Terms and Conditions

Terms and Conditions of HIBS, part of H.I.B.S. B.V., located in Haarlem.

Version valid from December 1, 2019.

Article 1. General

1.3 In these general terms and conditions of sale, HIBS refers to: www.hibsbv.nl
1.2 These general terms and conditions apply to all agreements between HIBS and the customer. By placing an order, the customer indicates their agreement with the delivery and/or payment conditions. The agreement is concluded at the moment of acceptance of the offer and compliance with the conditions set.
1.3 These conditions are part of all offers from and agreements with HIBS insofar as they have not been explicitly deviated from in writing
1.4 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by HIBS.
1.5 In the event that the Conditions and an Agreement contain mutually conflicting clauses, the Agreement shall prevail
1.6 If any part of the Conditions is void or annulled, the remaining provisions of the Conditions will remain in full force and the parties will be bound to make an effort to establish a replacement provision in good consultation that is valid and approximates the original intentions of the parties as much as possible.
1.7 The buyer is deemed to be aware of these conditions.
1.8 These General Terms and Conditions are available at the HIBS office.

Article 2. Offers and formation of agreements

2.1 All offers are without obligation, unless explicitly stated otherwise by HIBS
2.2 Agreements for the delivery of goods and/or services only bind HIBS after written confirmation. Actual execution by HIBS or an invoice sent by HIBS is equivalent to a written confirmation of the offer.
2.3 If the correctness of the content of this written confirmation is not disputed in writing within 8 days, HIBS and the customer are bound by it.
2.4 Offers from HIBS do not automatically apply to repeat orders.
2.5 HIBS cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
2.6 Additions, amendments and/or further agreements are only valid if agreed in writing.

Article 3. Prices/Price increase

3.1 All prices are expressed in Euros, including sales tax (VAT) and excluding shipping costs, unless stated otherwise.
3.2 HIBS guarantees that price increases will not take place after the conclusion of the agreement, unless the price increase is the result of legal regulations and/or provisions, with due observance of article 3.4
3.3 If the price increase is not the result of legal regulations and/or provisions, the consumer has the right to cancel the distance contract on the day on which the price increase takes effect.
3.4 The stated prices will not be changed after the conclusion of the agreement, unless the period between the conclusion of the agreement and the delivery is longer than three months and there are grounds for adjusting the prices.

Article 4. Delivery

4.1 We deliver your product to the address you provided when placing the order. You can no longer change the address if we have already sent the package. PostNL or another courier service takes care of the distribution. When the package has been sent, you will receive a track & trace code from us, with which you can track the order.
4.2 HIBS does its best to deliver the order as quickly as possible. A delivery time specified by HIBS can never be regarded as a strict deadline. If the order is delayed, we will inform you of this in writing. We guarantee that you will receive the order no later than 30 days after confirmation of the order.
If this unexpectedly fails, you can request us to (a) immediately refund the amount you paid for the product, or (b) send a replacement product (of equal value).

Article 5. Right of return/withdrawal

5.1 You may always return the product, provided it is unused, within 14 days after you have received it. You can do this as described in our return procedure on the return page.
You may only unpack and use the product to the extent necessary to determine whether you want to keep the product. The product can only be returned in new condition, in the original packaging. You cannot return a product with traces of use
5.2 HIBS must be informed of the shipment by e-mail prior to the return shipment. The e-mail address is: [email protected]
5.3 HIBS will refund the purchase amount within 14 days of receiving your return shipment. You will be refunded according to the original form of payment. The shipping costs for returning an item are at your own expense.
5.4 We cannot accept unpaid shipments.
5.5 In the event of a return shipment, the customer bears the transport risk. After the articles have been received by HIBS, the risk of damage and loss passes to HIBS.
5.6 Items that have been custom-made (according to your instructions) are not covered by the right of withdrawal and cannot be exchanged or returned.
5.7 You can also use the European model form for withdrawal to notify us that you are canceling the purchase. However, the use of this form is not mandatory.

Article 6. Force majeure

6.1 Force majeure is understood to mean, in addition to what is understood in law and jurisprudence, all circumstances over which HIBS has no influence and which impede or make the delivery of goods impossible, including but not limited to strikes at HIBS and/or suppliers, malfunctions in the Internet or WAP, malfunctions in electricity, malfunctions in e-mail traffic and malfunctions or changes in technology supplied by third parties.
6.2 A claim for force majeure can also be made if the circumstance that prevents (further) fulfillment occurs after HIBS should have fulfilled the obligation.
6.3 If the period during which fulfillment of the obligation by HIBS is not possible due to force majeure lasts longer than two weeks, both parties are entitled to terminate the agreement, without any obligation to pay compensation in that case.
6.4 If HIBS has already partially fulfilled its obligations when the force majeure occurs, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or 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 already delivered or deliverable part has no independent value.

Article 7 Guarantee

7.1 HIBS does not offer a more extensive warranty on delivered goods than the warranty (conditions) of the manufacturer of these goods, without affecting the rights of the customer arising from mandatory legal provisions.
7.2 However, HIBS 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 check the delivered goods immediately upon receipt. If it appears that the delivered item is incorrect, defective or incomplete, the customer must immediately report these defects in writing to HIBS (before proceeding to return the item to HIBS). Any defects or incorrectly delivered goods must and can be reported in writing to HIBS no later than 2 months after delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Taking into use after discovering a defect, damage arising after discovering a defect, encumbrance and/or resale after discovering a defect, will invalidate this right to claim and return the goods.
7.4 If complaints from the customer are found to be justified by HIBS, HIBS will, at its option, either replace the delivered goods free of charge or make a written arrangement with the customer regarding compensation, on the understanding that the liability of HIBS and consequently the amount of compensation is always limited to at most the invoice amount of the relevant goods, or (at the option of HIBS) to the maximum amount covered in the relevant case by the liability insurance of HIBS. Any liability of HIBS for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit.
7.5 HIBS is not liable for damage caused by intent or deliberate recklessness equivalent to intent on the part of non-managerial staff.
7.6 This warranty does not apply if:
A) and as long as the customer is in default towards HIBS;
B) the customer or others have repaired and/or processed the delivered goods themselves or have had them repaired/or processed by third parties, without HIBS’s permission;
C) the delivered goods have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the instructions of HIBS and/or instructions for use on the packaging;
D) the defectiveness is wholly or partially the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.
E) type numbers and/or serial numbers and/or warranty stickers are damaged, removed and/or changed;
F) defects have arisen due to other external causes; On certain equipment to be specified by HIBS, the manufacturer’s warranty will be provided on the conditions and for the period as determined by the factory. The warranty period is not extended or renewed by the performance of work, on the understanding that the warranty on work performed is 3 (three) months. Any call-out costs/shipping costs may be charged. In order to be able to claim warranty, proof of warranty rights must be shown upon request. This proof consists of a dated purchase receipt/invoice.

Article 8. Payment

The (total) price of the products is indicated in our webshop. You pay via our online payment service; Mollie provides this payment service. Payment must be made within 7 days after an order has been placed and thus the purchase agreement has been concluded.

Article 9. Retention of title

9.1 The ownership of all goods sold and delivered by HIBS to the customer remains with HIBS as long as the customer has not met the claims of HIBS under the agreement or earlier or later similar agreements, as long as the customer has not yet met the work performed or to be performed from these or similar agreements and as long as the customer has not yet met the claims of HIBS due to failure to fulfill such obligations, including claims in respect of fines, interest and costs, all as referred to in article 3:92 BW.1
9.2 HIBS is irrevocably authorized, as soon as the customer is in default with any obligation whatsoever, to take back the articles that have remained the property of HIBS from the customer.

Article 10. Privacy

10.1 HIBS respects the privacy of online visitors to its website and is the sole owner of the information obtained through this website, unless stated otherwise. This information will not be sold, shared or rented to third parties by HIBS in any way other than as stated in this privacy statement.
10.2 Information from which the identity of an online visitor to the HIBS website can be derived is provided voluntarily by the visitor. This information may be used within HIBS with the aim of making visits to our websites as simple and pleasant as possible. In addition, this information may be used for analysis and the provision of information about HIBS’s product portfolio. The customer expressly gives permission for this. HIBS is entitled to disclose information about a visitor in special cases, when there is reason to believe that the disclosure of that information is necessary to identify, contact or bring legal action against someone who, whether intentionally or unintentionally, harms or damages the rights or property of HIBS, other users of its website or others who may suffer damage as a result. HIBS is entitled to release information about users when we believe in good faith that the law requires it.
10.3 HIBS collects non-personal information about our online visitors in order to determine the total number of visitors to the website, as well as the type of Internet browser and operating system used. Personal data can be removed at the request of the online visitor insofar as this does not require disproportionate effort or costs for HIBS.

Article 11. Liability

11.1 HIBS is not liable for damage caused by the use of a product. This does not apply if that damage was caused by our intent, gross negligence or deliberate recklessness. Your right to compensation will in any case be a maximum of the amount of the product ordered and paid for.
11.2 HIBS is not liable for advice provided by it, any incorrect entries in the website and/or printing and typesetting errors on promotional material, technical data provided by suppliers or manufacturers and unforeseeable and reasonably uncontrollable poor quality of the products.
11.3 HIBS makes no guarantees about the content and operation of this website. HIBS accepts no liability for defects in this website, problems with calling up and ordering articles.

Article 12. Intellectual property rights

12.1 Unless explicitly agreed otherwise in writing, the full copyrights and all other intellectual and industrial property rights with regard to the goods or services supplied by HIBS, such as trademark rights, design rights, patent rights, etc., rest exclusively with HIBS and/or its suppliers.
12.2 Parties undertake to take sufficient measures to ensure confidentiality with regard to each other’s data of a confidential nature of which they become aware during the execution of the agreement.

Article 13. Applicable law

Dutch law applies exclusively to all offers and agreements of HIBS. The applicability of the Vienna Sales Convention is explicitly excluded.

Article 14. Complaints/disputes

14.1 The customer can email questions and/or complaints to [email protected]. Complaints are usually processed within 14 days. If this is not possible for any reason, the customer will be informed of the duration of the delay.
14.2 The customer is able to submit the dispute to an independent dispute committee, which does not affect the customer’s right to submit the dispute to a competent court.

H.I.B.S. B.V.

Postal address:
Fregat 89
1991 MD Velserbroek

Registered address:
Claes Tillyweg 6
2031CW Haarlem

Chamber of Commerce number: 34391171
Phone: 06-28081522 / 06-21434375

Email address: [email protected]