| terms & conditions

1. GENERAL

1.1       The General Terms and Conditions of Hey Chaley (now called Conditions) apply to all offers, products, orders, agreements and deliveries of Hey Chaley.

1.2       By ordering an article you agree to the following mentioned conditions.

1.3       By placing an order you agree to the following mentioned conditions. Hey Chaley reserves the right to change its delivery and / or payment conditions after the expiry of the term.

1.4       Unless otherwise written agreement, the general or specific conditions or stipulations of third parties are not acknowledged by Hey Chaley.

1.5       Hey Chaley guarantees that the delivered product meets the agreement and meets the specifications stated in the offer.

2.     PAYMENT AND PAYMENT METHODS

2.1       For payments, we work with Pay Pro and we accept iDeal and PayPal. The secured payment will be debited and cleared from your account upon dispatch of your order Hey Chaley. You confirm that the information that is being used is yours or that you have been specifically authorized by the owner to use it.

2.2       If Hey Chaley posts, accidentally, an incorrect price on the website – and it is clear that it is a mistake – we have the right to adapt. Even though you already ordered the article.

3.     DELIVERY & SHIPPING

3.1       Delivery takes place as long as the items are in stock.

3.2       In context to the rules of the law on distance selling, Hey Chaley will execute orders at least within 30 days. If delivery is not possible (because the order is not (no longer) in stock or is not (anymore) available), or for other reasons there is a delay or an order cannot or only partially be executed, the consumer will receive a message within 1 month after placing the order and has the right to cancel the order without costs and notice of default.

3.3       The delivery address is the what the customer has made clear to Hey Chaley when placing the order via www.heychaley.nl.

3.4       All delivery terms mentioned on the internet site are indicative. No rights can therefore be derived from the terms mentioned.

After ordering a product, you will receive your insured DHL package including Track & Trace within 1 week (delivery time up to max. 5 working days). If you are ordering from abroad, orders within Europe will take 1-2 weeks (delivery time up to max. 10 working days). Delivery costs within the Netherlands €7,25.

3.5       If you are not available when your parcel arrives, the carrier will leave a note telling where it is. Parcels might be left in a safe place where applicable, otherwise the carrier will provide details on where to collect your order or how to rearrange delivery. Please note: During public holidays, new collections and sale period, the delivery times may be longer than usual.

3.6       If you accidentally entered an incorrect delivery address – and there are therefore extra costs – we calculate these additional costs on to you.

3.7       Hey Chaley sends packages through an insured DHL parcel. Up to and including the delivery Hey Chaley bears the responsibility for the order. After the delivery, the responsibility will be transferred to the customer.

4.     PRICES

4.1       Prices will not be increased within the duration of the offer, unless statutory measures make this necessary or the producer makes interim price increases.

4.2       All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors.

4.3       All prices on the site are in Euros and include 21% VAT.

4.4       Delivery costs within the Netherlands are €7,25 (insured DHL parcel service).

5.     APPROVAL PERIOD / RIGHT OF WITHDRAWEL

5.1       Hey Chaley strives that all costumers are happy with their purchase. However, we advise you to check your article within seven workdays after receipt.

5.2       In case of a customer purchase, in accordance with the Distance Selling Act (Section 7:5 Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 14 days without giving any reason. This period starts at the moment the ordered items are delivered. If the customer has not returned the goods delivered to Hey Chaley after this period, the purchase is a fact. Before returning a package, the customer is obligated to send a written notification to Hey Chaley, within a period of 14 days after delivery. The customer must prove that the delivered goods have been returned in time, for example by means of proof of mail delivery. Return of the goods must be in the original packaging (including accessories and attached documentation) and in new condition.

5.3       If the goods have been used by the buyer, or damaged in any way, the right to dissolution within the meaning of this paragraph will lapse. With due observance of what has been stipulated in the previous sentence, Hey Chaley will ensure that within 14 working days after good receipt of the returned product, the full purchase price including the calculated shipping costs will be refunded to the customer. The return of the delivered goods is entirely at the expense and risk of the buyer.

5.4       The right of withdrawal does not apply to:

• Services whose implementation, with the approval of the customer, has begun for the period of seven working days;
• Goods or services whose price is subject to fluctuations on the financial market, on which the supplier has no influence;
• Goods that have been manufactured according to the customer’s specifications, for example custom made, or that have a clearly personal character;
• Goods or services which by their nature cannot be returned, for example personal hygiene or fresh food products;
• Audio and video recordings and computer software of which the customer has broken the seal;
• If the consumer uses his right of withdrawal, the costs for return shipment will always be charged to the customer.

Return address:

Hey Chaley

Camera Obscuradreef 19

3561 XK Utrecht

The Nederlands

Hey Chaley reserves the right to refuse returned items.

6.     DATA MANAGEMENT / PRIVACY

6.1       If you place an order on www.heychaley.nl, your details will be saved in the Hey Chaley customer base. Hey Chaley adheres to the Personal Records Act and will not provide your details to third parties.See our Privacy Policy.

6.2       Hey Chaley respects the privacy of the users of the internet site and ensures confidentiality of your personal data.

6.3       Hey Chaley uses a (signup) mailing list in some cases. Each mailing contains instructions to remove yourself from this list.

7.     WARRANTY

7.1       Hey Chaley guarantees that the delivered product(s) meet the standards of usability, reliability and durability as intended by all involved parties of the purchase agreement, and is therefore responsible for the warranty of the delivered product.

7.2       The warranty Hey Chaley corresponds with the warranty period of the producer. Hey Chaley is never responsible for the final product fit for each individual application by the customer, nor for any advice regarding the use or application of the goods.

7.3       The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is wrong, inadequate or incomplete, then the customer (before proceeding to return to Hey Chaley) must immediately report these defects in writing to Hey Chaley. Any defects or incorrectly delivered goods must be reported in writing to Hey Chaley up ot and including 7 days after delivery. Return of goods must be in original packaging (including accessories and documentation) and in new condition. Commissioning after detection of failure, damage occurring after detection of failure, encumbrance and / or resale after detection of failure, does the right to complain and return completely invalid.

7.4       If the customer complaints are found justified by Hey Chaley, Hey Chaley will at its option: or replace the delivered goods free of charge, or make a written arrangement with the buyer about the compensation, with the proviso that the liability of Hey Chaley and consequently the amount of the compensation is always limited to a maximum of the invoice amount of the relevant goods, or (at the choice of Hey Chaley) to the maximum of the particular case by the liability insurance of the amount covered by Hey Chaley. Any liability of Hey Chaley for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential loss or damage due to lost profits.

7.5       Hey Chaley is not liable for damage caused by intent or equivalent conscious recklessness of non-managerial staff.

7.6        The warranty is void if the product shows a defect which is caused by improper use, if you or others have made or attempted to make changes to the product or used it in a way for which the article is not intended. In other words, the warranty does not apply if: A) and as long as the customer is in default towards Hey Chaley; B) the customer has repaired the delivered goods himself and / or processed or has third parties repaired and / or processed the goods; C) the delivered goods have been exposed to abnormal circumstances or have otherwise been handled carelessly or have been treated in violation of the instructions for use from Hey Chaley on the packaging or website;

8.     SALE

8.1       Offers are not binding unless otherwise stated in the offer.

8.2       Upon acceptance of a non-committal offer by the buyer, Hey Chaley reserves the right to revoke or deviate from the offer within the period of 3 working days after receipt of that acceptance.

8.3       Verbal commitments in relation to Hey Chaley are only binding after they have been explicitly confirmed in writing.

8.4       Hey Chaley offers do not automatically apply to repeat orders.

8.5       Hey Chaley can not be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or error.

8.6       Additions, changes and / or further agreements are only valid if agreed in writing.

9.     AGREEMENT AND ORDER

9.1       An order agreement becomes binding once the customer placed its order on the website in the web shop and after assessment on feasibility by Hey Chaley. Hey Chaley will process the order after the payment. Until that time Hey Chaley will remain the full owner of the articles.

9.2       Hey Chaley reserves the right to refuse orders or assignments without giving reasons or to accept them exclusively on the condition that the shipment is made cash on delivery or after payment in advance.

9.3       Hey Chaley is authorized to carry out a check in the case of an order that opts for payment afterwards or a Credit Card. Based on this check, Hey Chaley can offer an alternative payment method or cancel the order. In the case of larger amounts, Hey Chaley can stipulate that the order will be sent cash on delivery. In this case, Hey Chaley pays the Cash On Delivery (COD) costs.

9.4       Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after delivery of the goods.

9.5       To confirm the order the customer will receive an email to the provided email address If one, by accident, did not receive an e-mail (check spam folder), the order is still operative.

9.6       All prices are displayed in Euro and include VAT (21%).

10. COPYRIGHT PHOTOS AND IMAGES

10.1    All photos and images displayed by Hey Chaley are copyrighted. Without written permission from Hey Chaley, photos and graphics cannot be reproduced and publicly used.

10.2    Images on the website can always be slightly different from reality.

10.3    Hey Chaley has the right to change texts and images on the website, without giving notice first.

11. FORCE MAJEURE

11.1    Hey Chaley is not liable, if and to the extent that its obligations can not be fulfilled due to force majeure.

11.2    Force majeure means any strange cause, as well as any circumstance, which should in reason not come at its own risk. Delay or default by our suppliers, disruptions in the Internet, electricity failures, malfunctions in e-mail traffic and malfunctions or changes in technology provided by third parties, transport problems, strikes, government measures, delays in the supply and/or delivery, negligence of suppliers and / or manufacturers of Hey Chaley as well as auxiliary people, sickness of personnel, defects in auxiliary or transport vehicles are expressly regarded as force majeure.

11.3    In case of majeure, Hey Chaley reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to claim that the content of the agreement is amended in such a way that execution remains possible. Under no circumstances is Chaley liable to pay any penalty or compensation.

11.4    If Hey Chaley has already partially fulfilled its obligations on the occurrence of the force majeure, or can only partially meet its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as if it concerned a separate contract. However, above mentioned does not apply if the already delivered or deliverable part does not have an independent value.

12. LIABILITY

12.1    Hey Chaley is not liable for damage to vehicles or other objects caused by improper use of the products. Before use, read the instructions on the packaging and / or consult our website.

13. RETENTION OF OWNERSHIP

13.1    Ownership of all goods sold and delivered by Hey Chaley to the buyer remains with Hey Chaley as long as the customer has not paid the claims of Hey Chaley under the agreement or earlier or later similar agreements, as long as the customer has not yet fulfilled the work performed or to be performed from this or similar agreements and as long as the customer has not paid the claims of Hey Chaley due to shortcomings in the fulfillment of such obligations, including claims relating to penalties and/or fines, interest and costs, as referred to in Section 3:92 Dutch Civil Code.

13.2    The goods delivered by Hey Chaley which fall under the retention of title may only be resold within the framework of normal business operations and may never be used as a means of payment.

13.3    The customer is not authorized to pledge the goods falling under the retention of title nor encumber them in any other way.

13.4    The customer gives unconditional and irrevocable consent to Hey Chaley, or a third party to be appointed by Hey Chaley, that if wished, in all cases, to exercise her property rights and therefore to enter all sites where her properties will be located and to bring along the items there.

13.5    If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged to notify Hey Chaley as soon as reasonably may be expected to inform.

13.6    The customer is obliged to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available to Hey Chaley on first request.

14. APPLICABLE LAW

14.1    Dutch law applies to all agreements.

14.2    Disputes resulting from an agreement between Hey Chaley and buyer, which can not be resolved by mutual agreement, will be heard by the competent court in the district of Utrecht, unless Hey Chaley prefers the difference to the competent court of the place of residence of Utrecht, and with the exception of those disputes that are part of the jurisdiction of the subdistrict court.

15. COMMENTS / COMPLAINTS

15.1    Do you have a comment or tip, please fill in the online contact form. We will contact you.

15.2    Do you have a complaint, please fill in the online contact form. We will always try a to solve a complaint in consultation with you.