Terms of service
General Terms and Conditions of Grasdrogerij Hartog B.V.
Mijnsherenweg 7, 1658 CA Lambertschaag, The Netherlands. Chamber of Commerce 37125836. VAT NL816074963B01. info@hartog.eu, +31 (0)229 58 12 32.
Applicable to the sale and delivery of roughage, animal feed and other products through the Hartog EU webshop.
Article 1: Applicability
1.1. These General Terms and Conditions apply to all offers, orders and agreements between Grasdrogerij Hartog B.V. ("Hartog" or "the Seller") and its customers ("the Buyer").
1.2. Hartog is registered with the Dutch Chamber of Commerce under number 37125836 and is located at Mijnsherenweg 7, 1658 CA Lambertschaag, the Netherlands.
1.3. These conditions apply to both consumers (B2C) and business customers (B2B). Where a provision applies to only one category, this is stated.
1.4. A Consumer is a natural person buying products for purposes outside their trade, business or profession. A Business Customer is a buyer acting in a professional or commercial capacity, including authorised dealers buying through a business account.
1.5. Mandatory consumer protection law always takes precedence over any conflicting provision in these conditions.
1.6. Deviations from these conditions are binding only if Hartog has expressly agreed to them in writing.
1.7. If any provision is invalid or unenforceable, the other provisions remain in effect.
1.8. Hartog may amend these conditions. The version in force when an order is placed applies to that order, unless otherwise agreed in accordance with applicable law.
Article 2: Offers and acceptance
2.1. Products, descriptions and prices in the webshop are presented as accurately as reasonably possible.
2.2. An agreement is concluded when the Buyer places an order and Hartog confirms it by email.
2.3. Hartog is not bound by obvious pricing errors or other evident mistakes that the Buyer should reasonably have recognised.
2.4. If a product becomes unavailable after an order has been confirmed, Hartog will inform the Buyer and offer a suitable solution, such as an alternative product or a refund.
2.5. Business Customers order through their business accounts and may have individually agreed prices and commercial conditions.
2.6. By placing an order, the Buyer accepts these conditions, provided they were made available before the agreement was concluded.
Article 3: Prices and price changes
3.1. Consumer prices include applicable VAT. Shipping and any other charges are shown before the order is completed.
3.2. Business Customers have individually agreed prices, available in their business accounts. Unless stated otherwise, business prices exclude VAT.
3.3. For Consumers, the price agreed at the time of ordering applies. Hartog will not increase this price after the agreement has been concluded.
3.4. For Business Customers, Hartog may adjust agreed prices if substantial and demonstrable cost increases occur after the agreement was concluded, including increases in raw material costs, transport costs, insurance premiums or government taxes and charges.
3.5. Extraordinary cost increases of at least 10% may be passed on to Business Customers where reasonably justified.
3.6. If Hartog announces a price increase for an existing business agreement, the Business Customer may terminate the affected agreement within five working days of receiving written notice, unless otherwise agreed.
3.7. Price adjustments are communicated before the affected delivery.
Article 4: Delivery and transport
4.1. Hartog delivers to the destinations and with the shipping methods available in the webshop. Shipping costs depend on destination, order size, weight and delivery method.
4.2. Orders may be shipped as parcels or on pallets. Shipping charges are shown before the order is completed.
4.3. Delivery times are estimates unless a specific delivery date has been expressly agreed. Hartog makes reasonable efforts to deliver within the indicated period.
4.4. Hartog may deliver an order in several shipments when necessary. Any additional shipping costs resulting from this are borne by Hartog.
4.5. Consumers cannot collect webshop orders from Hartog. Business Customers may collect orders or arrange delivery in line with their business arrangements.
Delivery to Consumers (B2C)
4.6. For Consumers, the risk of loss or damage remains with Hartog until the products have been received by the Consumer or a third party designated by the Consumer other than the carrier. An exception may apply if the Consumer chooses a carrier not offered by Hartog.
4.7. If delivery is delayed or cannot be completed, the Consumer keeps all statutory rights, including any right to terminate the agreement and receive a refund.
4.8. Consumers are advised to follow their tracking information and collect parcels within the period set by the carrier.
4.9. If an order is returned because the Buyer gave an incorrect delivery address or did not collect the parcel, reasonable additional return or reshipping costs may be charged where the law allows and the failure is attributable to the Buyer.
Delivery to Business Customers (B2B)
4.10. Unless otherwise agreed in writing, delivery to Business Customers takes place when the products are made available for loading at Hartog's premises, regardless of which party arranges or pays for transport.
4.11. The risk of loss or damage passes to the Business Customer at that moment, unless other delivery terms have been expressly agreed.
4.12. Business Customers collecting goods or receiving pallet deliveries must ensure that the loading or unloading location is reasonably accessible and safe.
4.13. Individual transport or delivery arrangements confirmed by Hartog take precedence over these standard delivery provisions.
Article 5: Product quality and complaints
5.1. Hartog aims to supply products that meet the agreed specifications and applicable quality and safety requirements.
5.2. Buyers are asked to inspect delivered products and report visible damage, incorrect products or discrepancies as soon as reasonably possible.
5.3. Complaints can be sent to info@hartog.eu, preferably with the order number and relevant photos.
Consumers (B2C)
5.4. Consumers keep their statutory rights regarding defective or non-conforming products. Nothing in these conditions limits the legal remedies available to Consumers.
5.5. If a product does not conform to the agreement, Hartog provides a remedy in accordance with applicable consumer law.
Business Customers (B2B)
5.6. Business Customers must inspect delivered products promptly and report discrepancies without undue delay.
5.7. Complaints about defects must be submitted within two working days after discovery and, under the standard business complaints procedure, no later than 10 days after delivery, insofar as such a limitation is legally permitted.
5.8. Products subject to a quality complaint should, where reasonably possible, be kept unused and made available for inspection.
Independent quality assessment
5.9. In a dispute about product composition, quality or suitability, Hartog may arrange an independent examination by a qualified laboratory, such as Eurofins.
5.10. The outcome may be taken into account when assessing the complaint, but does not exclude the Buyer's mandatory statutory rights.
5.11. The costs of independent testing are assessed according to the circumstances and applicable law.
Article 6: Retention of title
6.1. Products delivered by Hartog remain its property until the Buyer has met the relevant payment obligations, to the extent permitted by law.
Business Customers (B2B)
6.2. For Business Customers, retention of title also covers other qualifying outstanding obligations arising from the delivery of goods and related agreements, insofar as permitted under Dutch law.
6.3. Business Customers may resell products subject to retention of title in the ordinary course of business, provided they meet their contractual obligations.
6.4. Business Customers may not pledge or otherwise encumber products subject to retention of title without Hartog's prior written consent.
6.5. If a Business Customer does not meet its payment obligations, Hartog may exercise its retention-of-title rights, including recovering unpaid products through lawful procedures.
6.6. Business Customers must reasonably cooperate in protecting Hartog's ownership rights and inform Hartog promptly if third parties try to claim rights over unpaid products.
Article 7: Liability
7.1. Hartog is liable for damage only to the extent provided by applicable law and these conditions.
Consumers (B2C)
7.2. Nothing in these conditions excludes or limits liability that cannot legally be excluded or limited under consumer protection law.
Business Customers (B2B)
7.3. Except in case of wilful misconduct or gross negligence, and subject to mandatory law, Hartog's liability is limited to the amount paid out under its liability insurance.
7.4. If no insurance payment is made, liability is limited to three times the net invoice value of the relevant delivery or service, up to a maximum of €20,000.
7.5. Hartog is not liable for indirect or consequential business losses, including loss of profit, loss of turnover or business interruption, to the extent legally permitted.
7.6. These limitations also apply, to the extent permitted by law, to claims arising from acts or omissions of third parties engaged by Hartog.
7.7. The above limitations do not apply where liability cannot lawfully be excluded or limited.
Article 8: Cancellation, returns and termination
Consumers (B2C)
8.1. Consumers have the statutory right to withdraw from an online purchase within 14 days after receiving the products, without giving a reason, unless a statutory exception applies.
8.2. If an order is delivered in several shipments, the withdrawal period starts when the last item has been received.
8.3. After notifying Hartog of their withdrawal, Consumers have another 14 days to return the products.
8.4. Consumers can notify Hartog through the online return function, by email to info@hartog.eu, with the model cancellation form in our Return and refund policy, or by any other clear statement.
8.5. For standard returns, the direct cost of returning the products is borne by the Consumer.
8.6. Through the return portal, Consumers can register parcel returns, view the return shipping costs, pay for the return service and obtain a return label. Paying for a return label is not a condition for exercising the right of withdrawal.
8.7. Pallet returns are arranged directly with Hartog via info@hartog.eu. For goods that cannot normally be returned by parcel service, an estimate of the return costs is provided before purchase.
8.8. For quality and feed safety reasons, Hartog asks that products are returned unopened, undamaged and preferably in their original packaging. Liability for diminished value and any exceptions to the right of withdrawal are governed by applicable law.
8.9. Consumers may withdraw from the purchase of individual products within an order. For a partial return, the original delivery costs are not refunded unless required by law.
8.10. Hartog refunds the relevant payments within 14 days after receiving the withdrawal notice. Hartog may withhold the refund until the products have been received back or proof of return has been provided, whichever comes first.
8.11. Refunds are made using the original payment method, unless otherwise expressly agreed. For a complete withdrawal, the original standard delivery costs are also refunded.
8.12. If products are returned because of an error by Hartog or a defect covered by statutory consumer rights, Hartog bears the necessary return costs.
Business Customers (B2B)
8.13. Business Customers do not have the statutory 14-day right of withdrawal.
8.14. Cancellation, exchange or return of a business order is possible only after consultation with Hartog and subject to applicable statutory or contractual rights.
8.15. Hartog may suspend or terminate a business agreement if the Business Customer materially fails to meet its obligations, subject to applicable law.
Article 9: Compensation and collection costs
9.1. If a Business Customer fails to meet its contractual obligations, Hartog may claim compensation for the resulting losses to the extent permitted by law.
9.2. In case of late payment by a Business Customer, statutory commercial interest applies from the due date.
9.3. Hartog may also recover reasonable collection costs in accordance with applicable law.
9.4. For Consumers, interest, reminders and collection costs are subject to mandatory consumer protection law, including the applicable notice requirements.
Article 10: Transfer of rights
10.1. Business Customers may not transfer their contractual rights or obligations to third parties without Hartog's prior written consent, unless mandatory law permits this.
10.2. Warranties or additional rights granted to a Business Customer are not automatically transferable to later buyers, unless expressly agreed or required by law.
10.3. Hartog may transfer its contractual rights or obligations where legally permitted, without affecting the mandatory rights of Consumers.
Article 11: Force majeure
11.1. Hartog is not liable for a failure or delay in performance to the extent caused by circumstances beyond its reasonable control that legally qualify as force majeure.
11.2. Such circumstances may include natural disasters, extreme weather, war, government restrictions, strikes, major transport disruptions, serious cyber incidents, fires or exceptional disruptions in the supply of raw materials.
11.3. Hartog will inform affected Buyers as soon as reasonably possible and take reasonable measures to limit the consequences.
11.4. If force majeure prevents performance for an extended period, either party may use the termination rights available under the agreement or applicable law.
11.5. Consumers keep their statutory rights relating to delayed or non-delivered products, including the right to a refund.
11.6. If Hartog has reasonable grounds to believe that a Business Customer will not be able to meet its payment obligations, Hartog may request security or suspend further deliveries, subject to applicable law.
Article 12: Payment
Consumers (B2C)
12.1. Consumers pay at checkout using one of the payment methods offered there, such as iDEAL | Wero (for customers in the Netherlands) and credit card.
12.2. For credit card payments, the terms and billing schedule of the card issuer apply.
12.3. Any additional payment conditions are shown before the order is completed.
Business Customers (B2B)
12.4. Unless otherwise expressly agreed, Business Customers pay invoices within 30 days of the invoice date.
12.5. Payments must be made in the currency stated on the invoice, to the bank account designated by Hartog.
12.6. If payment is not received on time, statutory commercial interest and collection costs may become due.
12.7. Payments made to unauthorised representatives do not discharge the Business Customer's payment obligation.
12.8. Unless otherwise agreed or required by law, Hartog may allocate payments first to outstanding interest and collection costs and then to the oldest outstanding invoices.
Article 13: Applicable law and disputes
13.1. These conditions and all agreements with Hartog are governed by Dutch law.
13.2. For Consumers living in another EU Member State, this choice of law does not deprive them of the protection of the mandatory consumer law of their country of residence.
13.3. Disputes with Business Customers are submitted to the competent Dutch court, unless mandatory law provides otherwise.
13.4. Consumers keep their right to bring proceedings before the courts competent under European and national law.
13.5. We encourage you to contact us first at info@hartog.eu so we can look for a solution together.