Article 1 - Definitions

Hijra (RISAL BV) is referred to as the seller in these terms and conditions.
The counterparty of the seller is referred to as the buyer in these terms and conditions.
The parties are the seller and the buyer together.
The agreement refers to the purchase agreement between the parties.

Article 2 - Applicability of General Terms and Conditions

These terms and conditions apply to all quotes, offers, agreements, and deliveries of services or goods by or on behalf of the seller.
Deviations from these terms and conditions can only occur if expressly agreed upon in writing by the parties.

Article 3 - Payment

The full purchase price is always paid immediately in the webshop. For reservations, a down payment may be required in some cases. In such cases, the buyer will receive proof of the reservation and the advance payment.
If the buyer fails to pay on time, they are in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled their payment obligation.
If the buyer remains in default, the seller will initiate collection proceedings. The costs related to the collection will be borne by the buyer. These collection costs will be calculated based on the Decree on compensation for extrajudicial collection costs.
In the event of liquidation, bankruptcy, seizure, or suspension of payment by the buyer, the seller’s claims against the buyer will become immediately due and payable.
If the buyer refuses to cooperate with the execution of the order by the seller, the buyer is still obliged to pay the agreed price to the seller.

Article 4 - Offers, Quotes, and Price

Offers are non-binding, unless a specific acceptance period is mentioned in the offer. If the offer is not accepted within that period, the offer will expire.
Delivery times in quotes are indicative and do not entitle the buyer to cancellation or compensation in case of delay, unless expressly agreed otherwise in writing by the parties.
Offers and quotes do not automatically apply to reorderings. The parties must expressly agree in writing on this.
The price stated in offers, quotes, and invoices consists of the purchase price including the applicable VAT and any other government charges.

Article 5 - Right of Withdrawal

The consumer has the right to cancel the agreement within 14 days after receiving the order without giving any reason (right of withdrawal). The period starts from the moment the entire order is received by the consumer.
There is no right of withdrawal when the products are made to the consumer's specifications or have a short shelf life.
The consumer may use a withdrawal form provided by the seller. The seller is obliged to make this available to the buyer immediately upon request.
During the reflection period, the consumer must handle the product and packaging with care. The product should only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep the product. If the consumer exercises the right of withdrawal, they must return the unused and undamaged product with all supplied accessories, and – if reasonably possible – in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the seller.

Article 6 - Amendment of the Agreement

If, during the execution of the agreement, it becomes necessary to change or supplement the work for proper execution, the parties will amend the agreement accordingly, in a timely and mutual consultation.
If the parties agree that the agreement will be amended or supplemented, this may affect the completion time of the execution. The seller will notify the buyer of this as soon as possible.
If the change or supplement to the agreement has financial and/or qualitative consequences, the seller will inform the buyer in writing in advance.
If the parties have agreed upon a fixed price, the seller will indicate the extent to which the change or supplement to the agreement will lead to an increase in this price.
Notwithstanding the provisions of the third paragraph of this article, the seller cannot charge additional costs if the change or supplement is due to circumstances attributable to the seller.

Article 7 - Delivery and Transfer of Risk

Once the purchased goods are accepted by the buyer, the risk transfers from the seller to the buyer.

Article 8 - Inspection and Complaints

The buyer is obliged to inspect the delivered goods at the moment of delivery or as soon as possible thereafter. The buyer should inspect whether the quality and quantity of the goods correspond to what was agreed upon by the parties, or at least whether the quality and quantity meet the normal (commercial) standards.
Complaints regarding damages, shortages, or loss of delivered goods must be submitted to the seller in writing within 10 working days after delivery of the goods.
If a complaint is found to be valid within the specified period, the seller has the right to either repair, redeliver, or refrain from delivery and issue the buyer a credit note for that part of the purchase price.
Minor and/or industry-standard deviations in quality, quantity, size, or finish cannot be attributed to the seller.
Complaints regarding a specific product will not affect other products or parts of the same agreement.
No complaints will be accepted after the goods have been processed by the buyer.

Article 9 - Samples and Models

If a sample or model is shown or provided to the buyer, it is presumed to be provided only for reference purposes, and the delivered item does not necessarily have to correspond to it, unless the parties have expressly agreed that the delivered item will match the sample or model.
In contracts concerning real estate, mentions of area or other dimensions and indications are also presumed to be for reference purposes only, without the delivered item having to correspond to these.

Article 10 - Delivery

Delivery is made 'ex factory/store/warehouse'. This means all costs are for the buyer.
The buyer is obliged to take delivery of the goods when the seller delivers or arranges for the delivery of the goods, or when the goods are made available to the buyer according to the agreement.
If the buyer refuses to accept delivery or fails to provide necessary information or instructions required for delivery, the seller is entitled to store the goods at the buyer’s expense and risk.
If the goods are delivered, the seller is entitled to charge delivery costs.
If the seller requires the buyer’s data for the execution of the agreement, the delivery period starts once the buyer has provided this information to the seller.
A delivery period provided by the seller is indicative and not a strict deadline. In case of delay, the buyer must give the seller written notice of default.
The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or partial delivery does not have independent value. The seller may invoice partial deliveries separately.

Article 11 - Force Majeure

If the seller cannot, not timely, or not properly fulfill their obligations under the agreement due to force majeure, the seller will not be liable for damages suffered by the buyer.
Force majeure includes any circumstance which the seller could not have foreseen at the time of the agreement and which makes the normal execution of the agreement reasonably impossible, such as illness, war or the threat of war, civil war, riot, sabotage, terrorism, power outages, floods, earthquakes, fire, company occupation, strikes, lockouts, changes in government measures, transportation difficulties, and other disruptions in the seller's business.
Force majeure also includes circumstances where suppliers, on whom the seller depends for the execution of the agreement, fail to meet their contractual obligations to the seller, unless this is the seller’s fault.
If a situation occurs as described above that prevents the seller from fulfilling their obligations, those obligations will be suspended for as long as the seller cannot fulfill them. If the situation persists for 30 calendar days, either party has the right to terminate the agreement in whole or in part in writing.
If the force majeure continues for more than three months, the buyer has the right to terminate the agreement immediately. Termination can only be done by registered letter.

Article 12 - Assignment of Rights

The rights of a party under this agreement cannot be transferred without the prior written consent of the other party. This provision acts as a provision with property law effect as referred to in Article 3:83, second paragraph, Dutch Civil Code.

Article 13 - Retention of Title and Right of Retention

The goods in the seller’s possession and delivered goods and parts remain the property of the seller until the buyer has paid the full agreed price. Until then, the seller can invoke their retention of title and take the goods back.
If the agreed advance payments are not made or not made on time, the seller has the right to suspend the work until the agreed portion has been paid. This constitutes creditor default. In this case, late delivery cannot be attributed to the seller.
The seller is not authorized to pledge or encumber the goods covered by retention of title.
The seller undertakes to insure the goods delivered under retention of title and keep them insured against fire, explosion, water damage, and theft, and to provide the insurance policy for inspection upon request.
If the goods have not yet been delivered, but the agreed advance payment or price has not been paid as agreed, the seller has the right of retention. The goods will not be delivered until the buyer has paid in full and as agreed.
In the event of liquidation, insolvency, or suspension of payment by the buyer, the buyer’s obligations become immediately due and payable.

Article 14 - Liability

Any liability for damages arising from or in connection with the execution of an agreement is limited to the amount paid out by the applicable liability insurance(s) in the specific case. This amount is increased by the amount of the deductible under the relevant policy.
The seller’s liability for damage caused by intent or gross negligence on the part of the seller or their managerial employees is not excluded.