General Conditions HipTray bvba B2C

 

  1. Definitions

In these general terms and conditions, the following terms shall have the following meanings

  • Customer: the consumer;
  • Durable medium: any tool that enables the Client to store information addressed personally to him in a way that makes this information easily accessible for future use during a period that is tailored to the purpose for which the information can be used, and that enables an unchanged reproduction of the stored information;
  • Right of withdrawal: the possibility for the Client to renounce the Distance Contract within the cooling-off period;
  • Hiptray: the seller;
  • Distance contract: any contract between Hiptray and the Customer relating to goods or services concluded within the framework of a system organised by Hiptray for the sale of goods or services at a distance whereby, for the purpose of this contract, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract itself;
  • Website: hiptray.com

 

  1. Identity of the seller
  • Seller: Hiptray bvba (Hereinafter referred to as "Hiptray")
  • Registered office: Vijverlaan 53, bus 402 at 2610 Wilrijk
  • Telephone number and availability: +32 485 384 777 from Monday to Friday from 9 a.m. to 5 p.m.
  • E-mail address: info@hiptray.com
  • Company number: BE 0721.748.591
  • RPR: Antwerp, Antwerp branch.

 

  1. Applicability
  • All orders placed via the Website, mobile applications, by e-mail or by telephone at Hiptray are governed by these general terms and conditions, which apply to the exclusion of all other terms and conditions.
  • The general terms and conditions that apply to entrepreneurs can be consulted via the following link: https://en.hiptray.com/customer-service/general-conditions/general-conditions-b2b
  • When the Customer places an order, the Customer acknowledges to have read, understood and accepted these general terms and conditions without reservation.

 

  1. Order and acceptance
  • Orders can be placed via the Website, mobile applications, by e-mail or by telephone.
  • An agreement is only concluded between Hiptray and the Customer as soon as the Customer has met the set conditions and when Hiptray confirms the order.
  • Hiptray provides a complete and accurate description of the goods and/or services offered on its Website. The description is sufficiently detailed to enable the Customer to make a proper assessment of the offer. If Hiptray makes use of images, these are a faithful representation of the goods and/or services offered. Obvious mistakes or obvious errors in the offer do not bind Hiptray. Hiptray provides such information that it is clear to the Customer what rights and obligations are attached to the acceptance of the offer.
  • All product information is provided for indicative purposes only. Any verbal agreements and/or promises made by Hiptray's personnel or by representatives on behalf of Hiptray are only binding on Hiptray if it has confirmed them in writing.
  • If the agreement is concluded electronically, Hiptray will take appropriate technical and organisational measures to protect the electronic transfer of data and will ensure a safe web environment. If the Customer is able to pay electronically, Hiptray will observe appropriate security measures.

 

  1. Delivery
  • The delivery will take place as soon as possible. The delivery times on www.hiptray.com are only indicative and in no way imply an obligation to achieve a result. Hiptray will execute the accepted orders at the latest within thirty (30) days of the day following the day on which the Customer has sent his order to Hiptray, unless a different delivery period has been agreed.
  • The Customer is obliged to accept the goods delivered by Hiptray at the agreed time and to provide the necessary space so that the goods can be delivered. Hiptray delivers the goods to the Customer's building in a room on the ground floor. At the time of delivery, the Customer must sign the delivery note for receipt.
  • Hiptray reserves the right to make partial deliveries, which constitute the same number of partial sales. The partial delivery of an order cannot under any circumstances justify the refusal to pay for the delivered goods.
  • If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the Customer will be notified no later than thirty (30) calendar days after he has placed the order. In that case, the Client has the right to dissolve the agreement free of charge, unless the ordered goods have already been dispatched at that time. In case of dissolution, Hiptray will refund the amount paid by the Customer within thirty (30) days.

 

  1. Prices and payment methods
  • The prices mentioned on the Website are those mentioned on the day of the order and are inclusive of VAT but exclusive of any shipping costs.
  • The prices will not be increased during the course of the order, unless exchange rates and legal measures (e.g. customs tariffs, taxes and duties) make this necessary. In this case Hiptray will explicitly inform the Customer of this in writing and the Customer has the right to terminate the agreement without any costs or compensation.
  • The Customer must pay for the goods before delivery, including the delivery costs.
  • Payments made by the Customer to Hiptray will first be charged on the costs owed by the Customer, then on the interest owed and only in the last instance on the principal sum owed.

 

  1. Reservation of title
  • Contrary to article 1583 of the Belgian Civil Code, Hiptray reserves the right of ownership of the goods it sells to the Customer until the price of these goods has been paid in full, in principal, interest and costs.
  • The risks of loss of and damage to the goods will be transferred to the Customer or a third party, other than the carrier, designated by the Customer at the time of delivery.

 

  1. Conformity and warranty
  • The Customer is entitled to the statutory warranty of two (2) years, which applies from the date of delivery of the goods to the first owner. This warranty includes the repair or replacement of the defective item at no cost to the Customer. However, if the repair or replacement is not possible, would be disproportionate for Hiptray or would cause serious inconvenience to the Customer, Hiptray undertakes, at the request of the Customer, to grant an appropriate price reduction or, as the case may be, to dissolve the contract and to refund the full price, subject to restitution of the good by the Customer.
  • Each delivery of goods will be checked by the Customer immediately after receipt. Complaints regarding visible defects must be reported in writing within a period of forty-eight (48) hours after delivery, on pain of forfeiture of rights.
  • Complaints about visible defects are only valid and will only be examined on condition that the goods sold have not yet been put into use by the Client. Such complaints do not suspend the Customer's payment obligation.
  • If a hidden defect is discovered, the Customer must inform Hiptray as soon as possible. In any case, the Customer must notify Hiptray of any defect within a period of two (2) months after its discovery. Afterwards, any right to repair or replacement lapses.
  • In order to invoke the guarantee, the Customer must be able to present proof of purchase. Customers are advised to keep the original packaging of the goods.
  • For items purchased online and delivered to the Customer's home, the Customer must contact Hiptray's Customer Service Department and return the item to Hiptray at the Customer's expense.
  • The warranty does not apply to defects caused by accidents, negligence, falls, use of the item contrary to the purpose for which it was designed, non-observance of the user instructions or manual, modifications or alterations to the item, heavy use, poor maintenance, or any other abnormal or incorrect use, in the event that a third party, not legally authorised by Hiptray, has intervened or handled the goods and in the event of damage caused by fire, water (flood), lightning or a natural disaster.

 

  1. Right of withdrawal
  • Information about the right of withdrawal
  • In the case of a distance contract, the Customer has a period of fourteen (14) calendar days within which he can revoke the contract without giving any reason.
  • The withdrawal period starts to run from the day following the day on which the Client or a third party designated by the Client takes physical possession of the goods, except in special circumstances provided for in Book VI of the Belgian Civil Code.
  • In the case of several goods or goods composed of different consignments or parts which form part of a single order but which are delivered separately, counting from the day after physical possession of the last good or shipment or the last part;
  • In case of regular delivery during a certain period, counting from the day after physical possession of the first good.
  • In order to exercise the right of withdrawal, the Customer must inform Hiptray of the decision to withdraw from the contract by ordinary mail at Vijverlaan 53, bus 402 at 2610 Wilrijk, or by e-mail at info@hiptray.com by means of an unambiguous statement, by sending an unambiguous statement clearly indicating the decision to withdraw from the contract to info@hiptray.com
  • The burden of proof of the revocation lies with the Customer.

 

  • Consequences of the revocation
  • The Customer shall return the goods or hand them over to Hiptray or to a person authorised by Hiptray to take delivery of the goods, before the expiry of a period of three (3) calendar days after the day on which he has informed Hiptray of his decision to withdraw from the contract.
  • The Customer bears the direct costs of returning the goods unless otherwise agreed in writing and explicitly.
  • Hiptray will reimburse all payments received from the Customer, including delivery costs, within fourteen (14) calendar days of the day on which the Customer informed Hiptray of the decision to revoke. Hiptray reserves the right to make a refund until Hiptray has received all the goods or until the Customer has proved that he has returned the goods. Hiptray will reimburse the Customer using the same means of payment that it used for the original purchase, unless the Customer agrees that the refund will be made using a different means of payment.
  • The Customer is liable for any reduction in the value of the goods resulting from the handling of the goods that goes beyond what is necessary to establish the proper functioning of the goods.
  • Exceptions to the right of withdrawal
  • As provided for in the WER, the Customer cannot exercise the right of withdrawal as:
  • The price of the goods or services is linked to fluctuations in the financial market over which Hiptray has no influence and which may occur within the withdrawal period;
  • The delivered goods are manufactured according to the specifications of the Customer or are clearly intended for a specific person;
  • The delivered goods may deteriorate quickly or have a limited shelf life;
  • The sealed goods are open after delivery and cannot be returned for reasons of health protection or hygiene;
  • The delivered goods are irrevocably mixed with other goods after delivery;
  • The protection of the material carrier of delivered audio and video recordings or computer equipment (e.g. DVD, CD, USB stick, CD-ROM, video cassette, etc.) is broken after delivery. If the goods are not sealed, the customer can revoke the contract and return the goods undamaged;
  • The contract is concluded during a public auction.

 

  1. Dissolution of the contract
  • The Customer only has the right to dissolve the agreement with Hiptray in the event that Hiptray does not fulfil its obligations under the agreement due to gross negligence, intentional error, fraud or fraud on the part of Hiptray. If the Customer wishes to exercise his right of extrajudicial dissolution, he must inform Hiptray of this by registered letter within a reasonable period of time after he became aware of the circumstance that gave rise to the dissolution.
  • Hiptray has the right to dissolve the agreement with the Customer extrajudicially in subsequent cases:
  • The Customer appears to be insolvent; or
  • The Customer fails to comply with his obligations under the contract due to gross negligence, intentional misconduct, fraud or fraud; or
  • Confiscation shall be levied on all or part of the Client's assets.

If Hiptray wishes to exercise its right to dissolve the agreement, it must inform the Customer of this by registered letter within a reasonable period of time after it has reached the highest level of the circumstance that has given rise to the dissolution.

  1. Liability
  • The photographs and texts used to illustrate and describe the goods on the Website are not binding on Hiptray and are provided for information purposes only. Except in the case of intent or gross negligence, Hiptray does not accept any liability for errors or omissions in the photographs or texts on the Website.
  • With regard to international deliveries (i.e. deliveries outside Belgium), Hiptray accepts no liability whatsoever if the goods do not comply with the laws and regulations of the country of destination.
  • Without limiting the scope of these general terms and conditions, no claim for compensation - whether it relates to the delivered goods, the non-delivery of goods or otherwise - may exceed the amount paid for the articles that give rise to the claim for compensation. Under no circumstances can Hiptray be held liable for indirect, incidental or consequential damage of any kind (even if the occurrence of this damage was known or could have been known to Hiptray) resulting from its goods, the use of these goods, the sale of these goods or this Website.

 

  1. Force majeure
  • If Hiptray is unable to fulfil its obligations due to force majeure, it will not be liable to the Customer. In the event of force majeure, Hiptray is not obliged to pay any penalty or compensation.
  • Force majeure is understood to mean: any external cause, as well as any circumstance that should in all reasonableness not be at its own risk, such as, for example: delay or default by our suppliers for i.a. foreign merchandise and primary raw materials, disruptions of the internet, hacking of the Website, electricity disruptions, disruptions of e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, lock-outs, general mobilisation, state of war or revolution, bad weather conditions, strikes, government measures, delays in supply, obstacles to the receipt of fuels required for normal production, negligence on the part of our suppliers and/or manufacturers, as well as on the part of auxiliaries, sickness of personnel, defects in the means of assistance or transport, and all circumstances beyond the control of the client, are explicitly considered as force majeure.

 

  1. Protection of personal data and exchange of information
  • Hiptray processes the personal details provided by the Customer and makes them available to Hiptray in accordance with the privacy policy that can be found on our Website.
  • By using the Website, the Customer accepts to have read the privacy policy.

 

  1. Modification of general terms and conditions
  • Hiptray reserves the right to change these terms and conditions unilaterally. The updated version in force at the time of acceptance of an order by Hiptray will apply to the legal relationship resulting from that order. Hiptray will inform the Customer in writing of the amended general terms and conditions within fifteen (15) working days.

 

  1. Intellectual property
  • The Customer acknowledges and accepts that all content (texts, illustrations, photographs, images, files, designs, regulations and other things) on the Hiptray Website and derived versions are protected by intellectual property rights. Every copyright, registered trademark and intellectual property right relating to information or content on the Website is at all times the property of Hiptray or its licensors. The Customer can only use this information to the extent that explicit written permission has been given by Hiptray or its licensors.

 

  1. Split ability
  • If any provision (or part thereof) of these terms and conditions should be unenforceable or in conflict with any provision of mandatory law, this shall not affect the validity and enforceability of the other provisions of these terms and conditions nor the validity and enforceability of that part of the relevant provision that is not unenforceable or in conflict with any provision of mandatory law. In such event, the parties shall negotiate in good faith to replace the unenforceable or conflicting provisions with an enforceable and legally valid provision that is as close as possible to the purpose and purport of the original provision.

 

  1. Jurisdiction clause and applicable law
  • These general terms and conditions as well as any contract between Hiptray and the Customer are governed by Belgian law.
  • The courts of the district of Antwerp, Antwerp Division, are exclusively competent for all disputes, disputes and claims.