Sales and Purchase Agreement (SPA)
Scope and definitions
When ordering on the HomeWizard website, the Sales agreement applies to the version that was applicable at the time of the purchase.
These Sales Agreement only apply to products or services ” Products ” purchased through the HomeWizard website. When ordering through another party, the Sales Agreement of the selling party apply.
Insofar as this document refers to “Consumers”, these are natural persons whose orders are not made in the context of commercial , self -employed or freelance activities. “Entrepreneurs”, on the other hand, are natural or legal persons or legally authorized partnerships whose orders are placed in the context of commercial , self -employed or freelance activities. “Customer ” within the meaning of this Sales Agreement are both consumers and entrepreneurs.
If a term is expressed in working days, it means all weekdays with the exception of Saturdays, Sundays and legal holidays.
Conclusion of the agreement
All offers from HomeWizard are non-binding and non-binding.
In the event that the Customer places an order via the webshop, telephone or other order channel, the purchase agreement is accepted by the Customer as soon as the Customer has received an order confirmation from HomeWizard by email. Once you have received the order confirmation, the order cannot be modified or cancelled. HomeWizard has accepted the purchase agreement as soon as the Customer has received a shipping confirmation by email.
This purchase agreement does not apply to the purchase of HomeWizard products through third parties.
Prices and payment terms
The prices displayed on the website at the time of order apply. If shipping costs are charged, HomeWizard will inform the Customer about this during the ordering process. All prices displayed on the website include the VAT rates that are applicable by law. Prices and offers may vary by country. HomeWizard offers payment options through external payment providers.
The purchase amount must be paid within 14 days after the purchase agreement unless otherwise stated. If the Customer is in arrears, HomeWizard has the right to charge a fixed amount for the reminder costs per reminder.
HomeWizard has the right to charge a fixed amount for costs or damage suffered for any unpaid, returned collection order or credit card payment, unless the Customer can demonstrate that he was not responsible for the event that caused the damage. The Customer reserves the right to demonstrate that HomeWizard did not have to incur any costs or significantly lower costs than the stated fixed amount.
For purchases via the HomeWizard apps, the General Terms and Conditions of Google or Apple apply. The above-mentioned parties are the selling entrepreneur in this case.
Delivery and product property
The delivery day stated in the order ” expected delivery ” during the ordering process is indicative and no rights can be derived from it. HomeWizard makes an estimate based on; delivery time at the external shipping partner and common payment methods and terms. HomeWizard strives for a delivery on the stated delivery day with a maximum delivery period of 14 days from the order date.
Deliveries are made to delivery addresses within the countries to be specified in the agreement. It is the Customer’s responsibility to ensure that the goods can be delivered during the reasonably foreseeable delivery times.
In the event of force majeure, the delivery period will be extended accordingly. Force majeure means impediments that are unforeseen or unusual. In the event of force majeure, HomeWizard will inform the Customer about an extension of the delivery period no later than 2 weeks after payment.
In the event of a delivery delay of more than 2 weeks after the stated delivery date, the Consumer has the right to cancel the agreement. In that case, HomeWizard has the right to dissolve the agreement. In both cases, HomeWizard will refund the payments already made by the Consumer within 5 working days. The Customer is not entitled to claim compensation for delay in delivery.
For business orders for entrepreneurs, the Incoterms stated on the invoice apply.
HomeWizard reserves the right to dissolve the agreement after the delivery has failed twice due to the fault of the Customer. Payments already made by the Customer will in that case be refunded within 5 days.
If products are delivered with visible damage to the packaging or the content, the Customer must notify this – without prejudice to his warranty rights – at the latest within 7 days after receipt of the products via the usual contact channels, so that HomeWizard can request compensation for the transport damage from the logistics service provider.
In principle, the Customer bears the costs for a return shipment. This does not apply to returns that are the result of a withdrawal.
Ordered products become the property of the Customer after he has paid in full and fulfilled all his obligations.
Reflection period and returns
If you, as a Consumer, place an order with HomeWizard via the website, you can make use of our 30-day reflection period.
The reflection period is effective from the day on which the Consumer has received the equipment of the order (in completeness). Within this reflection period, the Consumer can cancel the purchase and return the purchased products to HomeWizard. The burden of proof for the timely use of the reflection period lies with the Consumer.
If the Consumer makes use of the reflection period, shipping costs for the return of products are for the Consumer. The full purchase amount of the products, including shipping, will be refunded as soon as possible, but within 14 working days of receipt by HomeWizard. This refund will be made via the payment method that the Consumer used in the original transaction.
Products must be returned undamaged in reasonable original packaging within 14 days after the reflection period has been put into use. Where product is only used to the extent necessary to determine the characteristics and functioning of the product. When returning incomplete or damaged products, HomeWizard can refuse a refund of the purchase amount or reduce the amount to be refunded.
For selected products, the 30-day reflection period expires as soon as the product is put into use, where it cannot be restored to new condition by means of certified meter readings (such as with kWh meters).
Upon delivery to an Entrepreneur, the latter must check the products received for compliance with the purchase agreement. The Entrepreneur is obliged to submit a written notification of any deviation from the purchase agreement within 24 hours after delivery and to give HomeWizard the opportunity to determine the validity of the notification on site. The right to replacement or credit lapses if the products have already been used. Return shipments are at the expense of the Entrepreneur and are only accepted if agreed in advance.
For equipment purchased by a Consumer, the product warranty is valid for 24 months from the date of order. If the equipment has been purchased by an Entrepreneur, the warranty will expire after 12 months from the order date, unless otherwise stated in the purchase agreement. HomeWizard can at all times terminate the warranty term early if the Customer is in violation with the General Terms and Conditions of which the End-user license agreement is part.
Should any provision of this document be invalid, the remaining provisions shall remain unaffected.
If the Customer does not have a generally competent court within the European Union or if he is a merchant, a legal person under public law or a special asset under public law, the court of the place of residence of HomeWizard is the competent court for all disputes arising from the contractual relationship. However, HomeWizard also has the right to bring legal actions before the generally competent court in the Customer’s place of business.
Only the laws of the Dutch state apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, also in the case of cross-border deliveries. In addition, Consumers are subject to the binding consumer protection legislation, which applies in the country where the Customer has his habitual residence, insofar as it offers the Customer more extensive protection.
HomeWizard has the right to unilaterally change this document – insofar as they have been declared applicable in the contractual relationship with the Customer – if this is necessary to remedy a subsequent disruption of the balance of the agreement or to amend the agreement. adapt to changed legal or technical preconditions.
If you have any questions about this document, please contact HomeWizard at firstname.lastname@example.org
HomeWizard BV Keyserswey 79, Noordwijk, The Netherlands