Terms and Conditions webshop

Introduction

These are our General Terms and Conditions. These General Terms and Conditions always
apply when you use our Website or place an order through our Website, and they contain
important information for you as a buyer. Please read them carefully. We also recommend
that you save or print these General Terms and Conditions so that you can consult them at a
later time.

Article 1. Definitions

1.1

Hilltown Roots: based in Rotterdam, The Netherlands, and registered with the Chamber of
Commerce under file number 95546049, trading as Hilltown Roots.
Lina Roots is a brand and Registered Trademark, owned by Hilltown Roots.

1.2

Website: the Website of Hilltown Roots, to be found on linaroots.com and all
of its subdomains.

1.3

Customer: the natural person or corporation who enters into an agreement
with Hilltown Roots and/or is registered on the Website.

1.4

Agreement: any arrangement or agreement between Hilltown Roots and
Customer of which the General Terms and Conditions are an integral part.

1.5

General Terms and Conditions: these General Terms and Conditions.

Article 2. Applicability of the General Terms and Conditions

2.1

The General Terms and Conditions apply to all offers, agreements and
deliveries of Hilltown Roots, unless explicitly agreed otherwise in writing.

2.2

If Customer in his order, confirmation or any other communication alleging
acceptance of the General Terms and Provisions includes any provisions that
differ from, or are not included in the General Terms and Conditions, such
provisions will only be binding upon Hilltown Roots if and in so far as Hilltown
Roots has accepted them in writing.

2.3

In cases where specific product or service-related terms and conditions apply
in addition to these general terms and conditions, Customer can always
invoke the applicable condition that is most favorable to him in the event of
incompatible general terms and conditions.

Article 3. Prices and information

3.1

All prices posted on the Website and in other materials originating from
Hilltown Roots include taxes and other levies imposed by the government,
unless stated otherwise on the website

3.2

If shipping costs are charged, these will be clearly stated in good time before
the contract is concluded. These costs will also be displayed separately in the
ordering process.

3.3

The content of the Website is composed with the greatest care. Hilltown
Roots cannot, however, guarantee that all information on the Website is
correct and complete at all times. All prices and other information posted on
the Website and in other materials originating from Hilltown Roots are
subject to obvious programming and typing errors.

3.4

Hilltown Roots cannot be held responsible for deviations in colour that result
from the quality of the colours displayed on the screen.

Article 4. Conclusion of the Agreement

4.1

The Agreement will be deemed to be concluded at the moment Customer
accepts the offer of Hilltown Roots subject to the conditions laid down by
Hilltown Roots.

4.2

If Customer has accepted the offer by electronic means, Hilltown Roots will
confirm receipt of acceptance of the offer by electronic means without delay.
Until such receipt of acceptance is confirmed, Customer will have the
possibility to terminate the Agreement.

4.3

If it is found that, in accepting or otherwise entering into the Agreement,
Customer has provided incorrect data, Hilltown Roots will have the right to
postpone the Agreement until the correct data is received

Article 5. Registration

5.1

To make optimal use of the Website, Customer can register using the
registration form/the account sign-in option on the Website.

5.2

During the registration process, Customer will be asked to choose a username
and password with which he can log on to the Website. Customer alone is
responsible for choosing a sufficiently reliable password

5.3

Customer must keep its login credentials, username and password strictly
confidential. Hilltown Roots cannot be held liable for any misuse of the login
credentials and is always entitled to assume that Customer who logs on to
the Website is the party that it professes to be. Customer is responsible for
and bears the full risk of any and all actions and transactions performed via
Customer’s account.

5.4

If Customer knows or has reason to suspect that its login details have become
available to unauthorised parties, it will be required to change its password as
soon as possible and/or to notify Hilltown Roots accordingly so as to allow
Hilltown Roots to take appropriate measures.

Article 6. Execution of the Agreement

6.1

As soon as Hilltown Roots has received the order, it will send the products to
Customer without delay and with due regard for the provisions of paragraph
3 of this article

6.2

Hilltown Roots is authorised to engage third parties in the fulfilment of its
obligations under the Agreement.

6.3

Well ahead of the date on which the Agreement is signed, information will be
posted on the Website which clearly describes the manner in which and the
term within which the products will be delivered. If no delivery term has been
agreed or stated, the products will be delivered within 30 days at the latest.

6.4

If Hilltown Roots is unable to deliver the products within the agreed term, it
will notify Customer accordingly. In that case Customer can decide either to
agree to a new delivery date or to terminate the Agreement without incurring
any costs.

6.5

Hilltown Roots advises Customer to inspect the products upon delivery and to
report any defects within an appropriate period, preferably in writing or by
email. For further details, see the article about guarantee and conformity.

6.6

The risks associated with the products will transfer to Customer as soon as
the products are delivered at the agreed delivery address.

6.7

If the ordered product can no longer be supplied, Hilltown Roots is entitled to
deliver a product which is comparable in nature and quality to the ordered
product. In that case, Customer will have the right to terminate the
Agreement without incurring any costs and to return the product free of
charge.

Article 7. Right of withdrawal/return

7.1

This article only applies if Customer is a natural person who is not acting in his
or her professional or commercial capacity. Business Customers therefore
have no right of withdrawal.

7.2

Customer will have the right to dissolve the distance Agreement with
Hilltown Roots within 45 days after receiving the product, free of charge and
without stating reasons

7.3

The term commences on the day after the product was received by the
Customer, or a third party designated by the Customer, who is not the
transporting party, or:
– if the delivery of a product involves different deliveries or parts: the day
on which Customer, or a third party designated by Customer, received
the last delivery or the last part;
– with contracts for the regular delivery of products during a given period:
the day on which Customer, or a third party designated by Customer,
received the last product;
– if Customer has ordered several products: the day on which Customer, or
a third party designated by Customer, received the last product.

7.4

Only the direct costs incurred for the return shipment are for Customer’s
account. This means that Customer will have to pay the costs of returning the
product. Any shipping costs paid by Customer and the purchase price paid for
the product will be refunded to Customer if the entire order is returned.

7.5

During the withdrawal period referred to in paragraph 1, Customer will treat
the product and its packaging with the utmost care. Customer may not open
the packaging or use the product unless this is necessary in order to
determine the nature of the products, their features and their operation

7.6

Customer is only liable for the product’s devaluation that is a consequence of
his handling the product other than as permitted.

7.7

Customer can terminate the Agreement in accordance with paragraph 1 of
this article by reporting the withdrawal (digital or in other form) to Hilltown
Roots, within the withdrawal period, by means of the model form for right of
withdrawal or in some other unequivocal way. If Hilltown Roots makes it
possible for Customer to declare his withdrawal via electronic/digital means,
then after receiving such a declaration, Hilltown Roots sends immediate
confirmation of receipt.

7.7

If the ordered product can no longer be supplied, Hilltown Roots is entitled to
deliver a product which is comparable in nature and quality to the ordered
product. In that case, Customer will have the right to terminate the
Agreement without incurring any costs and to return the product free of
charge.

7.8

As quickly as possible, but no later than 14 days after the day of reporting as
referred to in paragraph 1, Customer shall return the product, or hand it over
to (a representative of) Hilltown Roots. Customer can send the product
directly to Hilltown Roots without a notice of withdrawal in advance within
the period as mentioned in paragraph 1. Customer must, in this case, include
a written notice of withdrawal, such as the model form.
Products can be returned to the following address:
TijdVrij Fulfilment, Kamerlingh Onnesweg 2b, 4131 PK Vianen, The
Netherlands

7.9

Any amounts already paid by Customer (in advance) will be refunded to
Customer as soon as possible, and in any case within 14 days after dissolution
of the Agreement. If Customer chose an expensive method of delivery in
preference to the cheapest standard delivery, Hilltown Roots does not have
to refund the additional costs of the more expensive method. Except in cases
in which Hilltown Roots has offered to retrieve the product himself, he can
postpone refunding until he has received the product or until Customer
proves he has returned the product, depending on which occurs earlier

7.10

Information about the applicability or non-applicability of a right of
withdrawal and any required procedure will be posted clearly on the Website,
well before the Agreement is concluded.

Article 8. Payment

8.1

Customer shall pay the amounts due to Hilltown Roots in accordance with the
ordering procedure and any payment methods indicated on the Website.
Hilltown Roots is free to offer any payment method of its choice and may
change these methods at any time. In cases of payment after delivery
Customer will be given a term of payment of 14 days entering on the day
after delivery.

8.2

If Customer does not complete his payment obligation, he will be indebted
the legal interest over the belated payment. Hilltown Roots needs to remind
Customer of the belated payment and Hilltown Roots has to give Customer a
term of 14 days to complete the payment obligation. After failing this 14 days
term Hilltown Roots is allowed to recover any extrajudicial debt collection
costs on Customer. These debt collection costs are not higher than: 15% of
the open payment with a maximum of € 2.500,-; 10% of the next € 2.500,-
and 5% over the next € 5.000,- with a minimum of € 40,-. Hilltown Roots is
allowed to deviate from the named amounts and percentages in the
advantages of Customer.

Article 9. Warranty and conformity

9.1

This article only applies if Customer is a natural person who is not acting in his
or her professional or commercial capacity. If Hilltown Roots gives a separate
warranty on the products then, without prejudice to the aforesaid, this
applies to all types of Customers.

9.2

Hilltown Roots guarantees that the products are in conformity with the
Agreement, the specifications stated in the offer, the reasonable
requirements of reliability and/or usability and with the existing statutory
provisions and/or government regulations that are in force from the date of
entering into the Agreement. If specifically agreed, Hilltown Roots also
guarantees that the product is suitable for other than normal use.

9.3

An extra warranty offered by Hilltown Roots, manufacturer or importer shall
never affect any statutory rights and claims which Customer has and may
exercise under the Agreement.

9.4

If the delivered product is not in conformity with the Agreement, Customer
must inform Hilltown Roots within a reasonable period of time after he has
discovered the defect.

9.5

If Hilltown Roots deems the complaint to be correct, the faulty product(s) will
be repaired, replaced or refunded in consultation with Customer. The
maximum amount of compensation is, having regard to the Article on liability,
equal to the price paid by Customer for the product.

Article 10. Warranty on business purchases

10.1

Hilltown Roots guarantees that the products are in conformity with the
Agreement, the specifications stated in the offer, the reasonable
requirements of reliability and/or usability and with the existing statutory
provisions and/or government regulations that are in force from the date of
entering into the Agreement. If specifically agreed, Hilltown Roots also
guarantees that the product is suitable for other than normal use. Otherwise,
it applies that the product is suitable for normal use.

10.2

If the delivered product is not in conformity with the Agreement, Customer
must inform Hilltown Roots within a maximum period of 3 days after delivery.
Should the Customer fail to do so, then the Business Customer is no longer
entitled to have the product repaired, replaced or (partially) refunded

10.3

If Hilltown Roots deems the complaint to be correct, the faulty product(s) will
be repaired, replaced or (partially) refunded in consultation with the
Customer.

Article 11. Complaints handling procedure

11.1

If Customer has any grievances in connection with a product (in accordance
with the article on warranties and conformity) and/or about other aspects of
Hilltown Roots’s service, it can submit a complaint by telephone, by email or
by post. See the contact details at the bottom of the General Terms and
Conditions.

11.2

Hilltown Roots will respond to the complaint as soon as possible, and in any
case within 14 days after having received it. If it is not yet possible for
Hilltown Roots to formulate a substantive reaction to the complaint by that
time, Hilltown Roots will confirm receipt of the complaint within 14 days after
having received it and give an indication of the term within which it expects
to be able to give a substantive or definitive reaction to Customer’s
complaint.

11.3

If Customer is a natural person who is not acting in his or her professional or
commercial capacity, it can file a complaint through the European Online
Dispute Resolution platform, available at: http://ec.europa.eu/odr/.

Article 12. Liability

12.1

This Article only applies if Customer is a natural person or a legal entity who is
acting in a professional or commercial capacity

12.2

The total liability of Hilltown Roots in respect of Customer due to an
attributable failure to perform the Agreement is limited to compensation not
exceeding the price stipulated for that particular Agreement (including VAT).

12.3

The liability of Hilltown Roots in respect of Customer for indirect damage or
loss, which in any case includes – but is explicitly not limited to –
consequential damage, lost profit, lost savings, loss of data and damage due
to business interruption, is excluded.

12.4

Aside from the cases referred to in the two previous paragraphs of this
Article, Hilltown Roots is not subject to any liability at all in respect of
Customer for damages, irrespective of the ground on which the action for
damages is based. The restrictions set out in this Article, will, however, cease
to apply if and insofar as the damage or loss is the result of an intentional act
or gross negligence on the part of Hilltown Roots.

12.5

Hilltown Roots will only be liable to Customer on account of an attributable
failure in the performance of an agreement if Customer issues a proper
notice of default to Hilltown Roots without delay stipulating a reasonable
period of time in which to remedy the failure, and Hilltown Roots also
continues to fail to perform its obligations after that period. The notice of
default must contain a description of the failure in as much detail as possible
to enable Hilltown Roots to provide an adequate response.

12.6

Any event giving right to compensation is always subject to the condition that
Customer reports the damage or loss in writing to Hilltown Roots as soon as
possible, but no later than within 30 days after the damage or loss has arisen.

12.7

In the event of force majeure Hilltown Roots is not liable to pay
compensation for any damage or loss Customer has incurred as a result.

Article 13. Retention of title

13.1

As long as Business Customer has not made any full payment on the total
amount agreed Hilltown Roots will retain ownership of all the goods
delivered (including possible debt collection costs and interest).

13.2

Before the transfer of ownership, Business Customer is not authorized to,
other than corresponding to his normal company and normal destination of
the goods, sell, deliver or any other way of misappropriation. Furthermore,
Business Customer is not allowed to pawn the goods or to give any rights
regarding the goods to third parties as long as the transfer of ownership has
not been completed.

13.3

Business Customer is obliged to keep any goods that are delivered under
reservation of ownership with care and recognizable as property of Hilltown
Roots.

13.4

Hilltown Roots is entitled to withdraw any goods delivered under reservation
of ownership and in the possession of Business Customer, if Business
Customer has neglected to pay the invoices or has been confronted with
payment difficulties.

13.5

Business Customer shall give Hilltown Roots access to his goods at any time to
inspect and/or to exercise the rights of Hilltown Roots.

Article 14. Personal details

14.1

Hilltown Roots will process the Customer’s personal details in accordance
with the privacy statement published on the Website.

Article 15. Final provisions

15.1

This agreement is governed by the laws of the country of establishment of
the webshop.

15.2

Insofar as not dictated otherwise by mandatory law, any disputes ensuing
from the Agreement will be submitted to the competent Dutch court in the
district where Hilltown Roots has its registered office.

15.3

If any provision set out in these General Terms and Conditions should prove
to be void, this will not affect the validity of the General Terms and
Conditions as a whole. In that case, the Parties will lay down one or more new
provisions in replacement which will reflect the original provision as much as
is possible under the law.

15.4

The term ‘written’ in these General Terms and Conditions also refers to
communication by email and fax, provided that the sender’s identity and the
integrity of the email message have been sufficiently established.

Contact details

Should you have any questions, complaints or comments after reading these General Terms
and Conditions, please contact us by email or letter.


Hilltown Roots
Hillestraat 72
3072 JN, Rotterdam
The Netherlands

Tel.:

Email: info@linaroots.com
Chamber of Commerce: 95546049
VAT: NL005159967B90