PRIVACY POLICY
Heinde & Verre B.V. respects the privacy of its clients, in particular their rights regarding the automatic processing of personal data. We have therefore formulated and implemented a policy on complete transparency with our customers with regard to processing of personal data, its purpose(s) and the possibilities to exercise your legal rights in the best possible way.
If you require any additional information about the protection of personal data, please visit the website of the Dutch Data Protection Authority (Autoriteit Persoonsgegevens): https://autoriteitpersoonsgegevens.nl/nl
LEGAL DEFINITION
Party responsible for processing personal data (hereinafter: “the controller”): Heinde & Verre B.V. , established in Weegbreestraat 21B, 3053JS, The Netherlands, chamber of Commerce number 64480801.
THE PROCESSING OF PERSONAL DATA
1. Personal data means any information relating to an identified or identifiable natural person (“data subject”)
2. An identifiable natural person is one who can be identified, directly or indiractly, in particular by reference to an identifier such as name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
3. We process the following categories of personal data from you:
• No personal data
• No cookies
REGISTRATION OF PERSONAL DATA
Your personal data are recorded in an (electronic) register.
YOUR RIGHTS REGARDING INFORMATION
1. Pursuant to Article 13 paragraph 2 sub b GDPR each data subject has the right to information on and access to, rectification, erasure and restriction of processing of his personal data, as well as the right to object to processing and the right to data portability.
2. You can exercise these rights by contacting us at contact@heindeverre.com.
3. Each request must be accompanied by a copy of a valid ID, on which you put your signature and state the address where we can contact you.
4. Within one month of the submitted request, you will receive an answer from us.
5. Depending on the complexity and the number of requests this period may be extended to two months.
LEGAL OBLIGATIONS
In case of infringement of any law or regulation, of which a visitor is suspected and for which the authorities require the personal data collected by the collector, they will be provided to them after an explicit and reasoned request of those authorities, after which these personal data do not fall anymore under the protection of the provisions of this Privacy Policy.
COMMERCIAL OFFERS
1. You may receive commercial offers from the collector. If you do not wish to receive them (anymore), please send us an email to the following address: contact@heindeverre.com.
2. Your personal data will not be used by our partners for commercial purposes.
DATA RETENTION
The collected data are used and retained for the duration determined by law.
APPLICABLE LAW
These conditions are governed by Dutch law. The court in the district where the collector has its place of business has the sole jurisdiction if any dispute regarding these conditions may arise, save when legal exceptions applies.
CONTACT
For request, questions or more information please contact: contact@heindeverre.com
COOKIE POLICY
This website does not use cookies, tracking pixels, or similar technologies that store or access information on your device.Therefore:
• No consent is required under Article 5(3) of the ePrivacy Directive
• No personal data is collected via cookies under the GDPR
If this changes in the future, we will implement a cookie consent mechanism in accordance with applicable laws.
GENERAL TERMS & CONDITIONS HEINDE & VERRE BV
Definitions:
“Heinde & Verre”: Heinde & Verre B.V.
Address: Weegbreestraat 21b3053 JS Rotterdam, The Netherlands
E-mail: contact@heindeverre.com
Chamber of Commerce reg.no. : 64480801
VAT identification number: NL855683879B01
EORI: NL855683879
REX: NLREX5637
“Customer”:
An entrepreneur within the meaning of the Dutch Civil Code (DCC), re-selling products from Heinde & Verre
“Distributor”
A customer of Heinde & Verre that resells Heinde & Verre products to other (wholesale) customers, who in turn intend sell Heinde & verre products to consumers.
1. Scope of application
All deliveries of goods by Heinde & Verre made on the basis of distance selling orders shall be governed by these general terms and conditions in the version which is valid at the time of the respective order.
With the placement of an order the customer accepts these general terms and conditions as well as the terms of delivery and payment which apply as an integral part of these general terms and conditions and which can be found on the webpage www.heindeverre.com/generalterms on a daily basis.
Amendments or additional agreements shall not be valid unless confirmed in writing by persons authorised to represent Heinde & Verre whose names have been entered in the register of the Dutch Chamber of Commerce and shall apply solely to the individual business transaction. Any other employees of Heinde & Verre shall not be authorised to make amendments or additional agreements in addition to these general terms and conditions.
Contractual terms as well as general terms and conditions of the customer are expressly rejected in their entirety, unless agreed upon in writing by legal representatives of both Heinde & Verre and the customer.
Should individual provisions of these general terms and conditions be invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The parties shall agree to replace the invalid provision with a valid provision that comes closest to fulfilling the sense and purpose originally intended.
These terms and conditions do not apply for customers that operate under a Distribution Contract with Heinde & Verre, and do not apply when consumers directly buy Heinde & Verre products in the Heinde & Verre webshop for consumers.
2. Ordering
The customer places an order either by sending an email, whatsapp, or by ordering via the wholesale webshop located at www.shop.heindeverre.com. In all methods of ordering, Heinde & Verre subsequently sends an offer, packing list or conformation by email.
Heinde & Verre’s offers in their entirety are subject to change without notice. The orders of the customer are in the legal sense the offer to which the customer is bound for 10 days. The contract shall be concluded either upon Heinde & Verre’s confirmation of the order (by telephone or in person) or upon delivery or performance. A separate notification of the customer about the acceptance is not required.
Heinde & Verre reserves the right to accept orders only in part.
Prior to sending the order the customer receives a summary of the contents of the order including prices, which he can then correct or confirm. Heinde & Verre will confirm the receipt of the order at Heinde & Verre by means of an e-mail, which however, does not yet constitute an acceptance of the order. Messages are received at Heinde & Verre only during the normal business hours (Monday to Thursday from 9 A.M. until 5 P.M. with the exception of Dutch public holidays and/or special business holiday closures). Messages which are received on the server of Heinde & Verre outside these normal hours are considered received only on the following working day.
The customer is aware that the Internet is not a secure communication medium and that data transmitted via the Internet can on the one hand become known and on the other hand be altered by third parties. The risk that data do not arrive at Heinde & Verre in the form transmitted by the customer is borne by the customer. Heinde & Verre assumes that the data, as received by Heinde & Verre, was sent by the customer in this form.
3. Prices
For resellers/business customers , the prices are to be understood according to the current price lists (in Euro) and exclusive of the statutory Dutch sales tax, excluding delivery charges and all other ancillary services, unless other delivery conditions are specified in the respective valid price list. The respective valid export and import duties apply additionally to deliveries outside the Netherlands.
Upon presenting a valid EU VAT number for customers within the EU, Heinde & Verre can treat the delivery as an Intra Community supply – Art. 138, VAT Directive 2006/112, thereby applying 0% VAT.
4. Delivery and delivery time
The cost of delivery of dispatch of the goods by Heinde & Verre to the delivery address provided by the customer at the time of ordering is carried out conform the shipping cost as noted on the actual Heinde & verre price list, unless parties have agreed otherwise, in writing by legal representatives of both Heinde & Verre and the customer.
With the handover of the goods at the customer’s address or at a third party appointed by the customer, the risk of loss or damage / deterioration of the goods transfers to the customer. The delivery of the goods by post or private delivery services is regarded as approved by the customer.
Parties may agree that the customer enters into a delivery contract with a delivery service, to take care of the transport of the ordered goods. Then the danger of loss or deterioration of goods transfers to the customer when the goods are handed over to the delivery service appointed and approved in writing, by the customer.
Delivery dates stated by Heinde & Verre are non-binding. If delivery dates are not met, this shall only entitle the customer to make use of his right of withdrawal / revocation if Heinde & Verre, even after a minimum of two weeks grace period has been set in writing, still does not carry out the delivery.
The delivery period is extended for the duration of hindrances that are due to circumstances beyond the control of the parties, such as force majeure, unforeseeable operational breakdowns, official interventions, transport and customs clearance delays, transport damages, breakdown of important production components and industrial disputes.
To the extent that partial deliveries are possible or needed to reduce delivery times, they are also legally permissible. Each partial delivery is regarded as a separate business transaction and can be invoiced separately by Heinde & Verre.
5. Warranty
Arising defects are to be reported by consumers/retailers immediately – whereby no disadvantageous consequences will arise in case of an omission to do so – , however, at the latest within one week after delivery of the goods, respectively after the detection of the defects in writing or e-mail (contact@heindeverre.com). If the product has been damaged during the shipping, the customer must immediately, at the latest within five days after receipt of the shipment, notify Heinde & Verre, otherwise Heinde & Verre shall reject any claim settlement. Generally, the customer shall make any damage notifications.
If the customer is he is obliged to inspect the delivered goods or rendered services immediately upon receipt for completeness, correctness and other faultlessness and send a written complaint about any possible defects including subsequent damages from defects immediately, at the latest, however, eight working days after the receipt of goods or rendered services and prior to a resale or use in writing or e-mail (contact@heindeverre.com); failure to do so will result in forfeiture of all claims he is entitled to (in the course of a proper examination for identifiable defects).
Warranty claims arising from defects expire within the statutory warranty period of 2 years from the delivery. In case of defects of title this period commences with the detectability of the defect.
If the goods are defective, the customer may choose between correction and replacement. Only if these two services are impossible or impracticable the customer can claim – in accordance with the legal regulations – commensurate reduction in price or rescission. The customer is obliged to give Heinde & Verre the opportunity to rectify a defect. If Heinde & Verre corrects a defect, this is done without cost and expense to the customer; however, Heinde & Verre can require the customer to return the goods – as far as this is practicable – at Heinde & Verre’s risk and cost.
Warranted characteristics of the goods are only those characteristics which Heinde & Verre explicitly guaranteed in writing. Heinde & Verre reserves the right to change its assortment, which does not represent a defect.
6. Returns
Returns shall only be accepted if they have been expressly agreed in advance with Heinde & Verre unless the customer exercises his withdrawal / revocation right according to Article 5 of these terms and conditions. For this purpose a complaint must be made in writing according to Article 5. a) or b) of the general terms and conditions, by e-mail (contact@heindeverre.com). The risk of accidental loss and damage to goods during transport shall pass to the customer upon dispatch of the goods, unless the customer exercises his withdrawal / revocation right according to Article 5 of these terms and conditions. The costs of the return transport of the goods are born by Heinde & Verre only in the case of a warranty according to Article 5. of these general terms and conditions
For resellers/business customers the following shall apply in addition to Article 6. a) that a deduction of 10% off the price of the goods is regarded as agreed for handling and processing of returns.
7. Compensation for damages
Heinde & Verre is not liable for property damages and financial damages for whatever legal reason, especially due to delay, impossibility of performance, positive violation of a contractual duty, “culpa in contrahendo”, consequential damages, defects or tortious acts, that have been caused by Heinde & Verre or persons for whom Heinde & verre is responsible, due to minor negligence.
Heinde & Verre shall not be liable for damages in excess of twice the order amount.
8. Terms of payment
Payment date: Invoices are due immediately and are payable without deductions. For resellers the payment within 21days from the date of invoice without any deduction is deemed made on time. The payment shall be deemed made once the payment was received at Heinde & Verre ; this shall not apply for consumers placing orders via the wholesale webshop of Heinde & Verre
Default of Payment. In case of default of payment on the part of the customer, Heinde & Verre is entitled – irrespective of other rights – to withhold all deliveries pending under the current delivery period until the agreed counter performance is rendered or to withdraw from the contract after expiry of a reasonable period of grace and/or to demand compensation for non-fulfilment. In this case, the customer is obliged to immediately return the supplied goods to Heinde & Verre at the customer’s cost. Heinde & Verre reserves the right to assert compensation claims for depreciation, wear and tear, reimbursement of its own transport costs and other costs, while Heinde & Verre is entitled upon rescission of contract to claim or retain 20% of the price of the goods as minimum contractual penalty. In the event that the customer is in default of acceptance, Heinde & Verre is entitled to invoice any costs arising from this.
Default interest / collection fees: In the event of delayed payment Heinde & Verre will charge business customers, default interest of 9 % p.a. above the applicable base interest rate of the European Central Bank will be charged.
Collection fees and default interest at the statutory rate will be charged starting with the first reminder (send within 2 weeks after the due date). Should a second reminder (sent within 2 weeks after the first reminder) become necessary, all future deliveries will be carried out only against advance payment or cash on delivery. After an unsuccessful second reminder the claim will be assigned within 2 succeeding weeks to a debt collection agency or a lawyer, of which all costs involved will be passed on the the customer.
In case of breach of his contractual obligations the customer undertakes to reimburse Heinde & Verre for the necessary costs for the appropriate pursuance of the claims. The customer has to reimburse € 5.00 for each reminder and a further € 25.00 for maintaining evidence of the contractual obligations in the debt collection process. In addition, the costs of the debt collection agency are to be reimbursed up to the maximum collection fee specified in the respective ordinance for fee ceilings and the cost of lawyers in accordance with the Lawyers’ Fees Act.
Heinde & Verre will request the statutory flat rate fee in the amount of € 40,00 from resellers/business customers for the compensation of any potential claim assessment; Heinde & Verre reserves the right to make any additional claims based on the individual case.
Offsetting: The prohibition of offsetting generally applies. The customer may offset any claims only in the case of payment default on the part of Heinde & Verre, or against connected, undisputed or legally established claims. Resellers/business customers within the meaning of the Dutch Commercial Code may assert rights of retention only with regard to claims based on connected, undisputed or legally established claims.
Price list: The price list for customers for which apply at the time of ordering, will be distributed to customers twice a year by email.
Payment in Euros into our IBAN account. Transfer fees paid to by the distributor
9. Reservation of title
The reseller/business customer is entitled to resell the reserved goods of Heinde & Verre in the course of regular business operations. The reseller/business customer hereby assigns all claims against third parties resulting therefrom to Heinde & Verre in advance, specifically to the amount of the respective invoice value including value added tax. Notwithstanding this assignment, the reseller/business customers shall remain entitled to collect the claim
10. Resale conditions
The resale conditions are valid only under the condition that any products delivered by Heinde & Verre will be resold from the reseller to consumers, and not to customers that plan to resell Heinde & Verre products to consumers themselves, unless otherwise agreed upon in writing, by legal representatives of Heinde & Verre.
Delivery can only be made in sales units as they apply to resellers/business customers, based on the price list for resellers/business customers which will be distributed to customers by email every 6 months.
Heinde & Verre grants its resellers the right to use the name Heinde & Verre only for the advertising of the ordered, original goods. This permission to use can be withdrawn at any time and ends in any case with the termination of the business relationship. Furthermore, the customer is not entitled to file or have filed the trademark Heinde & Verre, or to change them in any way or form, for example by using them with annexes.
With the placement of an order, the reseller acknowledges that all rights remain with Heinde & Verre and that any use exceeding the above stated extend requires Heinde & Verre’s explicit written consent. All picture data, text and graphics provided by Heinde & Verre to the customer are subject to Heinde & Verre’s copyright and rights to use. Any changes to the provided documents, their sale or the granting of rights to third parties is not permitted and is subject to compensation claims by Heinde & Verre.
In particular, the delivery of ordered goods shall not transfer the right to the reseller/business customer to – in any way or form – give the impression that a particular commercial connection exists with Heinde & Verre, respectively to give the impression that his shop is a sales shop operated or certified by Heinde & Verre.
Provision of data according to EU 1169/2011: Heinde & Verre undertakes all efforts to provide the current information data on the online-reseller’s/business customer’s portal. It is the individual reseller’s duty to gather the information from this information point.
11. Shelf life
For resellers/business customer we guarantee a minimum shelf life of 11 months.
Shelf life may not be changed by the reseller
12. Intellectual property rights, secrecy
The use of texts, images, photos, layouts and other representations by Heinde & Verre, as well as parts thereof requires the prior written express approval of Heinde & Verre. In particular, documents such as leaflets, catalogues, samples, presentations and the like remain the intellectual property of Heinde & Verre. Any use, in particular the disclosure, reproduction, publication and making available including only partial copying, requires the express and prior written approval of Heinde & Verre.
Provided product images and other material (the “retail pack”) may be used for promotion in unchanged format.
All rights are reserved to Heinde & Verre.
The contracting parties of Heinde & Verre undertake all possible measures to keep absolutely confidential vis-à-vis third parties any knowledge obtained in the course of their business relationship.
13. Data protection
Reference is made to Heinde & Verre’s separate data protection declaration, which is available for download at and will, upon request, be provided to the customer at any time.
14. Miscellaneous
Deliveries and declarations of intent shall be made to the address provided by the customer on the order form with legal effect. The customer undertakes to provide complete and accurate information requested in the appropriate form during the conclusion of contract. In the event that the customer provides incorrect, incomplete and ambiguous information, the customer is liable for all costs and damages arising for Heinde & Verre therefrom. The customer is obligated to notify Heinde & Verre immediately and in writing, of changes of name, address or domicile, otherwise compensation for damages will be claimed. In case of omission, each written notification sent to the last address supplied by the customer shall be sufficient for the requirements of an effective notification.
The transfer of rights from the contract concluded with Heinde & Verre to third parties requires the written approval of Heinde & Verre.
15. Applicable law, place of performance, jurisdiction
Dutch law applies exclusively to the legal relationships between Heinde & Verre and its customers under exclusion of its reference provisions and the UN sales law.
The place of payment and performance for all obligations arising from this contract is Rotterdam.
The competent court in Rotterdam is considered to be agreed as the exclusive place of jurisdiction for all disputes arising indirectly or directly from this contractual relationship with Heinde & Verre.
