder or carrier, failing which Happy Promo cannot be held liable for any damage.
2. If the customer himself takes care of the transport of a product, he shall report any visible damage to products or packaging prior to transport to Happy Promo, failing which Happy Promo cannot be held liable for any damage.
1. If the customer does not purchase the ordered products until after the agreed delivery date, the risk of any loss of quality shall be entirely for the customer.
2. Any additional costs incurred as a result of premature or late purchase of products shall be borne entirely by the customer.
1. The warranty for products applies only to defects caused by faulty manufacture, construction or material.
2. The warranty shall not apply in the case of normal wear and damage resulting from accidents, modifications made to the product, negligence or improper use by the customer, and where the cause of the defect cannot be clearly identified.
3. The risk of loss, damage or theft of the products covered by an agreement between the parties shall be borne by the customer at the time when they are legally and/or effectively delivered; at least in the customer’s power or from a third party receiving the product for the customer’s benefit.
1. Exchange is only possible if the following conditions are met: Exchange
·takes place within 14 days of purchase on presentation of the original invoice the product
·is returned to the original packaging or with the original (price) tickets attached. The product
·has not yet been used 2.
Discounted items, non-sustainable items such as food, tailor-made items, or items specially adapted for the customer cannot be exchanged.
the Customer indemnifies Happy Promo against all claims of third parties related to the products and/or services provided by Happy Promo.
1. The customer should investigate any deficiencies as as soon as possible a product or service provided by Happy Promo.
2. If a delivered product or service does not meet the expectations of the customer in the reasonable circumstances of the agreement, the Customer shall inform Happy Promo thereof as soon as possible, but in any event within one month of the discovery of the deficiencies.
3. Consumers must inform Happy Promo within 2 months of the findings of the deficiencies.
4. The customer shall provide the most detailed description of the shortcoming in this respect, so as to enable Happy Promo to respond appropriately.
5. The customer shall demonstrate that the complaint relates to an agreement between the parties.
6. In any event, if a complaint relates to work in progress, it cannot lead to Happy Promo being held to perform activities other than those agreed.
Notice of default
1. The customer must make written notice of default to Happy Promo.
2. It is the responsibility of the customer to ensure that Happy Promo’s notice of default is actually achieved (in good time).
Customer roll call liability
If Happy Promo enters into an agreement with multiple customers, each of them will be jointly and severally liable for the full amounts they owe to Happy Promo under that agreement.
Liability Happy Promo
1. Happy Promo is only liable for any damage the customer suffers if and insofar as such damage is caused by willful misconduct or willful recklessness.
2. If Happy Promo is liable for any damage, it shall be liable only for direct damage arising out of or in connection with the performance of an agreement.
3. Happy Promo shall never be liable for indirect damages, such as consequential damages, lost profits, lost savings or damage to third parties.
4. If Happy Promo is liable, this liability shall be limited to the amount paid by a closed (professional) liability insurance and, in the absence of (full) payment by an insurance company of the amount of the damage, liability shall be limited to the (part of) invoice amount to which the liability relates.
5. All images, photographs, colors, drawings, descriptions’s the website or in a catalog are indicative only and are only approximate and cannot give rise to damages and/or (partial) dissolution of the agreement and/or suspension of any obligation.
In any event, any right of the Customer to compensation of Happy Promo shall lapse 12 months after the event from which liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.
Right to dissolve 1
. The Customer has the right to dissolve the agreement if Happy Promo is guilty of failing to fulfill its obligations, unless this failure, given its particular nature or minor significance, does not justify the dissolution.
2. If the fulfillment of the obligations by Happy Promo is not permanent or temporarily impossible, dissolution may only take place after Happy Promo is in default.
3. Happy Promo shall have the right to terminate the agreement with the Customer if the Customer fails to fully or promptly fulfill his obligations under the agreement; Or if Happy Promo has taken note of circumstances that give him good reason to fear that the customer will not be able to fulfill his obligations properly.
1. In addition to the provisions of Section 6:75 of the Dutch Civil Code, a defect of Happy Promo in the fulfillment of any obligation with respect to the customer cannot be attributed to Happy Promo in one of the wishes of Happy Promo independant situation, Which prevents the fulfillment of his obligations toward the customer in whole or in part, or which prevents the fulfillment of his obligations from being reasonably required of Happy Promo .
2. The situation of force majeure referred to in paragraph 1 shall include, but not limited to, the state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); any breach of performance and force majeure of suppliers, delivery agents or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, adverse weather conditions and work interruptions.
3. In the event of a situation of force majeure which prevents Happy Promo from fulfilling one or more obligations to the customer, such obligations shall be suspended until Happy Promo can meet them again.
4. From the moment a situation of force majeure has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. Happy Promo shall not be liable for any (damage) compensation in a situation of force majeure, even if it enjoys any advantage as a result of the situation of force majeure.
Modification of the agreement
If, after the conclusion of the agreement, it appears necessary to amend or supplement its contents for its implementation, the Parties shall adapt the agreement accordingly in good time and in agreement with each other.
Change of terms and conditions
1. Happy Promo shall be entitled to amend or supplement these general terms and conditions.
2. Amendments of minor importance may be made at any time.
3. Major changes in content will be discussed with Happy Promo as far as possible in advance with the customer.
4. Consumers shall be entitled to terminate the contract in the event of a substantial change in the general terms and conditions.
Transition of rights
1. Customer rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of Happy Promo.
2. This provision shall be deemed to be a clause with effect from goods, as referred to in Article 3:83, paragraph 2, of the Civil Code.
Consequences for voidness or voidability
1. If one or more of the provisions of these General Terms and Conditions prove null and void or unenforceable, this shall not affect the other provisions of these Terms and Conditions.
2. In such cases, a provision which is void or voided shall be replaced by a provision closest to what Happy Promo intended when drawing up the conditions at that point.
Applicable law and competent court
1. Any agreement between the parties shall be governed exclusively by Dutch law.
2. The Dutch court in the district where Happy Promo is established / practice / office holds / is exclusively authorized to take note of any disputes between the parties, unless the law requires otherwise.
Prepared on 21 February 2021.