Terms of service

Terms and Conditions

Hermanos Global Trading B.V.Email: service@hermanosglobaltrading.com

Website: hermanos.store

Definitions

1. Hermanos Global Trading B.V.: Hermanos Global Trading B.V., established in Harderwijk under Chamber of Commerce no. 81948085.

2. Customer: the person with whom Hermanos Global Trading B.V. an agreement has been entered into.

3. Parties: Hermanos Global Trading B.V. and customer together.4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Hermanos Global Trading B.V..

2. Parties can 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 Hermanos Global Trading B.V. are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or otherwise agreed.

2. All prices Hermanos Global Trading B.V. uses for its products, on its website or which are otherwise made known, Hermanos Global Trading B.V. change at any time.

3. Increases in the cost prices of products or parts thereof, which Hermanos Global Trading B.V. could not foresee at the time of making the offer or 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.

Payments and payment term

1. Hermanos Global Trading B.V. may require a down payment of up to 50% of the agreed amount upon entering into the agreement.

2. The customer must have made payments in arrears within 7 days after delivery.

3. Payment terms are regarded as strict 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 and in default, without Hermanos Global Trading B.V. the customer has to send a reminder or give notice of default.

4. Hermanos Global Trading B.V. reserves the right to make a delivery conditional on immediate payment or to demand a security for the total amount of the services or products.

Consequences of not paying on time

1. If the customer does not pay within the agreed term, Hermanos Global Trading B.V. entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the customer is in default, whereby part of a month is counted as a whole month.

2. If the customer is in default, he also owes extrajudicial collection costs and any compensation to Hermanos Global Trading B.V..

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

4. If the customer does not pay on time, Hermanos Global Trading B.V. suspend its obligations until the customer has fulfilled its payment obligation.

5. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, the claims of Hermanos Global Trading B.V. immediately due and payable to the customer.

6. If the customer refuses to cooperate with the execution of the agreement by Hermanos Global Trading B.V., he is still obliged to pay Hermanos Global Trading B.V. the agreed price. to pay.

Right of advertising

1. As soon as the customer is in default, Hermanos Global Trading B.V. entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.

2. Hermanos Global Trading B.V. invokes the right to complain by means of a written or electronic communication.

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

4. The costs for the collection or return of the products will be borne by the customer.

Right of withdrawal

1. A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that the product: has not been used; is undamaged; is complete (as in the package); the consumer has not waived his right of withdrawal.

2. The reflection period of 14 days as referred to in paragraph 1 starts: on the day after the consumer has received the last product or part of 1 order, as soon as the consumer has confirmed that he will purchase digital content via the internet.

3. The consumer can make his appeal to the right of withdrawal known via service@hermanosglobaltrading.com, if desired using the contact form that can be approached via the website of Hermanos Global Trading B.V., hermanos.store. Please state the order number and reason for cancellation explicitly.

4. The consumer is obliged to return the product to Hermanos Global Trading B.V. within 14 days after making his right of withdrawal known, failing which his right of withdrawal will lapse. This only applies to products purchased via Hermanos.store, products purchased via the Bol.com platform must be returned in accordance with its procedure.

Reimbursement of delivery costs

1. If the consumer has made use of his right of withdrawal in good time and as a result of this the complete order has been sent to Hermanos Global Trading B.V. in good time. returned, Hermanos Global Trading B.V. refund any shipping costs paid by the consumer to the consumer within 14 days of receipt of the timely and fully returned order.

2. The costs for delivery are only for the account of Hermanos Global Trading B.V. insofar as the entire order is returned.

Reimbursement return costs

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

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. Hermanos Global Trading B.V. can invoke its right of retention and, in that case, retain the customer's products until the customer has paid all outstanding accounts with Hermanos Global Trading B.V. has paid, unless the customer has provided sufficient security for those costs.

2. The right of retention also applies under previous agreements from which the customer still owes payments to Hermanos Global Trading B.V..

3. Hermanos Global Trading B.V. 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 settle any debt owed to Hermanos Global Trading B.V. to be set off against a claim against Hermanos Global Trading B.V.. Retention of title

1. Hermanos Global Trading B.V. remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards Hermanos Global Trading B.V. on the basis of what with Hermanos Global Trading B.V. any agreement entered into, including claims for failure to perform.

2. Until then, Hermanos Global Trading B.V. invoke its retention of title and take back the goods.

3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.

4. If Hermanos Global Trading B.V. invokes its retention of title, the agreement is deemed to have been dissolved and Hermanos Global Trading B.V. the right to claim damages, lost profits and interest.

Delivery

1. Delivery takes place while stocks last.

2. Delivery takes place at Hermanos Global Trading B.V., unless the parties have agreed otherwise.

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

4. If the agreed amounts are not paid or are not paid on time, Hermanos Global Trading B.V. the right to suspend its obligations until the agreed part has been paid.

5. In the event of late payment, there is a default of creditors, with the result that the customer cannot inform Hermanos Global Trading B.V. for a late delivery. can object.

Delivery time

1. The information provided by Hermanos Global Trading B.V. Delivery times stated are indicative and do not entitle the customer to dissolution or compensation if these are exceeded, unless the parties have expressly agreed otherwise in writing.

2. The delivery time commences when the customer has completed the (electronic) ordering process in full and has received an (electronic) confirmation from Hermanos Global Trading B.V..

3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Hermanos Global Trading B.V. cannot deliver within 14 days after receiving a written demand to do so or if 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. Transportation costsTransport 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 have a note drawn up by the forwarder or delivery person before receiving the product, failing which Hermanos Global Trading B.V. 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 to Hermanos Global Trading B.V. prior to the transport, failing which Hermanos Global Trading B.V. cannot be held liable for any damage.

Storage

1. If the customer only accepts ordered products 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 will be fully borne by the customer.

Guarantee

1. The warranty with regard to products only applies to defects caused by faulty manufacture, 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 incompetent 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 transfers to the customer at the time when these are legally and/or actually delivered, or at least come under the control of the customer or from a third party who takes delivery of the product on behalf of the customer.

Exchange

1. Exchanging purchased items is only possible if the following conditions are met: exchange takes place within 14 days of purchase upon presentation of the original invoice, the product is returned in its original packaging or with the original (price) tags still attached the product has not yet been used

2. Discounted items, non-perishable items such as foodstuffs, custom-made items or items specially adapted for the customer cannot be exchanged.

Disclaimer

The customer indemnifies Hermanos Global Trading B.V. against all claims from third parties in connection with Hermanos Global Trading B.V. delivered products and/or services. Complaints

1. The customer must submit a document issued by Hermanos Global Trading B.V. to examine the delivered product or service as soon as possible for any shortcomings.

2. If a delivered product or service does not correspond to what the customer could reasonably expect from the agreement, the customer must inform Hermanos Global Trading B.V. as soon as possible, but in any case within 1 month after the discovery of the shortcomings.

3. Consumers should inform Hermanos Global Trading B.V. at the latest within 2 months after the discovery of the shortcomings.

4. The customer provides as detailed a description as possible of the shortcoming, so that Hermanos Global Trading B.V. is able to respond appropriately.

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 Hermanos Global Trading B.V. can be held to perform other work than has been agreed.

Notice of default

1. The customer must notify Hermanos Global Trading B.V. of any notice of default in writing.

2. It is the responsibility of the customer that a notice of default Hermanos Global Trading B.V. actually reached (on time). Joint and several liability customer

If Hermanos Global Trading B.V. enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts paid to Hermanos Global Trading B.V. under that agreement. to owe.

 Liability Hermanos Global Trading B.V.

1. Hermanos Global Trading B.V. is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.

2. If Hermanos Global Trading B.V. is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.

3. Hermanos Global Trading B.V. is never liable for indirect damage, such as consequential damage, loss of profit, lost savings or damage to third parties.

4. If Hermanos Global Trading B.V. 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. has.

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 Hermanos Global Trading B.V. lapses in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Right to dissolution

1. The customer has the right to dissolve the agreement when Hermanos Global Trading B.V. imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.

2. Is the fulfillment of the obligations by Hermanos Global Trading B.V. not permanently or temporarily impossible, then dissolution can only take place after Hermanos Global Trading B.V. is in default.

3. Hermanos Global Trading B.V. has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill its obligations under the agreement, or if Hermanos Global Trading B.V. has taken cognizance of circumstances that give him good grounds to fear that the customer will not be able to properly fulfill his obligations.

Force of the majority

1. In addition to the provisions of article 6:75 of the Dutch Civil Code, a shortcoming on the part of Hermanos Global Trading B.V. in the fulfillment of any obligation with regard to the customer not to Hermanos Global Trading B.V. can be attributed in any of the wills of Hermanos Global Trading B.V. independent situation, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from Hermanos Global Trading B.V. may be required.

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 arises as a result of which Hermanos Global Trading B.V. cannot fulfill one or more obligations to the customer, those obligations will be suspended until Hermanos Global Trading B.V. can meet 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.

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

Amendment of the agreement

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

2. The previous paragraph does not apply to products purchased in a physical store.

Change of terms and conditions

1. Hermanos Global Trading B.V. is entitled to amend or supplement these general terms and conditions.

2. Minor changes can be made at any time.3. Major substantive changes will be made by Hermanos Global Trading B.V. discuss with the customer as much as possible in advance.4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

 Transfer of rights

1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Hermanos Global Trading B.V..

2. This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.

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.

2. A provision that is null or voidable will in that case be replaced by a provision that comes closest to what Hermanos Global Trading B.V. had in mind when drafting the conditions on that point.

Applicable law and competent court

1. Only Dutch law applies to every agreement between the parties.2. The Dutch court in the district where Hermanos Global Trading B.V. is established / has its practice / has its office is exclusively authorized to take cognizance of any disputes between the parties, unless the law prescribes otherwise.

Prepared on February 17, 2021.