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https://www.happy-house.nl/en/customer-service/terms-conditions
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Terms and Conditions Happy-House

1. Parties

1. Happy-House: Knoop B.V., registered with the Chamber of Commerce under number 10012259, established at Florijnweg 2 (6883 JP) in Velp (Gld), user of these general terms and conditions.
2. Further details of Happy-House:
Website: www.happy-house.nl
E-mail address: info@happy-house.nl
Telephone number: 026 - 362 3138
VAT identification number: 821476725B01
3. The Client: the (potential) customer of goods offered by Happy-House.
4. Consumer: the Client who is a natural person and who is acting for purposes outside his or her business or professional activities.

2. Applicability

1. Happy-House declares these general terms and conditions applicable to all offers made by Happy-House and, whether or not resulting from them, agreements entered into between the parties. Insofar as their contents have not been changed, these general terms and conditions will also apply to future contractual relationships between the parties.
2. Deviations from these terms and conditions only apply insofar as these have been explicitly agreed upon by the parties in writing.
3. General (purchase) conditions of the Client are expressly rejected.
4. Third parties involved by Happy-House in the execution of the agreement can also invoke these general terms and conditions.
5. If one or more (part(s)) of the provisions of these general terms and conditions are null and void or are annulled, the remaining provisions of these general terms and conditions remain applicable. In that case the parties shall consult in order to agree on new rules to replace the void and/or voided provisions, in which the purpose and purport of the void and/or voided provisions shall be expressed as much as possible.

3. Offer and agreement

1. Each offer, in the form of an offer or otherwise, is in its entirety and unconditionally free of obligation and revocable, unless otherwise indicated in writing by Happy-House.
2. Prices as stated on the website or in any other form of an offer, (unless stated otherwise) are in Euros and exclusive of VAT and subject to charges, surcharges and other factors.
3. All statements by Happy-House of numbers, sizes, weights and color of the articles in the displayed or provided designs, samples, drawings, images, photographs or models are only indications. A slight deviation from this in the delivered article shall not lead to a shortcoming in the fulfilment of the agreement on the part of Happy-House.
4. Obvious mistakes and errors in the offer are not binding towards Happy-House.
5. Each offer is only valid to the extent that the stock of Happy-House last.
6. An offer does not automatically apply to subsequent orders, repeat orders or renewals. 7. The agreement shall be concluded after both parties have signed a written offer, after Happy-House has confirmed a written acceptance or after Happy-House has commenced performance.
8. The agreement is expressly entered into under the suspensive condition of sufficient availability of the ordered products.

4. Execution and delivery

1. The Client enables Happy-House to execute the agreement. The Client undertakes to provide the necessary cooperation for the execution of the agreement by Happy-House.
2. Happy-House will endeavour to fulfil the agreement within the indicated/estimated period of time. This period is not fatal, as a result of which the Client must always first notify Happy-House of the default, giving it a reasonable period of time before being able to take any remedial action.
3. If Happy-House takes care of the delivery, The Client must provide a delivery address where Happy-House can deliver the goods (or have them delivered) between 08.00 and 22.00 hours on the indicated date. If The Client is not present on the indicated date at the time the goods are delivered, the costs of presenting the goods at a later time will be borne by The Client. The Client may then also receive a message that the order can be collected at Happy-House or at a other specific pick-up location. Happy-House shall take custody of the goods for a period of one month from the agreed delivery date. If The Client has not collected the goods within three working days of notification by Happy-House of completion of an order or after the agreed delivery date, Happy-House may charge a reasonable fee for storage and planning costs. The risk of damage and/or destruction within the period of storage is borne by The Client.
4. If delivery takes place at the office of Happy-House and the Client collects the goods there, the Client must comply with the agreed delivery date. If the Client does not collect the goods on the agreed date, Happy-House has the option of recovering the reasonable costs of storing the goods from the Client.
5. Happy-House is free to have the order and/or delivery carried out by third parties. Art. 7:404 of the Dutch Civil Code is expressly excluded in the agreement.
6. Goods are only delivered after the agreement has been concluded. The risk of loss or depreciation of the goods to be delivered is transferred to the Client from the moment they have been or would be made available to him, but this moment is delayed under the responsibility of the Client. This regardless of whether the transfer of ownership has already taken place.
7. Happy-House is entitled to execute the agreement in several stages and to invoice the part thus executed separately. If the agreement is executed in phases, Happy-House may suspend the execution of those parts belonging to a subsequent phase until the Client has approved the results of the preceding phase in writing. With this approval Happy-House can no longer be held liable for any defects that could reasonably have been known at the time of approval.
8. Without being in default, Happy-House may refuse a request to amend the agreement if this could have qualitative and/or quantitative consequences, e.g. for the work to be carried out or goods to be delivered.

5. Retention of title

1. Any transfer of ownership based on the agreement between the parties, possibly contrary to the actual granting of authority/power, shall only be transferred to The Client after he has paid in full all that which The Client contractualy owes or will owe Happy- House. This includes not only the principal sum, but also any further fines, additional costs or extrajudicial collection costs.
2. Because of this retention of title, The Client is therefore not entitled to alienate or encumber the goods with, for example, a pledge. Unless otherwise agreed, The Client is not permitted to make any changes to goods delivered under retention of title.
3. In order to facilitate efficient of the retention of title, The Client is required to inform Happy-House in good time and adequately in the event of impending bankruptcy, suspension of payments, debt restructuring or if third parties threaten to seize any of the goods delivered subject to retention of title. The Client is also obliged to adequately insure the goods delivered under retention of title against damage and theft.
4. If The Client fails to comply with any obligation under the agreement, The Client is obliged, at the request of Happy-House, to provide all necessary cooperation so that Happy- House can once again dispose of the delivered goods unencumbered. This includes any obligation at the request of Happy-House to uninstall and return the goods at the expense of The Client.

6. Warranty and liability

1. The Client accepts that all goods and services are delivered with all known, unknown, visible and invisible factual and legal defects, charges and limitations. No other guarantees are given than those provided by the supplier of Happy-House or otherwise expressly agreed.
2. The Client is obliged to check the delivery and execution as soon as possible, but at the latest within 10 hours, for conformity with regard to quantity and quality. If the performance does not comply with what could be expected on the basis of the agreement, and there is therefore a defect, The Client must inform Happy-House of this within 24 hours of delivery
3. After the provision of information as referred to in the previous paragraph, Happy-House shall repair or replace the defect free of charge to a reasonable extent. In case of repair, Happy-House is entitled to choose where the defect will be repaired. The Client is obliged to pay for transport. Only if the return is justified, Happy-House will pay for the return after repair or replacement. If neither of the two remedies described above is sufficient to remedy the defect effectively, The Client has the right to dissolve the agreement whereby The Client shall bear the costs of returning. The above applies without The Client being entitled to any compensation.
4. When the defect is caused by an error attributable to The Client, or The Client has informed Happy-House of the defect too late, or The Client has confirmed the completion of a phase, or The Client has given permission for the start of a subsequent milestone or The Client has put the delivered goods into use or in any case if a 3-month period has elapsed after delivery, The Clients right to any remedy/warranty lapses. The burden of proof regarding the defect lies with The Client.
5. The existence of a defect does not suspend the Client's obligation to pay.
6. The Client is never entitled to any remedy if what is delivered has been used incorrectly or carelessly. Improper use is understood to mean, among other things, improper handling or use and use in which instructions for use or maintenance instructions have not been followed. The Client shall strictly comply with all regulations, user instructions and instructions applicable to (the use of) what is delivered, including the instructions given in these general terms and conditions and the user manual for what is delivered. The Client shall be liable for all damage resulting from not or not fully complying with the aforementioned rules and instructions for use and use.
7. Any guarantee or other claim of The Client on Happy-House shall in any case lapse if The Client or others on the instructions of or with the approval of The Client have made changes to or in what is delivered of what is made available.
8. If Happy-House is liable to The Client, this liability shall at all times be limited to the amount to which the professional or corporate liability insurance taken out by Happy-House entitles The Client or, if the insurer will not pay, to the amount of the invoice amount related to the even giving rise to the damage occurred, to be increased by 15%.
9. Liability of Happy-House does not at all times extend to consequential damages and except for intent or gross negligence liability does not extend to property damage, personal injury, immaterial damage or loss of profit.
10. Happy-House does not investigate individual medical/corporeal or other negative consequences for a pet or person when selling the goods. The goods could also have a negative impact on medically weak(er) pets or trigger a possible allergic reaction. It is the Client's own responsibility to examine such influences and for this purpose the Client is obliged to carefully test the goods and in the event of (the appearance of) a negative influence, immediately refrain from further use. All consequences shall be at the expense and risk of the Client.
11. The Client indemnifies Happy-House against any damage incurred by third parties in connection with the agreement as a result of Happy-House actions, including failure to act, based on the information, data and documents provided by The Client incorrectly, incompletely or too late or incomplete manner of use of the goods and services or if the Client has acted contrary to these general terms and conditions.
12. The products are subject to a 12-month guarantee for invisible defects, subject to the exonerations stated in the general terms and conditions. In all cases the period within which Happy-House can be held liable for any remedy, such as compensation for damage, is limited to 12 months after delivery.

7. Prices and payment

1. This agreement has been concluded by mutual consent. By concluding the agreement, the parties consider the prices to be reasonable and fair.
2. A compound quotation does not oblige Happy-House to carry out part of the assignment for a corresponding part of the quoted price.
3. Unless otherwise agreed, The Client must pay the sum due in full prior to delivery. If payment is made by invoice, it must be paid by bank transfer within 14 days of receipt. Happy-House is entitled to send the invoice immediately after the conclusion of the agreement.
4. If the agreed term of payment is exceeded, Happy-House shall immediately be entitled to charge The Client default interest of 1% of the principal sum per month as well as an amount - not subject to mitigation - for extrajudicial collection costs. The latter costs amount to 15% of the principal sum due with a minimum amount of EUR. 100,- excluding VAT.
5. Without the express written consent of Happy-House, The Client is not permitted to set off and/or suspend and/or withhold its payment obligations, therefore The Client cannot claim any right of retention.

8. Termination of the agreement

1. Happy-House has the right to dissolve the agreement with The Client with immediate effect for the future by means of a written notification without (further) prior notice of default if:
a) The Client ceases or otherwise liquidates all or part of its business operations and/or substantially modifies its business operations or transfers them to a third party without the prior written consent of Happy-House;
b) The Client is granted (whether or not provisionally) a suspension of payments or The Client declares bankruptcy, The Client submits a request for the application of a debt rescheduling arrangement or The Client is placed under guardianship or administration. c) A right to which The Client is entitled is seized.
2. In case of termination of the agreement all payments due by the Client to Happy-House are immediately due and payable in full. If the work is not completed in full, the Client will owe a proportional part of the total sum of money.
3. In the event of termination of the agreement, the Client will, at the request of Happy- House, provide all necessary cooperation so that Happy-House can once again dispose of the goods delivered without hindrance.
4. Art 7:408 of the Dutch Civil Code is excluded. The Client does not have the possibility to terminate a contract of assignment prematurely.

9. Force majeure

1. Force majeure shall be understood to mean, in addition to the provisions of the law and jurisprudence in this respect shall be understood to mean all external causes, foreseen or unforeseen, on which Happy-House cannot exert any influence. This will include war, industrial disturbances, strikes, epidemics, traffic disruptions, unforeseeable stagnation, disruptions or failures in the supply of energy, shortcomings by parties on whom Happy-House depends for the execution of the agreement, sickness in the workforce, transport difficulties, fire, loss or damage during transport and government measures.
2. During force majeure the obligations of Happy-House are suspended. If performance due to force majeure is impossible for more than a month or there are other circumstances that make it disproportionately onerous for Happy-House to fulfil its obligations, Happy-House is authorised to dissolve the agreement in whole or in part by notifying The Client and without judicial intervention, without any obligation to pay compensation in that case.
3. If Happy-House has already fulfilled part of its obligations when the force majeure occurs, it shall be entitled to invoice the part already delivered or performed separately, or to credit part of the amount paid in advance.

10. Intellectual property rights

1. Happy-House reserves the rights and powers vested in it by virtue of the Copyright Act and other intellectual property laws and regulations.
2. The trademarks, images, logos and photographs used and displayed on the website and goods of Happy-House are registered or unregistered trademarks of Happy-House or third parties and may not be used commercially without the prior consent of the owner of those trademarks.

11. Choice of forum, choice of law and transfer of rights

1. Happy-House is authorized to transfer its rights and obligations under this agreement to third parties. The Client is only authorised to transfer its rights and obligations to a third party with the written consent of Happy-House.
2. This - and other agreement(s) concluded between the parties - is exclusively governed by Dutch law, with the express exception of the Vienna Sales Convention. Should an obligation arise between the parties in the future, other than as a result of an agreement, then that obligation shall also be governed by Dutch law.
3. In the event of a dispute arising from the agreement between the parties, the exclusive and absolutely competent court is the court in the district where Happy-House has its registered office. In the event that a dispute arises between the parties regarding non- contractual obligations, the exclusive and absolutely competent court shall also be the court in the district where Happy-House has its registered office.

12. Right of revocation

1. This article only applies to sales to a Consumer and if the agreement has not been concluded in a physical shop, but at a distance, for example via the webshop.
2. In principle, the Consumer has the right to revoke the contract within a period of 14 days without giving reasons. However, the Consumer does not have a right of withdrawal if the purchase concerns goods that have been manufactured according to the Consumer's specifications, that are not prefabricated and that are manufactured on the basis of an individual choice or decision of the Consumer, or that are clearly intended for a specific person. Nor does the Consumer have a right of revocation in other cases referred to in Article 6:230o of the Dutch Civil Code.
3. The withdrawal period shall expire 14 days after the day on which the Consumer or a third party other than the carrier and indicated by the Consumer acquires physical possession of the goods or, in the case of contracts where the Consumer has ordered several goods to be delivered separately in the same order, the day on which the Consumer or a third party other than the carrier and indicated by the Consumer acquires physical possession of the last good delivered.
4. In order to exercise the right of withdrawal, the Consumer must inform Happy-House of the decision to withdraw from the contract by means of an unequivocal statement (e.g. in writing by post, fax or e-mail). For this purpose, the Consumer may use the attached model revocation form as shown at the bottom of these general terms and conditions and which can also be downloaded via this link, but is not obliged to do so.
5. Withdrawal shall have taken place within the period set for this purpose if the communication concerning the exercise of the right of withdrawal has been sent by the Consumer before the withdrawal period has expired.
6. If the Consumer withdraws from the agreement, all payments made by the Consumer up to that moment, including delivery costs (with the exception of any extra costs resulting from the delivery chosen by the Consumer other than the standard delivery offered by Happy-House), will be refunded by Happy-House immediately and in any case no later than 14 days after Happy-House has been informed of the Consumer's decision to withdraw from the agreement. Happy-House will reimburse the Consumer by the same means of payment as the Consumer used to carry out the original transaction, unless the Consumer has expressly agreed to payment by another means of payment; in any case, the Consumer will not be charged any costs for such reimbursement.
7. Happy-House is entitled to suspend the refund until it has received the goods back, or the Consumer has proved that the Consumer has returned the goods, whichever is the earliest. Happy-House will collect the goods or the Consumer must return or hand over the goods to Happy-House immediately, but in any case no later than 14 days after the day on which the Consumer has notified Happy-House of the decision to withdraw from the agreement. The deadline for returning the goods has been met if the Consumer returns the goods before the period of 14 days has expired. The direct costs of returning the goods will be borne by the Consumer. The Consumer is only liable for the reduction in value of the goods resulting from the use of the goods, which goes beyond what is necessary to determine the nature, characteristics and functioning of the goods.
8. Model revocation form; in order to facilitate revocation for the Consumer, Happy-House makes the form mentioned below available to the Consumer. The Consumer may use this form to revoke the contract.

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To Happy-House Florijnweg 2 6883 JP
Velp (Gld)

The Netherlands

info@happy-house.nl www.happy-house.nl

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)

• Ordered on (*)/Catch on (*) • Name/Names Consumer(s) • Address Consumer(s)

• Signature of Consumer(s) (only if this form is submitted on paper) • Date(*)


Download the Terms of Happy-House in PDF format.