Terms of service

General terms and conditions Huledg

Email: info@huledg.com

Website: www.huledg.com

Article 1 – Definitions

Huledg: Huledg, established in Utrecht
Customer: The person with whom Huledg has entered into an agreement.
Parties: Huledg and Customer together.
Consumer: a Customer who is also an individual and who acts as a private person.

Article 2 – Applicability

These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Huledg.
Huledg and the Customer can only deviate from these conditions if this has been agreed in writing.
Huledg and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or others.

Article 3 – Prices

Huledg uses prices in the common local accepted currency of the specified EU country, VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.
Huledg may always change the prices of its services and products on its website and in other communications.
Increases in the cost prices of products or parts thereof, which Huledg could not have foreseen at the time of making the offer or concluding the agreement, may give rise to price increases.
The consumer may cancel the agreement due to a price increase in paragraph 3, unless the increase is the result of a legal regulation.
Huledg offers services on a no cure no pay basis.
With no cure no pay, the Customer only has to pay when Huledg achieves the agreed result.

Article 4 – Payments and payment term

Huledg may require a down payment of up to 50% of the agreed amount when entering into the agreement.
The Customer must make a subsequent payment within 14 days after delivery.
The payment terms used by Huledg are strict payment terms. This means that if the Customer has not paid the agreed amount no later than the last day of the payment term, he is automatically in default and in default, without Huledg having to send the Customer a reminder or give notice of default.
Huledg may make delivery subject to immediate payment or require security for the total amount of the services or products.

Article 5 – Consequences of late payment

If the Customer does not pay within the agreed period, Huledg may charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the Customer is in default, whereby a part of a month is counted as a whole month.
If the Customer is in default, he must also pay extrajudicial collection costs and any damages to Huledg.
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the Customer does not pay on time, Huledg may suspend its obligations until the Customer has paid.
IIn the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the Customer, Huledg's claims on the Customer are immediately due and payable.
If the Customer refuses to cooperate with the execution of the agreement by Huledg, he must still pay the agreed price.

Article 6 – Right of complaint

If the Customer is in default, Huledg may invoke the right of recovery with regard to the unpaid products delivered to the Customer.
Huledg exercises its right of recovery by means of a written or electronic communication to the Customer.
As soon as the Customer has been informed of the invoked right of recovery, the Customer must immediately return the products in question to Huledg, unless otherwise agreed in writing.
The Customer pays the costs for retrieving or returning the products in paragraph 3.

Article 7 – Right of withdrawal

A consumer may cancel an online purchase within 14 days of purchase without giving any reason. This right of withdrawal does not apply when:

it is a product that has been tailor-made or adapted especially for the consumer
it is a completed repair
the consumer has waived his right of withdrawal
it concerns a service that, with the consent of the consumer, is fully performed within the cooling-off period and where the Customer has expressly stated that he waives the right of withdrawal
it concerns a digital product where the use is one-time and is therefore no longer reusable (including through a license).

The reflection period of 14 days in paragraph 1 starts:

on the day after the Customer has received the last product or part of 1 order
as soon as the consumer has concluded an agreement for the delivery of a service

The consumer can use his cooling-off period by sending an email with that subject to info@huledg.com, possibly using the withdrawal form available on the Huledg website, huledg.com.
The consumer is obliged to return the product to Huledg within 14 days after communicating his right of withdrawal, failing which his right of withdrawal will lapse.

Article 8 – Reimbursement of delivery costs

If the consumer has revoked his purchase on time and has returned the complete order to Huledg on time, Huledg will refund any shipping costs paid by the consumer to the consumer within 14 days of receipt of the fully returned order on time.
The costs for delivery will only be borne by Huledg if the entire order is returned.

Article 9 – Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order on time, the Customer will pay the costs.

Article 10 – Suspension right

Unless the Customer is a consumer, he hereby waives the right to suspend the performance of any obligation arising from this agreement.

Article 11 – Right of retention

Huledg may exercise its right of retention and in that case retain the Customer's products until the Customer has paid all outstanding Huledg invoices, unless the Customer has provided sufficient security for those costs.
The right of retention also applies on the basis of previous agreements as a result of which the Customer still has to pay money to Huledg.
Huledg is not liable for any damage that the Customer suffers due to the use of his right of retention.

Article 12 – Right of retention

Unless the Customer is a consumer, he waives his right to offset a debt to Huledg against a claim against Huledg.

Article 13 – Retention of title

Huledg remains the owner of all delivered products until the Customer has paid all outstanding invoices from Huledg relating to an underlying agreement, including claims due to failure to comply.
Until that time in paragraph 1, Huledg can exercise its retention of title and take back the goods.
Before ownership has been transferred to the Customer, the Customer may not pledge, sell, dispose of or otherwise encumber the products.
If Huledg makes use of its retention of title, the agreement will be canceled and Huledg may demand damages, lost profits and interest from the Customer.

Article 14 – Delivery

Delivery takes place while supplies last.
Delivery takes place at Huledg, unless otherwise agreed.
Delivery of products ordered online takes place at the address specified by the Customer.
If the Customer does not pay the agreed amounts or does not pay them on time, Huledg may suspend its obligations until the Customer pays.
In the event of late payment, there is a creditor's default, as a result of which the Customer cannot object to Huledg for late delivery.

Article 15 – Delivery time

Huledg's delivery times are indicative. If delivery is made later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.
The delivery time starts when the Customer has fully completed the ordering process and has received confirmation from Huledg.
The Customer will not receive any compensation and may not cancel the agreement if Huledg delivers later than agreed. The Customer may cancel the agreement if this has been agreed in writing or if Huledg cannot deliver within 14 days, after receiving written notice to do so or if the Customer and Huledg have agreed otherwise.

Article 16 – Actual delivery

The Customer must ensure that the actual delivery of his ordered products can take place on time.

Article 17 – Transport costs

The Customer pays the costs for transport, unless the Customer and Huledg have agreed otherwise in writing.

Article 18 – Packaging and shipping

If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before receiving the product. If the Customer does not do this, he cannot hold Huledg liable for any damage.
If the Customer arranges the transport of a product himself, he must report any visible damage to products or packaging to Huledg prior to transport. If the Customer does not do this, he cannot hold Huledg liable for any damage.

Article 19 – Insurance

The Customer must adequately insure the following items and keep them insured against, among other things, fire, explosion and water damage, and theft:

delivered goods that are necessary for the execution of the underlying agreement
goods from Huledg that are present at the Customer
goods that have been delivered under retention of title

The Customer will provide the policy for these insurances for inspection upon Huledg's first request.

Article 20 – Custody

If the Customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality or depreciation is entirely for the Customer.
Any additional costs resulting from premature or late purchase of products will be entirely borne by the Customer.

Article 21 – Assembly and/or installation

Although Huledg makes every effort to carry out all assembly and/or installation work as best as possible, it bears no responsibility for this except in the case of intent or gross negligence.

Article 22 – Warranty

If the Customer and Huledg have entered into an agreement with a service provision, this only contains an obligation of efforts for Huledg and therefore no obligation of result.
The warranty on products only applies to defects caused by defective manufacturing or construction or defective materials.
The warranty does not apply:

in case of normal wear and tear
for damage caused by accidents
for damage caused by changes made to the product
for damage due to negligence or improper use by the Customer
when the cause of the defect cannot be clearly identified

The risk of loss, damage or theft of the products that Huledg supplies transfers to the Customer as soon as they are legally or actually delivered, or at least come into the control of the Customer or of a third party who receives the product for the Customer.

Article 23 – Execution of the agreement

Huledg will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
Huledg may have the agreed services carried out in whole or in part by others.
The execution of the agreement takes place in consultation and after written agreement and payment of any advance payment by the Customer.
The Customer must ensure that Huledg can start the execution of the agreement on time.
If the Customer does not ensure that Huledg can start on time, the resulting additional costs will be borne by the Customer.

Article 24 – Provision of information by the Customer

The Customer makes all information, data and documents relevant to the correct execution of the agreement available to Huledg in a timely manner and in the desired form and manner.
The Customer guarantees the accuracy and completeness of the information, data and documents made available, even if they originate from third parties, unless otherwise dictated by the nature of the agreement.
When and to the extent that the Customer requests this, Huledg will return the relevant documents.
SIf the Customer does not provide the information, data or documents reasonably required by Huledg, or does not do so on time or properly, and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the Customer.

Article 25 – Indemnity

The Customer indemnifies Huledg against all claims from others related to the products and/or services supplied by Huledg.

Article 26 – Complaints

The customer must examine a product or service provided by Huledg as quickly as possible for any shortcomings.
If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must inform Huledg thereof within 1 month after determining the shortcoming.
A consumer must inform Huledg of this within 2 months after discovering the shortcoming.
The Customer provides as detailed a description as possible of the shortcoming, so that Huledg can respond appropriately.
The Customer must demonstrate that the complaint relates to an agreement between the Customer and Huledg.
If a complaint concerns ongoing work, the Customer cannot demand that Huledg perform other work than agreed.

Article 27 – Notice of default

The customer must notify Huledg of any notice of default in writing.
The customer is responsible for ensuring that his notice of default actually reaches Huledg on time.

Article 28 – Customer Liability

When Huledg enters into an agreement with multiple Customers, each of them is jointly and severally liable for complying with the agreements in that agreement.

Article 29 – Liability Huledg

Huledg is only liable for damage suffered by the Customer if that damage is caused by intent or deliberate recklessness.
If Huledg is liable for damage, this only applies to direct damage related to the execution of an underlying agreement.
Huledg is not liable for indirect damage, such as consequential damage, lost profits or damage to third parties.
If Huledg is liable, this liability is limited to the amount paid out by a (professional) liability insurance policy. If no insurance has been taken out or no damage amount is paid out, liability is limited to (part of the) invoice amount to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are indicative only and cannot lead to any compensation, dissolution or suspension.

Article 30 – Expiration period

Any right of the Customer to compensation from Huledg expires 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Article 31 – Dissolution

The Customer may cancel the agreement if Huledg attributably fails to fulfill its obligations, unless this failure does not justify termination due to its special nature or minor significance.
If fulfillment of the obligations by Huledg is still possible, dissolution can only take place after Huledg is in default.
Huledg may cancel the agreement with the Customer if the Customer does not fully or timely fulfill its obligations under the agreement, or when Huledg has become aware of circumstances that give it good grounds to assume that the Customer will not fulfill its obligations.

Article 32 – Force majeure

In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of Huledg by the Customer cannot be attributed to Huledg in the event of force majeure.
The force majeure situation in paragraph 1 also includes:

a state of emergency such as a civil war or natural disaster
non-performance or force majeure of suppliers, deliverers or others
power, electricity, internet, computer or telecom disruptions
computer viruses
strikes
government measures
transportation problems
bad weather conditions
work stoppages

If a force majeure situation occurs as a result of which Huledg cannot fulfill 1 or more obligations to the Customer, those obligations will be suspended until Huledg can fulfill them.
From the moment that a force majeure situation has lasted at least 30 calendar days, both the Customer and Huledg may cancel the agreement in whole or in part in writing.
Huledg does not have to pay compensation to the Customer in a force majeure situation, even if Huledg benefits from this.

Article 33 – Changes to agreement

If it is necessary to change a concluded agreement for its implementation, the Customer and Huledg can adjust the agreement.

Article 34 – Changes to general terms and conditions

Huledg may change these general terms and conditions.
Huledg may always make changes of minor importance.
Huledg will discuss major changes with the Customer in advance as much as possible.
A consumer may terminate the underlying agreement in the event of a major change to the general terms and conditions.

Article 35 – Transfer of rights

The Customer cannot transfer any rights under an agreement with Huledg to others without written permission from Huledg.
This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 of the Dutch Civil Code.

Article 36 – Consequences of nullity or voidability

If 1 or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Huledg had in mind when drawing up the conditions.

Article 37 – Applicable law and competent court

Dutch law applies to these general terms and conditions and any underlying agreement between the Customer and Huledg.
The judge in the district of Huledg's registered office has exclusive jurisdiction to hear any disputes between the Customer and Huledg, unless the law provides otherwise.

Created on February 11, 2024