For all orders placed on franc-hanz.com the following General Terms and Conditions apply:
Article 1 Application
These General Terms apply to all offers made by Franc & Hanz, referred to below as “Franc & Hanz” and all agreements with Franc & Hanz as far as parties have not explicitly agreed in written statement that these General Terms do not apply.
Customers who wish to use their own terms and conditions must have Franc & Hanz’s explicit agreement in writing.
Deviations of the General Terms are only applicable if these have been agreed upon in a written statement in which case all other articles of these General Terms remain applicable without change.
When accepting an offer or placing an order the Customer accepts the applicability of these General Terms.
A Customer is defined as each visitor to the website or any person or legal entity having a contractual relation or intending to having a contractual relation with Franc & Hanz.
Franc & Hanz is entitled to update or append to these General Terms over time.
By using Franc & Hanz’s internet site and/or placing an order the Customer accepts these General Terms as well as all other legal rights and obligations as printed on the internet site.
Franc & Hanz is authorized to make use of intermediaries and other third parties while executing the agreement with a Customer. In such cases these General Terms are applicable as well without change.
Article 2 Offers/agreements
All offers made by Franc & Hanz are without obligation and as far as items are in stock.
Franc & Hanz explicitly has the right to update prices, in particular when this is required by law/legal.
An agreement is reached when an order confirmation has been sent to the Customer based on the Customers’ order information via email to the email address as supplied by the Customer. The Customer and Franc & Hanz agree explicitly that using electronic means of communication results in a valid agreement as soon as the order confirmation has been sent to the Customer. Franc & Hanz’s electronic archives are considered legally acceptable valid evidence or indication of evidence.
Information, graphics, images, oral announcements, given by telephone or via email as well as statements et cetera with regards to all offers and the most important characteristics of products are displayed or made in the most accurate manner. However, Franc & Hanz does not guarantee that all offers and products comply to the given information et cetera completely. Deviations in principle cannot lead to compensation and/or cancellation.
Article 3 Prices and payments
All prices quoted by Franc & Hanz are in EUR, including VAT and excluding shipment costs and administration fees, unless explicitly stated otherwise or agreed upon in a written statement.
Shipment costs and administration fees are listed on the internet site. These costs and fees are dependent on the value of the order measure of payment and the requested shipping method.
Franc & Hanz offers the Customer the opportunity to insure goods to be shipped. The insurance costs are charged to the Customer and are listed on the internet site.
Special offers are only valid during the period quoted on the internet site with respect to that specific offer.
Franc & Hanz cannot be held responsible for offers which contain what a reasonable person would consider obvious mistakes or typographical errors.
Special Offers do not automatically apply to repeat orders.
The amount due on orders may be paid in one of the following ways:
· the Customer pays the amount due including shipment costs, administration fees and insurance costs in advance to IBAN bank account NL64 RABO 0320717569 in the name of Franc & Hanz in Epe, The Netherlands. The BIC code of the bank is RABONL2U.
· the Customer pays the amount due including shipment costs, administration fees and insurance costs in advance to the Paypal account of Franc & Hanz.
· the Customer pays the amount due including shipment costs, administration fees and insurance costs in advance by credit card.
Agreements for which any due payment has not been received by Franc & Hanz after four weeks of the initial order date, will automatically be cancelled.
Article 4 Delivery
Orders are usually shipped within three weeks upon receiving the complete payment. The aforementioned shipping period is strictly indicative and is not guaranteed. If this shipping period is exceeded, the Customer is not entitled to any claim for compensation nor does the Customer have the right to cancel the agreement in such case, unless the delay is of such duration that the Customer could reasonably not be expected to keep the agreement. In such cases the Customer is entitled to cancel the order or dissolve the agreement as far as this is necessary. Amounts that have been prepaid to Franc & Hanz with regards to the cancelled order will be returned.
Delays will be reported to the Customer via email or phone.
The order is shipped to the shipping address as supplied by the Customer when the agreement is completed.
The customer has the right to terminate the contract without charge if the delivery exceeds the expected delivery time with 30 days.
Article 5 Ownership
The ownership of products is passed to the Customer when they have fulfilled their obligations with regard to the agreement. The risk with regard to the products is passed to the Customer at the moment Franc & Hanz places the products at the disposal of the delivering party. Franc & Hanz offers the facility to ship the goods insured. The insurance costs are listed on the internet site and will be charged to the Customer. Any return shipments to Franc & Hanz is at the risk and costs of the Customer and must be accompanied by a written statement explaining the reasons of the return.
Article 6 Return of products
The Customer is obliged to thoroughly check upon delivery whether the products meet the agreement. The Customer must take into account small size and colour differences of the products compared to those displayed on the internet site. If a product does not satisfy the agreement, the Customer must inform Franc & Hanz in writing as soon as possible, but in any case within fourteen (14) working days after delivery, or as soon as checking could reasonably be performed.
If it is evident products do not meet the agreement, Franc & Hanz has the option to replace the specific products upon their receipt by new products or return the invoiced value of the returned products.
In this case return shipments are only accepted if the products are not damaged or used.
If the Customer uses his/her right to return articles as mentioned in the above paragraph, Franc & Hanz will repay the amount the Customer paid to Franc & Hanz within fourteen (14) days after receiving the return shipment.
The Customer is responsible for the costs of the shipment and holds the risk of returning products until Franc & Hanz has received them.
Article 7 Guarantee and liability
Franc & Hanz offers a three month guarantee on all purchased articles. This guarantee does not apply if damage is due to normal wear and tear as well as in any of the following cases: inexpert use, malice or gross inattention, water damage, freezing and spoiling.
Franc & Hanz can never be obliged to pay any compensation to the Customer or third party, unless it is a question of malice or major fault on Franc & Hanz’s part. Franc & Hanz may never be held responsible for collateral damage, damage to business, indirect damage and loss of profit or turnover.
If Franc & Hanz is obliged for any reason to make good any damage the compensation is never more than the amount on the invoice for the product or service that caused the damage.
On its internet site Franc & Hanz offers links to other internet sites that may be interesting or informative for its visitors. These links are purely informative. Franc & Hanz is not responsible for the contents of the referenced internet site or the use of it.
Article 8 Force majeure
In case of force majeure Franc & Hanz is not obliged to honour its obligations to the Customer or the obligation is held up for as long as the force majeure lasts.
Force majeure is any circumstance Franc & Hanz has no control over, preventing Franc & Hanz from honouring its obligations towards the Customer fully or partially. These circumstances include strike, fire, business disturbance, energy supply faults, non-delivery or not-in-time delivery by suppliers or other called in third parties and the absence of any government issued license. Disturbances in a (telecommunication) network or used communication systems as well as the unavailability of the internet site at any time are also understood by Force majeure.
Article 9 Intellectual property
The Customer recognizes explicitly that all right of intellectual property of the reported information, graphics, announcements or other expressions regarding the products, the inspiration and the internet site in general are vested in Franc & Hanz, its suppliers or other rightful claimants.
Intellectual property includes patents, copyright, trademarks, graphical and modeling rights and other (intellectual property) rights, including technical and/or commercial know how, methods and design, both charterable and not charterable.
It is prohibited to use, including making adaptations, intellectual property rights as described in this article, such as duplication, without the explicit preceding written permission of Franc & Hanz, her suppliers or other rightful claimants, unless the use is purely personal in relation to the product itself.
Article 10 Privacy
10.1 All data provided by the Customer, is strictly confidential and will be used for the following purposes:
· processing the order, the payment of the order and delivery to the provided delivery address
· advancing the user friendliness of the internet site
· facilitating personal offers and providing relevant information or newsletters
Franc & Hanz observes the applicable privacy rules and laws.
Franc & Hanz does not provide customer data to third parties.
Article 11 Applicable law and competent court
Dutch law is exclusively applicable to all rights, obligations, offers, orders and agreements to which these General Terms and Conditions apply as well as these General Terms and Conditions.
The applicability of The United Nations Convention on Contracts for the International Sale of Goods (CISG) is explicitly disqualified.
All disputes between parties will be exclusively propounded to the competent court in the Netherlands.
Article 12 Various
Franc & Hanz has its seat at Postbus 204, 8160 AE, Epe, The Netherlands and is registered at the Chamber of Commerce Apeldoorn, registration number 69052975. The VAT-identification number is NL100422603B02.
All correspondence should be addressed to Franc & Hanz, Postbus 204, 8160 AE Epe, The Netherlands or to the email address on the internet site.
When Franc & Hanz has permitted departures for a short or longer period of time, tacitly or not, it does not affect its right to require direct and strict fulfilment of these General Terms and Conditions. The Customer does not have any claim based on the fact Franc & Hanz has flexibly applied these General Terms and Conditions.
These General Terms and Conditions are subject to Copyright law. These General Terms and Conditions may not be used or copied completely nor partly without the written consent of Franc & Hanz and its translator.