TERMS AND CONDITIONS

General terms and conditions of sale and delivery of Hikaya, B2C and B2B, version 2022.

Table of contents
About Hikaya

Article 1 – Definitions

Article 2 – Applicability

Article 3 – Quotation

Article 4 – Shipment and delivery

Article 5 - Obligations of the entrepreneur buyer

Article 6 – Changes and additional/less work

Article 7 – Execution of the agreement
Article 8 – Payment

Article 9 – Retention of title

Article 10 – Right of withdrawal consumer buyer

Article 11 – Costs in case of withdrawal

Article 12 – Exclusion of withdrawal

Article 13 – Obligation, right and complaint to investigate

Article 14 – Force majeure

Article 15 – Liability

Article 16 – Applicable law and choice of forum

About Hikaya
- Hikaya means in the old Turkish philosophy ''true story'' or; true story;
- Hikaya originated from entrepreneurial drive, friendship and a shared vision;
- it is our mission to balance the living environment, body and mind of our users

to help restore, by creating luxurious, sustainable and unique products;
- our main value is balance and we want to radiate this in everything we do;
- we supply products that can bring and maintain internal balance and
products that can bring and maintain the external balance;
- in order to also respect the reasonable balance between the rights and obligations of our customers and ourselves, we describe below the conditions under which we enter into an agreement.

Article 1 – Definitions

In these terms and conditions:
Supplier: Hikaya, address: Alexanderstraat 4, The Hague, telephone number: 085 2006395 , email address: info@hikaya.com Chamber of Commerce number: 83328254 .;
( Consumer) buyer: the natural person who does not act in the exercise of a profession or business and who enters into a (distance) agreement with Hikaya;

(Entrepreneurial) buyer : the legal person or natural person who concludes a (distance) agreement with Hikaya on account of a profession or business;

Distance Agreement: an agreement whereby, within the framework of a system organized by Hikaya for the distance sale of products, up to and including the conclusion of the agreement, use is made of one or more techniques for distance communication;

Technique for distance communication: means that can be used to conclude an agreement, without the consumer buyer and Hikaya simultaneously meeting in the same room;

Reflection period: the period within which the consumer buyer can make use of the right of withdrawal;

Right of withdrawal: the option for the consumer buyer to waive the distance contract within the cooling-off period;

Durable data carrier: any means that enables parties to store information that is personally addressed in a way that allows future consultation and unaltered reproduction of the stored information;

Force majeure: any circumstance with which the parties could not reasonably have been aware at the time of entering into the agreement and which arise due to causes beyond the fault or risk of one of the parties, such as war, danger of war, (natural) disasters, non-delivery or late delivery of goods and services by third parties, strikes, blockades, business interruptions.

Article 2 – Applicability

These general terms and conditions apply to every offer from Hikaya and to every (distance) agreement concluded between the parties.
Before the (remote) agreement is concluded, the text of these general terms and conditions will be made available. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions

can be viewed at Hikaya and they will be sent free of charge as soon as possible at the request of the consumer buyer.

If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer buyer electronically in such a way that the consumer purchaser can can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer buyer electronically or otherwise.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer buyer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. is.

Article 3 – Quotation

All offers are without obligation, unless Hikaya has stated otherwise in the offer or quotation.
2. The prices in the mentioned offers and quotations are inclusive of VAT, but exclusive of any other costs to be incurred in the context of the agreement, including shipping and administration costs, unless stated otherwise.
3. Offers and quotations do not automatically apply to future assignments.
A surcharge applies for the delivery at all times for entrepreneurial buyers. The entrepreneurial buyer is thus - even if this is not expressly stated in the quotation - delivered at the applicable freight rate ex works.
5. Hikaya will send the following information to the consumer buyer with the product or service, in writing or in such a way that it can be stored by the consumer buyer in an accessible manner on a durable data carrier:
the address of the Hikaya branch where the consumer buyer can go with complaints;
the conditions under which and the manner in which the consumer buyer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about existing after-sales service and about existing warranties.

Article 4 – Shipment and delivery

Delivery cannot be made to a PO box.
Shipping costs upon delivery: with a consumer order up to € 50, costs for shipping will be charged, with a consumer order with an order value above
€ 50, - no shipping costs will be charged.
3. The delivery times specified by Hikaya are only indicative. Hikaya is only in default in this respect after the entrepreneurial buyer has given her notice of default.
Any delivery that takes place later than agreed does not suspend the payment obligation on the part of the buyer.
If the delivery is delayed, or if an order cannot or only partially be executed, the consumer buyer will be notified of this no later than one month after he has placed the order. In that case, the consumer buyer has the right to dissolve the agreement without costs. In the event of dissolution in accordance with the previous paragraph, Hikaya will refund the amount paid by the consumer buyer as soon as possible, but no later than 14 days after dissolution.
Delivery takes place ex warehouse. The risk of any product is transferred to the entrepreneur at the time of delivery.

Article 5 – Obligations of the entrepreneurial buyer

Entrepreneurial Buyer is obliged to provide Hikaya with all information in a timely manner, which Hikaya deems necessary for the proper execution of the agreement. The offer is based on the information provided by the entrepreneur buyer for this purpose, whereby Hikaya may rely on the correctness and completeness thereof. The information provided by the business buyer will serve as a starting point for the conclusion of the agreement.
Entrepreneurial Buyer guarantees and bears the (financial) risk of the correctness, completeness and reliability of the information provided to Hikaya, even if it originates from third parties.
If the information required for the execution of the agreement has not been provided to Hikaya in time, Hikaya has the right to suspend the execution of the agreement and to charge the entrepreneur buyer with the extra costs resulting from the delay - in accordance with Hikaya's usual rates. to take.
Entrepreneurial Buyer must ensure that the work to be performed by third parties,

which are not part of the work agreed with the Hikaya, are carried out in such a way and in such a timely manner that the execution of the work is not delayed.
5. After placing the order, the business buyer is obliged to purchase the product. Due to the production process, it is not possible for Hikaya to cancel an order that has already been placed.
6. If the entrepreneurial buyer still cancels the order, the entrepreneurial buyer will owe a fine of 30% if cancellation is made up to two months before the delivery date and 40% up to one month before the delivery date: this penalty amount will not be deducted from the advance already paid and both amounts are progress side by side.
7. Hikaya's products concern products in the very luxury segment. After delivery, the entrepreneurial buyer is not allowed to trade the products (online) via third-party websites, nor is it allowed to offer the products at a discount - which creates direct competition with Hikaya-. When Hikaya finds activities contrary to this paragraph, no more will be delivered to this entrepreneurial buyer.

Article 6 – Changes and additional/less work

Changes in the (execution of the) agreement still desired by the entrepreneur after the assignment has been given or the agreement with Hikaya has been concluded, must be reported to Hikaya in writing by the entrepreneur before Hikaya starts with the execution of the agreement. made the agreement. These changes only become part of the agreement concluded between Hikaya and the entrepreneur buyer after Hikaya has accepted these changes in writing, or has started the implementation thereof.
If, in the opinion of Hikaya, the changes desired by the entrepreneurial buyer make a proper execution of the agreement impossible, Hikaya is entitled to dissolve the agreement with the entrepreneurial buyer extrajudicially on this ground. In this case, Hikaya is not liable for any damage suffered by the entrepreneur buyer as a result, of whatever nature and extent. Problems arising from the changes are always at the expense and risk of the business buyer.
If Hikaya accepts the changes to the original agreement or has started the implementation thereof, the entrepreneurial buyer is obliged to pay all resulting (additional) costs to Hikaya as costs of additional work, without prejudice to the other payment obligations of the entrepreneurial buyer with regard to the agreements with Hikaya. concluded agreement.
If the said changes result in a delay in the implementation of the agreement, the terms specified by Hikaya will be extended by the period of the delay. Hikaya is never liable towards the entrepreneur buyer with regard to the resulting delay.
If Hikaya believes that additional work is involved, it will notify the entrepreneur buyer of this in writing as soon as possible. Hikaya will also give the entrepreneur buyer an indication of the consequences for the term of completion of the implementation of the agreement, as well as of the costs associated with the additional work.
If the entrepreneurial buyer has not made it known within four (4) working days after receipt of the notification from Hikaya referred to in paragraph 5 that he objects to the additional work, the entrepreneurial buyer is deemed to have accepted this additional work and the entrepreneurial buyer is obliged to pay the resulting ( additional) costs to Hikaya.

Article 7 – Execution of the agreement

If and insofar as a proper execution of the agreement requires this, Hikaya has the right to have work carried out by third parties. Section 6:76 of the Dutch Civil Code is excluded.
If it has been agreed that the agreement will be executed in phases, Hikaya can suspend the execution of those parts that belong to a subsequent phase until the client has approved the results of the preceding phase in writing.

Article 8 – Payment

Unless otherwise agreed, the amounts due must be paid within fourteen days of the invoice date.
Hikaya always has the right to a down payment of 30% of the total order with entrepreneurial buyers.
3. In the event of non-payment, Hikaya has the right, subject to legal restrictions, to charge the reasonable costs made known to the buyer in advance. What is stated in this regard in these terms and conditions applies as made known.
If the buyer defaults in the timely and/or full payment of an invoice, then

the business buyer is legally in default. The consumer buyer will then be given notice of default, which will result in default. After default, the buyer will owe the statutory (commercial) interest per month or proportionate part of a month.

If it concerns a consumer buyer, a reminder summons will allow one more period of fifteen days for payment, without the extrajudicial collection costs becoming due. The total sum of the extrajudicial collection costs is already stated on the reminder.
If the buyer is in default or in default in the (timely) fulfillment of his obligations,

then all reasonable costs incurred in obtaining payment out of court will be borne by the buyer. The extrajudicial costs are calculated on the basis of Rapport Voorwerk II

for the entrepreneurial purchaser and the regulation applicable in the Decree on the Standardization of Compensation for Extrajudicial Collection Costs 2012 for the Consumer Purchaser.

Article 9 – Retention of title

The ownership of delivered products is only transferred if the buyer has paid all that is owed to this or to related third parties on the basis of any agreement with Hikaya. This also includes the statutory (commercial) interest, as well as the extrajudicial collection costs that have become due.
Products are deemed not to have been paid for until the buyer has demonstrated payment.
The buyer is obliged to show the goods to Hikaya at Hikaya's first request and to return them if required in the event of payment default and in the cases referred to in the paragraph below. The costs associated with the return are the responsibility of the buyer.
The buyer is not authorized to alienate or encumber the goods subject to retention of title. The buyer is only permitted to sell and transfer the said goods to third parties within the framework of normal business operations. This permission expires by operation of law at the time that the buyer fails in any way with regard to the claims for which the retention of title applies, obtains a provisional suspension of payments or is declared bankrupt. The buyer may under no circumstances use the goods subject to retention of title as security for third-party claims.
The buyer must always do everything that may reasonably be expected of him to secure the property rights of Hikaya.
If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the buyer is obliged to immediately inform Hikaya thereof.
In the event that Hikaya wishes to exercise the property rights referred to in this article, the buyer gives unconditional and irrevocable permission in advance to Hikaya and third parties to be designated by it to enter all those places where Hikaya's property is located and to take back those items. .

Article 10 – Right of withdrawal consumer buyer

In the case of distance purchases, the consumer buyer has the option of dissolving the contract without giving any reason during fourteen days. The buyer can use the online return form or the email address:…retour@hikaya.com? to use. This cooling-off period starts on the day after receipt of the product by the consumer buyer or a representative designated in advance by the consumer buyer and announced to Hikaya.
During the cooling-off period, the consumer buyer will handle the product and the packaging with care. The product will only be unpacked or used to the extent necessary to assess whether the consumer buyer wishes to keep the product. If the consumer purchaser makes use of the right of withdrawal, the product will be returned to Hikaya with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the Hikaya. The instructions for candles are that they are undamaged and therefore not lit before they are packed for return delivery. With the supplements, each seal must be intact.
The right of withdrawal, the right to suspension and set-off are excluded for entrepreneurial buyers.

Article 11 - Costs in case of withdrawal

If the consumer purchaser makes use of the right of withdrawal, the costs of the return shipment will be borne at most.
If the consumer buyer has paid an amount and the products are in the correct condition - in accordance with Article 10 - upon return, Hikaya will refund this amount as soon as possible, but no later than fourteen days after the return or cancellation.

Article 12 - Exclusion right of withdrawal

Hikaya excludes the consumer buyer's right of withdrawal insofar as provided for in paragraph 2. The exclusion of the right of withdrawal only applies if Hikaya clearly states this in the offer,

at least in good time before concluding the agreement. What is described in this regard in these terms and conditions is considered to be stated as such.

Exclusion of the right of withdrawal applies to products:
which have been created by Hikaya in accordance with specifications (including custom-made) of the consumer purchaser;
that are clearly personal in nature;
which cannot be returned due to their nature;
d. that do not comply with the instructions as stated in Article 10;
to which work has already been carried out by third parties.

Article 13 – Duty of investigation, law and complaints

The buyer is obliged to examine the delivered goods immediately at the moment the goods are made available. In doing so, the buyer should examine whether the quality and/or quantity of the delivered goods corresponds to what has been agreed and meets the requirements that the parties have agreed on in this regard.
If the complete shipment is signed for, Hikaya assumes that the delivery has been complete, unless proof to the contrary is provided.
Any visible defects must be reported to Hikaya in writing within seven (7) days or within a reasonable period of time after delivery. Any non-visible defects must be reported to Hikaya in writing immediately, but in any case no later than within seven (7) days, or within a reasonable period of time after discovery thereof. The report must contain a detailed description of the defect (if possible supported by photo material), so that Hikaya is able to respond adequately.
The buyer must give Hikaya the opportunity to investigate a complaint.
In the event of a dispute between the buyer and Hikaya, the complaint can be investigated by an independent third party. In the case of an entrepreneurial buyer, the associated shipping and research costs will be borne by the latter.
If in that case, after investigation, it appears that Hikaya has handled the case incorrectly, the aforementioned shipping and research costs will be reimbursed to the entrepreneur.
If it is established that an item is defective and a complaint has been made in this regard in time, the

Hikaya will replace the defective item within a reasonable period of time after its return or, if return is not reasonably possible, give written notice of the defect by the buyer, at the option of Hikaya, or arrange for its repair or replacement compensation to the buyer. to fulfil. In the event of replacement, the buyer is obliged to return the replaced item to Hikaya and to transfer ownership thereof to Hikaya, unless Hikaya indicates otherwise.

Article 14 - Force majeure

In case of permanent force majeure, Hikaya is entitled to dissolve the agreement with the entrepreneur buyer by means of a written statement and without judicial intervention. Hikaya is in this respect not liable towards the entrepreneurial buyer for any damage suffered by the entrepreneurial buyer, of whatever nature and extent.
In the event of temporary force majeure, Hikaya is entitled to extend the terms within which the agreement must be performed by the time during which the temporary impediment applies. If the aforementioned hindrance lasts longer than six months, the entrepreneurial buyer can demand (partial) dissolution of the agreement, without the entrepreneurial buyer being entitled to compensation, without prejudice to the (payment) obligations of the entrepreneurial buyer with regard to the part already performed by Hikaya of the agreement.
If Hikaya has already partially fulfilled its obligations at the commencement of the force majeure or can only partially fulfill its obligations, Hikaya is authorized to invoice separately the part of the agreement that has already been performed or the part to be performed.

Article 15 – Liability

Hikaya is only liable for direct damage suffered by the entrepreneur buyer insofar as this damage is covered by Hikaya's liability insurance.
Hikaya is not liable for any damage suffered or to be suffered by the entrepreneur buyer (or third parties), of whatever nature and/or size, related to or arising from the execution of the agreement, including damage to the property of the entrepreneur buyer or goods belonging to third parties, as well as indirect damage, including, for example, trading loss, consequential damage, lost profit, lost savings and damage due to business interruption, unless there is intent or equivalent gross negligence on the part of Hikaya.
Hikaya is never liable towards the business buyer for damage and/or costs, of whatever nature and/or size, that are in any way related to or arise from acts, omissions, errors and/or the quality of the work delivered by third parties that have been engaged by Hikaya in the implementation of the agreement.
If and insofar as, despite the provisions of the aforementioned paragraphs, any liability towards the entrepreneurial buyer should appear to rest on Hikaya in whatever capacity and/or for whatever reason, this liability is limited to a maximum of the invoice amount (excluding sales tax), which is payable to entrepreneurial buyer in has been charged for the delivered products in which the cause of the damage lies, with a maximum of

€2,500.00. The foregoing is subject to exception in the event of intent or equivalent gross negligence on the part of Hikaya. A series of related claims/events counts as one claim/event.

The entrepreneurial buyer indemnifies Hikaya against all claims from third parties with regard to damage in connection with the agreements executed by Hikaya, unless it is legally established that these claims are the result of intent or equivalent gross negligence on the part of Hikaya and the entrepreneurial buyer also demonstrates that he is not at fault in this regard.
Hikaya is never liable for damage resulting from incorrect use of the product. Consultation with a doctor should always take place if the supplements are taken in combination with medication.
Hikaya is also never liable for damage resulting from advice given. Advice is always given on the basis of the facts and circumstances known to Hikaya and in mutual consultation, whereby Hikaya always takes the intention of the buyer as a guideline and starting point.
Hikaya guarantees that the products comply with the legal provisions and/or government regulations as applicable in the European Union, in Belgium and in the Netherlands. The regulations in other (member) states may deviate from this.
9. The provisions of this article do not affect the rights and claims of the consumer buyer.

Article 16 – Applicable law and choice of forum

Dutch law applies to all agreements concluded by or with Hikaya.
With regard to all disputes arising from this agreement, the court of the location of Hikaya has jurisdiction, unless another court has mandatory jurisdiction under the law.