Terms and Conditions
Introduction
Below you will find our General Terms and Conditions. These always apply when you use or place an order via our website and contain important information for you as a buyer. Please read the General Terms and Conditions carefully. We also recommend that you save or print these terms and conditions so that you can read them again at a later time.
Article 1- Definitions
1.1. Small Happinezz®: established in Amsterdam and registered with the Chamber of Commerce under registration number 83490019, trading under the name Small Happinezz®.
1.2. Website: the website of Small Happinezz® can be consulted via www.smallhappinezz.com.
1.3. Customer: the natural or legal person, whether or not acting in the exercise of a profession or business, who enters into an agreement with Small Happinezz® and/or has registered on the website.
1.4. Seller: Small Happinezz®
1.5. Agreement: any agreement or agreement between Small Happinezz® and the customer, of which agreement the General Terms and Conditions form an integral part.
1.5. General Conditions: the present General Conditions.
Article 2- Prices
2.1. All prices that Small Happinezz® uses are in euros, include VAT and exclude any other costs such as administration costs, levies or shipping costs, unless explicitly stated otherwise or agreed otherwise.
2.2. Small Happinezz® can change all prices charged by Small Happinezz® for its products or services, on its website or otherwise.
2.3. Increases in cost prices of products or parts thereof, which Small Happinezz® could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
2.4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
Article 3- Payment and consequences of late payment
3.1. Customer submits payments to Small Happinezz® according to the payment methods indicated in the order procedure and possibly on the Website. Small Happinezz® is free to choose payment methods and these may also change from time to time. In case of payment after delivery, the customer has a payment term of 14 days starting on the day after delivery.
3.2. If the customer does not meet his payment obligation(s) in time, after he has been notified of the late payment by Small Happinezz® and Small Happinezz® has granted the customer a period of 14 days to still meet his payment obligations , after failure to pay within this 14-day period, the statutory interest will be owed on the amount still owed and Small Happinezz® is entitled to charge the extrajudicial collection costs incurred by it. 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, =.
3.3. If the customer is in default, he also owes extrajudicial collection costs and any compensation to Small Happinezz®.
3.4. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
3.5. If the customer does not pay on time, Small Happinezz® may suspend its obligations until the customer has fulfilled its payment obligation.
3.6. in the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, Small Happinezz®'s claims against the customer are immediately due and payable.
3.7. If the customer refuses to cooperate with the execution of the agreement by Small Happinezz®, he is still obliged to pay the agreed price to Small Happinezz®.
Article 4- Right of withdrawal
4.1. This article only applies if the customer is a natural person who is not acting in the exercise of his profession or business. Business customers therefore do not have a right of withdrawal. The customer has the right to dissolve the distance contract with Small Happinezz® within 14 calendar days after receipt of the product, without stating reasons, free of charge, provided that:
the product has not been used
it is not a product that cannot be returned for hygienic reasons
it is not an (order for) emergency repair
the consumer has not waived his right of withdrawal
4.2. Within the withdrawal period referred to in Article 4.1, the customer will handle the product and packaging with care. The sealed safety lock of the ordered products must still be unopened and products must be unused for hygiene reasons.
If your package and/or your items are damaged, please contact Small Happinezz® within 48 hours. Send a photo of what is broken to info@smallhappinezz.com and we will contact you. Please include your name, address and order ID in your email. If you find out that you have ordered something wrong or that it does not meet your needs, you can return your order unopened and unused within 7 days, but this will be at your own expense and you always do this in consultation with U.S:
Small Happinezz
Lidewijdepad 152
1055 JR Amsterdam
VAT number: NL003828510B17
Please include a note with the reason for return, your name, address, order ID etc. The items must be returned unused and in the original packaging. If you return the entire order in case of damage, all costs, including shipping costs, will be refunded. However, if you return part of the order, this is not the case. However, if there is no damage, you must pay the return costs yourself.
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4.4. Customer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is allowed in article 4.2.
4.5. The customer can dissolve the agreement in accordance with article 4.1 by making this known unambiguously via info@smallhappinezz.com .
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Article 5- Delivery
5.1. The delivery times specified by Small Happinezz® are indicative and, if they are exceeded, do not entitle the customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
5.2. The delivery time starts at the moment that the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation of this from Small Happinezz®.
5.3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Small Happinezz® is unable to deliver within 14 days after receiving a written demand to do so or the parties have agreed otherwise.
5.4. The seller starts the execution of the customer's order immediately after the contract for the sale of the goods from the order has been concluded (in case of payment on receipt).
5.5. The method of delivery and the address to which the goods will be delivered must be specified by the customer in the order form.
5.6. Small Happinezz® uses the following delivery methods: DHL Parcel or PostNL.
5.7. The delivery costs depend on the chosen delivery method and the chosen payment method. The customer is informed of the delivery costs for the good before submitting the order, in accordance with Article 2. In addition, information about the current rates is always available on the Shop's website.
5.8. The order execution time is the time for making the products (if not in stock). The Deliverytime of the courier is not included in this. After receiving the payment, the customer will receive a notification about the order with further information about the delivery time. In principle, the delivery time is within 5 working days after receipt of payment.
5.9. Purchases ordered on Friday after 3:00 PM and on the weekend will be processed and shipped on the Monday after the weekend.
5.10. If it is not possible to fulfill the order within the period specified in article 5.8 above, the seller may inform the customer by means of an e-mail sent to the address provided when registering the account or specified in the order, and will thereby refund the full amount of money received, unless the customer agrees to extend the delivery period for the good. This applies in particular to goods that are adapted to the individual needs of a specific customer.
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Article 6- Warranty and Conformity
6.1. Small Happinezz® guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. . If specifically agreed, Small Happinezz®er also guarantees that the product is suitable for other than normal use.
6.2. A warranty provided by Small Happinezz®, manufacturer or importer does not affect the legal rights and claims that the customer already has and can invoke under the Agreement.
6.3. If the delivered product does not comply with the agreement, the customer must inform Small Happinezz® within a reasonable period of time after discovering the defect.
6.5. If Small Happinezz® considers the complaint to be well-founded, the relevant products will be repaired, replaced or reimbursed after consultation with the customer. With due observance of the article regarding liability, the maximum compensation is equal to the price paid by the customer for the product.
Article 7- Complaints procedure
7.1. If the customer has a complaint about a product (in accordance with Article regarding warranty and conformity) and/or about other aspects of the services of Small Happinezz®, he can submit a complaint to Small Happinezz® by telephone, e-mail or by post. See the contact details at the bottom of the Terms and Conditions.
7.2. Small Happinezz® gives the customer a response to his complaint as soon as possible, but in any case within 7 days after receipt of the complaint. If it is not yet possible to provide a substantive or definitive response, Small Happinezz® will confirm receipt of the complaint within 7 days of receipt of the complaint and indicate the period within which it expects to provide a substantive or final response to the complaint of customer.
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Article 8- Liability
8.1. The total liability of Small Happinezz® towards the customer due to attributable shortcoming in the fulfillment of the Agreement is limited to compensation of a maximum of the amount of the price stipulated for that agreement (including VAT).
8.2. Liability of Small Happinezz® towards the customer for indirect damage, including in any case – but expressly not limited to – consequential damage, lost profit, lost savings, loss of data and damage due to business interruption, is excluded.
8.3. Apart from the cases mentioned in the previous two paragraphs of this article, Small Happinezz® has no liability whatsoever towards the customer for compensation, regardless of the ground on which an action for compensation would be based. However, the restrictions referred to in this article will lapse if and insofar as damage is the result of intent or gross negligence on the part of Small Happinezz®.
8.4. The liability of Small Happinezz® towards the customer due to an attributable shortcoming in the fulfillment of an agreement only arises if the customer gives Small Happinezz® notice of default immediately and properly in writing, setting a reasonable term to remedy the shortcoming and Small Happinezz® also after that term. continues to fail to fulfill its obligations. The notice of default must contain as detailed a description as possible of the shortcoming, so that Small Happinezz® is able to respond adequately.
8.5. A condition for the existence of any right to compensation is always that the customer reports the damage in writing to Small Happinezz® as soon as possible, but no later than 30 days after it has arisen.
8.6. In the event of force majeure, Small Happinezz® is not obliged to compensate any damage caused to the Customer as a result. In the event of force majeure, Small Happinezz® reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that execution remains possible. Under no circumstances is Small Happinezz® obliged to pay any fine or compensation.
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Article 9- Personal data
9.1. Small Happinezz® processes the customer's personal data in accordance with the privacy statement published on the website. Personal data is used for the purpose for which it was provided, including executing the order and recording it in a database for administration. If the customer gives permission for other processing and use, such as receiving newsletters, Small Happinezz® will act in accordance with the Personal Data Protection Act.
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Article 10- Final provisions
10.1. Dutch law applies to the agreement.
10.2. Insofar as not dictated otherwise by mandatory law, all disputes that may arise as a result of the agreement will be submitted to the competent Dutch court in the district where Small Happinezz® is located.
10.3. If a provision in these General Terms and Conditions is found to be invalid, this will not affect the validity of the entire General Terms and Conditions. In that case, the parties will determine (a) new provision(s) as a replacement, which will give shape to the intention of the original provision as much as legally possible.
Contact details
If you have any questions, complaints or comments after reading these General Terms and Conditions, please feel free to contact us by e-mail.
Small Happinezz
Lidewijdepad 152
1055 JR Amsterdam
info@smallhappinezz.com
VAT number: NL003828510B17
Chamber of Commerce: 83490019
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