Terms of service
Hineni Banners
Business and Visiting Address:
The Hoekje 1A
7913 BA, Hollanscheveld
Email Address: info@hineninbanners.com
Chamber of Commerce (KvK) Number: 55015123
Article 1 Definitions
1.1 In these general terms and conditions, the following terms are used in the following meanings, unless explicitly stated otherwise:
– Hineni Banners: the user of the general terms and conditions;
– Customer: a counterparty for whom products are delivered in accordance with an agreement;
– Agreement: the agreement between Hineni Banners and the Customer;
Article 2 Applicability
2.1 These General Terms and Conditions (hereinafter: Conditions) apply exclusively to all offers, orders, and agreements made by Hineni Banners, to the exclusion of any other general terms and conditions.
2.2 All rights and claims stipulated for the benefit of Hineni Banners in these Conditions and any further agreements are equally stipulated for the benefit of intermediaries and other third parties engaged by Hineni Banners.
2.3 Acceptance of an offer or placing an order implies the Customer's acceptance of the applicability of these Conditions.
2.4 The provisions in these Conditions may only be deviated from in writing, in which case the other provisions shall remain in full force.
2.5 Hineni Banners reserves the right to change or supplement these conditions from time to time.
Article 3 Offers and Formation of Agreements
3.1 Offers are valid while supplies last.
3.2 Hineni Banners cannot be held to its offers if the Customer, based on reasonableness and fairness and the commonly accepted standards in society, should have understood that the offer or any part thereof contains an obvious mistake or typographical error.
3.3 A composite price quote does not oblige Hineni Banners to deliver a part of the items included in the offer for a corresponding part of the quoted price.
3.4 Offers are not automatically valid for reorders.
3.5 Information, images, oral, telephone or email statements, etc. regarding all offers and the key characteristics of the products are given as accurately as possible. However, Hineni Banners does not guarantee that all product offers are fully in accordance with the provided information, etc. Deviations cannot, in principle, lead to compensation and/or termination of the agreement.
3.6 An agreement is concluded when an order confirmation is sent by email to the email address provided by the Customer.
3.7 Hineni Banners reserves the right to refuse orders or attach specific conditions to the delivery, unless explicitly stated otherwise. If an order or request is not accepted, Hineni Banners will communicate this as soon as possible after receiving the order.
Article 4 Prices
4.1 The prices listed on the Hineni Banners website include VAT.
4.2 For the products, the prices as listed on the Hineni Banners website are applied, subject to price changes and typographical errors. Hineni Banners has the right to inform the Customer of price errors before delivery or acceptance.
4.3 Hineni Banners' products are delivered at the prices in effect on the date of the order.
4.4 Hineni Banners reserves the right to deviate from the prices mentioned on the website in favor of the Customer in exceptional cases.
Article 5 Termination of the Agreement
5.1 Right of withdrawal: The Customer is entitled to return the order (or part of it) within 14 working days after delivery without giving reasons. The condition is that the original invoice is included, the item is not damaged, and it is still in its original packaging. Upon acceptance of the complaint, the Customer will receive the total purchase amount within 30 days at the latest. The shipping costs for returns are the responsibility of the Customer.
5.2 Hineni Banners reserves the right to refund only a portion of the amount or refuse the return entirely if there is reasonable suspicion that the products have already been used or damaged after receipt by the Customer.
Article 6 Delivery
6.1 Unless otherwise agreed, delivery is from stock. Hineni Banners is not responsible for any delays in delivery due to the actions of the logistics partner(s engaged by Hineni Banners.
6.2 If the Customer refuses to accept the delivery or fails to provide information or instructions necessary for delivery, the items intended for delivery will be stored at the Customer's risk after Hineni Banners has notified them. The Customer will be responsible for all additional costs in that case.
6.3 Specified delivery times by Hineni Banners are indicative. It can be reasonably expected that items in stock will be delivered within three working days. However, Hineni Banners is not bound to this.
6.4 In the case of a late delivery (e.g., due to temporary limited stock of an item), Hineni Banners will inform the Customer by email.
6.5 The Customer is entitled to send a formal written notice to Hineni Banners by registered mail and cancel the agreement if the delivery time exceeds 1 month. Hineni Banners will then refund the purchase amount.
6.6 If Hineni Banners requires additional information from the Customer in the context of executing the agreement, the delivery time starts after the Customer has provided this information to Hineni Banners.
Article 7 Warranty
7.1 Hineni Banners guarantees that the delivered goods meet the usual requirements and standards that can be set for them and are free from any defects.
7.2 The warranty mentioned in 7.1 applies for a period of seven working days after delivery. Product defects can be reported to Hineni Banners by email (info@Hineni Banners.com) within this period.
7.3 The purchase receipt serves as the warranty certificate.
7.4 If a product has a defect, Hineni Banners will replace the item within a reasonable period after receiving it or, if returning is reasonably not possible, after written notice of the defect by the Customer. The choice between replacement or reimbursement is at Hineni Banners' discretion. In the case of replacement, the Customer agrees to return the replaced item to Hineni Banners and transfer ownership of it to Hineni Banners (Art. 8).
7.5 Except as provided in section 7.4, the warranty does not apply in cases of normal wear and tear and in the following cases: - if changes have been made to the product; - if the original invoice cannot be presented, has been altered, or made illegible; - if damage is caused intentionally or through gross negligence.
7.6 It is possible that Hineni Banners includes links to other websites on its internet site that may be of interest or informative to the visitor. Such links are for information purposes only. Hineni Banners is not responsible for the content of the linked internet site or its use.
Article 8 Reservation of Ownership
8.1 Ownership of products does not pass to the Customer, despite actual delivery, until the Customer has fully paid all amounts due in connection with any agreement with Hineni Banners, including interest and costs, including those for previous deliveries and any work performed on the products.
8.2 The Customer may not burden, sell, deliver, alienate or otherwise encumber the products before ownership has passed to them.
Article 9 Inspection, Complaints
9.1 The Customer is obliged to examine the delivered goods at the time of (delivery). The Customer should examine whether the quality and quantity of the delivered goods correspond to what has been agreed, or at least meet the requirements that apply in normal (trade) traffic.
9.2 Any visible defects, including "technical defects," must be reported to Hineni Banners by email (info@Hineni Banners.com) within seven working days after delivery, along with the warranty certificate and the defective item unless this is impossible or unreasonably burdensome.
9.3 Hineni Banners will only accept returns that have been reported within the warranty period. The Customer bears the cost of the return shipment. After the warranty period, Hineni Banners is entitled to charge all costs for compensation or replacement, including administrative, shipping, and call-out charges.
9.4 If the Customer wishes to return defective items, this may only be done with prior written permission from Hineni Banners and in the manner specified by Hineni Banners. The return procedure will be communicated to the Customer on a case-by-case basis via email.
Article 10 Payment
10.1 At Hineni Banners, the personal data provided by the Customer for payment purposes are treated confidentially.
10.2 By placing an order, the Customer accepts the prices and delivery terms used by Hineni Banners.
10.3 Payments are processed by the payment company Mollie BV using the iDeal payment system. Hineni Banners is not responsible for any technical issues with the payment procedures of Mollie or iDeal, even if they result in delays in the delivery of products or incorrect processing of orders within the framework of the online store.
10.4 Hineni Banners ships the goods after payment has been approved by Mollie BV. This moment may differ from the actual debit from the Customer's bank account and/or credit to Hineni Banners' bank account.
10.5 Delivery usually takes place within three working days, but Hineni Banners is not bound to this. Late delivery is not a reason for (partial) reimbursement of payments made.
10.6 If delivery cannot take place unexpectedly, Hineni Banners will inform the Customer by email and reimburse the corresponding purchase amount to the Customer within thirty days after notification.
Article 11 Indemnities
11.1 The Customer indemnifies Hineni Banners from claims by third parties concerning industrial and intellectual property rights in materials or data provided by the Customer and used in the performance of the agreement.
11.2 If the Customer provides Hineni Banners with data carriers, electronic files, or software, the Customer guarantees that these data carriers, electronic files, or software are free of viruses and defects.
Article 12 Intellectual Property and Copyright
12.1 The Customer must fully and unconditionally respect all intellectual and industrial property rights resting on the products supplied by Hineni Banners.
Article 13 Liability
13.1 If goods delivered by Hineni Banners are defective, Hineni Banners' liability to the Customer is limited to what is regulated in these terms under Art.7 "Warranty."
13.2 Hineni Banners is never liable for consequential damages.
13.3 Notwithstanding the above, Hineni Banners is not liable if the damage is due to intent and/or gross negligence and/or blameworthy conduct, or improper or inappropriate use by the Customer.
13.4 The limitations of liability for direct damage in these terms do not apply if the damage is due to intent or gross negligence by Hineni Banners or its subordinates.
Article 14 Force Majeure
14.1 Without prejudice to its other rights, in the event of force majeure, Hineni Banners has the right to suspend the execution of the order at its discretion or to terminate the agreement without judicial intervention by notifying this in writing. Hineni Banners is not obligated to pay any damages in this case, unless this would be unacceptable according to standards of reasonableness and fairness in the given circumstances.
14.2 Force majeure in these Terms means, in addition to what is understood by this in the law and jurisprudence, all external causes, foreseen or unforeseen, on which Hineni Banners cannot exert influence, but as a result of which Hineni Banners cannot fulfill its obligations. Strikes in Hineni Banners' company are included. Force majeure also includes disruptions in a (telecommunications) network or connection or used communication systems and/or the unavailability of the website at any given time.
14.3 Parties may suspend the obligations under the agreement during the period that force majeure continues. If this period lasts longer than two months, either party is entitled to terminate the agreement without any obligation to pay damages to the other party.
14.4 If Hineni Banners has already fulfilled its obligations from the agreement in part at the time of the occurrence of force majeure or will be able to fulfill them, and if the fulfilled or to be fulfilled part has independent value, Hineni Banners is entitled to invoice the fulfilled or to be fulfilled part separately. The Customer is obliged to pay this invoice as if it were a separate agreement.
Article 15 Applicable Law and Competent Court
15.1 Dutch law applies to every agreement between Hineni Banners and the Customer.
15.2 All disputes related to or arising from offers from Hineni Banners or agreements concluded with Hineni Banners will be submitted to the competent judge.
Article 16 Disclaimer
16.1 All prices, percentages, and rates mentioned on the Hineni Banners website are subject to potential errors and can be changed by Hineni Banners without giving a reason. Any changes will only take effect after the conclusion of the agreement with the Customer and will only apply to future agreements.
16.2 Hineni Banners registers and stores the data provided by you in a database. This database will never be used for purposes other than those within the framework of the agreement, nor will it be made available to third parties.
16.3 The Hineni Banners website and all texts, documents, images, and sound appearing on it, in the broadest sense, are protected by copyright. Written permission is required for further distribution, publication, or transfer.
16.4 Hineni Banners excludes all liability for any damage (direct, indirect, or consequential) arising from the use of the website and its content. Hineni Banners maintains and secures the website and content. However, Hineni Banners does not provide any guarantees regarding technical imperfections. Furthermore, Hineni Banners cannot guarantee that the use of the website and its content will protect the Customer from so-called viruses and/or other harmful applications for the computer(s) used by the Customer. The Customer must take precautions for this on their own.
Article 17 Privacy
17.1 For the sale of our products, Hineni Banners requires the name, address, phone number, and any other customary data for the agreement. Hineni Banners uses this information for invoicing and the delivery of selected products, and if necessary, to contact its customers.
17.2 Hineni Banners complies with the applicable laws and regulations regarding the protection of personal data when processing personal data. Hineni Banners cannot provide the Customer's data to third parties without the prior written consent of the Customer.
17.3 The secrecy of letters also applies to email. This means that Hineni Banners strictly keeps the content of email messages from its customers to Hineni Banners confidential. To maintain the servers that handle email traffic, it is necessary for a small group of Hineni Banners employees, the administrators, to have access to these servers.
17.4 The Customer can sign up for Hineni Banners' newsletter free of charge and without obligation. If the Customer no longer wishes to be kept informed of information and offers that may be of interest, they can notify Hineni Banners by sending an email via the link in the last newsletter sent.
17.5 A Customer who has submitted their review of a product offered by Hineni Banners for publication on the Hineni Banners website also gives consent to have their first name and place of residence mentioned with their submitted text. Customer reviews may be edited by Hineni Banners to match the writing style of other texts on its website, without changing the essential content. The Customer has the right to object to the publication of their own review. In such a case, Hineni Banners is obliged to remove the respective text.
Article 18 Miscellaneous
18.1 If one or more of the provisions of these Terms or any other agreement with Hineni Banners should conflict with any applicable legal provision, the respective provision will be deemed null and will be replaced by a new legally permissible provision to be determined by Hineni Banners.
18.2 Hineni Banners is authorized to use third parties in the execution of the order(s).