Hutta Objects with Stories
By Delphine Vercauteren
ARTICLE 1 - PURPOSE AND SCOPE OF THESE GENERAL TERMS AND CONDITIONS
1.1. General points
These General Terms and Conditions of Sale (hereinafter the "General Terms and Conditions") apply to the contractual relationship between the Hutta Objects with Stories by Delphine Vercauteren (sole proprietorship), whose registered office is at 8511 Aalbeke, Garenwinderstraat 18, registered with the BCE under number 0845.939.770 "Hutta", or "us", and the "Customer" or "you" in the physical premises of Delphine Vercauteren or through the website: www.hutta.be , (hereinafter "our Website").
By contracting with Hutta by accepting our offers in our workshop or on our Website, or by placing an order in our workshop or through our Website, you formally accept these Terms and Conditions to the exclusion of the application of those of the customer or any other provision, unless a prior formal written agreement has been made. For this reason, by entering into a contract with Hutta, the customer is not obliged to refer to their own General Terms and Conditions of Sale or Conditions of Purchase.
We reserve the right to refuse the delivery of services and the sale of products to anyone, for any reason and at any time.
These Terms and Conditions apply to the sale of products and related services. Violation or breach of any of the Terms and Conditions will result in immediate termination of the sale and related services offered by Hutta.
The headings used in this agreement are included for convenience only and do not limit or affect these General Terms and Conditions in any way.
The customer declares to be at least 18 years old and legally capable to place an order. The Customer is financially responsible for each order, both for his own account and for that of third parties, including minors.
These general terms and conditions cannot be deviated from in the context of a particular contract unless this is expressly signed in writing by Hutta.
1.2. Relationship between General Terms and Conditions, Product Specifications and Special Terms and Conditions
The specifications of certain products (hereinafter "Product Description") must also be observed. They are communicated on our Website or orally when purchasing at a Workshop. They take precedence over the Terms and Conditions. (See clause 2.2)
Special Conditions of Sale (hereinafter referred to as "Special Conditions") may be agreed upon in contractual documents such as order forms, invoices or quotations. In such cases, if any rules contained in the Special Terms and Conditions conflict with these General Terms and Conditions or the Product Descriptions, the rules contained in the Special Terms and Conditions will prevail over the General Terms and Conditions and the Product Description.
1.3. Consultation, validity and duration of the Terms and Conditions
1.4. Customer obligations in connection with our Website
Our Website is accessible to anyone with access to the internet.
Hutta reserves the right to unilaterally and without prior notice deny access to all or part of our Website to any Customer who does not comply with these Terms and Conditions.
The user undertakes to use our Website in accordance with these General Terms and Conditions and the applicable laws. Consequently, the user undertakes, in particular, not to hinder or disrupt the functioning of our Website, not to damage its elements or to access it fraudulently. The transmission of viruses or codes of a destructive nature to our Website is prohibited.
The Customer undertakes to ensure the confidentiality of his Personal Login Data and shall ensure that they are not disclosed to third parties. The Customer is responsible for all actions carried out from his Account. If the Customer believes that there has been a breach in the security of their Personal Login Information, such as disclosure, theft or unauthorised use, they will inform Hutta immediately by email at the following address: [email protected]?be
ARTICLE 2 - PRODUCTS AND TECHNICAL SPECIFICATIONS
2.1. Nature of the products
Hutta sells mainly second-hand products. Unless explicitly stated otherwise in the product description (see article 2.2), the purchaser assumes that the material is reusable.
The products offered for sale by Hutta are her property. Thus, Hutta declares that it is fully entitled to offer these products for sale and is the sole point of contact for the processing of their purchase.
The list of products offered for sale in the Workshop and on our website can be changed by Hutta at any time.
2.2. Product description
Each product on our Website and the majority of products have a product description. This is a non-exhaustive summary of the information gathered about the product. The customer is free to ask for more information or to visit the Site to inspect the product.
The Product Description forms an integral part of the Sales Agreement. For example: if a product is described as "scratched", scratches on the product will not be accepted as grounds for complaint. In general, the Product must therefore conform to its Description, and not to any other standards or assumptions.
Unless otherwise specified in the Product Description, the following items, among others, are not considered defects:
Slight deviations in colour
A soiled condition, if this can be remedied with soapy water or other household cleaners
Traces of wear and tear and ageing commensurate with the age of the object (small chips, pitted chrome, matt marble, etc.)
Small stickers or other markings related to the inventory
Incorrect attribution to a designer, architect or manufacturer
Approximate dimensions and weights
We reserve the right to change the content of our Website at any time. The Product description on our Website at the time of sale applies.
Some products must be pre-ordered, are not ready for sale, or are subject to special conditions and are indicated in the Product Description.
Products are offered for sale while stocks last. The stock levels listed on our Website are automatically updated according to the sales. Human error, theft or accidents may cause these figures to be incorrect. If the product is not available, Hutta undertakes to inform the customer as soon as possible, to find an alternative solution or to refund the order (see article 3.5.).
ARTICLE 3 - CUSTOMER ACCOUNT AND ORDERS
3.1. Creation of a Customer Account and guarantees
Before being able to place an order through our Website, each Customer must create a Customer Account. The creation of a Customer Account is offered for each purchase, but remains optional.
The Customer Account is strictly necessary for exercising a right of return or refund, or any other request relating to a transaction. When selling second-hand products, it is impossible for Hutta to verify if and when the product was purchased without a customer account.
To complete the registration it is necessary to choose Personal Identifiers, i.e. a user name (email address) and a password. The creation of the customer account also implies the communication of the names, first names, title, address, telephone and, if necessary, the name of the purchasing company.
The customer is obligated to provide accurate, complete and current information and undertakes to notify Hutta of any changes to this information as necessary.
3.2. Price quotations
The prices quoted in our Workshop and on our Website include VAT. The prices stated on our sales documents (pro-forma and invoices) are expressed in euros including VAT for second-hand products (VAT margin scheme) where VAT is not deductible. For new products, the price is stated Ex. VAT and the applicable VAT will be applied.
The prices stated do not include shipping or storage costs, which are borne by the Customer and must be calculated according to the Customer's specific needs (see Article IV).
As we deal with second-hand products, our offers are always subject to availability. Consequently, unless otherwise stated in the special terms and conditions, our quotations are not binding as regards the price or availability of the products and are for information purposes only.
3.3. Placing an order
When ordering online, before finalising the order, an overview screen will appear with all the details of the chosen products. This enables the Customer to check the details of the order and correct any errors. Once payment has been confirmed, the order cannot be changed.
If the product cannot be collected directly from the Workshop, an order is created by the Seller for the Customer. The following paragraphs also apply to this type of order.
Purchase invoices are created upon request at the time of payment and up to 2 months after the date of payment. Intra-community VAT is only applied if all conditions are fulfilled by the Customer.
If invoice data is incorrect and needs to be changed, an administrative fee of € 12 excl.
3.5.Payment and confirmation of the order
Reservation by the customer:
The order will only be processed by Hutta upon receipt of full payment (including all taxes). The payment of this order is considered as acceptance of these terms and conditions of sale.
Reservations are possible in order to group shipping costs. Products can be reserved for a maximum of one week without payment unless otherwise agreed between Hutta and the customer. After this period the reservation must be paid in full as an order, otherwise the reservation expires. The customer is therefore aware that any delay in this payment can lead to the cancellation of the order if the product is no longer in stock.
"Confirmation of payment" and "Confirmation of order" by Hutta:
Upon receipt of full payment for the order, Hutta will send the customer by email the "Payment Confirmation" of the said order, with all details relating to the order and the price, including all taxes paid. The products are then withdrawn from sale.
Once the payment has been received, the order is prepared and the Customer receives a confirmation that the order is ready with the order number.
If one or more products are not available, the Customer will be informed. The Customer then has the option of cancelling the entire order. If the Customer chooses not to cancel the order, the price finally paid will be adjusted according to the products available.
3.6. Collection of the order
On-site collection of the order is free of charge and must take place within two weeks of validation of the order.
The customer, or his service provider, must make an appointment with Hutta, with the vehicle, protective equipment and labour suitable for the products to be collected. He must be able to identify himself and know the order number and/or the email address with which the order was placed.
Hutta undertakes to provide, in advance and on request, any information useful in preparing transport.
The products remain the property of the Workshop until payment has been made in full. The products are then made available to the customer.
Risks are transferred at the time of collection of the order by the customer, when Hutta personally hands over the products to the customer at the Workshop. The customer must then check the conformity of the order before loading it. Loading is acceptance of the product.
ARTICLE 4 - RELATED SERVICES: STORAGE, ASSISTANCE IN COLLECTING PRODUCTS ON SITE, CUSTOMISED DELIVERIES AND OFFERS
4.1. Assistance with loading
To facilitate collection, Hutta can assist with loading. This assistance can only be provided manually. The customer must take into account the information given for loading (number of people, size of transport etc). If the customer is unable to load due to a lack of transport information, Hutta will not be responsible for the load that cannot be done. Hutta cannot take back stock of the sold items after agreement for their collection unless the customer pays for storage space.
The request for help with loading must come from the client and be accepted by Hutta. Hutta undertakes to be careful but cannot be held responsible for any damage caused to the product or vehicle at the time of loading.
Products are stored by Hutta free of charge for a period of two weeks from order confirmation. Outside of this period Hutta offers a storage service for products according to their size and packaging.
A specific quotation for storage can be requested from Hutta when booking the products or within the next ten working days.
The customer must check the order before the end of the collection period. After ten working days no further claims can be made for the products. Storage shall be carried out with due care.
In case the goods are not collected within the foreseen period, and in the absence of a specific request for storage, a storage cost of 15 € / order / month (incl. taxes) will be charged. If, after 1 month of additional storage, the Customer has still not collected his purchases or requested a storage offer, the order will be cancelled. The storage costs for the first month as well as a compensation of 10% of the order will be deducted from the amounts to be refunded.
4.3. Dispatch and delivery
On request Hutta can draw up an additional and personalised offer for the shipment of the goods. Hutta can carry out this transport with its own vehicles or outsource it to third party service providers. Deliveries are made exclusively on working days and from door to door.
The purchaser undertakes to provide precise and accurate delivery information and to be ready to accept the goods according to the instructions given by the service provider and/or Hutta.
In the case of online orders, at www.hutta.be, for standard products and destinations, our website automatically provides offers that can be paid for directly at the time of purchase. Hutta makes every effort to ensure that these offers are correct and final. In the case of errors, Hutta can contact the customer at the time of preparing the order to inform him of this and proceed with reimbursement or billing of the difference.
If the delivery offer is acceptable to the customer, he has a period of three days to confirm this by payment.
If the Offer is not acceptable to the Customer, he may organise a collection or request the cancellation of his order without incurring any administrative costs.
Delivery of small items (<30kg): by B-post, Mondial Relay, DPD, PostNL, UPS or Fedex.
If the products and the delivery are paid, the order is prepared for shipment at the end of the same week. Hutta prepares all shipments between Friday and Monday. The customer will be informed that the order is ready for dispatch and will receive the track and trace information from Hutta.
Hutta is not responsible for the time taken to collect the parcel from a postal point. In the event of non-pick up the parcel will be returned to Hutta by shipping and courier services. When the goods are returned, Hutta and the customer agree on whether the delivery should still take place. These costs must then be paid in full by the customer. Goods leave again after payment of shipping costs. If the customer does not want the goods anymore Hutta will charge 10% for damages and the rest of the order will be refunded.
Hutta will ensure that goods are packed very carefully. If the goods are damaged, a photo must be taken by the customer and sent to [email protected] no later than 1 week after the order was placed to discuss how to proceed. Partial or full refunds will only be made if Hutta agrees.
Delivery of large objects, Furniture.
Once the products and delivery have been paid for, the order is prepared for dispatch. The customer is informed that the order is ready for pick-up and agrees with Hutta on a delivery date that matches his preferences and the availability of the carrier.
The customer must ensure that the route to the delivery location allows for transport (bridge crossing, road resistance, etc.). The transport must be able to reach and manoeuvre easily in front of the delivery location. The Customer must himself provide the necessary parking space for the efficient and safe unloading of the lorry and make the necessary arrangements for the transport of the Products to the place of destination.
If the layout of the delivery location makes it physically impossible to transport or unload the Product(s), Hutta reserves the right to cancel the delivery and refund the order minus the delivery charge and the cost of return shipment.
The Customer must check the accuracy of the order as soon as it is received. If the order is incorrect, the customer must send Hutta all useful information within fourteen days of receiving the delivery.
Hutta cannot be held responsible for damage incurred during delivery. In the event of transport damage, the client undertakes to provide all information necessary to open a complaint file: photos of the package and the product.
If the Customer does not accept the order and returns it to the sender, the order will be cancelled. The shipping costs as well as an administrative fee of 10% will be deducted from the refund.
All deliveries are made automatically to the pavement (pavement in the case of a building, property line in the case of a detached house). The delivery does not include the installation, assembly or commissioning of the purchased products.
Unnecessary travel costs and waiting times of more than 15 minutes will be charged to the Customer.
A delivery cannot be organised or cancelled within one week before the due date without any cost. All additional costs requested by the service provider shall be borne by the Customer.
In the case of impossibility to deliver due to force majeure, the Customer will receive an email with a proposal to cancel or postpone the delivery at no extra cost.
Hutta reserves the right to refuse the organisation of shipments and deliveries, especially if the delivery address is outside the Schengen area. Hutta will inform the Customer of this as soon as possible.
4.4. Tailor-made offers
When ordering services, made-to-measure items or items according to a drawing, Hutta will make the offer based on the measurements provided by the buyer, who assumes full responsibility for the accuracy of these measurements. The purchaser is responsible for checking the correct transcription of these dimensions on the order form.
All studies, plans, documents, sketches, drawings, samples and projects remain our property, protected by intellectual property rights. If they are handed over to the client, they may not be misused by either the client or third parties. The customer shall be liable for any misappropriation and we reserve the right to claim damages for any loss suffered. Such damages shall be fixed at 10% of the amount of the contract, without prejudice to our right to prove higher damages. The aforementioned documents must be returned upon first request.
(See more in Article 8)
ARTICLE 5 - OTHER LIABILITIES AND RESPONSIBILITIES
Hutta shall not be liable for loss of profit, loss resulting from loss in the broadest sense of the word and/or any other direct or indirect damage of any kind.
In so far as Hutta cannot be released from full liability under a statutory provision, this will in all cases be limited to the damage that arises directly from the defect and was therefore foreseeable at the time the contract was concluded. In any case it will be limited to an amount corresponding to a maximum of 15% of the value of the contract.
Under no circumstances can Hutta be held liable for damage that is not inherent to the product and/or non-design defects that are the result of an external cause that is entirely beyond Hutta's control, regardless of whether or not the customer is at fault.
If, despite the absence of any inherent defect in the product and damage resulting from an external cause, Hutta's liability is established for the damage proven and suffered by the customer, the above limitations of liability apply.
The customer is responsible for the proper use and maintenance of the product in accordance with the instructions and recommendations provided by the supplier or manufacturers, and for compliance with the applicable regulations, especially those concerning safety.
Technical and other advice given by Hutta staff in the workshop or by email is for information only and should be verified by the customer with qualified installers or a technical reference centre.
ARTICLE 6 - WARRANTIES
Hutta's second-hand products are not covered by any warranty, unless otherwise agreed in Special Terms and Conditions, or explicitly stated in the Product Description. A statement that a product has been tested and is functional cannot be construed as the promise of a guarantee. Only statements of the type "function guaranteed for ..." shall be taken into account.
For light fittings that are newly manufactured, a guarantee of one year (from the date of order) is implicitly agreed, unless otherwise stated in the Product Description. In any case, the guarantee is excluded in the following cases: if the defects are the result of poor maintenance, of improper installation by a specialist, or of damage caused by abnormal or improper use of the product in relation to its specifications.
ARTICLE 7 - PROTECTION OF PRIVACY WITH REGARD TO THE PROCESSING OF PERSONAL DATA
Within the framework of our business relationships, we collect and process personal data about you. Personal data is any data that enables us to identify you as an individual, such as your name, e-mail or telephone details. We are committed to protecting your privacy.
- The type of personal data we hold;
- How we collect them;
- When and why we use them.
ARTICLE 8 - INTELLECTUAL PROPERTY
The use of our website is reserved unless a specific and express agreement or license is granted by Hutta for strictly personal use.
Hutta retains full and exclusive ownership of the various data transmitted within the scope of these general terms and conditions under the various laws governing the protection of copyright and related rights, trademark law and patent law and, in particular, the law on the legal protection of databases, as well as all brands, texts, comments, works, illustrations and images, both visual and acoustic, that appear on our Website.
The user agrees not to reproduce, duplicate, copy, sell, resell or exploit any part of the service, use of the service, access to the service or any contact on our Website through which the service is provided, without our express written consent.
Any reproduction or representation, in whole or in part, constitutes an infringement that may result in the civil and criminal liability of its author.
ARTICLE 9 - COMPLAINTS, RETURN OF PRODUCTS, RIGHT OF WITHDRAWAL, CONDITIONS FOR REIMBURSEMENT, APPLICABLE LAW
9.1. Right of Withdrawal:
The Private Consumer has the right to cancel his/her purchase, without giving any reason and without paying any additional compensation, within fourteen calendar days from the day following the delivery (departure from Hutta). Within these fourteen days the client must inform Hutta by email ([email protected]) of their intention to cancel by providing proof of purchase, quoting the order number and specifying the product they wish to return.
The customer is only liable for the reduction in value of the product resulting from manipulations other than those necessary to determine the nature, characteristics and proper functioning of the product: a product that is returned incomplete, damaged, used or soiled cannot be taken back.
Hutta will arrange for the product to be returned on a date agreed by the parties. Hutta will refund the value of the product in full provided it is complete, in perfect condition and in its original packaging. The delivery costs will also be refunded to the consumer if the order is returned in full. On the other hand, the costs associated with the aforementioned return will be borne by the consumer. As soon as the item is in the possession of Hutta, a refund will be made.
9.2. Exceptions to the right of withdrawal
The right of revocation does not apply to all returns that are requested more than fourteen days after purchase, in the case of services that have already been carried out or custom-made products, for products purchased on site, as well as for all commercial orders. In such cases Hutta reserves the right to accept returns or not, to refund them or not, in cash or in vouchers, depending on the situation, the elapsed time and the condition of the products. A minimum of 30% of the order amount will be retained for administrative costs and resale.
9.3. Method of reimbursement
Requests for returns and complaints must be made by sending an e-mail to the following address: [email protected] .
Any return or collection can only be made after prior agreement with Hutta by email, and subject to refusal, within fourteen calendar days from the date of the Hutta agreement. The Products must be returned in their original packaging and in perfect condition.
The refund will be made within fourteen days of the Products being returned to the Workshopl at the latest.
Hutta reserves the right to cancel an order, without compensation, if a case of force majeure prevents its normal execution. By express agreement, the events of strike, lack of transport, fire, flood, damage to equipment, riot, war, epidemic, accident, whether at Hutta or at one of its suppliers, will be considered force majeure, even if only partial, and whatever the cause. This list is not exhaustive.
9.4. Applicable law and competent jurisdiction
This contract is concluded in French, English or Dutch.
These General Terms and Conditions are governed by Belgian law.
In the event of a dispute between the parties regarding the validity, interpretation or execution of this document that cannot be settled amicably, the parties shall attempt to resolve the dispute through mediation.
In case of dispute, only the courts of Kortrijk are competent.
ARTICLE 10 - FINAL PROVISIONS
The fact that Hutta does not rely at any time on any of the provisions of these General Terms and Conditions shall not be construed as a waiver by Hutta to rely on the provisions at a later date.
If any of the provisions of the General Terms and Conditions are declared null and void or ineffective, this provision shall be deemed not to have been written, without affecting the validity of the remaining provisions.
The electronic data stored in Hutta's information systems relating to the services offered by HUtta are considered binding between the parties until proven otherwise. This electronic data therefore constitutes admissible, valid and binding evidence for the users under the same conditions and with the same evidential value as any document drawn up, received or recorded on paper.
Hutta Objects with stories
Delphine Vercauteren (sole proprietorship)
© 2021 Hutta Objects with stories.