{"id":1039,"date":"2020-06-15T14:16:04","date_gmt":"2020-06-15T14:16:04","guid":{"rendered":"http:\/\/hihellocoupon.com\/?page_id=1039"},"modified":"2020-06-15T14:16:04","modified_gmt":"2020-06-15T14:16:04","slug":"terms-conditions","status":"publish","type":"page","link":"http:\/\/hihellocoupon.com\/fr\/terms-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"
<\/p>\n

GENERAL TERMS AND CONDITIONS\u00a0HiHello Coupon\u00a0<\/strong><\/p>\n

Definitions<\/strong><\/p>\n

    \n
  1. HiHello Coupon:\u00a0HiHello Coupon BV, established in\u00a0Leusden, Chamber of Commerce no.\u00a012345678.<\/li>\n
  2. Customer: the person with whom\u00a0HiHello Coupon\u00a0has entered into an agreement.<\/li>\n
  3. Parties:\u00a0HiHello Coupon\u00a0and customer together.<\/li>\n
  4. Consumer: a customer who is an individual acting for private purposes.<\/li>\n<\/ol>\n

    Applicability<\/strong><\/p>\n

      \n
    1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of\u00a0HiHello Coupon.<\/li>\n
    2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.<\/li>\n
    3. The parties expressly exclude the applicability of supplementary and\/or deviating general terms and conditions of the customer or of third parties.<\/li>\n<\/ol>\n

      Offers and quotations<\/strong><\/p>\n

        \n
      1. Offers and quotations from\u00a0HiHello Coupon\u00a0are without engagement, unless expressly stated otherwise.<\/li>\n
      2. An offer or quotation is valid for a maximum period of\u00a01 month\u00a0from its date, unless another acceptance period is stated in the offer or quotation.<\/li>\n
      3. If the customer does not accept an offer or quotation within the applicable time frame, the offer or quotation will lapse.<\/li>\n
      4. Offers and quotations do not apply to repeated orders, unless the parties have agreed upon this explicitly and in writing.<\/li>\n<\/ol>\n

        Acceptance<\/strong><\/p>\n

          \n
        1. Upon acceptance of a quotation or offer without engagement,\u00a0HiHello Coupon\u00a0reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without any obligations towards the customer.<\/li>\n
        2. Verbal acceptance of the customer only commits\u00a0HiHello Coupon\u00a0after the customer has confirmed this in writing (or electronically).<\/li>\n<\/ol>\n

          Prices<\/strong><\/p>\n

            \n
          1. All prices used by\u00a0HiHello Coupon\u00a0are in euros, are\u00a0exclusive of\u00a0VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.<\/li>\n
          2. HiHello Coupon\u00a0is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.<\/li>\n
          3. Parties may agree on a no-cure no-pay base payment.\u00a0Conditions of payment and fees will be agreed upon on in the underlying contract.<\/li>\n<\/ol>\n

            Payments and payment term<\/strong><\/p>\n

              \n
            1. HiHello Coupon\u00a0may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.<\/li>\n
            2. The customer must have paid the full amount within 7 days after delivery of the product.<\/li>\n
            3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without\u00a0HiHello Coupon\u00a0having to send the customer a reminder or to put him in default.<\/li>\n
            4. HiHello Coupon\u00a0reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.<\/li>\n<\/ol>\n

              Consequences of late payment<\/strong><\/p>\n

                \n
              1. If the customer does not pay within the agreed term,\u00a0HiHello Coupon\u00a0is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.<\/li>\n
              2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to\u00a0HiHello Coupon.<\/li>\n
              3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.<\/li>\n
              4. If the customer does not pay on time,\u00a0HiHello Coupon\u00a0may suspend its obligations until the customer has met his payment obligation.<\/li>\n
              5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of\u00a0HiHello Coupon\u00a0on the customer are immediately due and payable.<\/li>\n
              6. If the customer refuses to cooperate with the performance of the agreement by\u00a0HiHello Coupon, he is still obliged to pay the agreed price to\u00a0HiHello Coupon.<\/li>\n<\/ol>\n

                Suspension of obligations by the customer<\/strong><\/p>\n

                The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.<\/p>\n

                Settlement\u00a0<\/strong><\/p>\n

                The customer waives his right to settle any debt to\u00a0HiHello Coupon\u00a0with any claim on\u00a0HiHello Coupon.<\/p>\n

                Delivery<\/strong><\/p>\n

                  \n
                1. Delivery takes place while stocks last.<\/li>\n
                2. Delivery takes place at\u00a0HiHello Coupon\u00a0unless the parties have agreed upon otherwise.<\/li>\n
                3. Delivery of products ordered online takes place at the address indicated by the customer.<\/li>\n
                4. If the agreed price is not paid on time,\u00a0HiHello Coupon\u00a0has the right to suspend its obligations until the agreed price is fully paid.<\/li>\n
                5. In the event of late payment, the customer is automatically in default, and hereby he can not object to late delivery by\u00a0HiHello Coupon.<\/li>\n<\/ol>\n

                  Delivery period<\/strong><\/p>\n

                    \n
                  1. Any delivery period specified by\u00a0HiHello Coupon\u00a0is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.<\/li>\n
                  2. The delivery period starts after the customer has signed the agreement to\u00a0HiHello Coupon\u00a0and is confirmed in writing or electronically by\u00a0HiHello Coupon\u00a0to the customer.<\/li>\n
                  3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless\u00a0HiHello Coupon\u00a0cannot deliver within [number of days late] or if the parties have agreed upon otherwise.<\/li>\n<\/ol>\n

                    Actual delivery<\/strong><\/p>\n

                    The customer must ensure that the actual delivery of the products ordered by him can take place in time.<\/p>\n

                    Transport costs\u00a0<\/strong><\/p>\n

                    Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.<\/p>\n

                    Packaging and shipping<\/strong><\/p>\n

                      \n
                    1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which\u00a0HiHello Coupon\u00a0may not be held liable for any damage.<\/li>\n
                    2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to\u00a0HiHello Coupon, failing which\u00a0HiHello Coupon\u00a0cannot be held liable for any damage.<\/li>\n<\/ol>\n

                      Insurance<\/strong><\/p>\n

                        \n
                      1. The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:\n
                          \n
                        • goods delivered that are necessary for the execution of the underlying agreement<\/li>\n
                        • goods being property of\u00a0HiHello Coupon\u00a0that are present at the premises of the customer<\/li>\n
                        • goods that have been delivered under retention of title<\/li>\n<\/ul>\n<\/li>\n
                        • At the first request of\u00a0HiHello Coupon, the customer provides the policy for these insurances for inspection.<\/li>\n<\/ol>\n

                          Guarantee<\/strong><\/p>\n

                          When parties have entered into an agreement with services included, these services only contain best-effort obligations for\u00a0HiHello Coupon, not obligations of results.<\/p>\n

                          Performance of the agreement<\/strong><\/p>\n

                            \n
                          1. HiHello Coupon\u00a0executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.<\/li>\n
                          2. HiHello Coupon\u00a0has the right to have the agreed services (partially) performed by third parties.<\/li>\n
                          3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.<\/li>\n
                          4. It is the responsibility of the customer that\u00a0HiHello Coupon\u00a0can start the implementation of the agreement on time.<\/li>\n
                          5. If the customer has not ensured that\u00a0HiHello Coupon\u00a0can start the implementation of the agreement in time, the resulting additional costs and\/or extra hours will be charged to the customer.<\/li>\n<\/ol>\n

                            Duty to inform by the customer<\/strong><\/p>\n

                              \n
                            1. The customer shall make available to\u00a0HiHello Coupon\u00a0all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.<\/li>\n
                            2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.<\/li>\n
                            3. If and insofar as the customer requests this,\u00a0HiHello Coupon\u00a0will return the relevant documents.<\/li>\n
                            4. If the customer does not timely and properly provides the information, data or documents reasonably required by\u00a0HiHello Coupon\u00a0and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.<\/li>\n<\/ol>\n

                              Duration of the agreement<\/strong><\/p>\n

                                \n
                              1. The agreement between\u00a0HiHello Coupon\u00a0and the customer is entered into for the duration of\u00a012\u00a0months, unless it results otherwise from the nature of the agreement or if the parties have expressly agreed otherwise in writing.<\/li>\n
                              2. If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the term, unless 1 of the parties terminates the contract with due observance of a notice period of\u00a02\u00a0month(s), or if a consumer terminates the agreement with due observance of a notice period of 1 month \/ the agreement ends at the end of the fixed term.<\/li>\n
                              3. If the parties have agreed upon a term for the completion of certain activities, this is never a strict deadline, unless specified explicitly otherwise in writing. If this term is exceeded, the customer must give\u00a0HiHello Coupon\u00a0a written reasonable term to terminate the activities, before it may either terminate the contract or claim damages.<\/li>\n<\/ol>\n

                                Intellectual property<\/strong><\/p>\n

                                  \n
                                1. HiHello Coupon\u00a0retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, scale models, etc., unless parties have agreed otherwise in writing.<\/li>\n
                                2. The customer may not copy or have copied the intellectual property rights without prior written permission from\u00a0HiHello Coupon, nor show them to third parties and \/ or make them available or use them in any other way.<\/li>\n<\/ol>\n

                                  Penalties<\/strong><\/p>\n

                                    \n
                                  1. If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of\u00a0HiHello Coupon\u00a0an immediately due and payable fine of \u20ac 1000 if the customer is a consumer and \u20ac 5000 if the customer is a company,for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues.<\/li>\n
                                  2. No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.<\/li>\n
                                  3. The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of\u00a0HiHello Coupon\u00a0including its right to claim compensation in addition to the fine.<\/li>\n<\/ol>\n

                                    Indemnity<\/strong><\/p>\n

                                    The customer indemnifies\u00a0HiHello Coupon\u00a0against all third-party claims that are related to the products and\/or services supplied by\u00a0HiHello Coupon.<\/p>\n

                                    Complaints<\/strong><\/p>\n

                                      \n
                                    1. The customer must examine a product or service provided by\u00a0HiHello Coupon\u00a0as soon as possible for possible shortcomings.<\/li>\n
                                    2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform\u00a0HiHello Coupon\u00a0of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.<\/li>\n
                                    3. Consumers must inform\u00a0HiHello Coupon\u00a0of this within two months after detection of the shortcomings.<\/li>\n
                                    4. The customer gives a detailed description as possible of the shortcomings, so that\u00a0HiHello Coupon\u00a0is able to respond adequately.<\/li>\n
                                    5. The customer must demonstrate that the complaint relates to an agreement between the parties.<\/li>\n
                                    6. If a complaint relates to ongoing work, this can in any case not lead to\u00a0HiHello Coupon\u00a0being forced to perform other work than has been agreed.<\/li>\n<\/ol>\n

                                      Giving notice<\/strong><\/p>\n

                                        \n
                                      1. The customer must provide any notice of default to\u00a0HiHello Coupon\u00a0in writing.<\/li>\n
                                      2. It is the responsibility of the customer that a notice of default actually reaches\u00a0HiHello Coupon\u00a0(in time).<\/li>\n<\/ol>\n

                                        Joint and several Client\u00a0liabilities<\/strong><\/p>\n

                                        If\u00a0HiHello Coupon\u00a0enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to\u00a0HiHello Coupon\u00a0under that agreement.<\/p>\n

                                        Liability of\u00a0HiHello Coupon<\/strong><\/p>\n

                                          \n
                                        1. HiHello Coupon\u00a0is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.<\/li>\n
                                        2. If\u00a0HiHello Coupon\u00a0is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.<\/li>\n
                                        3. HiHello Coupon\u00a0is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.<\/li>\n
                                        4. If\u00a0HiHello Coupon\u00a0is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.<\/li>\n
                                        5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and can not lead to any compensation and\/or (partial) dissolution of the agreement and\/or suspension of any obligation.<\/li>\n<\/ol>\n

                                          Expiry period<\/strong><\/p>\n

                                          Every right of the customer to compensation from\u00a0HiHello Coupon\u00a0shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.<\/p>\n

                                          Dissolution<\/strong><\/p>\n

                                            \n
                                          1. The customer has the right to dissolve the agreement if\u00a0HiHello Coupon\u00a0imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.<\/li>\n
                                          2. If the fulfillment of the obligations by\u00a0HiHello Coupon\u00a0is not permanent or temporarily impossible, dissolution can only take place after\u00a0HiHello Coupon\u00a0is in default.<\/li>\n
                                          3. HiHello Coupon\u00a0has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give\u00a0HiHello Coupon\u00a0good grounds to fear that the customer will not be able to fulfill his obligations properly.<\/li>\n<\/ol>\n

                                            Force majeure<\/strong><\/p>\n

                                              \n
                                            1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of\u00a0HiHello Coupon\u00a0in the fulfillment of any obligation to the customer cannot be attributed to\u00a0HiHello Coupon\u00a0in any situation independent of the will of\u00a0HiHello Coupon, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from\u00a0HiHello Coupon\u00a0.<\/li>\n
                                            2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.<\/li>\n
                                            3. If a situation of force majeure arises as a result of which\u00a0HiHello Coupon\u00a0cannot fulfill one or more obligations towards the customer, these obligations will be suspended until\u00a0HiHello Coupon\u00a0can comply with it.<\/li>\n
                                            4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.<\/li>\n
                                            5. HiHello Coupon\u00a0does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.<\/li>\n<\/ol>\n

                                              Modification of the agreement<\/strong><\/p>\n

                                              If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.<\/p>\n

                                              Changes in the general terms and conditions<\/strong><\/p>\n

                                                \n
                                              1. HiHello Coupon\u00a0is entitled to amend or supplement these general terms and conditions.<\/li>\n
                                              2. Changes of minor importance can be made at any time.<\/li>\n
                                              3. Major changes in content will be discussed by\u00a0HiHello Coupon\u00a0with the customer in advance as much as possible.<\/li>\n
                                              4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.<\/li>\n<\/ol>\n

                                                Transfer of rights<\/strong><\/p>\n

                                                  \n
                                                1. The customer can not transfer its rights deferring from an agreement with\u00a0HiHello Coupon\u00a0to third parties without the prior written consent of\u00a0HiHello Coupon\u00a0.<\/li>\n
                                                2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.<\/li>\n<\/ol>\n

                                                  Consequences of nullity or annullability<\/strong><\/p>\n

                                                    \n
                                                  1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.<\/li>\n
                                                  2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what\u00a0HiHello Coupon\u00a0had in mind when drafting the conditions on that issue.<\/li>\n<\/ol>\n

                                                    Applicable law and competent court<\/strong><\/p>\n

                                                      \n
                                                    1. Dutch law is exclusively applicable to all agreements between the parties.<\/li>\n
                                                    2. The Dutch court in the district where\u00a0HiHello Coupon\u00a0is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.<\/li>\n<\/ol>\n

                                                      Drawn up on\u00a001 juni 2020.<\/p>\n

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