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The general terms and conditions at Hop.com

Table of Contents:

  • Article 1 - Definitions.
  • Article 2 - Identity of Hop.nl
  • Article 3 - Applicability
  • Article 4 - The offer
  • Article 5 - The agreement
  • Article 6 - Right of withdrawal
  • Article 7 - Costs in case of withdrawal
  • Article 8 - Exclusion of the right of withdrawal
  • Article 9 - The price
  • Article 10 - Compliance and warranty
  • Article 11 - Delivery and execution
  • Article 12 - Duration transactions: duration, termination and extension
  • Article 13 - Payment
  • Article 14 - Complaints procedure
  • Article 15 - Disputes
  • Article 16 - Additional or different provisions

Article 1 - Definitions

In these terms and conditions the following definitions apply:

  1. Grace period: the period within which the consumer can exercise his right of withdrawal;
  2. Consumer: the natural person not acting in the exercise of profession or business and enters into a distance contract with Hop.nl;
  3. Day: calendar day;
  4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  5. Durable data carrier: any means that enables the consumer or Hop.nl to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
  7. Model form: the model form for withdrawal made available by Hop.nl which a consumer can fill in when he wishes to exercise his right of withdrawal.
  8. Hop.nl: the natural or legal person offering products and/or services to consumers at a distance;
  9. Distance agreement: an agreement whereby, within the framework of a system organized by Hop.nl for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
  10. Technique for distance communication: means that can be used for concluding an agreement, without the Consumer and Hop.nl having come together in the same room at the same time.
  11. General Terms and Conditions: the present General Terms and Conditions of Hop.nl.

Article 2 - Identity of Hop.nl

If the activity of the Hop.nl is subject to a relevant licensing regime: the

details of the supervisory authority:

If the Hop.nl practices a regulated profession:

  • the professional association or organization to which it belongs;
  • the professional title, the place in the EU or the European Economic Area where it is granted;
  • a reference to the professional rules applicable in the Netherlands and indications where and how these professional rules can be accessed.

Article 3 - Applicability

  1. These general conditions shall apply to every offer of Hop.nl and to every distance agreement and order concluded between Hop.nl and Consumer.
  2. Before the distance agreement is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, before the distance agreement is concluded, it shall be indicated that the general terms and conditions can be inspected at Hop.nl and, at the consumer's request, they shall be sent free of charge as soon as possible.
  3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
  4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.
  5. If one or more provisions in these general conditions at any time wholly or partially void or destroyed, then the agreement and these conditions for the rest remain in force and the provision concerned will be replaced by mutual agreement immediately by a provision that the scope of the original as closely as possible.
  6. Situations not provided for in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
  7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer is without engagement. De Hop.nl is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If Hop.nl uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind de Hop.nl.
  4. All images, specifications and data in the offer are indicative and can not lead to compensation or dissolution of the agreement.
  5. Images of products are a true representation of the products offered. Hop.nl cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular
    in particular:
  • the price including taxes;
  • the possible costs of shipment;
  • the way in which the agreement will be concluded and which actions are necessary for this;
  • whether or not the right of withdrawal is applicable;
  • the method of payment, delivery and performance of the agreement;
  • the period for acceptance of the offer, or the period within which Hop.nl guarantees the price;
  • the level of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
  • whether the agreement is archived after its conclusion, and if so in what way it can be consulted by the consumer;
  • the way in which the consumer, before the conclusion of the agreement, can check the data provided by him in the context of the agreement and, if desired, restore them;
  • any languages other than Dutch in which the agreement can be concluded;
  • the codes of conduct to which Hop.nl is subject and the manner in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in the case of a duration transaction.
  • Optional: available sizes, colors, type of materials.

Article 5 - The agreement

  1. The agreement comes into effect, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions thereby set.
  2. If the consumer has accepted the offer electronically, Hop.nl shall confirm receipt of acceptance of the offer electronically without delay. As long as the receipt of this acceptance has not been confirmed by the Hop.nl, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, de Hop.nl shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the Consumer can pay electronically, the Hop.nl shall observe appropriate security measures for this purpose.
  4. Hop.nl can - within legal frameworks - inform itself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, Hop.nl has good grounds not to enter into the agreement, it shall be entitled to refuse an order or application or to attach special conditions to the execution, giving reasons.
  5. With the product or service, Hop.nl shall send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
  6. the visiting address of the Hop.nl branch where the consumer can lodge complaints;
  7. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
  8. the information on guarantees and existing after-sales service;
  9. the data included in article 4 paragraph 3 of these conditions, unless Hop.nl has already provided the consumer with these data before the execution of the agreement;
  10. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  11. In case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
  12. Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

Upon delivery of products:

  1. When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to Hop.nl.
  2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product to Hop.nl with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by Hop.nl.
  3. When the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to de Hop.nl within 14 days of receipt of the product. The consumer must make this known using the model form. After the consumer has expressed his wish to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.
  4. If the customer has not made known at the end of the periods mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal or has not returned the product to Hop.nl, the purchase is a fact.

In case of delivery of services:

  1. In the case of delivery of services, the consumer has the option of dissolving the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
  2. To exercise his right of withdrawal, the consumer shall comply with the reasonable and clear instructions provided by Hop.nl in the offer and/or at the latest at the time of delivery.

Article 7 - Costs in case of withdrawal

  1. If the consumer uses his right of withdrawal, at most the cost of return shipment shall be borne by him.
  2. If the consumer has paid an amount, Hop.nl will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. This is subject to the condition that the product has already been received back by the merchant or conclusive evidence of complete return can be provided. Reimbursement will be made through the same payment method used by the consumer unless the consumer explicitly authorizes a different payment method.
  3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in value of the product.
  4. The consumer can not be held liable for depreciation of the product when Hop.nl has not provided all legally required information about the right of withdrawal, this should be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of right of withdrawal

  1. Hop.nl may exclude the consumer's right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if Hop.nl has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
  3. that have been produced by Hop.nl in accordance with specifications of the consumer;
  4. which are clearly personal in nature;
  5. that by their nature can not be returned;
  6. which spoil or age quickly;
  7. the price of which is subject to fluctuations on the financial market over which Hop.nl has no influence;
  8. for individual newspapers and magazines;
  9. for audio and video recordings and computer software of which the consumer has broken the seal.
  10. for hygiene products of which the consumer has broken the seal.
  11. Exclusion of the right of withdrawal is only possible for services
  12. concerning accommodation, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
  13. Of which the delivery has started with the express consent of the consumer before the withdrawal period has expired;
  14. Regarding betting and lotteries.

Article 9 - The price

  1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, Hop.nl may offer products or services whose prices are subject to fluctuations in the financial market and over which Hop.nl has no influence, with variable prices. This linkage to fluctuations and the fact that any prices quoted are target prices shall be stated with the offer.
  3. Price increases within 3 months of the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only allowed if Hop.nl has stipulated them and:
  5. they are the result of statutory regulations or provisions; or
  6. the consumer is authorized to terminate the agreement from the day on which the price increase takes effect.
  7. The prices mentioned in the offer of products or services include VAT.
  8. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, Hop.nl is not obliged to supply the product according to the incorrect price.

Article 10 - Conformity and warranty

  1. De Hop.nl guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, the reasonable requirements of reliability and/or usability and the existing statutory provisions and/or government regulations on the date of conclusion of the agreement. If agreed, de Hop.nl also guarantees that the product is suitable for other than normal use.
  2. A warranty provided by de Hop.nl, manufacturer or importer does not detract from the legal rights and claims that the consumer under the agreement can assert against de Hop.nl.
  3. Any defects or faulty products delivered must be reported to de Hop.nl in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
  4. The warranty period of the Hop.nl corresponds to the factory warranty period. However, Hop.nl is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The guarantee does not apply if:
  • The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or otherwise carelessly treated or contrary to the instructions of Hop.nl and/or on the packaging;
  • The defectiveness is wholly or partly the result of regulations which the government has made or will make regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

  1. De Hop.nl shall take the greatest possible care in receiving and executing orders of products and in assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives notice of this no later than 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost. The consumer is not entitled to compensation.
  4. All delivery terms are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a term gives the consumer no right to compensation.
  5. In case of dissolution in accordance with paragraph 3 of this article, Hop.nl will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
  6. If delivery of an ordered product turns out to be impossible, de Hop.nl will make an effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by Hop.nl.
  7. The risk of damage and/or loss of products rests with de Hop.nl until the time of delivery to the consumer or a representative designated in advance and made known to de Hop.nl, unless otherwise expressly agreed.

Article 12 - Duration transactions: duration, termination and extension

Termination

  1. The consumer may at any time terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period not exceeding one month.
  2. The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products (including electricity) or services at any time at the end of the fixed term in compliance with the applicable termination rules and a period of notice that does not exceed one month.
  3. The consumer may terminate the agreements mentioned in the previous paragraphs:
  • terminate at any time and not be limited to termination at a specific time or period;
  • at least terminate them in the same way as they were entered into by him;
  • always terminate with the same notice period as the Hop.nl has stipulated for itself.

Renewal

  1. An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
  2. Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.
  3. A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly extended for an indefinite period of time only if the consumer may terminate it at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  4. A contract with a limited duration for the regular supply of trial days, newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

  1. If a contract lasts more than one year, after one year the consumer may at any time terminate the contract with a notice of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
  2. The consumer has the duty to report inaccuracies in payment data provided or mentioned immediately to Hop.nl.
  3. In the event of non-payment by the consumer, the Hop.nl is entitled, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer.

Article 14 - Complaints procedure

We advise you to first report complaints to us by emailing vragen@hop.nl. If this does not lead to a solution, it is possible to submit your dispute for mediation via WebwinkelKeur via https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil.

  1. Hop.nl has a sufficiently publicized complaints procedure and will handle the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the agreement must be submitted within 7 days fully and clearly described to the Hop.nl, after the consumer has identified the defects.
  3. Complaints submitted to the Hop.nl shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the Hop.nl will reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed reply.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute settlement procedure.
  5. For complaints, a consumer should first turn to the Hop.nl. If the online store is affiliated with WebwinkelKeur and complaints that cannot be resolved by mutual agreement, the consumer should turn to WebwinkelKeur(webwinkelkeur.nl), which will mediate free of charge. Check whether this store has a current membership through https://www.webwinkelkeur.nl/leden/. If there is still no solution, the consumer has the possibility to have his complaint handled by the independent arbitration board appointed by WebwinkelKeur, the ruling is binding and both Hop.nl and consumer agree to this binding decision. There are costs associated with submitting a dispute to this dispute committee, which have to be paid by the consumer to the committee.
  6. A complaint does not suspend the obligations of Hop.nl, unless Hop.nl indicates otherwise in writing.
  7. If a complaint is upheld by de Hop.nl, de Hop.nl shall, at its option, either replace or repair the delivered products free of charge.

Article 15 - Disputes

  1. Agreements between de Hop.nl and the consumer governed by these general terms and conditions shall be governed exclusively by Dutch law. Even if the consumer resides abroad.
  2. The Vienna Sales Convention is not applicable.

Article 16 - Additional or different provisions

Additional or different provisions of these general conditions may not be to the detriment of the consumer and shall be in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium.

 

Model withdrawal form

(Complete and return this form only if you wish to revoke the agreement)

 

  • To
    en
    Rooseindsestraat 31
    5705 BP Helmond
    vragen@hop.nl
    085 - 0185 155
  •  

- I/We (*) hereby notify(*) you that I/We (*) revoke(*) our contract regarding the sale of the following goods/delivery of the following service(*):

 

 

 

 

 

 

 

 

 

- Ordered on (DD-MM-YYYY) :- Order number :

 

    
 
 
 
 

 

 

 

 

- Received on (DD-MM-YYYY):

 

 

 

 

 

 

- Name(s) of consumer(s)

 

 

 

 

 

 

- Consumer address(es) :

 

 

 

 

 

 

 

 

- IBAN Account Number:

 

 

 

 

 

 

- Signature of consumer(s) (only if this form is submitted on paper)

 

 

 

 

 

 

 

 

- Date(DD-MM-YYYY):

 

 

 

 

 

 

(*) Delete what does not apply.