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Definition
In these Terms and Conditions, the following terms shall have the following meanings:
1. Entrepreneur: Hiki Webshop, located at Argonweg 39, 1362AB Almere, the Netherlands;
2. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities, and who enters into a distance contract with the Hiki Webshop;
3. Company: the trade-registered company that acts for purposes related to his/her commercial, trade, craft or professional activities, and that enters into a distance contract with the Hiki Webshop;
4. Client: Consumer or Company;
5. Technology for distance communication: a means to be used for concluding an agreement without the Client and the Entrepreneur being together in the same place at the same time, including (but not limited to) phone and internet;
6. Distance contract: a contract concluded by the Entrepreneur and the Client within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
7. Right of withdrawal: the Client’s option not to proceed with the distance agreement within the reflection period;
8. Reflection period: the period during which the Client may use his right of withdrawal, with a maximum duration of 14 days;
9. Day: calendar day;
10. Work day: Mondays to Fridays;
11. Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
12. Sustainable data carrier: any means, including email, that allow the Client or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
Applicability
1. These General Terms and Conditions apply to any offer from the Oriental Webshop and to any distance contract concluded by the Hiki Webshop and the Client.
2. Before concluding a distance contract, the Hiki Webshop shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Hiki Webshop shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
3. In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Client may always appeal to the applicable provision that is most favourable to him/her.
4. Contracts between the Hiki Webshop and the Client to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
The contract
1. Subject to the provisions in paragraph 6, the contract becomes valid when the Client has accepted the offer and fulfilled the terms and conditions set.
2. If the Client accepted the offer via electronic means, the Hiki Webshop shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Client may repudiate the contract.
3. If the contract is concluded electronically, the Hiki Webshop will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Client can pay electronically, the Hiki Webshop shall observe appropriate security measures.
4. Before delivering the product, the Hiki Webshop shall send the following information along with the product, the service or the digital content in writing or in such manner that the Client can store it in an accessible manner on a long-term data carrier:
5. In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.
6. The Hiki Webshop may, within the limits of the law, gather information about Client’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract.
7. If the Hiki Webshop has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
