Terms of service
The right of withdrawal
You have the right to withdraw from the contract within a period of 14 days without giving reasons. During this period, you can do with the product what is reasonably necessary to assess the product. You are allowed to try out the product as you would in a physical store. You can remove the product from the packaging, unless the packaging contains a seal. If you have done more than necessary to try the product, we may charge you for this. The withdrawal period expires 14 days after the day on which you, or a third party other than the carrier designated by you, has taken possession of the product. If you have ordered several goods with different delivery times in one order, the withdrawal period expires 14 days from the day on which you received the last product or part. Once you have agreed with us on a regular delivery of products, the withdrawal period expires 14 days after the day on which you or a third party designated by you acquires physical possession of the first product. To exercise your right of withdrawal, please send us an e-mail, whether or not including the model form, to Within 14 days of sending the e-mail, you must return the products. We ask you to return the product in the original packaging as much as possible. Refund After you have exercised your right of withdrawal, you will receive all payments, including any delivery costs for the outward shipment, back within fourteen days. We will refund you with the same payment method you used to pay, unless you agree on a different method with us. You bear the costs for the return shipment yourself. We estimate that these costs will be a maximum of € 25.00. Exclusion of the right of withdrawal The right of withdrawal is excluded for: products that are made to your specifications, such as All food products. - Food etc. (No Non-food products). products that spoil quickly or have a limited shelf life, such as Food stands for food for human consumption and feed for animal feed, usually compound feed. Page 1 of 3 for products that cannot be returned after opening for hygienic reasons, such as Hygienic and/or health-oriented sealed products. CDs, DVDs, Blu-Ray discs or software that has been unsealed. the delivery of loose newspapers, magazines or magazines, such as (newspapers, magazines, etc).. business customers.
Privacy Statement
This is the privacy statement:
Hereinafter: HPSW. HPSW is registered with the Chamber of Commerce.
This document explains how HPSW handles the processing of your personal data. HPSW will exercise the greatest possible care in the processing of your personal data.
Obtaining personal data:
If you use HPSW's services, you provide a number of personal data to HPSW yourself, or personal data will be obtained from you in the context of the agreement. Personal data means any data relating to an identified or identifiable natural person.
Categories of personal data
HPSW processes the following categories of personal data:
● Contact and name and address details;
● Location data, such as postal codes with house numbers;
● Email address;
● Company details;
● Different delivery address;
● Financial data;
● Account information, including your password and username;
● Order history;
● Other personal data provided by you.
Purpose of the processing
The personal data processed by HPSW is intended to:
● Contact you to inform you about the services you have purchased and their implementation;
● Performing its services;
● Improving the service;
● Making payments;
● Compliance with legal obligations;
● Doing marketing and communication communications;
● Improving the website by analyzing visitor behavior on the website;
● Sending newsletters;
● Data exchange with third parties for the purpose of performing the service.
Basis for processing
The processing of personal data is only possible on the basis of the following principles: (i) legal obligation, (ii) performance of agreement, (iii) obtained (explicit) consent from the data subjects, and (iv) legitimate interest. Personal data is processed in the provision of HPSW's services. HPSW only processes data that HPSW deems necessary for (improving) the services and handles the (personal) data it has collected about you and your use of the services with care. The basis for processing this data is the agreement you have entered into with HPSW. Personal data about you may also be processed by visiting the website https://betaalbaarwinkelen.com/ if you have given permission for this.
Necessity of processing
The processing of your personal data is necessary to be able to perform the service. The services offered by HPSW cannot be fully performed without the processing of your personal data. If your explicit consent is required for specific purposes with regard to the personal data, you must give your separate consent.
Automated decision-making
There is no automated decision-making.
Retention period
The personal data processed by HPSW is stored in accordance with the relevant laws and regulations. If a longer retention period is necessary on the basis of laws or regulations, the personal data will be stored longer in accordance with these requirements. All (obtained) personal data will not be stored longer than strictly necessary.
Processing by third parties
Is the list below correct or does it need to be adjusted?****
HPSW only shares personal data with third parties if this is strictly necessary for the execution of an agreement and to comply with relevant laws and regulations. No personal data is sold. HPSW may be subject to a legal obligation to share personal data with third parties. If personal data is shared with third parties, processing agreements are concluded for this purpose. The third parties with whom personal data is shared are:
● The delivery service(s) engaged, for the purpose of the execution of the agreement. The categories of personal data that are processed are contact and name and address details and location data.
● The Payment Provider, for the purpose of the execution of an agreement. The categories of personal data that are processed are financial data.
● The Accountant, for the purpose of the execution of an agreement. The categories of personal data that are processed are contact and name and address details and financial data.
● Software suppliers, for the purpose of the execution of the agreement. The categories of personal data that are processed are location data, email address and contact and name and address details.
● Website administrator, for the purpose of executing the agreement. The categories of personal data that are processed are location data, email address and contact and name and address details.
Security of Personal Data
HPSW takes the protection of your personal data seriously and, taking into account the state of the art, implementation costs, as well as the nature, scope, context and purposes of the processing and the risks of varying likelihood and severity to rights and freedoms from appropriate technical and organisational measures to ensure a level of security appropriate to the risk.
Younger than 16 years old?
If you are a minor, i.e. under the age of 16, you may only consent to the processing of your personal data with the consent of one of your parents or legal guardian. It is then important that your parent(s) or guardian reads this statement. They can also exercise the rights you have with regard to the personal data you leave with us, such as the right to object to the (further) processing of your personal data or the right to access and correct your data.
Disclaimer
By using the website, you agree to the disclaimer. HPSW reserves the right to change the content of its website and/or this disclaimer at any time without informing its customers and/or users of the website of this change. The content of the website has been compiled with the greatest possible care, but may nevertheless contain possible inaccuracies or be incomplete. HPSW does not accept any liability whatsoever for damage caused by or resulting from the use of the website. The use of this website is entirely at the expense and risk of a user of the website. No rights can be derived from the content of the website. All texts on the website are protected by copyright and are the property of HPSW insofar as they do not belong to third parties.
Cookie Statement
HPSW uses technical and functional cookies to optimize the website. Cookies are small text files that are sent along with the visit to a website to make the user experience of visitors more efficient. HPSW may, by law, store cookies on your device if these cookies are strictly necessary to be able to use the website. Other types of cookies require your consent. We recommend accepting the cookies because of the user-friendliness of the website. Visitors to the website have a check-in option.
The cookies used by HPSW are functional cookies: these cookies ensure that the website works properly. These cookies have no consequences for privacy, so no permission needs to be requested and granted. These cookies store your browser settings so that our website can be viewed in the best possible way, or that the website remains accessible (load-balancing) but also cookies that ensure that no other cookies may be placed (no-follow).
With your permission, we place tracking cookies on your computer. We use these cookies to keep track of which pages you visit, in order to build a profile of your online behavior. This profile is not linked to your name, address, e-mail address and the like, but only to tailor advertisements to your profile so that they are as relevant to you as possible.
Cookies from Google are also placed on the HPSW website for the purpose of Google Analytics. This means that HPSW cannot link information to a natural person. We do not keep any information about what you do on the internet. Google Analytics may be required to provide access to this data under applicable laws and regulations. If you have any questions about this, please contact us via orderstreet.customerhelp@gmail.com
Use social media
HPSW uses third-party cookies to optimize the website. Some cookies are set by third-party services displayed on the website. Third parties mean Google Analytics and social media (LinkedIn, Facebook, Twitter). The use of cookies from other companies (third parties) is subject to the privacy and cookie policy of the company in question. When you click on the social media button on the website, a social media cookie is placed. This allows the social media party to recognize your IP address as soon as you share an article from the website. For the cookies of social media parties and the data and/or personal data they collect with them, HPSW refers you to the privacy and cookie statements of these parties.
Browser settings
If you do not want websites to place cookies on your device that you use to view the website, you can adjust your browser settings. Before a cookie is placed, you will receive a warning and you must give permission for the cookie. If you do not do this, it may result in the website not working as well, for example. You can adjust the settings of your browser so that your browser refuses all cookies and also the cookies of third parties. You can also delete cookies that have been placed. To do this, you need to adjust your browser's settings via preferences and then you can adjust the privacy settings.
This privacy statement does not apply to third-party websites that are linked to this website. We cannot guarantee that these third parties will handle your personal data in a reliable or secure manner. We recommend that you read the privacy statement of these websites before using them.
Rights of data subjects
As a data subject, you have the following rights:
● Right of access; As a data subject, you have the right to obtain confirmation as to whether or not your personal data is being processed and, if that is the case, to obtain access to the processing thereof.
● Right to rectification; You have the right to obtain rectification and completion of incorrect data.
● Right to erasure; Without undue delay, a data subject must obtain erasure of personal data relating to him.
●Right to restriction of processing; As a data subject, you have the right to restrict the processing of your personal data. Please contact HPSW for this.
● Right to data portability; A data subject has the right to obtain the personal data concerning him or her that he or she has provided to HPSW in a structured, commonly used and machine-readable format, and also to transmit such data to HPSW without hindrance from the controller to whom it was disclosed.
● Right to object; The data subject has the right to object, on grounds relating to his or her particular situation, at any time to the processing of personal data relating to him or her, including profiling, based on those provisions. HPSW will cease processing the personal data unless there are compelling legitimate grounds for the processing that outweigh the interests, freedoms and rights of the data subject in connection with the exercise, institution or defence of legal claims.
Complaint
If you have a complaint about the way HPSW handles your personal data, or wish to exercise any of the above rights, you can contact us via the website or by e-mail at orderstreet.customerhelp@gmail.com. To ensure that you wish to exercise a right, HPSW asks you to send a copy of your identity document. You can black out your passport photo and MRZ (strip with numbers at the bottom) to protect your privacy. HPSW will respond to your request as soon as possible, but no later than within 4 weeks. You can also submit a complaint to the Dutch Data Protection Authority. This is the competent enforcement authority. You can contact us via this link: https://autoriteitpersoonsgegevens.nl/nl/contact-met-de-autoriteit-persoonsgegevens/tip-ons.
Changes to the Privacy Statement
HPSW may amend the Privacy Statement at any time. The most recent version is published on the website. Therefore, always keep an eye on the website for the most recent version. If the new privacy statement has consequences for the way in which we process data already collected about you, we will inform you by e-mail.
General:
ZENSHA Fashiongroup (hereinafter: HPSW) is registered with the Chamber of Commerce and has its registered office at Poortland 66, 1046 BD Amsterdam.
Article 1 - Definitions
1. In these general terms and conditions, the following terms are used in the following senses, unless expressly stated otherwise:
2. Offer: Any written offer to Buyer to deliver Products by Seller to which these terms and conditions are inextricably linked.
3. Consumer: The natural person who is not acting in the exercise of a profession or business.
4. Buyer: The Company or Consumer who enters into a (distance) Agreement with the Seller.
5. Agreement: The purchase agreement (at a distance) that extends to the sale and delivery of Products purchased by the Buyer from HPSW.
6. Products: The Products offered by HPSW are a variety of products, such as clothing, electronic products, car parts, pet products, photo cameras, telephone accessories, and more.
7. Seller: The provider of Products to Buyer, hereinafter: HPSW.
8. Webshop:
Article 2 - Applicability
1. These terms and conditions apply to any HPSW Offer and Agreement between HPSW and a Purchaser and to any Product offered by HPSW.
2. Before a (distance) Agreement is concluded, the Buyer will have access to these general terms and conditions. If this is not reasonably possible, HPSW will indicate to the Buyer how the Buyer can view the general terms and conditions, which have in any case been published on the HPSW website, so that the Buyer can easily store these general terms and conditions on a durable data carrier.
3. In exceptional situations, it is possible to deviate from these general terms and conditions if this has been explicitly agreed in writing with HPSW.
4. These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer. Any general and/or purchase conditions of the Buyer are expressly rejected.
5. If one or more provisions of these general terms and conditions are partially or completely null and void or are annulled, the other provisions of these general terms and conditions will remain in force and the null and void provision(s) will be replaced by a provision with the same purport as the original provision.
6. Ambiguities about the content, interpretation or situations that are not regulated in these general terms and conditions must be assessed and interpreted in accordance with the spirit of these general terms and conditions.
7. If reference is made to he/her in these terms and conditions, this shall also be construed as a reference to he/him/his, if and to the extent applicable.
Article 3 - The Offer
1. All offers made by HPSW are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the offer. An Offer only exists if it has been recorded in writing/electronically.
2. The Offer made by HPSW is without obligation. HPSW is only bound by the Offer if the acceptance thereof is confirmed in writing by the Buyer within 30 days, or because the Buyer has already paid the amount due. Nevertheless, HPSW shall be entitled to refuse an Agreement with a potential Buyer for any cause on HPSW's behalf.
3. The Offer contains a precise description of the Product offered with corresponding prices. The description is detailed enough to enable the Buyer to make a proper assessment of the Offer. Obvious mistakes or errors in the Offerings cannot bind HPSW. Any images and specific data in the Offer are only an indication and cannot be grounds for any compensation or the dissolution of the Agreement (at a distance). HPSW cannot guarantee that the colors in the image will exactly match the real colors of the Product.
4. Delivery times and Deadlines stated in HPSW's Offer are indicative and do not entitle the Buyer to rescission or compensation if they are exceeded, unless expressly agreed otherwise.
5. A composite quotation does not oblige HPSW to deliver any part of the goods included in the offer or Offer at a part of the quoted price.
6. If and to the extent that there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last, and according to the gone-is-gone principle.
Article 4 - Conclusion of the Agreement
1. The Agreement is formed at the moment that the Buyer has accepted an Offer from HPSW by paying for the relevant Product.
2. An Offer can be made by HPSW via the website.
3. If the Buyer has accepted the Offer by entering into an Agreement with HPSW, HPSW will confirm the Agreement with the Buyer in writing, or at least by e-mail.
4. If the acceptance (on minor points) deviates from the Offer, HPSW is not bound by it.
5. HPSW is not bound by an Offer if the Buyer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or clerical error. The Buyer cannot derive any rights from this mistake or clerical error.
6. The buyer has the right to assert its right of withdrawal within the statutory period. If withdrawal applies, the Buyer will handle the Product and its packaging with care. It will only unpack or use the Product to the extent necessary to determine the nature, characteristics and functioning of the Product. The direct costs for returning the Product are borne by the Buyer.
7. Products that cannot be taken back due to (hygienic reasons, customization, etc.) are excluded from the right of withdrawal. This is explicitly stated in the Offer.
8. Products with a broken seal cannot be returned.
Article 5 - Execution of the Agreement
1. HPSW shall perform the Agreement to the best of its knowledge and ability.
2. If and to the extent required for the proper execution of the Agreement, HPSW has the right to have certain activities carried out by third parties at its own discretion.
3. The Buyer shall ensure that all information which HPSW indicates is necessary or which the Buyer should reasonably understand is necessary for the performance of the Agreement, is provided to HPSW in a timely manner. If the information required for the performance of the Agreement is not provided to HPSW in a timely manner, HPSW shall be entitled to suspend the performance of the Agreement.
4. In the performance of the Agreement, HPSW is not obliged or obliged to follow the instructions of the Buyer if the content or scope of the Agreement is changed as a result. If the instructions result in additional work for HPSW, the Buyer is obliged to reimburse the additional or additional costs accordingly.
5. HPSW may require security from the Buyer or full payment in advance before proceeding with the execution of the Agreement.
6. HPSW is not liable for damage, of whatever nature, that has arisen because HPSW has relied on incorrect and/or incomplete information provided by the Purchaser, unless this inaccuracy or incompleteness was known to HPSW.
7. The Buyer indemnifies HPSW against any claims from third parties who suffer damage in connection with the performance of the Agreement and which are attributable to the Buyer.
Article 6 - Delivery
1. If the commencement, progress or delivery of the Agreement is delayed because, for example, the Buyer has not provided all requested information or has not provided it on time, does not provide sufficient cooperation, the payment or deposit has not been received by HPSW on time or any delay occurs due to other circumstances beyond HPSW's control, HPSW is entitled to a reasonable extension of the delivery period. All agreed delivery times are never deadlines. The buyer must give HPSW written notice of default and give it a reasonable period of time to be able to deliver or deliver. The buyer is not entitled to any compensation due to the delay that has occurred.
2. The buyer is obliged to take delivery of the goods at the time they are made available to it in accordance with the Agreement, even if they are offered to it earlier or later than agreed.
3. If the Buyer refuses to take delivery or is negligent in providing information or instructions necessary for delivery, HPSW is entitled to store the goods at the expense and risk of the Buyer.
4. If the Products are delivered by HPSW or a third-party carrier, HPSW is entitled, unless otherwise agreed in writing, to charge any delivery costs. In principle, the delivery costs are included in the price from a total order value of €10,-. These will then be invoiced separately unless expressly agreed otherwise.
5. If HPSW requires information from the Buyer in the context of the execution of the Agreement, the delivery time will only commence after the Buyer has made all information necessary for the execution available to HPSW.
6. If HPSW has specified a deadline for delivery, this is indicative. Longer delivery times apply to deliveries outside the Netherlands.
7. HPSW is entitled to deliver the goods in parts, unless this has been deviated from by the Agreement or no independent value is attributed to the partial delivery. HPSW is entitled to invoice separately for the delivered goods in this way.
8. Deliveries will only be made if all invoices have been paid, unless expressly agreed otherwise. HPSW reserves the right to refuse delivery if there is a well-founded fear of non-payment.
Article 7 - Packaging and transport
1. HPSW undertakes towards the Buyer to properly package the goods to be delivered and to secure them in such a way that they reach their destination in good condition during normal use.
2. Unless otherwise agreed in writing, all deliveries are made including turnover tax (VAT), including packaging and packaging material.
3. Accepting goods without comments on the consignment note or receipt serves as proof that the packaging was in good condition at the time of delivery.
Article 8 - Investigations, complaints
1. The buyer is obliged to examine the delivered goods at the time of delivery, but in any case within 14 days after receipt of the delivered goods, but only to unpack or use them to the extent necessary to be able to assess whether it retains the Product. In doing so, the Buyer must investigate whether the quality and quantity of the delivered goods correspond to the Agreement and whether the Products meet the requirements that apply in normal (commercial) transactions.
2. The buyer is obliged to investigate and inform himself how the Product should be used and, in the case of personal use, to test the Product in accordance with the instructions for use. HPSW acknowledges no liability for the misuse of the Product by the Buyer.
3. Any visible defects or shortages must be reported to HPSW in writing at [email address] after delivery. The buyer has a period of 14 days after delivery for this. Non-visible defects or shortages must be reported within 14 days after discovery but no later than 6 months after delivery. In the event of damage to the Product due to careless handling by the Buyer itself, the Buyer is liable for any depreciation of the Product.
4. If a complaint is made in good time pursuant to the previous paragraph, the Buyer remains obliged to pay for the purchased goods. If the Buyer wishes to return defective goods, this will only be done with the prior written consent of HPSW in the manner indicated by HPSW.
5. If the Purchaser is a Consumer exercising his right of withdrawal, he shall, to the extent reasonably practicable, return the Product and all accessories to HPSW in their original condition and packaging, in accordance with HPSW's return instructions. The direct costs for return shipments are at the expense and risk of the Buyer.
6. HPSW is entitled to initiate an investigation into the authenticity and condition of the returned Products before a refund will be made.
7. Refunds to the Buyer will be processed as soon as possible, but the refund may take no more than 14 days after receipt of the Buyer's declaration of dissolution. Reimbursement will be made to the previously specified account number.
8. If the Buyer exercises its right to complain, the Buyer, being a Company, has no right to suspend its payment obligation nor to settle outstanding invoices.
9. In the absence of a complete delivery, and/or if one or more Products are missing, and this is attributable to HPSW, HPSW will send the missing Product(s) or cancel the remaining order after a request from the Buyer. The acknowledgement of receipt of the Products is leading in this regard. Any damage suffered by the Buyer as a result of the (deviating) scope of the delivery cannot be recovered from HPSW.
Article 9 - Prices
1. During the period of validity of the Offer, the prices of the Products offered will not be increased, except in the event of changes in VAT rates.
2. The prices stated in the Offer include VAT, unless expressly stated otherwise.
3. The prices as stated in the Offer are based on the cost factors applicable at the time of conclusion of the Agreement, such as: import and export duties, freight and discharge costs, insurance and any levies and taxes.
4. In the case of Products or raw materials for which there are price fluctuations on the financial market and over which HPSW has no influence, HPSW may offer these Products with variable prices. The Offer states that the prices are indicative prices and may fluctuate.
Article 10 - Payment and collection policy
1. Payment should preferably be made in advance in the currency in which the invoice was made using the method indicated.
2. The buyer cannot derive any rights or expectations from a pre-issued budget, unless the parties have expressly agreed otherwise.
3. The buyer must make a lump sum payment to the account number and details of HPSW made known to it. The parties can only agree on a different payment term after explicit and written permission from HPSW.
4. If a periodic payment obligation of the Buyer has been agreed, HPSW is entitled to adjust the applicable prices and rates in writing with due observance of a period of 3 months.
5. In the event of liquidation, bankruptcy, attachment or suspension of payments of the Buyer, HPSW's claims against the Buyer are immediately due and payable.
6. HPSW has the right to have the payments made by the Buyer used in the first place to reduce the costs, then to reduce the outstanding interest and finally to reduce the principal and the accrued interest. HPSW may, without default, refuse an offer to pay if the Purchaser designates a different order of attribution. HPSW may refuse full repayment of the principal if the outstanding and accrued interest as well as the costs are not also paid.
7. If the Buyer does not meet its payment obligation and has not fulfilled its obligation within the set payment term of 14 days, the Buyer will first receive a written reminder with a period of 14 days after the date of the reminder to comply with the payment obligation, including a statement of the extrajudicial costs if the Buyer does not meet its obligations within that period. before defaulting.
8. From the date that the Buyer is in default, HPSW will claim the statutory (commercial) interest from the first day of default until full payment and reimbursement of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated in accordance with the graduated scale from the Decree on compensation for extrajudicial collection costs of 1 July 2012.
9. If HPSW has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The judicial and execution costs incurred are also at the expense of the Buyer.
Article 11 - Retention of title
1. All goods supplied by HPSW shall remain the property of HPSW until the Purchaser has fulfilled all subsequent obligations under all Agreements entered into with HPSW.
2. The buyer is not authorized to pledge the goods covered by the retention of title nor to encumber them in any other way if the ownership has not yet been fully transferred.
3. If third parties seize the goods delivered subject to retention of title or wish to establish or assert rights to them, the Buyer is obliged to inform HPSW of this as soon as can reasonably be expected.
4. In the event that HPSW wishes to exercise its property rights referred to in this article, the Buyer already gives unconditional and irrevocable permission and authorization to HPSW or third parties to be designated by HPSW to enter all those places where HPSW's property is located and to take back those items.
5. HPSW has the right to retain the Product(s) purchased by the Buyer if the Buyer has not yet (fully) fulfilled its payment obligations, despite an obligation to transfer or hand over HPSW. After the Buyer has fulfilled its obligations, HPSW will make every effort to deliver the purchased Products to the Buyer as soon as possible, but no later than within 20 working days.
6. Costs and other (consequential) damage as a result of keeping the purchased Products are at the expense and risk of the Buyer and will be reimbursed to HPSW by the Buyer on first request.
Article 12 - Warranty
HPSW guarantees that the Products comply with the Agreement, the specifications stated in the offer, usability and/or soundness and the legal rules/regulations at the time of the conclusion of the Agreement. This also applies if the goods to be delivered are intended for use abroad and the Buyer has expressly notified HPSW in writing of this use at the time of entering into the Agreement.
Article 14 - Instructions for use of products
1. Purchaser of Products must follow HPSW's regulations and instructions.
2. more?
Article 15 - Suspension and dissolution
1. HPSW is entitled to suspend the fulfilment of the obligations or to dissolve the Agreement if the Buyer does not or does not fully comply with the (payment) obligations under the Agreement.
2. In addition, HPSW is entitled to terminate the Agreement existing between it and the Buyer, insofar as it has not already been performed, without judicial intervention, if the Buyer, in a timely or improper manner, does not fulfil its obligations arising from any Agreement concluded with HPSW.
3. Furthermore, HPSW is entitled to dissolve the Agreement (or have it dissolved) without prior notice of default if circumstances arise that are of such a nature that compliance with the Agreement is impossible or can no longer be required according to the standards of reasonableness and fairness, or if otherwise circumstances arise which are of such a nature that the unchanged maintenance of the Agreement cannot reasonably be expected.
4. If the Agreement is dissolved, HPSW's claims against the Buyer will be immediately due and payable. If HPSW suspends the fulfilment of the obligations, it retains its claims under the law and Agreement.
5. HPSW always reserves the right to claim damages.
Article 16 - Limitation of liability
1. If the performance of the Agreement by HPSW leads to liability of HPSW towards the Buyer or third parties, such liability shall be limited to the costs charged by HPSW in connection with the Agreement, unless the damage has arisen due to intent or gross negligence.
2. HPSW shall not be liable for consequential, indirect damage, loss of profits and/or loss suffered, lost savings and damages resulting from the use of the Products supplied. The Consumer is subject to a restriction in accordance with what is permitted on the basis of Article 7:24 paragraph 2 of the Dutch Civil Code.
3. HPSW is not liable for and/or obliged to repair damage caused by the use of the Product. HPSW provides strict maintenance and use instructions that must be adhered to by the Buyer. All damage to Products as a result of wearing and using is expressly excluded from liability (this includes traces of use, usage damage, fall damage, light and water damage, theft, loss, etc.).
4. HPSW is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.
5. HPSW is not responsible for any errors and/or irregularities in the functionality of the website and is not liable for any malfunctions or unavailability of the website for any reason.
6. HPSW does not guarantee the correct and complete transmission of the content of and e-mail sent by/on behalf of HPSW, nor for the timely receipt thereof.
7. All claims of the Buyer for failure on the part of HPSW lapse if they have not been reported to HPSW in writing and with reasons within one year after the Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. All claims of the Buyer will expire in any case one year after the termination of the Agreement.
Article 17 - Force majeure
1. HPSW shall not be liable if, as a result of a force majeure situation, it is unable to perform its obligations under the Agreement, nor shall it be required to perform any obligation, if it is prevented from doing so by reason of a circumstance that is not attributable to its fault and neither by law, legal act or generally accepted opinions.
2. Force majeure is in any case understood, but is not limited to, what is understood in the law and jurisprudence in this regard, (i) force majeure of suppliers of HPSW, (ii) failure to properly comply with obligations of suppliers prescribed or recommended by the Buyer to HPSW, (iii) defectiveness of goods, equipment, software or materials of third parties, (iv) government measures, (v) power failure, (vi) failure of the internet, data network and telecommunications facilities (e.g. due to: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in HPSW's company and (xi) other situations that HPSW considers to be beyond its control that temporarily or permanently prevent the fulfilment of its obligations.
3. HPSW has the right to invoke force majeure if the circumstance that prevents (further) performance occurs after HPSW should have fulfilled its obligation.
4. The parties may suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months each of the parties is entitled to dissolve the Agreement, without obligation to compensate the other party.
5. To the extent that HPSW has already partially fulfilled its obligations under the Agreement at the time of the occurrence of force majeure or will be able to fulfil them, and the part that has been fulfilled or is to be fulfilled has independent value, HPSW is entitled to invoice the part already fulfilled or to be fulfilled separately. The buyer is obliged to pay this invoice as if it were a separate Agreement.
Article 18 - Transfer of risk
The risk of loss or damage to the Products that are the subject of the Agreement shall pass to Buyer if the Products have been provided under the control of Buyer. This is the case if the Products have been delivered to the delivery address of the Buyer.
Article 19 - Intellectual Property Rights
1. All intellectual property rights and copyrights of HPSW are vested solely in HPSW and are not transferred to Buyer.
2. The Buyer is prohibited from disclosing and/or reproducing, modifying or making available to third parties all documents subject to HPSW's intellectual property rights and copyrights without the express prior written consent of HPSW. If the Buyer wishes to make changes to goods delivered by HPSW, HPSW must explicitly agree to the intended changes.
3. Buyer is prohibited from using the Products subject to HPSW's intellectual property rights other than as agreed in the Agreement.
Article 20 - Privacy, data processing and security
1. HPSW handles the (personal) data of the Buyer and visitors to the website(s) with care. If requested, HPSW will inform the person concerned about this.
2. If HPSW is required to provide information security pursuant to the Agreement, this security shall comply with the specifications provided and a level of security that is not unreasonable in view of the state of the art, the sensitivity of the data, and the associated costs.
Article 21 - Complaints
1. If the Buyer is not satisfied with the HPSW Products and/or has complaints about the (performance of the) Agreement, the Buyer is obliged to report these complaints as soon as possible, but no later than 14 calendar days after the relevant reason that led to the complaint. Complaints can be reported via [E-MAIL ADDRESS] with the subject "Complaint".
2. The complaint must be sufficiently substantiated and/or explained by the Buyer in order for HPSW to be able to handle the complaint.
3. HPSW will respond to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
4. The parties will try to reach a solution together.
Article 22 - Applicable law
1. Any Agreement between HPSW and the Buyer shall be governed by the laws of the Netherlands. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
2. In the event of an interpretation of the content and purport of these general terms and conditions, the Dutch text thereof is always decisive. HPSW has the right to unilaterally change these general terms and conditions.
3. All disputes arising from or as a result of the Agreement between HPSW and the Buyer will be settled at the competent District Court of Noord-Holland, location Alkmaar, unless provisions of mandatory law lead to the jurisdiction of another court.
Privacy Statement Trading Company Purchase Sales Worldwide
This is the privacy statement of Jelle Louwes trading as Handelsonderneming Purchase Sales Worldwide, hereinafter: HPSW. HPSW is registered with the Chamber of Commerce under number 81157061 and is located at Timpaan 55 (1628MT) in Hoorn. This document explains how HPSW handles the processing of your personal data. HPSW will exercise the greatest possible care in the processing of your personal data.
Obtaining personal data:
If you use HPSW's services, you provide a number of personal data to HPSW yourself, or personal data will be obtained from you in the context of the agreement. Personal data means any data relating to an identified or identifiable natural person.
Categories of personal data
HPSW processes the following categories of personal data:
● Contact and name and address details;
● Location data, such as postal codes with house numbers;
● Email address;
● Company details;
● Different delivery address;
● Financial data;
● Account information, including your password and username;
● Order history;
● Other personal data provided by you.
Purpose of the processing
The personal data processed by HPSW is intended to:
● Contact you to inform you about the services you have purchased and their implementation;
● Performing its services;
● Improving the service;
● Making payments;
● Compliance with legal obligations;
● Doing marketing and communication communications;
● Improving the website by analyzing visitor behavior on the website;
● Sending newsletters;
● Data exchange with third parties for the purpose of performing the service.
Basis for processing
The processing of personal data is only possible on the basis of the following principles: (i) legal obligation, (ii) performance of agreement, (iii) obtained (explicit) consent from the data subjects, and (iv) legitimate interest. Personal data is processed in the provision of HPSW's services. HPSW only processes data that HPSW deems necessary for (improving) the services and handles the (personal) data it has collected about you and your use of the services with care. The basis for processing this data is the agreement you have entered into with HPSW. Personal data about you may also be processed by visiting the website https://orderstreet.shop/ if you have given permission for this.
Necessity of processing
The processing of your personal data is necessary to be able to perform the service. The services offered by HPSW cannot be fully performed without the processing of your personal data. If your explicit consent is required for specific purposes with regard to the personal data, you must give your separate consent.
Automated decision-making
There is no automated decision-making.
Retention period
The personal data processed by HPSW is stored in accordance with the relevant laws and regulations. If a longer retention period is necessary on the basis of laws or regulations, the personal data will be stored longer in accordance with these requirements. All (obtained) personal data will not be stored longer than strictly necessary.
Processing by third parties
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HPSW only shares personal data with third parties if this is strictly necessary for the execution of an agreement and to comply with relevant laws and regulations. No personal data is sold. HPSW may be subject to a legal obligation to share personal data with third parties. If personal data is shared with third parties, processing agreements are concluded for this purpose. The third parties with whom personal data is shared are:
● The delivery service(s) engaged, for the purpose of the execution of the agreement. The categories of personal data that are processed are contact and name and address details and location data.
● The Payment Provider, for the purpose of the execution of an agreement. The categories of personal data that are processed are financial data.
● The Accountant, for the purpose of the execution of an agreement. The categories of personal data that are processed are contact and name and address details and financial data.
● Software suppliers, for the purpose of the execution of the agreement. The categories of personal data that are processed are location data, email address and contact and name and address details.
● Website administrator, for the purpose of executing the agreement. The categories of personal data that are processed are location data, email address and contact and name and address details.
Security of Personal Data
HPSW takes the protection of your personal data seriously and, taking into account the state of the art, implementation costs, as well as the nature, scope, context and purposes of the processing and the risks of varying likelihood and severity to the rights and freedoms of individuals, takes appropriate technical and organisational measures to ensure a level of security appropriate to the risk.