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Hajenius.com supplies exclusively to adults in the Netherlands. By agreeing to the terms of delivery, you confirm that you are over 18 years of age.

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Supplementary agreement: An agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
  • Cooling-off period: The period within which the consumer can exercise their right of withdrawal;
  • Consumer: The natural person who is not acting for purposes related to their trade, business, craft or profession;
  • Day: Calendar day;
  • Digital content: Data produced and delivered in digital form;
  • Durable data carrier: Any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose of the information, and which enables unchanged reproduction of the stored information;
  • Right of withdrawal: The consumer’s option to withdraw from the distance contract within the cooling-off period;
  • Entrepreneur: The natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
  • Distance contract: A contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the contract, exclusive or partial use is made of one or more means of distance communication;
  • Model withdrawal form: The European model withdrawal form included in Annex I of these terms and conditions;
  • Means of distance communication: Any means that can be used to conclude a contract without the consumer and entrepreneur being together in the same space at the same time.

Article 2 – Identity of the Entrepreneur

P.G.C. Hajenius B.V.
Rokin 92 – 96
1012KZ Amsterdam
Telephone: 020-6237494
Email: info@hajenius.com
Chamber of Commerce number: 33184094
VAT identification number: NL001110834B01

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur via its website [www.hajenius.com] and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer upon request as soon as possible.
If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.

Article 4 – The Offer

If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

Article 5 – The Agreement

Subject to the provisions of paragraph 3, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
The entrepreneur may, within legal limits, verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to conclude the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to its execution.
The entrepreneur is obliged and entitled, within legal limits, to verify that the consumer is 18 years of age or older. If the entrepreneur determines or suspects that the consumer does not meet this requirement, the entrepreneur reserves the right to immediately dissolve the agreement, refuse delivery, and take any further action necessary to comply with the entrepreneur’s legal obligations in this area.
At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will provide the following information, in writing or in such a way that the consumer can store it on a durable data carrier in an accessible manner:

  • The visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
  • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • Information about guarantees and existing after-sales service;
  • The price including all taxes of the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
  • If the consumer has a right of withdrawal, the model withdrawal form.

Article 6 – Right of Withdrawal

The consumer may dissolve an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige the consumer to state his reason(s).

The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:

  • If the consumer has ordered multiple products in one order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
  • If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part.
  • For agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

If a product is exchanged once within the 14-day period, it is not possible to exchange it again, unless the product is defective due to a manufacturing fault.

Article 7 – Obligations of the Consumer During the Cooling-Off Period

During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.

The consumer is only liable for any reduction in value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.

The consumer is not liable for any reduction in value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. The consumer has observed the return period in any case if he returns the product before the cooling-off period has expired.

The consumer shall return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

The consumer shall bear the direct costs of returning the product.

If the consumer exercises his right of withdrawal, all additional agreements shall be dissolved by operation of law.

Article 9 – Obligations of the Entrepreneur in Case of Withdrawal

If the entrepreneur enables the consumer to notify withdrawal electronically, he shall send an acknowledgment of receipt immediately after receiving this notification.

The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. The entrepreneur may wait to refund until he has received the product or until the consumer proves that he has returned the product, whichever occurs first.

The entrepreneur shall use the same payment method for reimbursement that the consumer used, unless the consumer agrees to another method. The reimbursement shall be free of charge for the consumer.

If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

Sealed products, such as tobacco products, which are not suitable for return for reasons of health protection or hygiene and whose seal (excise stamp) has been broken after delivery.

Article 11 – The Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

The prices mentioned in the offer of products or services include VAT.

Article 12 – Conformity

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement.

Article 13 – Retention of Title, Delivery and Performance

The place of delivery is the address that the consumer has made known to the entrepreneur.

Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with due speed but at least within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer shall be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.

After dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer without delay.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and known representative, unless expressly agreed otherwise.

Ownership of the delivered products passes to the consumer after the amount due has been paid.

Here’s the English translation for the additional articles you provided:

Article 14 – Payment

Unless otherwise stipulated in the agreement or additional conditions, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or if there is no cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period begins on the day after the consumer has received confirmation of the agreement.

When a maximum advance payment of 50% has been agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.

The consumer has the obligation to promptly report inaccuracies in provided or stated payment details to the entrepreneur.

If the consumer does not fulfill his payment obligations on time, he will, after being reminded by the entrepreneur of the late payment and after being granted a period of 14 days to still fulfill his payment obligations, owe statutory interest on the outstanding amount after the expiry of this 14-day period. The entrepreneur is also entitled to charge extrajudicial collection costs. These collection costs amount to a maximum of:

  • 15% on outstanding amounts up to €2,500;
  • 10% on the next €2,500; and
  • 5% on the next €5,000,
    with a minimum of €40.

Article 15 – Complaints Procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved within a reasonable period or within 3 months after submission through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

Article 16 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 17 – Additional or Deviating Provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

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