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Terms & Conditions

Definitions:
In the below conditions HOPSAN means: HOPSAN headoffiche based in Tiel. 
The term "customer" in these terms means: the personality in charge, legal entity or (cooperation) in relation to the provision of services. 
"Parties" in these terms means HOPSAN and customer.
"Contract" in these conditions means any agreement between buyer and HOPSAN.
"Website" in these terms means www.hopsan.nl

Relevance

These general conditions apply to all offers of, contracts and agreements with HOPSAN relating to pre-orders and orders bought from stock. By placing an order the customer accepts these general conditions. Disclosure of these conditions occur during the order confirmation by e-mail, and these are on the Website. A different arrangements than these conditions, are only binding if it is confirmed by mail. The applicability of general terms and conditions by the customer are hereby explicitly rejected.

Agreements

An agreement between the parties is concluded at the time HOPSAN receives a signed order form the customer. Or by a confirmation on e-mail when the order is placed via the web-shop. The written confirmation or email HOPSAN agreement is deemed accurate and complete representation.If an agreement is concluded by using electronic communications, the absence of an original signature does not affect the binding force of the Agreement.
HOPSAN, the fulfillment of the obligations to suspend or delay the agreement with immediate effect to dissolve. It is free to HOPSAN to not adopt an order. The choice lies entirely with HOPSAN and they do not have to motivate the decision. In this case the consumer will be informed immediately.

Supply and delivery

The HOPSAN stated delivery times are based on the best at that time of concluding the contract are conditions. However, they are never binding. Overrun by HOPSAN agreed delivery dates shall not entitle buyer discount or termination of the contract. 
Unless HOPSAN delivers later than 30 days than the order can be cancelled by the costumer.
The goods sold from HOPSAN will be delivered, transportation, shipping, distribution of HOPSAN (Echteld to the destination of the customer) in connection with the (ex-) delivery will have to deal with the written confirmation by HOPSAN explicitly mentioned.
And are charged to the customer.
The place of delivery is the address that the consumer has notified the company on the confirmed order.
The risk / insurance passes to the buyer when the goods are delivered to the customer.
HOPSAN if compelled goods can be entitled to make partial deliveries if necessary.
 
Price
Prices are in EURO, and on the web-shop including VAT.

Payment:

We offer the following payment options:
By bank transfer: You can transfer the total amount to our bank Rabobank 146763254 tnv HOPSAN.
For international payments, the following codes are relevant: BIC: IBAN RABONL24: NL88RABO 0146763254
Payment must be made in advance, the order will be sent once payment is credited to the HOPSAN account listed. 
Or you can pay with Ideal.

Additional changes
Additional agreements or amendments to the contract are only binding when HOPSAN has a written confirmation or by e-mail confirmation.

Customer Data
The data of the customer will be properly filed. This information will be used for the implementation of the order of the customer. Buyer can ask for this data any time. By placing an order, customer approves that HOPSAN has the authorization to check personal data of customers can be requested from the population register.
To HOPSAN supplied personal data will be used to evaluate, signing and implementation an order.
And to remain a relationship to inform consumers about the HOPSAN marketing activity's, the recovery of outstanding invoices, combating fraud, compliance with legal obligations.

Retention
Ownership of products is transferred to the buyer of Hopsan once payment is transferred.
When the consumer received the products the risk and insurance of the goods at that point for the customer.

Complains
Customer will check immediately upon delivery if the order is according to agreement.
Any complaints must be notified by e-mail within 7 days after delivery date. After this deadline the customer does accept the order.     Any right to complain is not accepted when the customer uses the product for another purpose than for which it is suited to objective standards or for a purpose other than HOPSAN which reasonably could have imagined that it would be used. Minor differences in quality, color, size, number or finish shall be accepted by the customer and are commercially acceptable. When a complain is valid,HOPSAN will take action immediately. The product has to be returned for re-search. HOPSAN will work out a new plan with the consumer to complete the order as soon as possibleTotal or partial cancellation of the contract by customer is possible only in cooperation with HOPSAN.

Returns
Customer has the right to return the delivered goods within seven working days, without a motivation. In this case, the products need to be unused with labels and hangtags still on the product.Buyer in that case right to free refund of the amount paid by the customer in connection with the return. Refund of the amount paid will be transferred to the consumer as soon as possible. Transport cost for the consumer are limited to 2.50 euro. Returns after the above deadline need to be communicated directly with HOPSAN come to an agreement. HOPSAN can refuse late returned goods.

Liability
By deficiencies, for being within a legal relationship which these general conditions apply, HOPSAN, subject to its intent or gross negligence, no liability for loss of profits, property damage, personal injury or any other damages whatsoever, directly or indirectly, for customer and / or others may arise. HOPSAN might re-supply in case if the supply is not reasonably possible, a fair discount can be applied. Any liability of HOPSAN is limited to the injury as a possible result of their remuneration binding action was foreseeable to a maximum amount, of its liability insurance is paid, plus the amount of own risk under the policy conditions are not borne by the insurer.  If, for whatever reason, no payment under that scheme was made, any liability is limited to making HOPSAN for the task or the relevant case invoiced net invoice amount. Without prejudice to other provisions of these terms and conditions specified, HOPSAN for business and / or services provided by third parties involved, never more responsible as far as third parties towards HOPSAN liability and recourse.
HOPSAN customer is not liable if the damage is not promptly and within 5 days after they found it or could,                                      confirmed in writing to HOPSAN. HOPSAN stipulates all legal and contractual defenses available to it a defense against its own liability to the customer may request assistance, including for her subordinates and non-employees for whose conduct they would be liable under the law. Subject to the provisions otherwise in this article and these terms and conditions provided, furthermore, if any (legal) claims under penalty van decay later than 1 year after delivery.

Safeguard
Customer shall fully indemnify HOPSAN any liability to third parties HOPSAN could rest on by HOPSAN delivered or services rendered, where such liability under these conditions not HOPSAN rest.

Force Majeure
Force majeure ("majeure") is herein means any of the parties' independent, possibly unforeseeable circumstance which fulfillment of the contract by the Customer reasonably not (more) of HOPSAN may be required.
Force majeure of HOPSAN describes the following: strikes, excessive absenteeism of staff HOPSAN, fire, sabotage, government action, computer and telephone interference HOPSAN, unusual price increases, problems with suppliers, transporters and involuntary interference or obstacles which implement the agreement more costly and / or be onerous, such as storm damage and / or other natural disasters, and default ("culpable failure") by helping people of HOPSAN or recipient, which HOPSAN its obligations to the customer no (more) (time) to fulfill. If a force majeure situation arises, HOPSAN can implement to suspend or permanently terminate the contract, so can the customer, but only after the 30 days rule mentioned above in returns. In case of force majeure termination with the HOPSAN contract HOPSAN is not required to compensate .

Legal proceedings, applicable law and litigation
All legal relationships between parties are exclusively subject to Dutch law.

January 2010 HOPSAN
 
All transactions follow our terms and conditions. These are available on request.