Article 1. General
1. HollandSuperStore.com (www.hollandsuperstore.com) is a website of Holland Super Store B.V.,
Oostzaan (referred to as: Holland Super Store).
Holland Super Store
1511 AC Oostzaan
Chamber of Commerce: 61962252
VAT ID: NL 8545.68.955 B01
2. Customer: the natural or legal person who enters into an agreement with Holland Superstore.
3. Agreement: an agreement to supply one or more products from Holland Super Store.com
4. Product: the physical thing that is the object of the agreement.
Article 2. Applicability / acceptance of the General conditions
1. These general terms apply to all offers, orders and agreements between customer and Holland Super Store which take place through Holland Super Store.com.
2. By making an agreement / contract the customer accepts and agree these terms and conditions without any reservations.
3. The content of these conditions can only by means of a written agreement between the Holland Super Store and buyer be derogated from. In such a case, the provisions of these conditions which is not explicitly waived in full force and effect.
4. Holland Super Store can these conditions change. Changes are announced at www.HollandSuperStore.com. The amended terms from the date of entry into force apply to all existing and future supply agreements, whether for the modification of the conditions are closed.
5. If one or more provisions of these conditions would appear to be in violation with provisions of imperative law, the relevant provision shall be replaced by a legally permissible provision that most closely matches the intent of the regulation.
6. These terms and conditions are accessible to all on the website www.hollandsuperstore.com. A written copy of these terms and conditions will be sent on request.
7. Holland Super Store has the right at any time these terms and conditions and the content of the website.
Article 3. Offers/agreements
1. All offers shall be free of obligation and shall be made of Holland Super Store-subject to availability.
The offer provides a date and is so date determinable. Promotions subject to availability of a product. When a product is not longer available, a replacement product when ordering done and the customer is notified by email here.
2. The agreement is digital through the site of Holland Super Store
3. The customer cannot derive any rights from a receipt automatically sent.
4. Holland Super Store is entitled, if necessary, without giving any reason, to refuse an order, or
additional conditions to the closing of the supply agreement.
5. The agreement is stated under the Resolutive condition that Holland Super Store has the right to reject the order of the costumer and Holland Super Store will not accept the order.
If an order is not accepted, Holland Super Store will inform this within ten to 14 working days after receipt of the order in writing or via email to the customer.
6. Holland Super Store is bound only to offers and tenders if the acceptance by the customer is done, preferably in writing, within 30 days.
7. Holland Super Store can't be held to its offers and tenders if the customer, for terms of
reasonableness of fairness and generally prevailing views, should understand that the offer or quotation or part of it contains a manifest mistake or error. Offers and tenders shall not apply automatically to repeat orders.
8. If the acceptance deviates (on secondary items) from the offer given, Holland Super Store shall not be bound by it. The agreement is not in accordance with said deviating acceptance, unless Holland Super Store indicates otherwise.
9. A compound quotation required Holland Super Store not to supply of a part of the goods in the offer or quotation against a corresponding part of the given price.
Article 4. Order confirmation and agreement
1. After Holland Super Store has received the order, Holland Super Store will confirm the order within 1 business day, unless by Holland Super Store not reasonably can be taken that they will fulfil the agreement with the customer.
2. As soon as Holland Super Store has received the order and payment is confirmed, the order is accepted by Holland Super Store, the order will be carried out within 2-4 working days. If a product (temporarily) not available, then this product is replaced by an equivalent alternative. The client is informed via email. Holland Super Store reserves the right not to accept payment made and so for whatever reason, not to confirm the order. Reasons may include: problems with product inventory, upon receipt of an order issues or problems to get an order completely. However, other problems can reason to reject an order.
3. The contract contains all agreements made between the customer and Holland Super Store and substitutes all previously made agreements, arrangements and/or agreements between the customer and Holland Super Store.
4. The administration of Holland Super Store is, as evidence of the tasks assigned to it by the customer to Holland Super Store and payments and deliveries by Holland Super Store. Holland Super Store acknowledges that electronic communication as evidence. By accepting these terms and conditions the customer acknowledges this as well.
Article 5. Payment
1. Payment can be effected via Sisow or PayPal, by means of a bank transfer or by credit card. Handling and shipping of the ordered goods takes place after the customer has paid.
2. In accordance with the law on the personal data will not be passed on to third parties.
3. If the customer chooses to pay by bank, the products ordered by the customer will be reserved for eight (8) working days. After Holland Super Store has recieved the outstanding amount on her bank account, the products will be shiped to the costumer. The agreement will loose it's validity if the outstanding amount is not paid within the stated timeframe.
Article 6. The right to termination of the agreement
1. The customer has 14 working days the right to end the agreement without giving any reason. This should be done by writing to Holland Super Store. All costs for returning the goods shall be for the customers account.
2. The above mentioned cooling-off period does not apply to products that quickly spoil, or perischable goods.
3. The customer may only actually finish the purchase without giving any reason if the goods in question complete, undamaged, unused and in its original packaging be returned.
Article 7. Third parties
1. Holland Super Store can in the implementation of the supply agreement use of third parties. If these third parties is that additional conditions for entering into the supply agreement expressly reported.
2. All rights and claims under the agreement for the benefit of Holland Super Store are stipulated, are also stipulated for the benefit of third parties engaged by Holland Super Store.
3. Without prejudice to paragraph 2, these conditions apply only to the relationship between the customer and third parties may Holland Super Store and not party to the supply agreement no rights derive.
Article 8. Addressing
1. If an order is pending, the address data can no longer be changed. Address changes should be made before the order is placed.
2. Implementation of the supply agreement, and all on the supply agreement-related announcements and notifications will take place at the address indicated by the customer.
Article 9. Prices and payment
1. All prices quoted on www.HollandSuperStore.com are in euros.
2. If you reside outside the EU and the consignment to the country lying outside the EU will be sent, then the 0% VAT rate applicable. If you are a company that is located within the EU, your shipment will be sent to the country concerned and you have a VAT number, then also the 0% VAT rate. In all other cases, the Dutch VAT rates of 6 or 21%.
3. Holland Super Store expressly reserves the right to change the prices of products offered, especially when under (legal) regulations. If an offer has a limited period of validity the price will not be changed unless during that period due to a change in the VAT rate.
4. The offered payment methods can, depending on how the supply agreement, differences. If a certain payment method fee, this will be clearly indicated. These costs will be borne by customer.
5. delivery of products to the customer is done after payment by customer.
6. The total amount on the order confirmation is final and includes the prices of the ordered products, processing, packaging and transport.
7. Within the EU there is no customs duties or taxes levied on the goods ordered.
8. Only at the express request of the customer will Holland Super Store a separate invoice to a customer-indicated address.
9. Holland Superstore has the right to change prices and any errors. When the customer would be disadvantaged as a result, the customer will be notified via email and he has the right, during the 2 following days his order to cancel. Holland Super Store cannot be held liable for possible errors in its prices or conditions.
Article 10. Delivery/receipt
1. Holland Super Store is not liable for inaccuracies, delays or incomplete orders and notices from the customer to Holland Super Store, unless intent or gross negligence on the part of Holland Super Store.
2. Holland Super Store uses the services of PostNL, the delivery terms of PostNL are on this agreement shall apply.
3. The shipping time as indicated is any indication, no guarantee. Possible delays caused by the country concerned are at the risk of the customer.
4. Shipping costs are for the account of the customer and depending on the number of kilograms (weight) and the country of choice. This information can be found on www.HollandSuperStore.com.
5. Delivery of products shall be held within 30 days after order, unless a different delivery period is explicitly called. Holland Super Store reserves the right in case of non-availability of products, the other called click. The sent products are not credited.
6. For delivery outside the EU: the customer is responsible for any import duties in his or her country. Holland Super Store can not be held responsible for the seizure of products due to the regulations in the country of destination.
7. For deliveries outside the EU: If a package is refused to the border as a result of customs regulations and return is sent to Holland Super Store there will be no fee. Holland Super Store can not be held liable if a package during the return shipment is lost as a result of the failure by the postal service.
8. Holland Super Store is at all times entitled to exclude products and countries without giving any reason.
9. Products may differ from the images shown on the site.
10. Holland Super Store will, as soon as the order has been accepted, the goods within 2-4 working days packing and hand it over to the post PostNL organization or an Express service, which then will deliver the package to the address indicated by the customer.
11. The shipping time starts at the moment the package is handed to PostNL or Express service.
12. Holland Super Store has no control over the actions of foreign postal organisations, nor can it influence the delivery. Holland Super Store may PostNL requests to start an investigation to find the package. This research can take up to 3 months. It depends on the outcome of the study or Holland Super Store will perform a refund of the order.
13. Postage will only be reimbursed if the customer can present evidence in writing.
14. All costs relating to the delivery/receipt are for the customer.
15. The customer is obliged to take receipt of the goods purchased on the time available to him or to him in hand.
16. If there is damage arise / ocurred during transport to the packaging which decay can occur, the customer must within 24 hours to report this to Holland Super Store. The customer must not use the content of damaged products. Holland Super Store will in no way be held responsible for the consequences if the above advice is ignored.
17. If the customer refuses to receive the goods or is negligent for directions or to give the correct address, necessary for the delivery / receipt, the goods for delivery will be stored at the risk of the customer. Any additional charges for a new delivery / receipt or storing these goods will be for the amount of the customer.
18. Holland Super Store will in no way be held responsible for decay or the date of goods over a given consumption because the client was not able to get this in time or receiving it. The return receipt of spoiled goods by Holland Super Store because the customer an error or incomplete address are for the amout of the customer.
19. All packages are insured. If a package is lost, it can be a research started by Holland Super Store at PostNL or the Express service. If research shows that the package is lost, the customer is entitled to a refund. For delay in the Post, the customer has no right for a refund.
20. If Holland Super Store needs data from the customer within the framework of implementation of the agreement, the delivery time starts from the moment the customer has made this to Holland Super Store available.
Article 11. Receipt
1. As soon as the ordered goods are delivered, or in any case within the shortest possible time, the customer must check that everything is correct. The buyer should verify that both the quality and the quantity of the delivered goods is in accordance with what was agreed, at least comply with the requirements in the normal trade.
2. Any visible defects and/or shortcomings belong within 48 hours after delivery by email to Holland Super Store to be reported through email@example.com, with mention of the number on the packing slip.
3. A non visible defect shall, within five days after discovery, but not later than within the warranty period (for the product common shelf life) to report to Holland Super Store with regard to the in the previous paragraph of this article. After expiry of the warranty period is entitled to all cost to replace Holland Super Store, including administration and shipping costs, to charge.
4. If the customer has grounds for complaint pursuant to the above-mentioned article, he/she remains obligated to purchase and payment of the purchased goods. If the customer wishes to return the aforementioned goods, he/she must contact about Holland Super Store. This can only be returned if Holland Super Store has given written confirmation and is for the account of the customer.
Article 12. Returns
1. If the customer, for whatever reason, do not wish to purchase a product, he has the right the supply agreement within a period of 14 days to dissolve.
2. Dissolution is possible only if the Product is in original condition and not used. Dissolution occurs in that case by returning the case within 14 days after the day of receipt, with the return shipping for the account of Buyer.
3. The invoice amount will, as far as this already by the customer are satisfied, by Holland Super Store within 30 days of receipt of the Declaration of dissolution is non-refundable, provided the Product is returned. Refund will take place on the same account as the Customer made the payment.
4. The provisions of this article shall not apply in respect of Products which by their nature are not eligible, such as perishable, time-based or personal affairs and services.
Article 13. Retention of title; transfer of risk
1. The property of a Product shall proceed, in the event that the purchaser all that received in accordance with the agreement to Holland Super Store is fulfiled.
2. Without prejudice to paragraph 1, the risk in respect of a Product already at the time of delivery to the customer.
Article 14. Transfer of risk
1. the risk of loss of or damage to the products which are the subject of the agreement, goes on the customer of the customer at the time they legally and/or actually delivered and thus in the power of the customer or of a third parties to be appointed by the consumer.
Article 15. Rights
1. All intellectual property rights including copyright, database rights and trademark rights, are owned by Holland Super Store and/or its supplier (s).
2. The customer is not allowed to use the name, content and/or layout of HollandSuperStore.com by any means or reproduce, store and/or disclose, unless with the prior consent of Holland Super Store.
Article 16. Guaranteed
1. Holland Super Store gives no warranties, however, provided that the buyer can substantiate plausible manner (for example with photo material) that the product does not meet the agreement will Holland Super Store, depending on possible and applicable refund the invoice value of the Product (if and to the extent that the purchaser already paid).
2. Holland Super Store guarantees that all products delivered at the time of shipment a non expired sell-by date and have a shelf life of at least 30 days, unless explicitly stated otherwise (e.g. on special offers). Holland Super Store will do anything to make sure that the ordered goods are treated as carefully as possible to meet the description as made on the website and the time the order was placed.
3. Holland Super Store is not responsible for the communication of any product recalls from the manufacturer, but will do anything to get this information as far as possible as soon as possible via email to disclose to the buyer.
4. Holland Super Store guarantees that all products delivered a non expired sell-by date and THT (exp.date) date of at least 30 days on the day of dispatch, unless explicitly stated otherwise (e.g. on special offers). Holland Super Store will do anything to make sure that the ordered goods are treated as carefully as possible to meet the description as made on the website and the time the order was placed.
5. The above warranty is valid during the normal shelf life of the products may be expected or reported is: consume for, if applicable.
6. There will be no warranty on goods of which it is clear that a) the unusable is caused by unwise or improper use, b) when the customer or third parties have caused changes to the goods or have tried to inflict without Holland Super Store's knowledge or written confirmation of this, c) if the goods are not used for purposes for which were intended.
Article 17. Force majeure
1. If the side of Holland Super Store in case of force majeure, Holland Super Store the right to suspend execution of the supply agreement as long as this situation continues or, at the option of Holland Super Store, the supply agreement to cancel in whole or in part. In any case of force majeure in the event of failure by suppliers or other relations of Holland Super Store, strike, (unforeseen) Government measures, (concrete threat to) terrorist attacks or war, fire, natural disasters, as well as any other situation in which Holland Super Store no decisive control.
2. If the force majeure situation on the side of Holland Super Store for more than two months continues, Buyer has the right to terminate the supply agreement in whole or in part.
3. In case of force majeure is Holland Super Store not be required to pay any costs or damages to the customer.
4. Neither Holland Super Store nor the customer are obliged to fulfil any obligation if they hindered as a result of circumstances not attributable to debt, and by virtue of law, a legal act or generally accepted on their behalf.
5. Force majeure shall be understood in these terms and conditions in addition to the provisions in the law and jurisprudence, all external causes, foreseen or unforeseen, which Holland Super Store cannot have any influence but which prevents Holland Super Store is unable obligations.
6. Holland Super Store also has the right to invoke force majeure if the circumstances as defined above onset after Holland Super Store should have fulfilled its obligation.
Article 18. Privacy
1. Holland Super Store respects the privacy of all users of its Holland Super Store.com. In our privacy statement, you can read about it here.
Article 19. Applicable law and competent court
1. On the supply agreement and these terms and conditions is exclusively Dutch law is applicable.
2. In the event of a dispute about the supply agreement and/or these terms and conditions shall be exclusively submitted to the competent court in Amsterdam, unless the dispute on the basis of the applicability of the general terms and conditions of Holland Super Store to another authority may be submitted.
3. The Dutch text of these general terms and conditions prevails over translations.
Article 20. Disputes
1. The judge belonging to the seat of Holland Super Store is exclusive jurisdiction to hear disputes, unless the District Court is competent. Nevertheless, Holland Super Store the right to submit the dispute to the competent court according to the law.
Article 21. Complaints
1. If the ordered products do not meet the expectations of the customer because of breakage, damage, or wrong delivery, the customer must further notice to Holland Super Store within 2 business days after receipt of the goods. If no complaint of the Holland Super Store customer receives within the abovementioned term, each delivery shall be deemed to correspond to the order.
Article 22. Copyrights
1. Holland Super Store reserves all rights and powers for which her is entitled under the Copyright Act.
2. Holland Super Store is owner and licensee of all copyright, data files, applications, brands and other intellectual property rights that are part of this website. Concept, structure, layout and design are the exclusive property of Holland Super Store.
3. should things mentioned above be used by the customer, then only just dor him/her and these will not without the prior written consent of Holland Super Store multiplied, made public or brought to the attention of third parties.
Article 23. Protection
1. the customer shall indemnify Holland Super Store for claims by third parties relating to intellectual property rights on material or data provided by the customer, which are used in the implementation of the agreement.
2. If the customer of Holland Super Store information carriers, electronic files or software etc., he/she guarantees that the information carriers, electronic files or software are free of viruses and defects.
Article 24. Liability
1. If the goods supplied by Holland Super Store isn't in the right condition, the liability of Holland Super Store towards the customer limited to what in our conditions under "guarantees" is settled.
2. If the producer of the goods delivered is liability for consequential damages, the liability of Holland Super Store limited to replace this (or these) good (s) or refund of the purchase price.
3. The customer is personally responsible for his or her choice of products and saving it. Holland Super Store is not liable if damage is due to intent, fault and/or culpable act, or injudicious or improper use by the customer.