Terms and Conditions

1. Definitions

  1. Buyer: any natural or legal person who places an order with Patrick van den Hoeven Merchandise;
  2. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
  3. Reflection period: the period within which the consumer can exercise his right of withdrawal;
  4. Day: calendar day;
  5. Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period;
  6. Distance agreement: an agreement concluded between Patrick van den Hoeven Merchandise and the consumer in the context of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusively or one or more techniques for remote communication are also used;
  7. Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions. Appendix I does not have to be made available if the consumer has no right of withdrawal with regard to his order.

2. General

By placing an order, the buyer is deemed to accept these general terms and conditions of sale. Conditions or stipulations of the buyer that conflict with these conditions can only be invoked against Patrick van den Hoeven Merchandise if and insofar as they have been expressly accepted in writing by Patrick van den Hoeven Merchandise. The express or implied omission by Patrick van den Hoeven Merchandise to rely on one or more of the provisions of these conditions does not affect the applicability of the other provisions of these conditions. The buyer cannot derive any rights in any other case from Patrick van den Hoeven Merchandise’s failure to rely on one or more of these conditions in one case. If the consumer fails to enter the correct personal data, Patrick van den Hoeven Merchandise is never liable for any consequences arising from this.

3. Quotations, orders

All quotations are completely without obligation. Patrick van den Hoeven Merchandise will adhere as much as possible to any specified delivery times, but exceeding them does not entitle the buyer to terminate the agreement (except if the delivery time is exceeded by more than 60 working days or if the buyer has expressly stated in writing a final delivery date which Merchandise has been accepted by Patrick van den Hoeven) and in any case never on compensation.

4. Images

All images shown represent the product to be purchased as closely as possible, but may differ from reality. No rights can be derived from the images shown.

5. Increase in taxes, tariffs

f increases in sales-related taxes, duties, insurance or freight rates are introduced between the time of order confirmation and delivery, these will be borne by the buyer.

6. Risk after delivery

Comments regarding Damages or defects must be reported by telephone or via fanshop@patrickvdhoeven.nl, otherwise your rights will lapse, within 24 hours after delivery/collection. The risk for the sold goods passes to the buyer upon delivery of Patrick van den Hoeven Merchandise in accordance with the agreed delivery condition, to be interpreted in accordance with the latest edition of the ‘incoterms’ as published by the international Chamber of Commerce, without prejudice to the provisions in this conditions regarding transfer of ownership

7. Packaging

One-time packaging will not be taken back. Deposit or loan packaging will only be taken back if, in the opinion of Patrick van den Hoeven Merchandise, it is in good condition and is returned carriage paid.

8. Means of transport

The buyer will immediately unload and release all transport material made available by Patrick van den Hoeven Merchandise so that no costs or damage arise as a result of delay for Patrick van den Hoeven Merchandise and the buyer will comply with all instructions given by Patrick van den Hoeven Merchandise. Hoeven Merchandise could donate for the return of this material. In the event of non-compliance, the buyer is obliged to compensate the damage caused by the delay or failure to return.

  • 8a. Insurance in case of damage due to transport.

Shipments by package/pallet/crate, etc. or larger deliveries made by carrier are covered by CMR insurance. This means that the customer is responsible for checking the goods upon receipt before signing the freight documents. In the event of any damage/defects, you must sign the freight documents stating the damage/defects in question, stating: “subject to change”. You can also insure your package for a higher value. If this is applicable, it will be offered via our website.

Paying for damages or replacing the product, for large shipments, may take some time. Nevertheless, we always try to solve the problem as quickly as possible.

9. Payments, default

All payments must be made by the buyer within 14 (fourteen) days of the invoice date, or within the period indicated on the invoice.

Patrick van den Hoeven Merchandise always reserves the right to deliver cash on delivery.

If full payment of the net invoice amount has not been made within the specified period, the buyer will be in default towards Patrick van den Hoeven Merchandise without notice of default. The buyer is also in default without notice of default if he is declared bankrupt or applies for a suspension of payments within the aforementioned period. No reminder or notification will be required before this default occurs. From the day on which the default occurs until the day of full payment, the buyer owes Patrick van den Hoeven Merchandise interest payable per day of 3% per year above the applicable promissory note discount of De Nederlandsche Bank NV and furthermore, as soon as Patrick van den Hoeven Merchandise hands over the claim for collection, an amount of 15% of the principal amount to be collected with a minimum of Euro 150, without prejudice to any legal and/or enforcement costs owed by the buyer and without prejudice to the right of Patrick van den Hoeven Merchandise to claim actual costs and interest. ​

10. Retention of title

Upon delivery of goods, the risk but not the ownership of those goods transfers from Patrick van den Hoeven Merchandise to the buyer. Patrick van den Hoeven Merchandise reserves ownership of the relevant goods until the buyer has fulfilled all his obligations related to the relevant delivery, including those owed on the basis of his default.

11. Warranties

We provide a warranty of 12 months from the date of purchase on all our products, with the exception of LED lighting. If a product becomes defective within 12 months, you must inform us by telephone or email before returning it to us. Return costs are borne by the buyer. Patrick van den Hoeven Merchandise will be responsible for repairing and/or replacing the defective product, as well as returning it to the buyer. If during the repair it is unexpectedly determined that the product has been used incorrectly or has not been cleaned/used according to instructions, the costs of repair and shipping will be recovered from the buyer. In addition, we only guarantee the correct operation of our products between minus 10 degrees and plus 25 degrees Celsius. We only provide a warranty on products purchased from us and with a valid purchase receipt.

12. Complaints procedure

Onverminderd het onder lid 9. certain, a complaint about delivered goods must be notified in writing to Patrick van den Hoeven Merchandise without delay, but no later than within 8 working days, after the complaint was discovered by the buyer or should have been discovered by the buyer. The buyer will provide all cooperation required by Patrick van den Hoeven Merchandise in investigating the complaint.

Indien een klacht van de koper gegrond wordt bevonden zal Patrick van den Hoeven Merchandise naar keuze of de afgeleverde zaken kosteloos vervangen of met de koper een schriftelijke regeling treffen over vergoeding van de met de klacht samenhangende directe schade van de koper, met dien verstande dat de koper te allen tijde is gehouden om schade waarvoor bij geheel of gedeeltelijke verzekeringsdekking bestaat bij zijn eigen assuradeuren te claimen, dat gevolgschade van iedere vergoeding door Patrick van den Hoeven Merchandise is uitgesloten en dat de aansprakelijkheid van Patrick van den Hoeven Merchandise en mitsdien het bedrag der schadevergoeding steeds is beperkt tot ten hoogste het netto factuurbedrag der betreffende zaken.

Without prejudice to the foregoing, all legal claims of the buyer regarding any agreement concluded with him expire one year after the day on which the relevant goods were delivered or should have been delivered.

13. Force majeure

Onverminderd de wettelijke rechten van partijen bij niet toerekenbare tekortkoming in de nakoming heeft Patrick van den Hoeven Merchandise het recht de aflevering van de zaken op te schorten dan wel de overeenkomst geheel of gedeeltelijk te ontbinden in geval van overmacht. In that case, the buyer will not be able to file a claim for damages against Patrick van den Hoeven Merchandise.

Force majeure also includes: total or partial disruption, limitation or strike of the company of Patrick van den Hoeven Merchandise or of the person from whom Patrick van den Hoeven Merchandise obtains the goods or raw materials to be delivered for this purpose, the issuance of regulations which restrict, hinder or make impossible the production, delivery, transport or unloading of the goods, mobilization, war, hostilities, insurrection, strike, lockout, collusion of workers, obstruction of railway traffic or of transport by other means of transport or lack thereof , shipwreck, loss, damage or breakdown of means of transport, even if these causes would be his responsibility according to the law, legal act or prevailing views in traffic and/or if these causes were foreseeable at the time of concluding the agreement.

Patrick van den Hoeven Merchandise will inform the buyer as soon as possible of the occurrence of the facts and circumstances in question and whether, and to what extent and under what conditions, he will continue the delivery.

14. Dissolution

In the event of default as referred to in Article 7, as well as if the buyer does not fulfill any obligations under that or another agreement with Patrick van den Hoeven Merchandise, does not do so on time or properly, Patrick van den Hoeven Merchandise is entitled to terminate any agreement with the buyer, immediately dissolved without judicial intervention and without notice of default, without prejudice to the rights that Patrick van den Hoeven Merchandise can derive from this agreement or law against the buyer, including the right or compensation for damages.

15. Applicable law, competent court

Op de overeenkomst is bij uitsluiting het Nederlandse recht van toepassing. The competent judge in the district of Utrecht in the dispute will always have jurisdiction to decide disputes, without prejudice to the right of Patrick van den Hoeven Merchandise to summon a customer before the competent court of his place of residence. If the buyer lives outside the Netherlands, the Utrecht court will have exclusive jurisdiction to decide disputes, subject to appeal and/or cassation. With regard to legal entities, domicile in the foregoing means the location of the registered office of the legal entity.

16. Right of withdrawal

Bij producten aangekocht door de consument:

  1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. Patrick van den Hoeven Merchandise may ask the consumer the reason for withdrawal, but may not oblige him to state his reason(s).
  2. The cooling-off period referred to in paragraph 16.1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
    2.1. If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. Patrick van den Hoeven Merchandise may refuse an order for multiple products with different delivery times, provided that he has clearly informed the consumer of this prior to the ordering process.
    2.2. Als de levering van een product bestaat uit verschillende zendingen of onderdelen: de dag waarop de consument, of een door hem aangewezen derde, de laatste zending of het laatste onderdeel heeft ontvangen;
    2.3. Bij overeenkomsten voor regelmatige levering van producten gedurende een bepaalde periode: de dag waarop de consument, of een door hem aangewezen derde, het eerste product heeft ontvangen.

17. Obligations of the consumer during the reflection period

  1. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would in a store.
  2. The consumer is liable for any reduction in value of the product that is the result of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for depreciation of the product if Patrick van den Hoeven Merchandise has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.

18. Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer exercises his right of withdrawal, he must notify Patrick van den Hoeven Merchandise within the cooling-off period using the model withdrawal form or in another unambiguous manner, for example by email.
  2. As soon as possible, but no later than within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) Patrick van den Hoeven Merchandise. This is not necessary if Patrick van den Hoeven Merchandise has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
  3. The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by Patrick van den Hoeven Merchandise.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct costs of returning the product. If Patrick van den Hoeven Merchandise indicates that it will bear the costs itself, the consumer does not have to bear the costs for return.
  6. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

19. Obligations of Patrick van den Hoeven Merchandise upon withdrawal

  1. If Patrick van den Hoeven Merchandise enables the notification of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receiving this notification.
  2. Patrick van den Hoeven Merchandise will reimburse all payments made by the consumer, including any delivery costs charged by Patrick van den Hoeven Merchandise for the returned product, unless paragraph 18.3 applies, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless Patrick van den Hoeven Merchandise offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer proves that he has returned the product, whichever is the earlier.
  3. For products for which the shipping costs exceed €50.00 (fifty), Patrick van den Hoeven Merchandise will reimburse all payments made by the consumer, excluding the shipping costs incurred.
  4. Patrick van den Hoeven Merchandise uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
  5. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Patrick van den Hoeven Merchandise does not have to reimburse the additional costs for the more expensive method.

20. Exclusion of right of withdrawal

Patrick van den Hoeven Merchandise can exclude the following products and services from the right of withdrawal, but only if Patrick van den Hoeven Merchandise has clearly stated this in the offer, at least in time before concluding the agreement:

  1. Products or services whose price is dependent on fluctuations in the financial market over which Patrick van den Hoeven Merchandise has no influence and which may occur within the withdrawal period
  2. Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content and/or services are offered by Patrick van den Hoeven Merchandise to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
  3. Service agreements, after full performance of the service, but only if:
    3.1. The execution has started with the express prior consent of the consumer; and
    3.2. The consumer has stated that he loses his right of withdrawal as soon as Patrick van den Hoeven Merchandise has fully executed the agreement;
    3.3. Products manufactured and ordered according to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
    3.4. Products that spoil quickly or have a limited shelf life;
    3.5. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
    3.6. Products that, by their nature, are irreversibly mixed with other products after delivery;
    3.7. Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;
    3.8. The supply of digital content other than on a tangible medium, but only if:
    3.8.1. The execution has started with the express prior consent of the consumer; and
    3.8.2. The consumer has stated that he hereby loses his right of withdrawal.

21. Returns

Wij van Patrick van den Hoeven Merchandise doen er alles aan om u via onze website te infomeren over de artikelen die we aanbieden. If an item nevertheless does not meet expectations, it can be returned within 14 days of receipt of the items. Some conditions apply to returns:

  1. Items must be in the original packaging and undamaged.
  2. Every return must be accompanied by a return form that has been completed and emailed in advance via our website.
  3. For returns that are damaged, late or without data, an administration fee of € 25.00 excl. VAT charged.
  4. Packages that are returned for which we have to pay “cash on delivery”/cash on delivery will be immediately refused. If successful delivery does take place, all costs will be charged including the administrative fee of €25.00 excl. VAT charged.
  5. Products that cannot be returned are:
    • Customization (chests, brackets, upholstery, embroidered clothing, custom-cut fabric, etc.)
    • Products that cannot be returned due to their condition (damage).
    • Products that are missing the necessary accessories
    • Shoes/Clogs/Clothes that show signs of wear.

After assessment of the returned item, a credit note will be created. This will be refunded to your account within 14 days.

Appendix I: Model withdrawal form

Download the model withdrawal form here.
(only complete and return this form if you wish to withdraw from the agreement)

01-10-2023