General terms
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Article 1. Validity of these conditions
1-1 These conditions apply to all agreements entered into by High-clean.com, based at Zeewolde.
1-2 Special conditions, deviating from those of High-clean.com, are binding only when agreed in writing.
Article 2. General terms of contract partners and/or third parties
2-1 High-clean.com will only accept the applicability of general terms of contract partners and/or third parties if these were agreed expressly and in writing.
2-2 Any applicability of aforementioned general terms shall be without prejudice to the applicability of the general terms of High-clean.com, unless these are in conflict with those general terms of contract partners and/or third parties.
2-3 General terms will be accepted by High-clean.com only under abovementioned conditions and will apply only to the designated transaction. Later transactions will not be dealt with automatically via these purchase conditions.
Article 3. Offers
3-1 All offers and/or quotations are non-committal, unless expressly stated otherwise. The prices stated apply to the delivery ex business or High-clean.com warehouse, excluding VAT and excluding any packaging.
3-2 Information in print, issued by High-clean.com is subject to modification without prior notice, they do not commit High-clean.com.
Article 4. Arrangements
Arrangements or agreements with subordinate members of the High-clean.com staff are non-committal, insofar these were not confirmed by High-clean.com. Subordinate staff, in connection with this, can be defined as all employees and assistants who have no authority.
Article 5. Agreement
5-1 The agreement of purchase and sales of goods becomes binding for High-clean.com by way of confirmation.
5-2 Each agreement entered into with High-clean.com contains the resolutive condition that the client’s solvency will prove sufficient, to be exclusively at his discretion. Client shall permit that High-clean.com requests information about him, if deemed necessary.
5-3 Data concerning what was offered, such as properties, measures, colours, etc., as also details in printed matter, drawings, images and the like, issued by High-clean.com with the offer, are not binding to him and are provided in good faith.
Article 6. Prices
6-1 All agreements will be concluded on the basis of the prices applicable at the time of conclusion.
6-2 Price lists and advertisement materials are subject to modification and shall not commit High-clean.com.
6-3 If prices of wages, social charges, value added tax and the like are subject to increase after the agreement, even if this occurs subsequent to circumstances foreseeable during the offer, these can be passed on. Should this occur within three months after concluding the agreement, both parties shall be entitled to dissolve the contract.
6-4 If the price fluctuations exceed 2% of the agreed transaction, both parties will be entitled to demand overall settlement.
Article 7. Partial delivery
Any partial delivery, the definition of which includes the delivery of goods of a compiled order, can be invoiced; in such a case, payment must take place in accordance with was is set out in Article.
Article 8. Packaging
If necessary, packaging will be calculated against cost price and not returned. The necessity of the use of packaging is to be decided by High-clean.com.
Article 9. Deposit
When entering into the agreement, High-clean.com is entitled to a demand a deposit of at least 25%. If, due to attributable failure in the fulfilment, on the side of High-clean.com, the agreement is dissolved, client will be entitled to repayment of the deposit made, together with a compensation, as arranged at a later stage in these conditions, the statutory interest over the deposit made by him is part of, at least.
Article 10. Delivery terms
10-1 The agreed delivery terms are not final dates, unless expressly agreed otherwise. In the event of non-timely delivery, the client must notify High-clean.com of default in writing.
10-2 The delivery terms were established expecting that there would be no impediments for High- clean.com concerning the delivery of the goods.
10-3 If the goods ordered were not taken by the client, after passing of the delivery term, the goods will be stored at his disposal, at his expense and risk.
Article 11. Transport
Shipment will take place as indicated by High-clean.com. Should the client request to receive a shipment in a different way, for instance, by means of fast or express shipping, this will bring additional costs, at his expense.
Article 12. More and less work
12-1 The work contains what was agreed between parties in writing.
12-2 More and less work before or during the implementation of the activities ordered verbally or in writing, is eligible for settlement.
12-3 Costs to be incurred by High-clean.com, the cause of which cannot be attributed to them, can be passed on to the client.
Article 13. Change of the order
13-1 Changes of the original order, of whatever nature, either verbally or in writing, applied by or on behalf of the client, causing costs that exceed what was relied on during the price quotation, will be charged to the client.
13-2 Any changes desired in the implementation of the order, after issuing by the client, must be timely communicated by the client, in writing, to High-clean.com. If changes are communicated verbally or by telephone, the risk for the implementation of the changes will be for account of the client.
13-3 Amendments made may result in excess of the delivery time by High-clean.com, outside their responsibility.
Article 14. Cancellation
14-1 If the client cancels the order and/or refuses to purchase the goods, he will be obliged to accept and pay for the goods and commodities already purchase by High-clean.com, whether or not machined, against cost price, including wages and social charges, while also he will be bound, towards High-clean.com, to full compensation of what was already presented. Client will also be liable to pay to High-clean.com, as an indemnification, the amount of 1/3 of the agreed price. Client is also obliged to indemnify High-clean.com against claims of third parties, as a consequence of the order and/or refusal of the goods.
14-2 Without prejudice to what was stated in the previous paragraph of this Article, High-clean.com will reserve all rights to claim complete fulfilment of the agreement and/or full compensation.
Article 15. Complaint
15-1 Client is obliged to thoroughly inspect the goods immediately after delivery, on deficiencies and, if applicable, to promptly inform High-clean.com. If the client does not point out any deficiencies, which could be noticed during thorough inspection, to High-clean.com within 8 days after the day of the delivery, then client is deemed to agree with the state in which the goods purchase were delivered, whereupon any right to complain will expire.
15-2 High-clean.com must be enabled to check any complaints filed. In case of agreement, a written statement will be drawn up that shall be signed by both parties.
15-3 If the complaint is justified, according to the evaluation of High-clean.com, they will either pay a fair compensation, not exceeding the amount on the invoice of the goods delivered, or replace the goods delivered free of charge after return of them in their original state.
Article 16. Warranty
16-1 After delivery, High-clean.com will grant a written 2 year warranty to the client regarding material and manufacturing defects, arising from normal use (exception: soap dispenser, for which a warranty term of six months is in place). The High-clean.com warranty does not apply if the defects are the result of improper use, of causes other than material and manufacturing defects or if High- clean.com supplies used materials or goods, after consultation with the client.
16-2 For all goods and materials not manufactured by High-clean.com themselves, the warranty will never exceed what was granted by their supplier. Warranty will be granted exclusively regarding the materials delivered, but not concerning wages or hours, these will be charged.
16-3 Regarding any goods sold and delivered with factory, importer or wholesaler warranty respectively, only the warranty terms determined by these suppliers will apply.
Article 17. Right of retention
While High-clean.com retains goods of the client, they are entitled to retain these goods until fulfilment of all costs spent on them during the execution of the order, unless the client has provided sufficient security for the fulfilment of these costs. High- clean.com also holds this right of retention on the basis of previous agreements, regarding which the client still owes payments.
Article 18. Liability
18-1 High-clean.com cannot be held liable for any costs, damages and interests that could arise a direct or indirect result of: a. Force majeure, as described later in these conditions; b. Deeds of omissions by the client, his subordinates or persons employed by or on behalf of him; c. Negligence by the client concerning the maintenance of the goods delivered; d. Normal wear to the goods delivered, as a result of daily use; e. Discolouring of the goods delivered as a result of the effect of light; f. Any other external causes.
18-2 High-clean.com can only be held liable, insofar covered by insurance, or to a maximum of the invoice value, for damage to the work, attachment material and equipment, as also to the work and/or property of the client and/or third parties, insofar caused by fault of High-clean.com or those employed by High-clean.com.
18-3 High-clean.com will basically not be bound to compensate the incurred company and/or the client’s consequential damage, depending on the nature of the fault.
Article 19. Force majeure
19-1 Extraordinary circumstance, for instance storm damage and other natural disasters, impediment by third parties, impediment in the transport in general, full or partial strikes, riot, war or risk of war, either here, in The Netherlands or in the country of origin, exclusions, loss or damages of goods during transport to High-clean.com or the client, failure to deliver or late delivery of goods by suppliers of High-clean.com, export and import prohibitions, full or partial mobilisation, impeding measures from any government, fire failures and accidents in the company of regarding the means of transport of High- clean.com, or those of third parties, imposing of levies or other governmental measures, that cause a change in the actual conditions, will cause force majeure to High-clean.com, that will release them from the obligation to delivery, without the client being able to make any statutory claims of whatever nature or named in any other way.
19-2 In these, or similar, circumstances, High-clean.com is entitled, such entirely at their own discretion, to cancel the purchase agreement, or to suspend it or modify it respectively, until such extraordinary circumstances have ceased to exist, where the client is obliged to pay for the possibly performed action.
Article 20. Retention of title
20-1 As long as High-clean.com has not received full payment concerning an agreement of parties, with regard to the sale / purchase (including any damage, costs and interest), the goods delivered remain the property of High-clean.com.
20-2 High-clean.com is entitled to reclaim these goods and obtain them if the negligent client does not fulfil his obligations, if he liquidates, applies for suspension of payment or received this, is declared bankrupt or when the goods are seized.
20-3 All acts of disposal with regard to the goods sold an delivered, are prohibited to the client, as long as he has not fulfilled his payment obligations.
Article 21. Non-performance and dissolution
21-1 If the client commits a breach of contract in any way, this will cause him to already be in default, without any notice of default being required.
21-2 Without prejudice to what is stated in the Civil Code, in the event of breach of contract, High-clean.com will be entitled to suspend their obligation from the concluded agreement, or partly or entirely declare the agreement to be dissolved, without judicial intervention, at their discretion.
21-3 The rights mentioned in paragraph 2 of this Article also belong to High-clean.com, should the client be declared bankrupt or when a petition for bankruptcy is filed, if he applied for suspension of payment or received this, his immovable assets were seized, his company was liquidated, is or was taken over by a third party, or if he has the intention to leave The Netherlands to take up permanent residence elsewhere. In all of these circumstances, all claims that High-clean.com has against the client, will become immediately due and payable.
Article 22. Payment
22-1 Payments, also those in instalments, must take place within 14 days after submitting of the invoice, unless agreed otherwise in writing. 22-2 High-clean.com is authorised to charge the client an interest of 1.25% per month, counted from the day of submitting the invoices, if payment of the amount due is not received within the term set.
22-3 High-clean.com is also entitled to claim any costs, besides the principal amount and interest, caused by non-payment, both judicial and extrajudicial, including the costs of a solicitor, prosecutor, fiduciary, bailiff and debt collection agency.
22-4 The extrajudicial expenses are 15% of the principal amount, plus interest, with a minimum of € 35. In addition, the extrajudicial expenses will be increase by all expenses for judicial advice and support. The simple fact that High-clean.com assured themselves of assistance by a third party show the magnitude and the obligation to payment of the extrajudicial expenses.
Article 23. Applicable law
Dutch Law exclusively applies to all agreements entered into and/or actions performed by High-clean.com; these agreements and/or actions are deemed to have been concluded and implemented respectively, in the Netherlands.
Article 24. Disputes
All disputes deriving from agreements concluded between parties, together with the single claim of what is payable, will be initiated before the Civil Court of High-clean.com’s registered office, should they wish this, insofar the Civil Court is legally authorised to that end.
Article 25. Complaints
We advise you to first make complaints known to us, by sending an email to info@www.high-clean.com. Should this not lead to a solution, then it is possible to report your dispute for mediation via Stichting WebwinkelKeur. As from the 15th of February 2016, it has also been possible for EU consumers to file complaints via the ODR platform of the European Committee. This ODR platform can be found on ODR platform. If your complaint is not yet being handled elsewhere, you are free to file your complaint via the platform of the European Union.
Article 26. Returns
You are entitled to return your order until 14 days after receipt without stating reasons. After cancellation you will once again have 14 days to return your product. You will then be credited the entire order amount, including costs of shipment. You will only pay the costs for return from your home to the web shop. Consult the website of your transporter for the exact costs. If you make use of your right of withdrawal, the product shall be returned to High-clean.com, supplied with all accessories and in the original state and – if reasonably possible – in the original packaging. In order to make use of this entitlement, you can contact us via info@high-clean.com. We will subsequently reimburse the order amount payable within 14 days after registration of your return, if the product has already been received in good order. You can return the product to High-clean.com, Tweespan 41, 3897 AG te Zeewolde stating: “retour High-clean.com”.
If you wish to return a product as a customer, we, as an online retailer have 14 days to reimburse the purchase amount. This term has been obligatory for all web shop since the 13th of June 2014. This 14 days term starts on the day that you indicated to wish to return, so not on the day when we receive the returned package. We are however allowed to hold the reimbursement until the product has actually arrived with us.