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General Terms and Conditions of Sale

Hassing Taxidermy

1. Definitions

  1. 1. CUSTOMER: any person or legal entity who enters into an agreement with Hassing Taxidermy (Ch. of Comm. no. 28087387), hereinafter referred to as HASSING, or to whom HASSING issues an offer and/or quotation as referred to in Article 3, paragraphs 1 and 2;

CONSUMER: a customer (natural person) not acting in the course of a profession or business and who enters into an agreement with HASSING through its webshop;

  1. 2. Agreement: every agreement that is concluded between HASSING and the CUSTOMER, via the webshop or otherwise, every change or addition thereto, as well as all (legal) acts in preparation and/or execution of that Agreement.

2. Applicability

1. These General Terms and Conditions of Sale apply to all offers and quotations made by HASSING and Agreements entered into, as well as orders accepted by HASSING. These General Terms and Conditions of Sale thus apply to all (legal) acts (including omissions) of HASSING and its CUSTOMER in this respect.

2. The CUSTOMER allows HASSING to use third parties in execution of the provisions of the Agreement. These General Terms and Conditions of Sale also apply to legal acts carried out by third parties within the framework of fulfilling HASSING’s obligations under the Agreement.

3. Deviations from and/or supplements to any provision of these General Terms and Conditions of Sale will only bind HASSING, if HASSING and the other party have explicitly agreed on these deviations and/or supplements without proviso and in writing. Any agreed deviations and/or supplements will only relate to the relevant Agreement.

4. If and insofar as the CUSTOMER, when accepting an offer or quotation, or when concluding an Agreement, refers to general terms and conditions other than the General Terms and Conditions of Sale of HASSING, with the aim of having these general terms and conditions apply to the Agreement, then any general terms and conditions other than these terms and conditions of sale will apply to the agreement subject to HASSING having explicitly accepted these general terms and conditions without proviso and in writing.

5. If after intervention of a legal authority, any provision of these General Terms and Conditions of Sale proves to be invalid, only the relevant provision will be excluded from application. All other provisions remain in full force.

6. If HASSING does not immediately or at all times require strict compliance with these General Terms and Conditions of Sale, it does not mean that those terms and conditions do not apply or that HASSING would lose the right to require strict compliance with the provisions of these terms and conditions in other cases.

3. Range and prices

  1. 1. Every offer by HASSING is without obligation, including offers via the webshop. Offers are made only once and do not apply to repeat orders.
  2. 2. All amounts stated in offers, quotations, Agreements and orders are expressed in Euros, unless the parties have agreed otherwise in writing. Prices are exclusive of VAT. Dispatch costs will be invoiced separately.
  3. 3. HASSING is not obliged to abide by an offer and/or agreement at the stated price if this price is based on a printing error and/or writing error.
  4. 4. The final product to be delivered can deviate from the range on the webshop (e.g. in terms of colour, size, design), due to screen quality.

4. Agreement

  1. 1. HASSING reserves the right to revoke any offer subject to contract, within two working days of receipt of acceptance of that offer. HASSING will (try to) notify the CUSTOMER of this by telephone as well as by e-mail.
  2. 2. An agreement is only concluded when the CUSTOMER/CONSUMER has received a written order confirmation or a written record of the Agreement from HASSING.
  3. 3. HASSING will include the following information with the confirmation/record referred to in paragraph 2: the invoice stating the price including VAT plus delivery costs, the method of payment, delivery or execution of the agreement and the (visiting) address of HASSING the CUSTOMER can go to in the event of complaints, as well as the conditions under and the way in which a CONSUMER can rely on his right of withdrawal, of which the standard right of withdrawal form forms part, or a clear statement regarding the exclusion of the right of withdrawal for certain products.
  4. 4. If the parties have agreed on further and/or additional arrangements or changes after the Agreement has been concluded, then these will only be binding if and insofar as these arrangements have been laid down in writing.

5. Cancellation of the Agreement

  1. 1. The CUSTOMER can only cancel the Agreement in writing, before the start of the execution of the Agreement and subject to the provisions of paragraphs 2, 3 and 4 below. In the event of cancellation, the CUSTOMER is at all times obliged to reimburse all preparation costs incurred by HASSING, which costs are set at 15% of the agreed price, as well as the costs that HASSING must pay to third parties on account of and in connection with the cancelled Agreement. If the agreement is cancelled within 72 hours before the agreed time of delivery, the CUSTOMER owes compensation set at 50% of the agreed price, in addition to the preparation costs. If cancellation takes place within 24 hours before the agreed day of delivery, the CUSTOMER owes the agreed price in full.
  2. 2. If the Agreement with a CONSUMER has been concluded via the webshop, he, contrary to the provisions of paragraph 1, has the right to cancel/revoke his order within 14 days of receiving the product ordered. However, if the product has been made according to specific wishes of the CONSUMER (this includes all products that have been framed for the CONSUMER or products that are delivered in a bell jar), this right of withdrawal does not apply.
  3. 3. During the cooling-off period as referred to in paragraph 2, the CONSUMER must handle the product and packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The starting principle is that the CONSUMER can only handle and inspect the product as he would be allowed to in a shop.
  4. 4. In order to rely on the right of withdrawal as referred to in paragraph 2, the CONSUMER must send an e-mail to HASSING within the 14 days referred to above (to: info@hassingtaxidermy.com), after which HASSING will send a return form to the CONSUMER. Returns without a return form are not accepted. If the CONSUMER relies on his right of withdrawal, the product including all its accessories must be returned by the CONSUMER to HASSING at the CONSUMER’s expense, in its original condition and packaging, free of damage, within 14 days to: Hassing Taxidermy BV, Veenderveld 47D, 2371 TT Roelofarendsveen, the Netherlands. After correct receipt thereof by HASSING, the CONSUMER will be credited the full invoice amount. However, HASSING is never liable for the loss or damage of any packages in case of returns. Loss or damage is a matter between the CONSUMER and the transport company engaged by him.

6. Delivery and warranty

  1. 1. The agreed products are delivered from stock within 7 working days of the conclusion of the agreement. This period of delivery is not a final deadline, unless explicitly agreed otherwise by the parties in writing.
  2. 2. If HASSING is (partially) unable to fulfil its obligation, it will notify the CUSTOMER accordingly as soon as possible. If HASSING cannot deliver the entire quantity ordered, it is entitled to make a partial delivery or to suspend the execution of the agreement and/or to deliver an equivalent or similar product, all this in consultation with the CUSTOMER. The provision set out in the previous sentence or a delay in the delivery, insofar as within reasonable limits, does not give the CUSTOMER the right to dissolve the Agreement or claim compensation.
  3. 3. The time of delivery is the time when the product is made available to the CUSTOMER, at the address specified by the CUSTOMER. The risk of the products transfers to the CUSTOMER at the time of delivery.
  4. 4. Delivery free domicile to the address of the CUSTOMER only applies if the Agreement has been concluded via the webshop, or if and insofar as this is explicitly stated by HASSING on the invoice and/or the order confirmation. In that case, the dispatch costs are always stated on the invoice.
  5. I5. If the parties have agreed in writing that HASSING will store the product to be supplied by it for the CUSTOMER, either within its own grounds or with a third party, delivery is effected the moment the product is stored.
  6. 6. If the CUSTOMER has not taken delivery of the product ordered at the agreed time and place, he is legally in default and the risk of any loss of quality will be for the CUSTOMER. The product ordered is at his disposal and stored at his expense and risk.
  7. 7. If, however, in the situation of paragraph 5 or 6, after the expiry of a limited storage period that can be considered reasonable in view of the product type, the CUSTOMER has failed to take delivery and, in the opinion of HASSING, intervention is required with a view to the risk of loss of quality and/or deterioration of the products and to limit any damage as much as possible, HASSING is entitled to sell the relevant products to third parties.
  8. 8. Non-compliance by the CUSTOMER does not release him from the obligation to pay HASSING the full purchase price.

7. Warranty, acceptance and complaints

  1. 1. The products delivered by HASSING meet the usual requirements and standards which can reasonably be expected at the time of delivery in terms of their intended normal use in the Netherlands.
  2. 2. The warranty referred to in paragraph 1 of this article covers a period of 7 days after delivery/ordering, unless stipulated otherwise by the nature of the product delivered or agreed otherwise by the parties. If the warranty provided by HASSING applies to a product made by a third party, the warranty is limited to the warranty provided by the maker of that product, unless stated otherwise. Following the expiry of the warranty period, all costs for the repair or replacement, including administration costs, dispatch costs and call-out charges, will be charged to the CUSTOMER (subject to a minimum of € 250 exclusive of VAT).
  3. 3. Any form of warranty lapses due to defects caused by or arising from improper or injudicious use of the product, incorrect storage or maintenance thereof by the CUSTOMER and/or third parties without the written approval of HASSING, the CUSTOMER or third parties making modifications to the product and/or attempts to do so, attaching elements which should not be attached to it or processing the product in any way other than prescribed. Nor can the CUSTOMER claim under the warranty if the defect is due to or the result of circumstances which are beyond the control of HASSING, including weather conditions (such as, but not limited to extreme temperatures) etc.
  4. 4. Immediately after delivery by HASSING, the CUSTOMER must check whether the products delivered comply with the provisions of the Agreement, even if the Agreement has been concluded via the webshop.
  5. 5. If HASSING has not received a written complaint from the CUSTOMER within 1 day after delivery, any shortcoming and/or defect is not deemed to be present at the time of delivery and the CUSTOMER is deemed to have approved the product or invoice. In that case, any relevant complaints received after the aforesaid term will not be accepted by HASSING.
  6. 6. Any shortcomings that are not immediately visible and objections must be reported to HASSING in writing within 1 day after discovery, stating the reasons.
  7. 7. A complaint must at least state:
  8. a. a detailed and accurate description of the defect, supported by evidence such as photos;
  9. b. a statement of any further facts from which it can be deduced that the delivered product and the rejected product are identical.

Complaints relating to only part of the products delivered do not justify the rejection of the entire delivery.

  1. 8. HASSING must always be given the opportunity to investigate the grounds of the relevant complaints on site (or to have them investigated) and/or to retrieve the products delivered, unless HASSING has indicated in writing that it has decided against an on-site investigation. The products must be kept available in their original packaging.
  2. 9. The CUSTOMER is at all times obliged to look after the products as a careful owner.
  3. 10. If a complaint submitted by the CUSTOMER is groundless, he must reimburse HASSING for any costs incurred in connection with the investigation.
  4. 11. If a timely submitted complaint is upheld and HASSING’s reliance on force majeure is unsuccessful, HASSING, at its discretion, will either replace the defective product within a reasonable term, arrange for it to be repaired or pay a refund. In the event of replacement, the Other Party is obliged to return the replaced item to HASSING and transfer ownership thereof to HASSING, unless HASSING instructs otherwise.

8. Payments

  1. 1. The CUSTOMER must have paid the invoice received without discount or setoff, prior to the delivery of the product. If the product has been purchased via the HASSING webshop, the CUSTOMER must pay the amount due via iDEAL or credit card, which is the last part of the ordering process. The CUSTOMER is obliged to immediately notify HASSING of any anomalies in the payment details that have been provided or stated.
  2. 2. Before fulfilling its obligations under the Agreement, HASSING is at all times entitled to demand sufficient security to ensure fulfilment of the CUSTOMER’s payment obligations.
  3. 3. HASSING reserves the right not to execute an agreement if the CUSTOMER has failed to pay a previous delivery within the agreed payment term, or if he failed to do so in full, if the CUSTOMER has otherwise failed to fulfil its obligations towards HASSING or if, in HASSING’s opinion, non-compliance on the part of the CUSTOMER is imminent and he has not provided sufficient security in time as referred to in paragraph 2.
  4. 4. The CUSTOMER will be in default due to the mere expiry of the agreed payment term. In that case, the CUSTOMER owes default interest of 1.5% per month, from the invoice due date until the day of full payment, without prejudice to HASSING’s other rights such as suspension, compensation or dissolution.
  5. 5. If payment is effected by engaging third parties, all resulting judicial and/or extrajudicial costs are immediately due and payable by the CUSTOMER, subject to a minimum of 15% of the outstanding amount.
  1. 6. Insofar as the CUSTOMER is established in an EU Member State other than the Netherlands, he will, upon request, notify HASSING in writing of his correct VAT identification number. The CUSTOMER must, immediately on request, furthermore provide HASSING with all information and documents it needs in order to prove that the products have been delivered in an EU Member State other than the Netherlands. The CUSTOMER indemnifies HASSING against all claims arising from and against all adverse consequences of not or not fully complying with the provisions stated herein.

9. Retention of title

  1. 1. If contrary to Article 8 paragraph 1, HASSING delivers the product to the CUSTOMER before he has paid for it, the product delivered remains the property of HASSING until full payment of all claims of HASSING against the CUSTOMER on account of agreements concluded between them, including interest and costs.
  2. 2. The CUSTOMER is not authorised to resell products delivered by HASSING that are subject to the aforesaid retention of title. Nor is the CUSTOMER entitled to pledge products that are subject to retention of title or to otherwise encumber them.
  3. 3. If the CUSTOMER fails to fulfil his obligations, or if HASSING has well-founded fears to believe that the CUSTOMER will be not able to fulfil his obligations under the Agreement, or in the event of a suspicion that the CUSTOMER is unwilling to fulfil his obligations, HASSING will be entitled to retrieve the product it has delivered, which product is subject to the retention of title referred to in paragraph 1 of this article, from the CUSTOMER or the third party who retains the product on behalf of the CUSTOMER, or to have it retrieved. The CUSTOMER is obliged to cooperate in such action on the part of HASSING and is liable for all costs incurred by HASSING in connection with his retention of title and all corresponding acts, as well as for all direct and indirect damage or loss incurred by HASSING.
  4. 4. If third parties wish to establish or exercise any right to products delivered by HASSING under retention of title (for example through attachment), the CUSTOMER must immediately notify HASSING thereof. Furthermore, the CUSTOMER must remind this third party of the fact that the products were delivered under retention of title. The CUSTOMER must provide the third party with the Agreement concluded between the parties, showing that a retention of title applies to the products delivered.
  5. 5. The CUSTOMER is obliged to cooperate in all measures HASSING wishes to take in order to protect its retention of title with regard to the products it has delivered.

10. Liability and risk

  1. 1. From the moment the product is delivered to the CUSTOMER, he will be liable for all damage or loss caused by and/or with these products, as well as for these products being damaged, lost, stolen or otherwise destroyed.
  2. 2. HASSING will never be liable for damage or loss suffered by the CUSTOMER, except and insofar as the CUSTOMER proves intent or gross negligence on the part of HASSING.
  3. 3. HASSING will in no case be liable for trading losses, losses due to delays, loss of profits, damage or loss due to stagnation or other consequential damage or loss.
  4. 4. If despite the provisions of paragraphs 2 and 3, HASSING is obliged to compensate damage or loss, its liability will be expressly limited to the amount that is paid out in the relevant case under HASSING’s business liability insurance, increased by the excess under this insurance. If for whatever reason the insurance does not pay out, any liability will be limited to the net amount of the invoice with regard to the part to which the damage or loss claimed by the CUSTOMER relates, on the understanding that any liability will at all times be limited to an amount of € 25,000.

11. Force majeure

  1. 1. In the event of force majeure, HASSING will be entitled to suspend the execution of the Agreement. If this period exceeds a term of 1 month, either party will be entitled to dissolve the agreement without further obligation to compensate the other party for any damage or losses.
  2. 2. Force majeure on the part of HASSING includes, but is not limited to:

– an animal purchased for the CLIENT that appears to be rotten and is no longer suitable for taxidermy purposes;

– wildlife damage in taxidermies;

– measures and/or bans by the Dutch government and/or foreign authorities to which HASSING is bound;

– unforeseeable or unpredictable traffic obstructions and/or technical defects in means of transport;

– shortcomings in the performance by suppliers of HASSING;

– theft of products required for the execution of the Agreement;

– as well as all other unforeseen circumstances that prevent HASSING from executing the Agreement properly and timely and that are not attributable to or are at the expense and risk of HASSING, such as fire, extreme weather influences, natural disasters, civil unrest, war, terrorism, even if this only affects third parties engaged in the execution of the agreement, such as a supplier of HASSING or a carrier.

  1. 3. If HASSING has already partially fulfilled its obligations when the situation of force majeure commences, or if it can only fulfil some of its obligations, it will be entitled to invoice the part already fulfilled or to be fulfilled separately. In that case, the CUSTOMER will be obliged to pay this invoice as if it were separate agreement.

12. Industrial and intellectual property rights

  1. 1. HASSING explicitly reserves any intellectual and/or industrial property rights (trademarks) in connection with the products it has delivered.
  2. 2. The CUSTOMER is not permitted to violate third-party intellectual and/or industrial property rights using products delivered by HASSING. The CUSTOMER indemnifies HASSING against any third-party claims by virtue of violations of intellectual and/or industrial property made with the use of products delivered by HASSING and which take place after HASSING has delivered the products to the CUSTOMER.

13. Applicable law

  1. 1. The legal relationship between HASSING and the CUSTOMER is governed by Dutch law. The Vienna Sales Convention does not apply.

14. Disputes

  1. 1. Disputes arising from an order, offer, quotation, or Agreement to which these General Terms and Conditions of Sale apply, including conflicts pertaining to these General Terms and Conditions of Sale, will exclusively be settled by the competent court in the district where HASSING is established.
  2. 2. In derogation from the provisions in paragraph 1 of this article, the parties may agree in writing to have the dispute settled by the competent court in a different district or opt for arbitration.