Terms & Conditions
1. Identity and contact information of the company
Name: Terrahi, Ikhlasse
Commercial name: HUDUUR
Legal form: sole proprietorship
Business address: Van Steenlandstraat 40, 2100 Deurne Antwerpen.
Company number: 1014457078
VAT number: BE 1014457078
Email: HuDuur@outlook.be
Tel: 0483 64 43 53
2. Validity, notice and acceptance
2.1 These general terms and conditions apply to all products, orders, offers and agreements between Ms. Ikhlasse Terrahi, acting in the form of a one-man business under Belgian law with commercial name "HUDUUR" and with company number 1014457078 and business address at Van Steenlandstraat 40, 2100 Deurne Antwerpen (hereinafter "We", "We", "Us", "Our"), and the client (hereinafter "You", "Your", "Your", "The Client"), to the exclusion of any general or special terms and conditions of the client.
2.2 By placing an order, you expressly declare that you are aware of and accept these terms and conditions. We strive to give you sufficient opportunity to consult the terms and conditions and thus accept them. You can view these terms and conditions freely on the website or request a copy by sending an e-mail to huduur@outlook.be. We will also refer explicitly to the terms and conditions whenever possible when confirming orders and payments as well as when using the website, whether or not via a clickable link and/or with a mandatory click action.
2.3 Any nullity or invalidity of one of these terms and conditions shall not entail the nullity of the other provisions or of the agreement. The invalid or void provision should then be read as a valid provision where the result is as close as possible to the intended result of the invalid or void provision.
2.4 If a separate written agreement is concluded between us and the customer, the provisions of the separate agreement shall take precedence over these general terms and conditions, insofar as we have agreed to them in writing. These General Terms and Conditions shall then serve as supplementary law, insofar as applicable.
3. Offer and formation of the agreement
3.1 The offer is valid while supplies last and may be modified or withdrawn by us at any time. If a product or promotion has a limited period of validity or is subject to specific conditions, this will be explicitly stated with the offer.
3.2 We are not responsible for incorrect representations of offers or prices due to incomplete information, printing errors, different color reproduction or information that is out of date. Despite the fact that the online catalog on the website is compiled with the greatest possible care, it is still possible that the information offered is incomplete, contains material errors, or is not up-to-date. We are not bound by obvious mistakes or errors in the offer. Under no circumstances are we liable for manifest material errors, typesetting or printing errors. Images may contain elements not included in the price and colors may differ from reality because they depend on user screen settings, among other things.
3.3 When you place an order through our webshop, you will be redirected to our payment environment. The contract is concluded after we have received confirmation of your payment and we send you an order acceptance. Accepted orders will be confirmed to you by us by means of an order and payment confirmation e-mail.
3.4 We reserve the right to accept or refuse orders at our discretion. Orders coming from a customer with whom there is a dispute or from a profile that appears to be fraudulent or which shows a serious deficiency on the part of the customer may be cancelled or refused by us at any time.
4. Delivery of orders
4.1 Orders will be delivered to your home. We always take the greatest possible care in the execution and delivery of orders. We always cooperate with recognized courier services for delivery.
4.2 The place of delivery is the address you provided when placing the order. Incorrectly communicated delivery addresses are your own responsibility and may result in additional charges. Please check this carefully!
4.3 To the extent possible, delivery of the products will be made within the time specified in the individual order confirmation. We always try to deliver the products as soon as possible, in any case no later than 30 (thirty) days after placing your order.
4.4 If you have not received the products within 30 (thirty) days of placing the order, you must notify us in writing. You can do this by email to huduur@outlook.com or by registered letter. We will then agree on an additional delivery period that is reasonable given the circumstances. If we still have not been able to deliver the products within this additional period, you have the right to cancel the order. We will then refund all costs already paid, including any standard shipping costs paid.
4.5 We reserve the right to make partial deliveries.
4.6 We reserve the right to charge shipping costs. If these fees are charged, they will always be clearly displayed before you place an order.
4.7 The risk of the product passes when you, or a third party designated by you, who is not the carrier (e.g. a neighbor), takes physical possession of the products.
5. Legal right of withdrawal (returning orders)
5.1 When purchasing goods through our webshop, a customer who is a consumer within the meaning of Article I.1,2° of the Code of Economic Law, has the option of dissolving the contract without giving reasons for a period of 14 (fourteen) days. This period starts the day after receipt of the product by or on behalf of the customer.
5.2 In any case, you must notify us of the decision to revoke (return) before the revocation period has expired by means of an unequivocal statement. The customer can do this by mail to huduur@outlook.be.
5.3 You must return the products within a period of 14 (fourteen) days after purchase. The products must be returned undamaged, in their original condition and, if possible, in their original packaging. The costs of return shipment are for your account and must be paid by you.
5.4 We reserve the right to first inspect the returned products and charge you for any diminished value resulting from your handling of the products beyond what was necessary to establish the nature, characteristics and functioning of the products (e.g., cracks, stains, damages, etc.).
5.5 Upon revocation and return of the purchased products, we will refund all payments received up to that point to you within a maximum of 14 (fourteen) days after we have received all products, or until you have proven that they have been returned (e.g. via a track-and-trace code), whichever comes first. The refund will be made using the same means of payment chosen by you when paying for the original order.
5.6 Exception: In accordance with Article VI.53 WER, the right of withdrawal does not apply to:
6. Conformity and legal warranty
6.1 We guarantee that our products comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
6.2 You are entitled to a warranty of 2 (two) years from delivery of the products. If you discover a defect, you must notify us within 2 (two) months from the day you discovered the defect. You are then entitled to have the ordered product repaired or replaced free of charge. If free repair or replacement is impossible or would involve disproportionate costs, you are entitled to a refund of the amount paid.
7. Prices, payment and billing terms
7.1 All prices we communicate to you, whether orally or via our website, social media, email or any other channel, are in Euros and include VAT. Temporary offers, shipping costs, import duties, taxes, excise duties and any other additional costs or offers made under specific conditions are not included in the price and are shown separately.
7.2 Orders, unless otherwise agreed, must be paid immediately via the website when the order is placed. Payment options are displayed on our website and when placing an order.
7.3 If an invoice-based order is used, invoices are always payable within 30 (thirty) days from the day after they are sent by e-mail or three days after they are sent by mail. We also reserve the right to request advance payments.
7.4 Recovery from companies: In the event of non-payment of an invoice on the due date by a customer who is a company, the amounts due will be increased by right and without notice by interest. This is interest at the reference interest rate plus eight percentage points and rounded up to the higher half percentage point. In addition, the amounts due but not paid on the due date shall be increased, ipso jure and without notice of default, by a lump-sum indemnity of at least 40 euros, as compensation for collection costs. This is without prejudice to our right to seek higher compensation for any other costs associated with non-payment.
7.5 Collection from consumers: After exceeding the payment term, you as a customer-consumer will receive a free payment reminder and a period of 14 (fourteen) calendar days to pay the amount due. No costs will be charged for this first payment reminder. If the term specified in the payment reminder is exceeded, the following collection costs will become due:
- Interes on arrears: This is interest at the reference interest rate plus eight percentage points and rounded to the higher half percentage point.
- One-time liquidated damages clause:
- €20.00 for claims less than or equal to €150.00
- €30.00 + 10% on the outstanding amount in the tranche between €150.01 and €500.00
- €65.00 + 5% on the outstanding amount in the bracket between €500.01 with a maximum of €2,000.00.
7.6 In case of non-payment of an invoice on the due date, all outstanding invoices shall become immediately and fully due and payable and we reserve the right, without any notice of default or judicial intervention, to suspend our further contractual obligations until full payment has been received or to consider the agreement as dissolved, without prejudice to our claim for compensation.
7.7 Do you disagree with an invoice? Then you must protest it within 8 (eight) calendar days of receiving it, on pain of cancellation. You can do this by sending an e-mail to huduur@outlook.be. In that e-mail you must clearly indicate that it concerns a dispute about an invoice, as well as the reason for the dispute and the details of the
invoice in question.
8. Retention of title
8.1 We retain ownership of delivered products until the customer has paid the agreed purchase price in full. If the customer appears insolvent, in default or fails to fulfill its obligations for any reason, we reserve the right to suspend the foreseen delivery or to revindicate the products, whether or not by collecting them ourselves or through an appointed carrier and to terminate the contract with the customer.
8.2 The products delivered by us, which according to article 8.1 are subject to retention of title, may not be resold and may never be used as a means of payment. The customer is not authorized to pledge or otherwise encumber the products falling under the retention of title. The customer bears a duty of care with respect to the products subject to retention of title.
9. Force majeure and dissolution
9.1 We may rescind the contract if we are unable to perform our obligations due to temporary or permanent force majeure or any other cause beyond our control. Force majeure means all circumstances beyond our reasonable control such as and not limited to: pandemic, strikes, traffic restrictions, exceptional weather conditions, fire, delayed or faulty delivery by third parties, etc. In such cases, you will be entitled to a refund of amounts already paid to us, without additional compensation for products ordered but not yet delivered.
9.2 We may suspend the continuation of a contract or terminate it out of court, without being liable for damages, if you do not respect the payment obligation.
9.3 The parties may dissolve the contract out of court and free of charge if the other party fails to fulfill its contractual obligations. The parties shall confirm any intention to rescind to each other in writing, stating reasons and as soon as possible.
9.4 You remain liable for the payment of debts arising before the date of dissolution. If ordered products were only partially delivered, regardless of the time, they will be charged separately.
10. Liability
10.1 We and/or our appointees shall not be liable for the occurrence of any damage which may occur during or after the performance of the agreement or in respect of the products supplied, unless there is intent or gross negligence on our part or on the part of our appointees or agents, or, except in cases of force majeure, for the non-performance of an obligation constituting one of the main performances of the agreement. In any event, we shall never be liable for or obliged to compensate any intangible, indirect or consequential
damages, including (but not limited to) loss of profits, loss of sales, loss of income, production limitations, administrative or personnel costs, an increase in overheads, loss of clientele or claims of third parties.
10.2 Insofar as we depend on the cooperation, services and supplies of third parties in the performance of our commitments, we shall not be liable for any damages resulting from their fault.
10.3 Our contractual and extra-contractual liability is at all times limited to the amount paid by you for the products purchased (including VAT).
10.4 If one of the parties does not perform the contract, only partially or incorrectly, the party that has suffered damage shall notify the other party in writing within 14 (fourteen) calendar days, giving the reason and an estimate of the damage suffered. Under no circumstances shall this release the customer from the obligation to pay invoices not directly related to the damage.
10.5 Following a notice of default, we always have the right to remedy the deficiency.
10.6 If, due to a contractual or extra-contractual breach on your part, you compromise our liability, you must take all necessary measures to indemnify us against any damage we may incur as a result.
11. Website
11.1 We may modify, limit or expand the form and content of our website at our discretion. Although we make every effort to keep the website functioning optimally and secure, possible malfunctions, interruptions, loss of data or unintentional spread of viruses or malware can never be ruled out. We cannot be held liable for this.
11.2 We are not liable for damages caused by phishing, farming or other forms of Internet fraud or other criminal activity.
12. Processing of personal data
12.1 We and our assignee(s) collect and/or process the personal data we receive from you for the purpose of contract performance, order fulfillment, delivery of goods, complaint handling, payment and return processing, invoice collection, promotional or informational communication, customer management, accounting and direct marketing activities in accordance with the General Data Protection Regulation (GDPR) and relevant Belgian legislation. The legal grounds are performance of the contract, fulfillment of legal and regulatory obligations, consent and/or legitimate interest. Want to know more? Read the privacy policy on the website.
13. Intellectual property rights
13.1 All documents, images, texts, designs and all other intellectual works created by us, regardless of form, remain our property. It is not allowed to share these documents, images, texts, designs and all other intellectual works, regardless of the form, by yourself or with the help of third parties, with third parties, distribute, copy, disclose, without our explicit and prior consent. Any infringement of these intellectual rights may give rise to civil and criminal prosecution.
14. Complaints
14.1 Any complaints about our service or the products, should reach us within 14 (fourteen) calendar days in written form (e.g. by e-mail), after which we will confirm receipt of the complaint within 30 (thirty) days and then deal with it as soon as possible and to the best of our ability.
15. Disputesandapplicablelaw
15.1 In case of disputes arising from or related to these general terms and conditions, the validity, performance or interpretation of the agreement, the products or the services, the parties will seek an amicable solution.
15.2 Belgian law shall apply to disputes relating to these General Terms and Conditions, the validity, performance or interpretation of the agreement or the products or services, which cannot be resolved amicably, except when the mandatory provisions on applicable law for consumers come into play and designate a different law. In case of legal disputes, the Belgian courts of the judicial district and department where HUDUUR's registered office address is located shall have jurisdiction, except when the mandatory provisions on applicable law for consumers come into play and designate a different law.
15.3 The application of the Vienna Convention on Contracts for the International Sale of Goods (1980) is expressly excluded.