Terms and Conditions

humiio v.o.f.
Kostverlorenstraat 19
1052 GT AMSTERDAM
The Netherlands

www.humiio.com
info@humiio.com
customerservice@humiio.com

phone: +31-20-2101-920
Chamber of Commerce, Amsterdam, the Netherlands, 77208641
VAT number: NL860935139B01
BIC: INGBNL2A
IBAN: NL77INGB0007110480

Definitions

  1. humiio: humiio & humiio v.o.f., established in Amsterdam, Chamber of Commerce no. 77208641.
  2. Customer: the person with whom humiio / humiio v.o.f. has entered into an agreement.
  3. v.o.f. means “vennootschap onder firma”.
  4. Parties: humiio and customer together.

Applicability

  1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of products with, by or on behalf of humiio.
  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Offer and acceptance

  1. All offers made by humiio shall be free of obligation.
  2. humiio has the right to withdraw its offer at any time.
  3.  humiio shall only be bound by the offers if the acceptance thereof is confirmed humiio in writing.

Prices

  1. All prices used by humiio are in euros, are inclusive of VAT.
    For Shipments within the The Netherlands, Belgium and Luxembourg (Benelux) humiio will charge customer for a shipping contribution of € 60,00 inclusive of VAT. For outside the Benelux, all prices quoted on our website are excluding shipping costs. Customer shall ask for shipping quotes for shipping outside the Benelux. humiio use several forwarders and will always obtain the best and most price conscious quote(s). Please contact us at info@humiio.com or customerservice@humiio.com for shipping quotes and delivery time(s).
  2. Increases in the cost prices of the Product(s) or parts thereof, which humiio could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
  3. The customer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

Payment

  1. Payment is made via the electronic payment systems as offered by humiio on its website.

Returns

  1. Customer has the right to cancel the agreement or return the Product(s) within 14 days of receipt of these product(s). The right of withdrawal starts from the moment the order is received by the customer. The right of withdrawal does not apply to custom-made or personalized product(s).
  2. humiio product(s) are very carefully packed. Customer should unpack the product(s) with utmost attention and dedication.
  3. Customer should remove the professional applied bubble wrap plastic from the backside of the product(s) with a knife, (be careful!), keeping the bubble wrap plastic available for eventual repack.
  4. Customer should keep the bubble wrap plastic and the blue foam U Profiles until customer is sure he/she wishes to keep the product(s).
  5. Customer may use the right of withdrawal by sending an email to customerservice@humiio.com with, attached, a filled in model withdrawal form as set out in Annex I (click here to download). humiio will contact customer to discuss the process of the return – as humiio need to contact their forwarder to arrange collection of the frame(s).
  6. Customer will need to pay the return charges.
  7. All product(s) returned by customer must be in their original condition and packaging. If they are not, humiio may be unable to accept them or make a deduction from the refund. As long as any product(s) customer send back to humiio are in their original condition, humiio will refund customer’s purchase within 14 days of receiving customer’s notice of withdrawal.
  8. humiio will notify customer by e-mail when customer’s shipment (parcel) is received.
  9. The quality team of humiio checks their frame(s) to make sure it’s up to the very best standards before humiio will ship it to its customer. Customer must examine a product provided by humiio as soon as possible for possible shortcomings. In case customer received the product(s) with damages, or customer received the wrong product(s), customer must let humiio know as soon as possible, but in any case, within two months after the discovery of the defect. In case of damages, customer must send a mail to humiio with photographs of the damage or any other issues. humiio will assess customer’s complaint and arrange for collection, as discussed and arranged with customer. Contact: info@humiio.com or customerservice@humiio.com .If customer needs to return the product(s) because it is/they are damaged, humiio will not charge customer for the return/collection. Customer must inspect the product(s) upon arrival for eventual defects.

Retention of titel

  1. humiio remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to humiio under whatever agreement with humiio including of claims regarding the shortcomings in the performance.
  2. Until then, humiio can invoke its retention of title and take back the products.
  3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.

Delivery

  1. Delivery takes place while stocks last.
  2. Delivery of products ordered online takes place at the address indicated by the customer.
  3. If the agreed price is not paid on time, humiio has the right to suspend its obligations until the agreed price is fully paid.
  4. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by humiio.

Delivery period

  1. Any delivery period specified by humiio is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
  2.  Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless humiio cannot deliver within 30 days or if the parties have agreed upon otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by customer can take place in time.

Warranty

  1. humiio warrants that the products comply with the agreement.
  2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

Liability of humiio.

  1. humiio’s liability is limited to the warranty as described in these general terms and conditions
  2. humiio is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
  3. All images, photos, colors, drawings, descriptions on the website are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Every right of the customer to compensation from humiio shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly.
This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

Force majeure

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of humiio in the fulfillment of any obligation to the customer cannot be attributed to humiio in any situation independent of the will of humiio, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from humiio.
  2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
  3. If a situation of force majeure arises as a result of which humiio cannot fulfill one or more obligations towards the customer, these obligations will be suspended until humiio can comply with it.
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
  5. humiio does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

Changes in the general terms and conditions

humiio is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major changes in content will be discussed by humiio with the customer in advance as much as possible.
Customer are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Intellectual property rights

  1. humiio is and remains rightful claimant to all the intellectual property rights attached or related or belonging to the products sold by humiio.
  2. humiio retains the express and exclusive right to exercise the rights listed in the previous paragraph of this article – including the publication – both during and after termination of execution of the agreement. The customer is in any case prohibited from copying, duplicating, changing, damaging and/or destroying the products.
  3. Downloading or copying information from the humiio website is also prohibited without its prior written permission.

Applicable law and dispute resolution

  1. Dutch law is exclusively applicable to all agreements between the parties.
  2. If a customer has a complaint, he must first submit his complaint to humiio.
    Parties will then endeavor to find a suitable solution. If, in the eyes of the customer, no suitable solution can be found, he may use the ODR Platform (Online Dispute Resolution).
    For more information see: http://ec.europa.eu/odr.

Drawn up on 15 September 2020.