General terms and conditions

Our Terms and Conditions can be found below. These apply when using the website and placing an order through hooba.nl.
The Terms and Conditions contain important information for you as a buyer. Please read them carefully.

Article 1. Definitions

Hooba: established in Hattem and registered with the Chamber of Commerce under registration number 69824312, trading under the name Hooba.

1.1 Website: the Hooba website, accessible via www.hooba.nl and all associated subdomains.

1.2 Customer: the natural person who, not acting in the exercise of a profession or business, enters into an Agreement with Hooba and/or has registered on the Website.

1.3 Agreement: any arrangement or agreement between Hooba and Customer, of which the General Terms and Conditions form an integral part.

1.4 General Terms and Conditions: these General Terms and Conditions.

Article 2. Applicability of General Terms and Conditions

2.1 The General Terms and Conditions apply to all offers, agreements and deliveries from Hooba, unless expressly agreed otherwise in writing.

2.2 If the Customer in its order, confirmation or communication of acceptance includes provisions or conditions that deviate from or do not appear in the General Terms and Conditions, these will only be binding on Hooba if and to the extent that they have been expressly accepted by Hooba in writing.

2.3 In the event that specific product or service conditions apply in addition to these General Terms and Conditions, those conditions will also apply, but in the event of conflicting conditions, the Customer may always rely on the applicable provision that is most favourable to him.

Article 3. Prices and information

3.1 All prices stated on the Website and in other materials originating from Hooba are inclusive of VAT and, unless otherwise stated on the Website, other government levies.

3.2 If shipping costs are charged, this will be clearly stated well in advance of the conclusion of the Agreement. These costs will also be displayed separately during the ordering process.

3.3 The content of the Website has been compiled with the utmost care. However, Hooba cannot guarantee that all information on the Website is always correct and complete. Therefore, all prices and other information on the Website and in other materials originating from Hooba are subject to obvious programming and typographical errors.

3.4 Hooba cannot be held responsible for (colour) deviations due to screen quality.

Article 4. Establishment of Agreement

4.1. The Agreement is concluded at the moment the Customer accepts Hooba's offer and meets the conditions set by Hooba.

4.2 If the Customer has accepted the offer electronically, Hooba will immediately confirm receipt of acceptance of the offer electronically. Until receipt of this acceptance has been confirmed, the Customer has the option to terminate the Agreement.

4.3 If it appears that incorrect information has been provided by the Customer upon acceptance or otherwise entering into the Agreement, Hooba has the right to fulfil its obligations only after the correct information has been received.

4.4 Hooba may, within legal frameworks, investigate whether the Customer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the Agreement. If, based on this investigation, Hooba has good reason not to enter into the Agreement, it is entitled to reject an order or request with reasons or to impose special conditions, such as advance payment, on its execution.

Article 5. Registration

5.1 To make optimal use of the Website, Customer can register via the registration form/account login option on the Website.

5.2 During the registration process, the Customer chooses a username and password that they can use to log in to the Website after registration. The Customer is responsible for choosing a sufficiently secure password.

5.3 The Customer must keep their login credentials, username, and password strictly confidential. Hooba is not liable for misuse of login credentials and may always assume that a Customer logging in to the Website is actually that Customer. Everything that happens through the Customer's account is the responsibility and risk of the Customer.

5.4 If Customer knows or suspects that his login details have fallen into the hands of unauthorized persons, he must change his password as soon as possible and/or notify Hooba of this, so that Hooba can take appropriate measures.

Article 6. Execution of the Agreement

6.1 Once the order has been received by Hooba, Hooba will send the products as soon as possible, taking into account the provisions of paragraph 3 of this Article.

6.2 Hooba is entitled to engage third parties to perform the obligations arising from the Agreement.

6.3 The delivery time is generally five (5) business days. Delivery may take place in various ways and is at Hooba's discretion.

6.4 If Hooba cannot deliver the products within the agreed delivery time, it will notify the Customer. The Customer can then agree to a new delivery date or cancel the Agreement free of charge.

6.5 Hooba recommends that the Customer inspect the delivered products and report any defects found within a reasonable time, preferably in writing. See the Article regarding warranty and conformity for more information.

6.6 As soon as the products to be delivered have been delivered to the specified delivery address, the risk for these products passes to the Customer. Unless expressly agreed otherwise, the risk passes to the Customer earlier. If the Customer decides to collect the products, the risk passes upon delivery of the products.

6.7 Hooba is entitled to deliver a product similar in quality to the one ordered if the product ordered is no longer available. The Customer is then entitled to terminate the Agreement free of charge and return the product free of charge.

Article 7. Right of withdrawal

7.1 This article only applies to the Customer, being a natural person who is not acting in the exercise of his profession or business.

7.2 The Customer has the right to cancel the distance contract with Hooba within 30 days after receipt of the product, without giving any reason and free of charge.

7.3 The term commences on the day after the Customer, or a third party designated by the Customer in advance, who is not the carrier, has received the product, or:

· if the Customer has ordered multiple products in the same order: the day on which the Customer, or a third party designated by the Customer, received the last product;

· if the delivery of a product consists of different shipments or parts: the day on which the Customer, or a third party designated by him, has received the last shipment or the last part;

· for Agreements for regular delivery of products over a specific period: the day on which the Customer, or a third party designated by the Customer, has received the first product.

7.4 The Customer must bear the return costs themselves. If these costs exceed the regular postal rate, Hooba will provide an estimate. The shipping costs incurred by the Customer when purchasing the product are not included in the return costs and remain the Customer's responsibility.

7.5 During the withdrawal period referred to in paragraph 1, the Customer will handle the product and its packaging with care. The Customer will only open the packaging and use the product to the extent necessary to check the nature, characteristics, and functioning of the products. This inspection should not go beyond what the Customer would be able to do in a physical store.

7.6 Customer is only liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in the previous paragraph.

7.7 The Customer may cancel the Agreement within the period specified in paragraph 1 of this Article by sending the model withdrawal form (digitally) to Hooba, or by informing Hooba in another unambiguous manner that they are canceling the purchase. Hooba will confirm receipt of such notification digitally. After cancellation, the Customer has 14 days to return the product. It is also possible to return the product directly within the cooling-off period specified in paragraph 1 of this Article, provided the model withdrawal form or other unambiguous declaration of cancellation is enclosed. Products can be returned to: Hooba, Nieuweweg 30, 8051EE, Hattem.

7.8 Amounts already paid (in advance) by the Customer will be refunded to the Customer as soon as possible, but no later than within 14 days after termination of the Agreement. Unless Hooba offers to collect the product itself, Hooba may withhold reimbursement until Hooba has received the product or until the Customer demonstrates that they have returned the product, whichever is earlier.

7.9 Information on the applicability of the right of withdrawal and any desired procedure will be clearly stated on the Website in good time before the Agreement is concluded.

Article 8. Payment

8.1 The Customer must make payments to Hooba using the payment methods specified in the ordering process and, if applicable, on the Website. Hooba is free to choose which payment methods it offers, and these may change from time to time. In the event of payment after delivery, the Customer has a payment term of 14 days, starting on the day after delivery.

Article 9. Warranty and conformity

9.1 This article only applies to Customers who are not acting in the course of their profession or business. If Hooba provides a separate warranty on the products, this applies to all types of Customers, notwithstanding the foregoing.

9.2 Hooba warrants that the products comply with the Agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the Agreement is concluded. If specifically agreed, Hooba also warrants that the product is suitable for other than normal use.

9.3 Any warranty provided by Hooba, the manufacturer, or the importer does not affect the statutory rights and claims that the Customer already has and can invoke under the Agreement.

9.4 If the delivered product does not correspond to the Agreement, the Customer must notify Hooba thereof within a reasonable period after discovering the defect.

9.5 If Hooba deems the complaint justified, the relevant products will be repaired, replaced, or refunded after consultation with the Customer. The maximum compensation, subject to the Article regarding liability, is equal to the price paid by the Customer for the product.

Article 10. Complaints procedure

10.1 If the Customer has a complaint about a product (in accordance with the Article regarding Warranty and Conformity) and/or other aspects of Hooba's services, they can submit a complaint to Hooba by phone, email, or mail. See the contact details at the bottom of the Terms and Conditions.

10.2 Hooba will respond to the Customer's complaint as soon as possible, but in any case within 5 days of receiving it. If it is not yet possible to provide a substantive or definitive response, Hooba will acknowledge receipt of the complaint within 5 days of receiving it and provide an indication of the timeframe within which it expects to provide a substantive or definitive response to the Customer's complaint.

10.3 Customers who are not acting in the exercise of their profession or business may also submit a complaint via the European dispute resolution platform, accessible via http://ec.europa.eu/odr/ .

Article 11. Personal data

11.1 Hooba processes the personal data of Customer in accordance with the privacy statement published on the Website.

Article 12. Final provisions

12.1 The Agreement is governed by Dutch law.

12.2 Unless otherwise prescribed by mandatory law, all disputes arising from the Agreement will be submitted to the competent Dutch court in the district where Hooba is established.

12.3 If any provision of these Terms and Conditions proves to be void, this will not affect the validity of the entire Terms and Conditions. In that case, the parties will adopt one or more new provisions to replace the original provision, which will reflect the intent of the original provision as closely as legally possible.

12.4 In these Terms and Conditions, "written" also includes communication by email and fax, provided that the identity of the sender and the integrity of the email are sufficiently established.

If you have any questions, complaints or comments after reading these Terms and Conditions, please feel free to contact us in writing or by email.

contact@hooba.nl