Terms & Conditions
General terms and conditions of sale and delivery Hatland Headwear B.V.
These terms and conditions are filed at the office of the Chamber of Commerce in Zwolle.
Chamber of Commerce Zwolle no. 05051027, VAT no. NL814507451B01.
1. Applicability of these terms and conditions
1.1 The terms and conditions apply to any offer and agreement between Hatland and Buyer, to the extent that these terms and conditions have not been expressly deviated from by the parties in writing.
2. Quotes and orders
2.1 Offers by Hatland are without obligation and expire no later than 30 days after the date of the offer.
2.2 Orders placed with Hatland, if not cancelled or submitted for modification within 8 days after the order date, are irrevocable in nature.
2.3 Delivery times and other terms mentioned in offers and orders with respect to performance to be provided by Hatland are global; failure to meet them shall not entitle the prospective purchaser to damages or rescission of the contract or cancellation of the order.
2.4 If Hatland agrees with the Purchaser on a certain price, Hatland is nevertheless entitled to increase the price if it can demonstrate that between the time of offer and delivery significant price changes have occurred with respect to raw materials, currency and / or wages imposed by law, by changes in the collective bargaining agreement or by other unforeseen circumstances.
2.5 Also for repeat orders, the quantity prices only apply to the corresponding (quantity) purchases.
3. Samples
3.1 Delivered samples remain the property of Hatland, may not be copied, reproduced, made available to third parties or used in any other way and must ultimately be returned to Hatland.
4. Prices
4.1 Quotation and order prices are, unless expressly stated otherwise in writing, exclusive of VAT and transport/porting costs and based on minimum quantities used by Hatland.
5. Delivery
5.1 Delivery is ex works Hattemerbroek. Within the Netherlands, orders with a minimum net order amount of €300 (one delivery address) will be delivered carriage paid.
5.2 Buyer is obliged to take purchased items upon delivery or provision.
5.3 Deviations in quantity and/or quality must be accepted by the buyer up to a percentage of 5%.
5.4 In case of non-acceptance or in case buyer is negligent in providing information or instructions necessary for delivery, the goods will be stored at buyer's expense and risk.
5.5 Hatland is permitted, unless expressly agreed otherwise and in writing, to deliver sold goods in partial lots. If the goods are delivered in partial batches, Hatland is entitled to invoice each partial batch separately.
5.6 Deficiencies or defects regarding the goods delivered must be reported to Hatland within 8 days of receipt by the purchaser, failing which the purchaser shall be deemed to have unconditionally accepted the goods.
6. Delivery time
6.1 Hatland delivery times are always approximate and are, unless stated otherwise in writing, never dead-lines. Delivery will not start until all required information and materials are in the possession of Hatland.
6.2 In case of late delivery, the buyer will be informed, and Hatland shall have the opportunity to meet its obligations within a reasonable time. A period of 18 working days is, by both parties, deemed to be reasonable.
7. Payment
7.1 Payment must be made within 30 days of the invoice date.
7.2 In case of payment within 10 days of the invoice-date, the buyer is entitled to apply a discount rate of 2% unless stated otherwise in the order form, or by invoice.
7.3 In case of liquidation, bankruptcy, or suspension of payment of buyer the demands of Hatland shall be subjected to claim immediately.
7.4 Following the ten days after the date of the invoice, an interest-rate of 6% per month will be charged to the buyer.
7.5 If the buyer is in default or fails to fulfill any of its obligations, then all judicial and extra-judicial costs in obtaining payment will be for the account of the buyer.
8. Retention
8.1 All goods delivered by Hatland remain property of Hatland until the buyer’s obligations arising from the agreement with Hatland are the properly fulfilled.
8.2 Hatland-delivered goods, falling under retention, may never be resold or used as means of payment.
8.3 Buyer must do all what may reasonably be expected from him to secure the property of Hatland (including the Insurance of the goods against fire- explosion- and water damage and theft, whereby in case of payment by the Insurance Hatland is entitled to these amounts up to the maximum of the value of the goods delivered under title of retention).
8.4 If third parties seize goods being under retention of Hatland or wish to establish rights to these, buyer shall inform Hatland immediately.
8.5 In case Hatland wants to exercise its property rights and the buyer gives Hatland (or third parties designated by Hatland) in advance unconditional and irrevocable permission to enter premises containing the property of Hatland, Hatland may take back the goods.
9. Liability
9.1 Hatland is not liable for any costs, damages and interest arising (directly or indirectly) as a result from;
a. force majeure, as further described in these conditions;
b. acts or omissions from buyer, its employees or other persons by or on behalf of him employed
c. omissions from buyer regarding maintenance of the goods
d. normal wear to the goods as a result of daily use.
e. discoloration of the goods as a result of light
f. any other external cause
9.2 Hatland is only liable to the extent of the cover of the Insurance or to a maximum of the invoiced value for damage to the goods, provided that this damage is caused by fault of Hatland or those its agents or employees.
9.3 Hatland shall not be bound to compensate consequential damages of the buyer.
10. Other
10.1 Exceptional circumstances, which entail a change in the actual circumstances, constitute force majeure for Hatland, which relieves Hatland of its obligation to deliver without the Buyer being entitled to claim compensation of any kind.
10.2 Hatland is entitled in such cases, at its sole discretion, to cancel, suspend or modify the purchase agreement until the extraordinary circumstances have ceased to exist, whereby the Buyer is obliged to pay for any performance(s) delivered.
11. Online sales
11.1 The Reseller shall only be entitled to sell Hatland Headwear B.V. products online through its own individually managed web shop platform (such as a self-managed website with its own domain name). The webshop must be directly related to the business activities of the reseller and may not be a third party acting as a (re)sales platform.
11.2 The reseller is expressly prohibited from offering or selling Hatland Headwear B.V. products through external (digital) marketplaces, including, but not limited to:
- Bol.com
- Amazon
- Zalando
- eBay
- Etsy
- Marktplaats.nl
- Omoda
- Inno
- Otto
- Kaufland
- Galeria
- Decathlon
This prohibition applies whether the sale is made under the reseller's own business name or under a pseudonym.
11.3 This provision is included to protect the brand, brand reputation and positioning of Hatland Headwear B.V. in the higher end of the market. Control of presentation, pricing policy, brand consistency and customer experience is essential for maintaining brand value and image.
11.4 Hatland Headwear B.V. reserves the right to conduct checks on the online sales activities of its resellers. The reseller is obliged to fully cooperate with this, including providing requested information on sales channels and systems used.
11.5 Upon violation of the provisions of this article, Hatland Headwear B.V. is entitled to:
- To terminate the cooperation with immediate effect;
- To cancel current orders or suspend deliveries;
- To impose an immediately payable fine of €1,000 excluding VAT per violation, increased by €500 excluding VAT for each day that the violation continues;
- To claim compensation for any (brand) damage suffered;
12. Disputes
12.1 All disputes between Hatland and purchaser shall be settled by the competent Dutch court, district of Zwolle, without prejudice to Hatland's right to apply to another competent court.