STORE INFORMATION

General terms and conditions Haibonsau

E-mail: mkl.haibonsau@gmail.com

Website : haibonsau.com

 

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1. Haibonsau: Haibonsau, established in Antwerp, Chamber of Commerce number 0772445444.

2. Customer: the party which Haibonsau has entered into an agreement with.

3. Parties: Haibonsau and customer together.

4. consumer: a customer who is an individual acting for private purposes.

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Applicability

1. These terms and conditions will apply to all quotations offers activities orders agreements and deliveries of services are products by or on behalf of Haibonsau.

2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.

3. These parties expressly exclude the applicability of supplementary and or deviating general terms and conditions of the customer or of third parties.

 

Prices

1. All prices used by Haibonsau are in euros, are inclusive of VAT end exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.

2. Haibonsau is entitled to adjust all prices for its products or services shown in its shop on its website or otherwise at any time.

3. Increases in the cost prices of products or parties thereof, which Haibonsau could not foresee at the time of making an offer or the conclusion of the agreement may give rise to price increases.

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

 

Sample/Models

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

 

Payments and payment term.

1. Haibonsau May at the conclusion of the agreement require a down payment of up to 50% of the agreed amount.

2. The customer must have paid the full amount within seven days after delivery

3. Payments terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term he is legally in default, without Haibonsau having to send the customer a reminder or to put it in default.

4. Haibonsau reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the service or products.

 

Consequences of late payments

1. If the customer does not pay within the agreed term, Haibonsau is entitled to charge an interest of 2% per week for non-commercial transactions from the day customer is in default whereby a part of a week is counted for a whole week.

2. When the customer is in default he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Haibonsau.

3. The collection costs are calculated on the basis of the reimbursement for extrajudicial collection costs.

4. If the customer does not pay on time, Haibonsau may suspend its obligations until the customer has met his payment obligation.

5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer the claims of Haibonsau on the customer are immediately due and payable.

6. If the customer refuses to cooperate with the performance of the agreement by Haibonsau, he still obliged to pay the agreed price to Haibonsau.

 

Right of recovery of goods

1. As soon as the customer is in default Haibonsau is entitled to invoke the right of recovery with regards to the unpaid product delivered to the customer.

2. Haibonsau invokes the right of recovery by means of a written or electronic announcement.

3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Haibonsau, unless the parties agree to make other arrangements about this.

4. The cost for the collection or return of the products are at the expense of the customer.

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Right of withdrawal

1. A consumer may cancel an online purchase during a cooling-off period of 3 days without giving any reason provided that:

• The product has not been used

• The product is not specially tailored for the consumer or adapted to its special needs (personalized)

• The consumer has not renounced his right of withdrawal

1. The cooling-off period of 7 days as referred to in paragraph one commences:

• On the day after a consumer has received the last product or part of 1 order

• As soon as the consumer has received the first product (of a subscription)

1. The consumer can notify his right of withdrawal via mkl.haibonsau@gmail.com.

2. The consumer is obliged to return the product to Haibonsau within 14 days after notification of his right of withdrawal after which his right of withdrawal will lapse.

 

Reimbursement of delivery costs

1. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Haibonsau will refund these costs to the consumer within 14 days of receipt of the time they appeal to the right of withdrawal, provided that the consumer has returned the product to Haibonsau in time.

2. The cost for return are only reimbursed by Haibonsau if the complete order is returned, with no damages.

 

Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order on time, the cost of for returning the complete order will be bome by the consumer.

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

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Right of retention

1. Haibonsau can appeal to his right of retention of title and in that case retained the product sold by Haibonsau to the customer until the customer has paid all outstanding invoices with regard to Haibonsau unless the customer has provided sufficient security for these payments.

2. the right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Haibonsau.

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

 

Settlement

The customer waives his right to settle any debt to Haibonsau with any claim on Haibonsau.

Retention of title

1. Haibonsau remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Haibonsau under whatever agreement with Haibonsau including of claims regarding the shortcomings in the performance

2. Until then Haibonsau can invoke its retention of title and take back the goods

3. Before the property is transferred to the customer, the customer may not pledge sell dispose of or otherwise encumber the products.

4. If Haibonsau invokes its retention of title the agreement will be dissolved and Haibonsau has the right to claim compensation lost profits and interest.

 

Delivery

1. Delivery takes place while stocks last

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

3. Delivery of products ordered online takes place at the address indicated by the customer

4. If the agreed price is not paid on time Haibonsau has the right to suspend its obligations until the agreed price is fully paid.

5. In the event of late payment the customer is automatically in default and hereby he cannot object to late delivery by Haibonsau.

 

Delivery period

1. Any delivery specified by Haibonsau is indicative and does not give the customer the right to dissolution or conversation if this period is not met with unless the parties have expressly agreed otherwise in writing.

2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of this order from Haibonsau.

3. Exceeding the specified delivery. Does not entitle the customer to compensation on the right to terminate the contract, unless Haibonsau cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.

 

Actual delivery

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

Transport costs

Transport costs are paid by the customer unless the parties have agreed upon otherwise.

Packaging and shipping

1. If the package of a delivery product is open or damaged the customer must have a note drawn up by the forwarder or delivery person before receiving the product in the absence of which Haibonsau may not be held liable for any damage.

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

 

Insurance

 

Storage

1. If the customer order products later than the agreed delivery date the risk of any quality loss is entirely for the customer.

2. Any extra cost as a result of premature or late purchase of products are entirely at the customer's expense

Guarantee

1. The warranty relating to products only applies to defects caused by faulty manufacturer construction or material.

2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents changes made to the product negligence or improper use by the customer or when the cause of the defect cannot clearly be established.

3. The risk of loss damage or theft of the products that are the subject of an agreement between the parties will pass on to the customer when these products are legally and are factually delivered at least are in the power of the customer or of a third party who receives the products for the benefit of the customer.

 

Indemnity

The customer indemnifies Haibonsau against all third party claims that are related to the projects and or services supplied by Haibonsau.

 

Complaints

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

2. If the delivery product or service did not comply with what the customer could reasonably expect from the agreement the customer must inform Haibonsau of this as soon as possible but in any case within one week after the discovery of the shortcomings.

3. Consumers must inform Haibonsau of this within one month after detection of the shortcomings.

4. The customer gives a detailed description as possible of the shortcomings visualized by pictures so that Haibonsau is able to respond adequately.

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 Haibonsau being forced to perform other work than has been agreed.

Giving notice:

1. The customer was to provide any notice of default to Haibonsau in writing

2. It is the responsibility of the customer that a notice of default actually reaches Haibonsau in time.

Joint and several client liabilities

If Haibonsau entered into an agreement with several customers each of them shall be jointly and severally liable for the full amounts due to Haibonsau and Haibonsau debt agreement.

 

Liability of Haibonsau

1. Haibonsau is only liable for any damage to customer suffers if and insofar as this damage is caused by intent or gross negligence.

2. If Haibonsau is liable for any damage it is only liable for direct damages that result from or is related to the execution of an agreement.

3. Haibonsau is never liable for indirect damages such as consequential loss profit loss savings or damage to third parties.

4. If Haibonsau is liable it's liability is limited to the amount paid by a closed professional liability insurance and in the absence of full payment by an insurance company of the damages the amount of the liability is limited to the part of the invoice to which the liability relates.

5. All images photos colors drawings descriptions on the website are in a catalog are only indicative and are only approximate and cannot lead to any compensation and or partial dissolution of the agreement and our suspension of any obligation.

 

Dissolution

1. The customer has the right to dissolve the agreement if Haibonsau imputable fails in the fulfillment of his obligations unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.

2. If the fulfillment of the obligations by Haibonsau is not permanent or temporarily possible dissolution can only take place after Haibonsau is in default.

3. Haibonsau has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill his obligations under the agreement or if circumstances give himself good grounds to fear that customer will not be able to fulfill his obligations properly.

 

Force majeure

1. In addition to provisions of Article 6:75 Dutch Civil Code a shortcoming of Haibonsau in the fulfillment of any obligation to the customer cannot be attributed to Haibonsau in any situation independent of the will of Haibonsau when the fulfillment of its obligations toward the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Haibonsau.

2. The fourth major situation referred to in paragraph one is also applicable but not limited to state of emergency such as civil war, insurrection, riots, natural disaster, etc.): The faults and force major of suppliers delivery men or otherwise third parties unexpected disturbances of power electricity Internet computer or telecoms computer viruses strikes government measures unforeseen transport problems bad weather conditions and work stoppages.

3. If a situation of force majeure arises as a result of which Haibonsau cannot fulfill one or more obligations towards the customer these obligations will be suspended until hurricane comply with it.

4. From the moment that the force major situation has lasted at least 30 calendar days both parties may dissolve the agreement in writing in whole or in part.

5. Haibonsau does not owe any damage compensation in a situation of force major even if it has obtained any advantages as a result of the fourth majeure situation.

 

Modification of the agreement

If after the conclusion of the agreement and before its implementation it appears necessary to change or supplement its contents the parties shall timely and in mutual consultation adjust the agreement accordingly.

 

Changes in the general terms and conditions

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

2. Changes of minor importance can be made at anytime

3. Major changes in content will be discussed by Haibonsau with the customer in advance as much as possible

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

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Transfer of rights

1. The customer cannot transfer its right deferring from an agreement with Haibonsau to third parties without the prior written consent of Haibonsau

2. This provision applies as a clause with a property law effects as referred to in Section 3:83 (2) Dutch Civil Code.

 

Consequences of nullity or annullability

1. If one or more provisions of these general terms and conditions prove null or unknowable this will not affect the other provisions of these terms and conditions

2. A provision that is null or annullable shall in that case be replaced by a provision that comes closest to what Haibonsau had in mind when drafting the conditions on that issue.

 

Applicable law and competent court

1. Belgian law is exclusively applicable to all agreements between the parties.

2. The Belgian court in the district where Haibonsau is established is exclusively competent in case of any disputes between parties unless the law prescribes otherwise.

Draw up on 20th February 2023