Terms and conditions
Download our General Terms and Conditions (Pdf) here.
The table of contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Costs in case of cancellation
Article 8 - Exclusion of the right of cancellation
Article 9 - The price
Article 10 - Fulfilment and guarantee
Article 11 - Delivery and fulfilment
Article 12 - Payment
Article 13 - Complaints procedure
Article 14 - Disputes
Article 15 - Additional or deviating provisions
Article 1 - Definitions
In these conditions, the following definitions apply:
1. cooling-off period: the period within which the consumer can exercise his right of withdrawal
2. consumer: the natural person, not acting in the exercise of a profession or business, who enters into a distance contract with the trader
3. day: calendar day;
4. continuous transaction: a distance contract relating to a series of products and/or services whose delivery and/or purchase obligation is staggered over time;
5. durable medium: any means that enables the consumer or trader to store the information addressed to him personally in such a way that future consultation and unaltered reproduction of the stored information is possible.
6. right of withdrawal : the possibility for the consumer to renounce the distance contract within the cooling-off period;
7. model withdrawal form: the model withdrawal form provided by the trader, which the consumer can fill in if he wishes to exercise his right of withdrawal.
8) Entrepreneur: the natural or legal person who offers goods and/or services to consumers at a distance;
9. distance contract: an agreement whereby, within the framework of a system organised by the trader for the distance selling of products and/or services, one or more means of distance communication are used exclusively until the conclusion of the contract;
10. means of distance communication: means that can be used to conclude an agreement without the consumer and entrepreneur having to meet in the same room at the same time.
11. general terms and conditions: the present general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Hatland.eu
Rendementstraat 23
8094 RA Hattemerbroek
The Netherlands
T: 038 422 68 43
M: 06 513 788 74 (WhatsApp)
E: support@hatland.eu
Chamber of Commerce number: 05051027
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and every order placed between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the business premises of the entrepreneur and they will be sent to the consumer free of charge as soon as possible upon request.
If, contrary to the previous paragraph, the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be found.
The general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 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 of these general terms and conditions should at any time be wholly or partially invalid or void, the remainder of the agreement and these terms and conditions shall remain in force and the provision in question shall be replaced immediately by mutual agreement by a provision that comes as close as possible to the meaning and purpose of the original provision.
Situations not provided for in these General Terms and Conditions shall be judged "in the spirit" of these General Terms and Conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions must be interpreted "in the spirit" of these General Terms and Conditions.
Article 4 - The offer
1. if an offer has a limited period of validity or is subject to conditions, this must be explicitly stated in the offer.
2. the offer is without obligation. The entrepreneur is authorised to change and adapt the offer.
3. the offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. all images, specifications and data in the offer are indicative and cannot be grounds for compensation or cancellation of the agreement.
5. images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours shown correspond exactly with the actual colours of the products.
6. every offer shall contain such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This concerns in particular
in particular:
- the price including taxes
- the possible shipping costs;
- the manner in which the contract is concluded and the actions required for this;
- whether or not the right of cancellation is applicable;
- the method of payment, delivery and fulfilment of the contract;
- the period for acceptance of the offer or the period within which the trader guarantees the price;
- the amount of the distance communication tariff if the costs for the use of distance communication technology are calculated on a basis other than the regular basic tariff for the means of communication used;
- whether the agreement is archived after its conclusion and, if so, how it can be consulted by the consumer;
- the way in which the consumer can check and, if desired, correct the information he has provided in the agreement before concluding it;
- all languages other than Dutch in which the contract can be concluded;
- the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the event of a longer transaction.
Article 5 - The agreement
1. subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
2. if the consumer has accepted the offer by electronic means, the entrepreneur will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the trader has not confirmed receipt of this acceptance, the consumer may cancel the contract.
3. if the contract is concluded electronically, the entrepreneur must take appropriate technical and organisational measures to protect electronic data transmission and ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures.
4. the entrepreneur can - within the legal framework - inform himself whether the consumer can fulfil 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 assessment, the entrepreneur has good reasons not to conclude the contract, he is entitled to refuse an order or request or to attach special conditions to the execution, stating reasons.
5. the entrepreneur will include 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 medium:
a. the contact address of the establishment of the trader to which the consumer can address complaints;
b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and the existing after-sales service;
d. the information contained in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the conclusion of the contract;
e. the conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a fixed-term transaction, the provision of the previous paragraph shall only apply to the first delivery.
Each agreement is concluded under the suspensive condition of sufficient availability of the products concerned.
Article 6 - Right of cancellation
1. when purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This cooling-off period commences on the day of receipt of the product by the consumer or a representative designated in advance by the consumer and notified to the entrepreneur.
2. during the cooling-off period, the consumer shall handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of cancellation, he must return the product with all delivered accessories in its original condition and packaging in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. if the consumer wishes to make use of his right of withdrawal, he must inform the entrepreneur within 14 days of receipt of the product. The consumer must communicate this in an e-mail to klantenservice@hatland.nl. After the consumer has expressed his wish to make use of his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered product has been returned on time, e.g. by means of proof of dispatch.
4. if the customer has not expressed his wish to make use of his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is a fact.
The order can be returned to the following address:
Hatland Headwear B.V.
Attn: Returns department
Rendementstraat 23
8094 RA Hattemerbroek
The Netherlands
Article 7 - Costs in case of cancellation
1. if the consumer makes use of his right of withdrawal, he shall bear at most the costs of returning the goods.
2. if the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. The prerequisite for this is that the product has already been received by the entrepreneur or that there is conclusive proof that the product has been returned in full. return can be provided. The refund will be made using the same payment method used by the consumer, unless the consumer has expressly authorised a different payment method.
3. if the product has been damaged due to improper handling by the consumer, the consumer is liable for any depreciation of the product.
4. the consumer cannot be held liable for the depreciation of the product if the trader has not provided all legally required information about the right of withdrawal; this should be done before the purchase contract is concluded.
Article 8 - Exclusion of the right of withdrawal
The trader may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the contract.
The exclusion of the right of cancellation is only possible for products
a. which have been manufactured by the entrepreneur according to the consumer's specifications;
b. which are clearly of a personal nature;
c. which cannot be returned due to their nature;
Article 9 - The price
1. during the period of validity stated in the offer, the prices of the products offered will not be increased, with the exception of price changes due to changes in VAT rates.
2. by way of derogation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, with variable prices. This connection with fluctuations and the fact that the prices quoted are target prices will be mentioned in the offer.
3. price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
4. price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has stipulated them and:
a. they result from statutory provisions or regulations; or
b. the consumer is entitled to terminate the contract on the day on which the price increase takes effect.
5. the prices stated in the offer of products or services include VAT.
6. all prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 - Compliance and guarantee
1. the trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of suitability and/or usability and the statutory provisions and/or government regulations applicable at the time of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for other than normal use.
(2) A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader on the basis of the agreement.
3. defective or incorrectly delivered products should be reported to the trader in writing within 4 weeks of delivery. The products must be returned in their original packaging and in new condition.
4. the warranty period of the entrepreneur corresponds to the factory warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
Article 11 - Delivery and execution
1. the entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. the place of delivery is the address that the consumer has made known to the entrepreneur
3. with due observance of the provisions in paragraph 4 of this article, the company shall fulfil accepted orders expeditiously, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot or only partially be executed, the consumer will be informed of this no later than 30 days after placing the order. In this case, the consumer has the right to cancel the contract free of charge. The consumer is not entitled to any compensation.
4. all delivery times are indicative. The consumer cannot derive any rights from the stated periods. Exceeding a deadline does not give the consumer any right to compensation.
5. in the event of cancellation in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after cancellation.
6. if the delivery of an ordered product is not possible, the entrepreneur will endeavour to make a replacement delivery. At the latest at the time of delivery, it will be clearly and comprehensibly pointed out that a replacement item will be delivered. The right of cancellation cannot be excluded for replacement items. The entrepreneur shall bear the costs of the return shipment.
7. the risk of damage and/or loss of products lies with the trader until the time of delivery to the consumer or a representative named in advance and made known to the trader, unless expressly agreed otherwise.
Article 12 - Payment
1. unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
2. the consumer has the duty to inform the entrepreneur immediately of any inaccuracies in the payment details provided or mentioned.
3. in the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.
Article 13 - Complaints procedure
1. the entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
2. complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
3. complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
(4) If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
5. a complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
6. if a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.
7. if you are not satisfied with the handling of your complaint, you can submit it to the Dispute Settlement Commission via the European ODR platform.
Article 14 - Disputes
1. only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
2. the Vienna Sales Convention is not applicable.
Article 15 - 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 the consumer can store them in an accessible manner on a durable data carrier.