Terms & Conditions

Article 1 - Definitions

For the purposes of these terms and conditions, the following definitions apply:

Supplementary agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with Hey There;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or trader to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Model form: the model withdrawal form that Hey There makes available that a consumer can fill in when he wants to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance Contract: an agreement in which, within the framework of a system for distance selling of products and/or services organized by Hey There, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
Distance communication technique: means that can be used to conclude a contract without the consumer and trader having met in the same room at the same time.

13. General Terms and Conditions: the present General Terms and Conditions of Hey There.

Article 2 - Identity of Hey There

Hey There

Address: Ambyerstraat Noord 161, 6225ED, Maastricht, NL

Other company information:

Chamber of Commerce (KVK) number: 91841224

VAT identification number: NL004919140B68

Article 3 - Applicability

These general terms and conditions apply to every offer made by Hey There and to every distance agreement and orders between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be viewed at Hey There and that they will be sent free of charge as soon as possible at the request of the consumer.
By way of derogation from the previous paragraph and before the distance contract is concluded, if the distance contract is concluded by electronic means, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be taken cognizance of electronically and that they will be sent free of charge at the consumer’s request by electronic means or by other means.
In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will remain in force for the rest and the relevant provision will be replaced immediately by a provision that approximates the purport of the original as much as possible.
Situations that are not regulated in these general terms and conditions must be assessed ‘in accordance with the spirit’ of these general terms and conditions.
Any ambiguities about the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. Hey There has the right to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If Hey There uses images, they are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind Hey There.
All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
Images accompanying products are a true representation of the products offered. The Entrepreneur cannot guarantee that the colours displayed correspond exactly to the real colours of the products.
Each offer shall contain information in such a way that it is clear to the consumer what the rights and obligations are attached to the acceptance of the offer

Article 5 - The Agreement

Subject to the provisions of paragraph 4, the agreement shall be concluded at the time of acceptance by the consumer of the offer and the fulfilment of the conditions laid down therein.
If the consumer has accepted the offer by electronic means, Hey There will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by Hey There, the consumer can dissolve the agreement.
If the agreement is concluded electronically, Hey There will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer is able to pay electronically, Hey There will take appropriate security measures to this end.
Hey There can – within legal frameworks – find out whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, Hey There has good reasons not to enter into the agreement, it is entitled to refuse an order or request or to attach special conditions to the execution.
Hey There will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

the Hey There e-mail address where consumers can contact with complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about warranties and existing after-sales service;
the information included in Article 4 paragraph 3 of these terms and conditions, unless Hey There has already provided this information to the consumer before the execution of the agreement;
the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph shall only apply to the first supply.
Each agreement is entered into under the conditions precedent of sufficient availability of the products in question.

Article 6 - Right of withdrawal & Returns

On delivery of products:

When purchasing products, the consumer has the option to dissolve the contract without giving reasons for a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative appointed in advance by the consumer and disclosed to Hey There.
During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to be able to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product to Hey There with all accessories supplied and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by Hey There.
If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to Hey There within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to Hey There, the purchase is a fact.

In the provision of services:

In the case of delivery of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
In order to make use of his right of withdrawal, the consumer shall comply with the reasonable and clear instructions provided by Hey There in this regard at the time of the offer and/or at the latest at the time of delivery.

Return

Is your order not quite what you expected? Then you have the right to cancel your order up to 14 days after receipt without giving any reason. After cancellation, you have another 14 days to return your product. You will then be credited with the full order amount including shipping costs. Only the costs for returning from your address to Hey There are for your own account. If you make use of your right of withdrawal, the product will be returned to Hey There with all accessories supplied and – if reasonably possible – in its original condition and packaging. To exercise this right, please contact us at [email protected]. We will then refund the order amount due within 14 days after registration of your return, provided that the product has already been returned in good order.

Important conditions:

The processing of your return will take a maximum of 14 days after receipt of your return. The amount to be received will be refunded by us via the same method used when placing the order. This will take a maximum of 5 working days from the time of transfer. If you paid with a credit card, it may take a little longer.
If reasonably possible, the gift box must be returned in its original packaging.
If the product is damaged or the packaging is damaged more than necessary to try the product, we can pass on this depreciation of the product to you. So handle the product with care and make sure it is properly packaged when returned.
Only complete gift boxes can be returned, no individual products from a gift box.
Without a track and trace code, no investigation will be started into missing returns. So keep in mind that proof of shipment with track & trace code is a requirement to be eligible for a refund
Please note that the costs for return are for your own account.

Article 7 - Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, he shall be responsible for the costs of return at most.
If the consumer has paid an amount, Hey There will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, this is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be submitted. Refunds will be made via the same payment method used by the consumer, unless the consumer expressly gives permission for another payment method.
In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
The consumer cannot be held liable for depreciation of the product if Hey There has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

Hey There may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if Hey There has clearly stated this in the offer, at least in time before the conclusion of the agreement.
Exclusion from the right of withdrawal is only possible for products:

created by Hey There in accordance with consumer specifications;
which are clearly personal in nature;
which, by their nature, cannot be returned;
which can spoil or age quickly;
the price of which is subject to fluctuations in the financial market over which Hey There has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software that the consumer has unsealed.
for hygienic products where the seal has been broken by the consumer.

Article 9 - Model form

Model withdrawal form

(please fill out and return this form only if you wish to withdraw from the contract)

— At
Hey There
Ambyerstraat Noord 161
6225ED Maastricht, NL

I/We (*) hereby give notice that I/We (*) withdraw from our contract for the sale of the following goods/provision of the following service (*) (*):

Ordered on (DD-MM-YYYY) : — Order number :

Received on (DD-MM-YYYY):

Name(s) of consumer(s)

— Address of consumer(s) :

IBAN Account Number:

Date(DD-MM-YYYY):

Article 10 - Conformity and Warranty

Hey There guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, Hey There also guarantees that the product is suitable for other than normal use.
A warranty provided by Hey There, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against Hey There on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to Hey There in writing within 2 months after delivery. The products must be returned in the original packaging and in new condition.
The warranty period of Hey There corresponds to the manufacturer’s warranty period. However, Hey There is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:

The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or are contrary to the instructions of Hey There and/or have been treated on the packaging;
The defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 11 - Delivery and execution

Hey There will take the utmost care in the receipt and execution of orders of products and in the assessment of requests for the provision of services.
The place of delivery shall be the address which the consumer has made known to the business.
Subject to what is stated in paragraph 4 of this article, the Company will execute accepted orders expeditiously but no later than within 30 days, unless the Consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially executed, the consumer will be notified no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any of the aforementioned deadlines. Exceeding a time limit does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, Hey There will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, Hey There will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of a possible return shipment are at the expense of Hey There.
The risk of damage and/or loss of products rests with Hey There until the moment of delivery to the consumer or a representative appointed in advance and made known to Hey There, unless expressly agreed otherwise.

Article 12 - Long-term transactions: duration, termination and extension

Termination

The consumer may terminate an agreement that has been entered into for an indefinite period of time and that aims at the regular delivery of products (including electricity) or services, at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract for a fixed period of time for the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.
The consumer may use the contracts referred to in the preceding paragraphs:

terminate at any time and not be limited to termination at a particular time or period;
at least denounce in the same manner as they have entered into by him;
always cancel with the same notice period as Hey There has stipulated for itself.

Extension

A fixed-term contract for the regular supply of products (including electricity) or services may not be tacitly renewed or renewed for a specified period.
By way of derogation from the previous paragraph, a fixed-term contract for the regular delivery of daily, news, weekly newspapers and periodicals may be tacitly renewed for a fixed period of up to three months if the consumer can terminate this extended contract by the end of the extension with a notice period of not more than one month.
A fixed-term contract for the regular delivery of products or services may be tacitly renewed for an indefinite period only if the consumer is entitled to terminate at any time with a notice period of not more than one month and a notice period of not more than three months in the event that the contract is intended to provide for the regular, but less than once a month, delivering daily, news and weekly newspapers and magazines.
An agreement for a limited period of time for the regular delivery of daily, news and weekly newspapers and magazines for the purpose of introduction (trial or introductory subscription) shall not be tacitly continued and shall automatically end at the end of the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6(1). In the case of a contract for the provision of a service, this period starts after the consumer has received the confirmation of the contract.
The consumer has the duty to report any inaccuracies in the payment details provided or mentioned to Hey There without delay.
In the event of non-payment by the consumer, Hey There has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

Hey There has a sufficiently publicised complaints procedure and will handle the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to Hey There within 2 months after the consumer has noticed the defects.
Complaints submitted to Hey There will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Hey There will respond within the period of 14 days with a notification of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute settlement.

In the event of complaints, a consumer must first contact the entrepreneur. If the webshop is affiliated with WebwinkelKeur and in the event of complaints that cannot be resolved by mutual agreement, the consumer must contact WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge.
WebwinkelKeur has been appointed as an independent disputes committee, the decision of which is binding and both entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this arbitration committee, which must be paid by the consumer to the relevant committee.

In case of complaints, a consumer should first contact Hey There. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint shall not suspend the obligations of Hey There, unless Hey There indicates otherwise in writing.
If a complaint is found to be justified by Hey There, Hey There will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between Hey There and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the consumer lives abroad.
The Vienna Sales Convention shall not apply.

Article 16 - Additional or deviating provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 17 - Price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except in the event of price changes due to changes in VAT rates.
By way of derogation from the previous paragraph, Hey There may offer products or services whose prices are subject to fluctuations in the financial market and over which Hey There has no influence, at variable prices. This fact that there are fluctuations and the fact that any prices quoted are indicative prices are indicated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or regulations.
Price increases from 3 months after the conclusion of the agreement are only permitted if Hey There has stipulated this and:

they are the result of legal regulations or provisions; or
the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, Hey There is not obliged to deliver the product according to the incorrect price.