General terms & conditions

 Contents:
ARTICLE 1: GENERAL PROVISIONS
ARTICLE 2: PRICE
ARTICLE 3: OFFER
ARTICLE 4: ONLINE PURCHASES
ARTICLE 5: DELIVERY AND PERFORMANCE OF THE AGREEMENT
ARTICLE 6: RETENTION OF TITLE
ARTICLE 7: RIGHT OF WITHDRAWAL / RETURNS
8
ARTICLE 8 RETURNS
: CUSTOMER SERVICES
ARTICLE 11: COMPLAINTS PROCEDURE
ARTICLE 12: PENALTIES FOR NON-PAYMENT
ARTICLE 13: PRIVACY
ARTICLE 14: IMPROVEMENT OF VALIDITY - NON-REVISION
ARTICLE 15: MODIFICATION OF THE CONDITIONS
ARTICLE 16: FORCE MAJEURE ARTICLE
18
INTELLECTUAL
PROCEEDINGS – DISPUTES
ARTICLE 20: E-INVOICE
ARTICLE 21 and following: Everything related to renting products.

ARTICLE 1: GENERAL PROVISIONS

The website of HanaComfort , part of Freya Products BVBA with registered office at 8560 Wevelgem, Roeselarestraat 40 and VAT number BE 0680.696.213
(hereinafter referred to as 'Freya Products ') offers its customers the opportunity to purchase the products from its webshop online.

These General Terms and Conditions ("Terms") apply to any order placed by a visitor to this webshop ("Customer"). When placing an order through the Freya Products web store , the Customer must expressly accept these Terms and Conditions, thereby agreeing to the applicability of these Terms, to the exclusion of all other terms and conditions. Additional terms and conditions of the Customer are excluded, unless they have been expressly accepted by Freya Products in advance, in writing.

ARTICLE 2: PRICE

All prices stated are expressed in EURO, always including VAT and all other duties or taxes required by the Customer. If delivery, reservation or administrative costs are charged, this will be stated separately. The price statement refers exclusively to the articles as described verbatim. The accompanying photos and videos are for decorative purposes and may contain elements that are not included in the price.

ARTICLE 3: OFFER

Despite the fact that the online catalog and the e-commerce website have been compiled with the greatest possible care, it is still possible that the information provided is incomplete, contains material errors, or is not up-to-date. Obvious mistakes or errors in the offer do not bind Freya Products . Freya Products is only bound to an obligation of means with regard to the correctness and completeness of the information provided. Freya Products is in no way liable in the event of manifest material errors, typesetting or printing errors.

If the Customer has specific questions about e.g. sizes, colour, availability, delivery term or delivery method, we request that the customer contact our customer service in advance, preferably via their account (tickets) or by email to: info@HanaComfort. com

The offer is valid while stocks last and can be adjusted or withdrawn by Freya Products at any time . Freya Products cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer. Freya Products is not liable for damage, for whatever reason, because Freya Products has based on incorrect and/or incomplete information provided by the Customer. Freya Products is not liable for any damage caused by the Customer incorrectly using the address label.

ARTICLE 4: ONLINE PURCHASES

• The Customer chooses one or more products from our online catalog;
• The Customer provides correct information to ensure that the necessary information and delivery are successful;

The Customer has the choice between the following payment methods

• Via Bancontact
• Via Belfius Pay Button
• Via KBC/CBC payment button
• via Paypal
• Via Visa
• Via iDEAL
• by invoice and transfer to account number BE30 0018 7957 0111
• Afterwards Pay

Freya Products is entitled to refuse an order due to a serious shortcoming of the customer with regard to orders in which the customer is involved.

ARTICLE 5: DELIVERY AND PERFORMANCE OF THE AGREEMENT

Items ordered through this webshop are delivered within the EU.

Unless otherwise agreed or expressly provided otherwise, the goods will be delivered to the Customer's place of residence within 5 working days (unless otherwise communicated) after receipt of the order and this by post. The costs of this delivery shall be borne by the Customer unless expressly stated otherwise. If the Customer has not received his purchased goods within the above-mentioned period of 5 working days, he is obliged to report this to Freya Products .

Delivery will only take place when Freya Products has either received the full amount owed from the Customer or has received a clear order confirmation via the platform (for example after selection: Payment afterwards or payment on invoice after delivery).

Any visible damage and/or qualitative shortcoming of an article or other shortcoming in the delivery must be reported immediately by the Customer to Freya Products by e-mail, customer account or by letter post.

The risk of loss or damage passes to the Customer as soon as he (or a third party designated by him, who is not the carrier) has taken physical possession of the goods. However, the risk already passes to the Customer upon delivery to the carrier, if the carrier has been instructed by the Customer to transport the goods and this choice was not offered by Freya Products .

ARTICLE 6: RETENTION OF TITLE

The delivered items remain the exclusive property of Freya Products until full payment by the Customer .

The Customer undertakes, if necessary, to point out to third parties the retention of title of Freya Products , eg to anyone who would seize the items not yet fully paid for.

ARTICLE 7: RIGHT OF WITHDRAWAL / RETURNS

The provisions of this article only apply to Customers who purchase items online from Freya Products in their capacity as consumers .

• The Customer has the right to withdraw from the agreement within a period of 28 calendar days without stating reasons.
• The withdrawal period expires 28 calendar days after the day on which the Customer or a third party designated by the Customer, who is not the carrier, takes physical possession of the good.
• How to return? Via this link you can see the step-by-step plan to exercise your right of withdrawal.
• the model form for the right of withdrawal via this link if you wish.

In order to comply with the withdrawal period, the Customer must send his communication regarding his exercise of the right of withdrawal before the withdrawal period has expired.

return or hand over the goods to Freya Products BVBA without delay, but in any case no later than 30 calendar days after the day on which he communicated his decision to withdraw from the agreement to Freya Products . The Customer is on time if he returns the goods before the 30 calendar day period has expired.

The direct costs of returning the goods will be borne by the Customer, unless the returned order has a higher purchase value (incl. discounts) of €50.

If the returned product is in any way diminished in value, Freya Products reserves the right to hold the Customer liable and claim damages for any loss in value of the goods resulting from the use of the goods by the Customer. that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.

If reasonably possible, the products must be returned in the original packaging and in new condition, together with all accessories, instructions for use and invoice or proof of purchase.

If the Customer withdraws from the agreement, Freya Products will refund to the Customer all payments received from the Customer up to that point, including the standard delivery costs as stated above, within a maximum of 14 calendar days after Freya Products has been notified of the decision of the Customer. Customer to revoke the agreement. For sales agreements, Freya Products may withhold reimbursement until it has physically received all the goods back, or until the Customer has demonstrated that it has returned the goods, whichever comes first.

Freya Products will refund the Customer using the same payment method as the Customer used, unless the Customer expressly agrees to another payment method; in any case, the Customer will not be charged for such reimbursement.

ARTICLE 8: WARRANTY

Under the law of 21 September 2004 on the protection of consumers in the sale of consumer goods, the consumer has legal rights. This legal guarantee is valid from the date of delivery to the first owner. Any commercial warranty does not affect these rights.

To invoke the warranty, the Customer must be able to present proof of purchase. Customers are advised to keep the original packaging of the goods.

For items purchased online and delivered to Customer's home, Customer must contact Freya Products customer service and return the item to Freya Products at its own expense .

inform Freya Products as soon as possible. In any case, any defect must be reported by the Customer within a period of 2 months after its discovery. Afterwards, any right to repair or replacement lapses.

The (commercial and/or legal) warranty never applies to defects that arise as a result of accidents, neglect, falls, use of the item contrary to the purpose for which it was designed, non-compliance with the instructions for use or manual, adjustments or changes to the item, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.

Defects that manifest themselves after a period of 6 months following the date of purchase, if applicable delivery, are deemed not to be hidden defects, unless proven otherwise by the Customer.

ARTICLE 9: EXCLUSION RIGHT OF WITHDRAWAL

We can exclude the following products from the Right of Withdrawal if we clearly state this on the product page:

1. Products which are manufactured to your specifications, which are not manufactured and which are manufactured on the basis of your individual choice or decision, or which are clearly intended for a specific person.
   b. Products whose price is subject to fluctuations in the financial market over which we have no influence and which may occur within the withdrawal period;
   c. Products that spoil quickly or have a limited shelf life; d. Sealed products that are not suitable for return
   for reasons of health protection or hygiene and of which the seal has been broken after delivery; e. Products that are irrevocably mixed with other products after delivery; f. Alcoholic drinks, the price of which has been agreed upon at the conclusion of the Purchase Agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which we have no influence; g. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery; h. Newspapers, magazines or magazines.

ARTICLE 10: CUSTOMER SERVICE

Freya Products ' customer service can be reached at the telephone number located at the bottom left of our webshop, by e-mail at [email protected] or by post at the following address: Roeselarestraat 40, 8560 Wevelgem. Any complaints can be directed to this. We always try to treat these with the utmost respect. Treat our customer service accordingly. Please always have your order number ready when you call. See article 10. below regarding our complaints policy.

ARTICLE 11: COMPLAINTS PROCEDURE

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.

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

If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.

In the event of complaints, a consumer must first turn to the entrepreneur. In the event of complaints that cannot be resolved in mutual consultation, the consumer should contact Stichting WebwinkelKeur ( webwinkelkeur.nl ), which will mediate free of charge. If a solution is not yet reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform ( http://ec.europa.eu/odr ).

A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

ARTICLE 12: PENALTIES FOR NON-PAYMENT

Without prejudice to the exercise of other rights available to Freya Products , in the event of non-payment or late payment from the date of default, the Customer will owe an interest of 10% per year on the unpaid amount by operation of law and without notice. In addition, by operation of law and without notice, the Customer owes a fixed compensation of 10% on the amount concerned, with a minimum of 25 euros per invoice.

Without prejudice to the foregoing, Freya Products reserves the right to take back items that have not been paid (in full) for.

The Customer is also obliged to pay all collection costs, both extrajudicial and judicial, to which the collection of an unpaid invoice will give rise.

ARTICLE 13: PRIVACY

The data controller, Freya Products , respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal data.

The personal data provided by you will only be used for the following purposes: processing the order, sending newsletters, advertising and/or marketing purposes of Freya Products .

You have a legal right to access and possibly correct your personal data. Provided proof of identity (copy of identity card) you can obtain the written notification of your personal data free of charge by means of a written, dated and signed request to Freya Products , Roeselarestraat 40, 8560 Wevelgem. If necessary, you can also ask to correct the data that would be incorrect, incomplete or irrelevant.

In case of use of data for direct marketing: You can object free of charge to the use of your data for direct marketing. For this you can always contact Freya Products , Roeselarestraat 40, 8560 Wevelgem or by mail at [email protected].

We treat your data as confidential information and will not pass it on, rent or sell it to third parties.

The customer is responsible for keeping his login details and the use of his password confidential. Your password is stored encrypted, so Freya Products has no access to your password.

Freya Products keeps online (anonymous) visitor statistics to be able to view which pages of the internet site are visited to what extent.

If you have any questions about this privacy statement, please contact us at [email protected].

ARTICLE 14: VIA VALIDITY - NON-REQUEST

If any provision of these Terms is held to be invalid, illegal or void, this shall in no way affect the validity, legality and applicability of the other provisions.

Freya Products ' failure at any time to enforce any of the rights set forth in these Terms, or to exercise any right hereof, shall never be deemed a waiver of such provision and shall never affect the validity of those rights. .

ARTICLE 15: MODIFICATION OF CONDITIONS

Freya Products reserves the right to change or supplement these terms and conditions.
Changes also apply to agreements already concluded with due observance of a term of 30 days after announcement of the change on the website, by electronic message or in writing. Minor changes can be made at any time. If the Customer does not wish to accept a change to these terms and conditions, it may terminate the agreement by such date until the date on which the new terms and conditions take effect, unless Freya Products has indicated that the old terms and conditions will remain in effect for the Customer.

ARTICLE 16: FORCE MAJEURE

Freya Products cannot be held responsible for fulfilling any obligation towards the Customer, if Freya Products is prevented from doing so as a result of a circumstance that is not due to its fault, nor under the law, legal act or generally accepted standards. for its account (“force majeure”).

Circumstances include, but are not limited to: disruptions in the connections to and from the internet, transport delays, strikes, lockouts, government measures, the failure of carriers, suppliers and/or other third parties to fulfill their obligations. Force majeure also includes a shortcoming of engaged third parties that are necessary for the provision of the Service, as well as any other situation over which Freya Products cannot exercise (decisive) control.

In the event of force majeure, Freya Products will be released from its obligation to deliver or perform the agreed work for the time being. It will depend on the circumstances of the case whether this will be and will continue to be the case in whole or in part, or whether there will only be a suspension of delivery and/or performance. If an opportunity arises to deliver and/or carry out as yet, and/or changes, both Freya Products and the Customer, possibly subject to adjustment of the amounts to be paid by the Customer, will be obliged to make use of it.

ARTICLE 17: INTELLECTUAL PROPERTY

Any intellectual property right with regard to our Website (Product description, photo material, ...) remains the property of Freya Products . It is not permitted to reproduce, make public or copy such data .

ARTICLE 18: PROOF

The Customer accepts that electronic communications and backups can serve as evidence.

ARTICLE 19: APPLICABLE LAW – DISPUTES

Belgian law applies, with the exception of the provisions of private international law regarding applicable law. The courts of the Consumer's place of residence have jurisdiction in legal disputes. The Customer can also contact the ODR platform ( http://ec.europa.eu/consumers/odr/ ).

ARTICLE 20: E-INVOICE

Because we take the environment into account, invoicing is exclusively done electronically by e-mail. Our mailings also immediately serve as proof of purchase of the purchased item. If the Customer wants a paper copy of the invoice, this is always possible by sending an email to info@[email protected]

Download the terms and conditions here.

General terms and conditions regarding the temporary rental of products:

ARTICLE 21: RISK, DEFICIENCY AND DAMAGES

21.1 The lessee is not prohibited from subletting or lending the leased property, or from making it available or handing over to third parties under any other stipulation. However, the original tenant remains ultimately responsible for the goods.

21.2 The rental is only permitted for the Belgian and Dutch territory and any movement of the rented outside these national borders is prohibited.

21.3 The lessor delivers the goods in perfect condition. When collecting or taking delivery, the tenant must check this if desired. The collection or receipt by him or his authorized representative counts as irrevocable acceptance. In the event of shipment and if the receipt has not taken place on site and the lessor has not exercised his right to take back the goods, the lessee must lodge any protest by registered letter, which must be sent at the latest 24 hours under penalty of forfeiture. hours after delivery to the agreed place, excluding Sundays and public holidays. In that case, however, the tenant has the burden of proof that the deficiency or damage did not arise after delivery. All shipments, including those made carriage paid , are made at the buyer's risk and expense.

If goods are sold by the lessor to the lessee, all complaints for visible defects, missing goods or visible non-conforming delivery must be submitted immediately and in writing and this at the latest 24 hours after receipt of the goods. All complaints for hidden defects must be made immediately and by registered post, no later than eight days after the defect was discovered or could reasonably have been discovered. If the aforementioned expiry periods are exceeded and/or in the event of any other misunderstanding of the foregoing, any possible liability of the lessor in this regard will lapse, except in the case of proven intent.

21.4 After discovery of a defect, shortage or damage, the tenant will not continue to use it.

Repair work is carried out by or on behalf of the lessor. The costs of repair shall be borne by the lessor, unless the defect, shortage or damage is attributable to the lessee, for example (but not exclusively) due to use, negligence on the part of the lessee, force majeure or acts of third parties. The proof to the contrary lies with the tenant.

The time required for care, maintenance and any necessary repair work is included in the rental period.

21.5 However, the tenant is not entitled to compensation on the basis of any interruption in the use of the rented property, nor does it derive any right from it to dissolve the lease.

3.6 Only the tenant bears the risk of loss or damage to the rented item during the entire rental period, including during transport there and back. The tenant or his representative undertakes to inform the landlord within 24 hours of the following facts:

• loss or damage ;
• theft of the rented object;
• damage by third parties ;
• judicial attachment or attachment by creditors;
• bankruptcy or judicial agree .

The tenant is liable for the return of the rented property in its original condition and in accordance with the instructions provided by us.

Without prejudice to his recourse against third parties, the tenant is liable for any loss, damage, difference, loss of value, etc. in the broadest sense, without being able to invoke error or intent on the part of third parties, coincidence or force majeure against the landlord. On the other hand, taking back by the lessor does not mean acceptance and does not exclude a claim for compensation. The lessor has a period of 31 days after the return, including Saturdays, Sundays and public holidays, to notify the lessee of his findings regarding damage.

This is done by having the damage assessment signed by the customer or, in the event of refusal, by registered letter, in which the tenant is invited to come and determine the damage in the lessor's warehouses within 5 days.

However, no registered letter is required if the tenant has received a claim form at the rental center or simply if the deposit has been withheld.

If the tenant does not respond to this after the expiry of that period, this will be considered as acceptance. The lessor is then authorized to proceed with immediate repair or replacement and to charge the costs, as well as all additional damage items, to the lessee.

21.7 The tenant can buy off damage during the rental period. Damage surrender covers damage to the rental equipment during loading, unloading, transport and use. Exclusions: Theft and damage caused intentionally, as well as damage resulting from non-compliance with legal obligations and guidelines for good use. This lump sum does not release the renter from his obligation to insure the equipment in and next to traffic and to comply with the applicable laws and regulations that impose compulsory insurance for motorized vehicles. Call-out costs for interventions on site are not covered by the damage commutation. region: Belgium, Premium: 10% of the total gross rent. Exemption: 20% of the damage amount, min. 50 euros (excl. VAT).

ARTICLE 22 RENTAL PRICE AND PAYMENT CONDITIONS

22.1 The rent continues on Saturdays, Sundays and public holidays.

The tenant must pay a sum in advance that corresponds to the probable duration of the rent to be stated by him. This sum is due and payable at the time the lease commences. If the rented property is kept for longer than the period for which payment was made in advance, a new advance must be paid no later than the first day of the extension, equal to the rent for the duration of the probable extension. This sum is due and payable at the time the extension commences.

22.2 In the case of rental contracts that run for longer than 1 month, the lessor reserves the right to unilaterally adjust the rent during the course of the contract in accordance with new rate lists or indexations.

22.3 If a deviation from the above-mentioned method is expressly permitted in writing by the lessor, the rent will be invoiced at the end of the month of delivery and every following month.

22.4 Our invoices are payable in cash. In the event of non-payment of the invoice on the due date, from the date of the invoice, a default interest of 1% per month will be owed by operation of law and without prior notice of default, whereby part of a month counts as a full month.

In addition, in the event of non-payment of the invoice on the due date, a fixed compensation amounting to 15% of the invoice amount is due by operation of law and without prior notice of default, and this solely for the reason of this delay, with a minimum of 150 euros.

Collection costs are not included in this fixed compensation and are charged separately.

The VAT is borne by the buyer or tenant. All prices are stated excluding VAT.

22.5 Any protest must be made by registered letter within 8 days of the invoice date to the registered office of the lessor.

ARTICLE 23: DEPOSIT

The deposit must be paid in cash at or before the conclusion of the contract. The deposit can never be regarded by the tenant as an advance on the rent. The lessor can but must not deduct the deposit from all amounts owed. He is only obliged to repay if the tenant has fulfilled all obligations. The guarantee never entitles you to interest.

ARTICLE 24: GUIDELINES FOR USE

In addition to and in addition to what is stipulated under article 21, the tenant is obliged to use the rented property as a good tenant. He declares that he is well acquainted with, tried and received the equipment mentioned in perfect working order. He agrees to use this equipment with care, under his full responsibility, and skillfully at all times. He declares to have received the manual and explanation about the operation and the safety regulations of the devices. Without this list being intended to be exhaustive, the tenant is informed of the following obligations that he must comply with, taking into account the nature and type of the rented device.

• the tenant must continuously inspect the leased property for proper functioning and timely carry out the necessary daily or periodic maintenance to maintain proper functioning. This maintenance happens on his costs ;
• the tenant must comply with all legal and regulatory provisions with regard to the use, putting into operation or possession of the rented equipment, to avoid nuisance, etc.; from the start of the rental until the return, he is solely responsible for all costs and risks associated with his possession or consumption, such as taxes, permits, mandatory control or security measures, etc.

The tenant is obliged to have all control measures imposed by law or regulation take place, without any intervention from the landlord.

ARTICLE 25: TERMINATION OF THE RENT

25.1 The lessor has the right to terminate the agreement by operation of law and without prior notice of default, with immediate effect or to declare it dissolved in one or more of the following cases:

• when the tenant does not fulfill his payment obligations, including those relating to the rent or the deposit, properly or not on time or when there are clear suspicions that the tenant will not fulfill his payment obligations;
• in the event of any other serious shortcoming on the part of the tenant such as misuse, relocation abroad, renunciation of the rented property to third parties, etc.
• in the event of bankruptcy, judicial settlement or in liquidation of the tenant;
• in the event of seizure of the bank accounts or other assets of the tenant;
• in the event of cancellation of the tenant's bank or other credits;
• in the event of a protest of the tenant's commercial papers;

The lessor then has the right, ipso jure and without prior notice of default, at the expense of the lessee, to retrieve the leased property, wherever they are located and to dispose of it immediately.

25.2 If the tenancy agreement is terminated at the expense of the tenant, the tenant is at least obliged, without prejudice to the landlord's right to compensation for the demonstrable damage, to pay the agreed rent for the agreed rental period, or the stated probable rental period. The lessor is not liable for any damage that the lessee would suffer as a result of the termination/dissolution of the agreement as referred to in 25.1, such as loss of profit, etc.;

ARTICLE 26 LESSOR'S LIABILITY FOR DAMAGE

26.1 Without prejudice to the provisions elsewhere in these terms and conditions, the tenant is liable for all damage or hindrance that the rented property or its use, even if not incorrectly, would cause to itself or to third parties.

26.2 In the event that the lessor's liability is withheld, the lessor's intervention in the damage can in no case exceed the amounts that the lessee must pay to the lessor within the framework of the lease.

26.3 If an event occurs, from which damage ensues for the tenant or if damage is reasonably expected to result, for which the landlord may be liable, the tenant must notify the lessor in writing of that event with due speed, but in any event within 8 days after that event. to set.

26.4 The tenant expressly accepts to indemnify the landlord against all claims from third parties for compensation for damage suffered by them, in the cases where the liability of the landlord is excluded in the present conditions. This indemnification also includes the costs that the lessor must incur in connection with a claim from a third party.