General Terms and Conditions of Sale, Delivery and Payment
Head-Works Trading B.V., Dorpsstraat 25, 4511 EB Breskens, The Netherlands
Phone number: +31 117-385103
Email: headworks@kyone.nl
CoC: 64226417
VAT No.: NL8555.74.574.B01
Article 1: Definitions
In these General Terms and Conditions, the term "buyer" means: any natural person acting as a consumer, who places or intends to place an order via the Head-Works Trading B.V. webshop, and with whom Head-Works Trading B.V. has made an offer or concluded an agreement.
Article 2: Application of these conditions
- These general terms and conditions apply to all quotations made by Head-Works Trading B.V., all agreements concluded with the buyer, and all webshop orders issued to Head-Works Trading B.V., as well as to all rights and obligations arising therefrom.
- Any general terms and conditions of the buyer shall only apply if Head-Works Trading B.V. has explicitly agreed to them in writing.
- Agreements or commitments that deviate from these conditions are only binding if they have been explicitly confirmed in writing by Head-Works Trading B.V.
Article 3: Quotations, Offers, Orders
- All quotations and/or offers made by or on behalf of Head-Works Trading B.V. are, unless explicitly agreed otherwise, entirely without obligation and may be withdrawn at any time, provided no confirmation of the order has yet been issued by Head-Works Trading B.V.
- If a non-binding offer is accepted by the buyer, Head-Works Trading B.V. has the right to revoke this offer within 2 working days after receiving such acceptance.
- Orders placed via the webshop become binding only after written confirmation (including by email) from Head-Works Trading B.V. or once shipment has been initiated.
- After an agreement has been concluded, it may only be amended or cancelled with the written consent of Head-Works Trading B.V. and under terms set by Head-Works Trading B.V.
- All additional services, requests or deliveries of any kind requested by the buyer shall be regarded as a modification of the original order and shall be invoiced accordingly.
- Catalogues, brochures, and general product descriptions are carefully compiled, but no rights may be derived from them.
- Images, illustrations, technical specifications and sizes accompanying offers or displayed on the webshop provide a general representation of the articles offered. Changes in design that do not materially affect the function or appearance of the goods do not entitle the buyer to refuse receipt or claim compensation.
- All images and documents provided by Head-Works Trading B.V. remain its property and must be returned immediately upon request. If not returned, the buyer will owe compensation as determined by Head-Works Trading B.V.
Article 4: Delivery, Risk and Liability
- The goods shall be at the risk of Head-Works Trading B.V. until the moment they have been delivered to the buyer at the delivery address provided during checkout.
- Free delivery is only provided for webshop orders exceeding €200 (including VAT), except for shipments to Norway and Australia. For these countries, shipping costs apply regardless of the order amount.
- Orders below €200 are subject to shipping costs, which are displayed during checkout and confirmed on the invoice.
- The buyer is obligated to inspect the goods immediately upon receipt and to report any visible damage or defects within 7 calendar days after delivery. Reports must include clear visual evidence (photos or video) and be submitted in writing to Head-Works Trading B.V.
- Delays in delivery due to circumstances outside the control of Head-Works Trading B.V. shall not be at its expense, unless such delay is demonstrably caused by its fault.
- Delivery times stated by Head-Works Trading B.V. are indicative and not binding. If delivery is delayed, a reasonable new period shall be agreed upon before any remedy is initiated.
- The buyer is obliged to accept the goods at the time they are delivered or made available. If the buyer refuses to take delivery without valid reason, all additional costs (including storage, administration and redelivery fees) shall be borne by the buyer. This obligation applies for a maximum of one month, after which Head-Works Trading B.V. may cancel the agreement and resell the goods to another party.
- If, at the request of the buyer, goods are delivered directly to a third party, delivery shall take place at ground level at a location accessible to a delivery vehicle. Special handling fees may apply.
- Unless collected by the buyer, the mode of transport is determined by Head-Works Trading B.V. If the buyer requests a different method, any additional costs shall be borne by the buyer.
Article 5: Prices
- All prices listed on the webshop are inclusive of VAT unless explicitly stated otherwise.
- Shipping costs are calculated separately unless the order qualifies for free shipping as stated in Article 4.
- Price changes due to external circumstances (such as changes in VAT rates, transport tariffs, or supplier pricing) may be applied after the agreement is concluded, provided they are justified and notified in advance.
Article 6: Retention of Title
- The delivered goods remain the property of Head-Works Trading B.V. until the buyer has fulfilled all payment obligations.
- Until the transfer of ownership, the buyer may not resell, pledge, or otherwise dispose of the goods other than in accordance with their ordinary use.
- Head-Works Trading B.V. retains the right to access and reclaim the goods if payment is not made in full and the buyer shall cooperate accordingly.
Article 7: Complaints
- Any complaints regarding defective or damaged goods must be submitted in writing to Head-Works Trading B.V. within 7 calendar days of delivery, accompanied by visual evidence.
- Complaints submitted after this period will not be accepted unless the buyer proves that the defect could not have been discovered earlier.
- Filing a complaint does not suspend the buyer’s payment obligation.
Article 8: Force Majeure
- Head-Works Trading B.V. is not liable for any failure to perform its obligations if this is due to circumstances beyond its control, including but not limited to war, strikes, natural disasters, pandemics, or interruptions in transport.
- In such cases, Head-Works Trading B.V. is entitled to suspend or dissolve the agreement without judicial intervention.
Article 9: Payment
- Payment must be made in full at the time of ordering through one of the offered payment methods.
- Invoices are considered correct unless disputed in writing within 14 days.
- In the event of late payment, Head-Works Trading B.V. is entitled to charge default interest and extrajudicial collection costs in accordance with Dutch law.
Article 10: Right of Retention
If Head-Works Trading B.V. holds goods belonging to the buyer (e.g. returns), it may suspend the delivery of those goods until outstanding payments have been made.
Article 11: Buyer’s Obligations
The buyer must ensure that all data necessary for correct processing and delivery of the order is complete and accurate. Failure to do so may result in delays or cancellation.
Article 12: Fulfilment of the Order
- Head-Works Trading B.V. is committed to fulfilling every order in a professional and timely manner.
- If the order cannot be fulfilled due to factors beyond its control, Head-Works Trading B.V. will offer a suitable solution, which may include a refund or replacement.
Article 13: Warranty
- Products are covered by the statutory warranty period applicable under Dutch and EU consumer law.
- Warranty claims will only be processed if the buyer has met all payment obligations.
- Damage resulting from misuse, neglect, or unauthorized modification is excluded from warranty.
Article 14: Right of Withdrawal (Returns)
- The buyer has the right to withdraw from the purchase within 14 calendar days of receiving the goods, without providing any reason.
- To exercise the right of withdrawal, the buyer must notify Head-Works Trading B.V. in writing and return the goods within 14 days after this notification.
- The return shipment is at the buyer’s own cost and risk.
- Returned products must be unused, undamaged, and in original packaging.
- Refunds will be issued within 14 days after receipt and inspection of the returned goods.
Article 15: Governing Law and Jurisdiction
All agreements and disputes arising from them are governed exclusively by Dutch law. Any disputes shall be submitted to the competent court in the Netherlands, unless mandatory law provides otherwise.