Article 1. GENERAL CONDITIONS
1.1 When entering a branch of Home Shopping and Delivery Service N.V., hereinafter referred to as HSDS, visitors are informed by means of a sign that HSDS has general conditions.
1.2 The general conditions of HSDS are available for inspection at every HSDS branch, can be requested on-site, will be sent to the customer upon request at no cost, and are also available for consultation on our website www.hsdsonline.com.
1.3 These general conditions apply to every offer made by HSDS and to every distance agreement and order concluded between HSDS and the customer.
1.4 The version of the general conditions in effect at the time of the conclusion of the purchase agreement shall always apply.
1.5 If a provision of the general conditions is (partially) void or becomes voidable, the remaining provisions shall remain in full force. HSDS and the customer shall then consult to agree upon a new provision to replace the original provision, taking into account the purpose and scope of the voided provision as much as possible.
Article 2. IDENTITY OF THE ENTREPRENEUR
Home Shopping and Delivery Services N.V.
Phone number: +597 425-521 / +597 425-682 / +597 421-410
Chamber of Commerce (Kvk) number: 39293
Article 3. DEFINITIONS AND APPLICABILITY
In these general terms and conditions, the following terms are defined:
a. Home Shopping and Delivery Service N.V., hereinafter referred to as HSDS.
All legal entities, both factual and statutory, established in Suriname that are part of HSDS.
Any natural or legal person with whom HSDS enters into an agreement or negotiates such an agreement.
Any agreement concluded between HSDS and the customer, including any amendments or supplements thereto.
d. Purchase Agreement
An agreement whereby HSDS undertakes to provide an item, and the customer undertakes to pay a purchase price for it. HSDS’s “providing” implies the delivery of the goods and the transfer of ownership.
e. General Terms and Conditions
The general terms and conditions of HSDS.
By “receipt,” we mean the original receipt from HSDS.
In specific cases, HSDS may equate the receipt with a bank statement that shows where, when, and for what price a particular product was purchased. Other methods permitted by law to prove where, when, and for what price a particular product was purchased are also allowed.
A product is non-conforming (= defective) if the product no longer possesses the characteristics that the buyer could reasonably expect based on the purchase agreement. It is the buyer’s responsibility, after the statutory and manufacturer’s warranty period, to provide evidence of non-conformity and also to demonstrate that the product has been used normally. Normal wear and tear and external damage never lead to non-conformity.
h. Liability Period
By the liability period, we mean the product’s lifespan. After the liability period, the product can still be used.
i. Force Majeure
In addition to what is understood in the law and jurisprudence, force majeure refers to all external causes, foreseen or unforeseen, over which HSDS has no control but which make it unreasonable to demand compliance with HSDS’s obligations.
Article 4. PRICES
4.1 The sales price is in Surinamese Dollars, inclusive of value-added tax, but exclusive of any shipping, delivery, and installation costs.
4.2 The sale prices are indicated on the price tags attached to the products offered in HSDS branches or above the shelf where the respective products are placed by HSDS.
4.3 Products that are not individually priced are considered to be displayed at the price tags of the respective product.
4.4 The customer cannot demand performance for prices with a typographical error that is clearly not the actual price. The sales prices that apply are those in the HSDS sales system.
4.5 Upon request, the customer can use HSDS’s delivery service. Any delivery costs are not included in the sales price and are the responsibility of the customer. Further details regarding the delivery service are provided in Article 9.
Article 5. QUOTATION
5.1 All quotations provided by HSDS are valid for a period of up to 7 days from the date of issue, unless otherwise stated.
Article 6. RESERVATIONS
6.1 A minimum deposit of at least 50% of the purchase price of the product(s) is required for a reservation. This deposit is not refundable in cash to the customer.
6.2 When making a reservation, the cashier must enter the client’s contact information into the system.
Last name, first name, email, residential address, phone, mobile.
6.3 The remaining amount for the purchase of the product(s) must be settled within a period of 30 days.
6.4 The customer will receive a notification by email or letter from HSDS’s financial department on the 14th and 28th days after making the reservation, reminding them of their payment obligation.
6.5 If the remaining amount is not paid by the customer after a period of 30 days, the reserved goods will automatically be released for sale.
6.6 After the above-mentioned notification, HSDS will keep the product that has been fully paid for available to the customer for a reasonable period of 60 days.
6.7 When canceling a reservation, the customer CANNOT receive a refund of the amount already paid.
6.8 When canceling a reservation, HSDS is entitled to withhold/charge 20% of the amount already paid, up to a maximum of SRD 1,000., to cover the costs incurred by HSDS.
6.9 Upon cancellation, the customer will receive an HSDS store credit in place of money (the amount already paid minus 20%, up to a maximum of SRD 1,000., to cover the costs incurred by HSDS).
6.10 For a monthly fee equal to 3% of the purchase amount of the product(s), HSDS can store the customer’s goods in its warehouse for a maximum period of 6 months.
Article 7. PROPERTY RIGHTS
7.1 HSDS retains ownership of the sold product until the customer has fully met their payment obligations to HSDS as indicated in Article 6.
Article 8. PAYMENT
8.1 The customer has an obligation to promptly report any inaccuracies in the provided or stated payment details to HSDS.
8.2 For cash sales, the customer must fully settle the purchase amount at the time of delivery, provided that products delivered from the branch warehouse must be paid at the checkout before the respective products can be collected at the ‘Goods Delivery’ department.
8.3 For delivery, payment for the products can take place immediately after the conclusion of the agreement, and payment must in any case be made upon delivery of the products.
8.4 Payment must be made in cash, by debit card, check, or bank transfer unless otherwise agreed upon in writing beforehand.
8.5 Gift cards cannot be exchanged for cash.
8.6 In case of customer default, HSDS, subject to legal limitations, has the right to charge the customer reasonable costs as previously communicated to the customer.
Article 9. DELIVERY, INSTALLATION, CONNECTION, INSPECTION, DAMAGE UPON DELIVERY, REMOVAL OF OLD PRODUCTS
9.1 When delivering and installing goods purchased at HSDS, the HSDS staff must wear their safety shoes at all times. This is for safety reasons and compliance with the SOR insurance.
9.2 If desired, the customer can use HSDS’s delivery service. Delivery costs may be charged to the customer for product delivery by HSDS. The amount of these potential delivery costs depends on the distance between the HSDS branch where the product was purchased, the delivery address, the location at the delivery address, and the number of products to be delivered. Our sales representative will inform the customer precisely about the delivery costs when drafting the sales agreement/invoice.
9.3 Upon receiving the purchase invoice, the customer must verify the information on the purchase invoice (last name, first name, email, home address, telephone, mobile). If the information is incorrect, the customer must contact HSDS’s Customer Service department immediately.
9.4 When the customer wishes to use HSDS’s delivery service, a delivery date will be agreed upon.
9.5 On the day of delivery, the customer can contact the Logistics department by phone for an indication of the delivery time (before or after noon). Deliveries take place between 09:30 and 16:00. No deliveries are made on Sundays and holidays unless otherwise specified. Items ordered through the webshop are delivered exclusively on working days (this applies to all deliveries).
9.6 If the customer is not present at the agreed-upon date and time of the delivery appointment, the delivery costs will be charged to the customer. If the customer still wishes to have their products delivered by HSDS, new delivery costs will be charged to the customer.
9.7 The customer is requested, before delivery takes place, to clear the entrance or passage to their home of obstacles (on the route to the final location of the product) to prevent damage.
9.8 For the placement of American refrigerators/freezer combinations, there must be a passage of at least 90 cm wide, at least 180 cm high, and a turning space of at least 100 cm when a door is mounted. The customer must check in advance whether doors and passages are wide and high enough to place the products at the desired location.
9.9 If a product to be delivered cannot be brought inside, the packaging will be removed in consultation with the customer.
9.10 Small products will not be unpacked by HSDS’s delivery service. Packaging materials will be removed by HSDS’s delivery service upon the customer’s request.
9.11 HSDS advises the customer to inspect the products for correctness, completeness, and any external damage immediately upon delivery. This way, in the case of an incomplete or incorrect delivery or in the case of damage to the delivered products, HSDS can quickly ensure a supplement or replacement of the delivery.
9.12 The customer will provide all necessary cooperation for the examination of the damage claim, including allowing HSDS to investigate the circumstances of the use and/or installation of the products.
9.13 HSDS’s delivery service offers the customer the option to have the old product removed for a fee. If the customer wishes to do so, they must ensure that the old product is:
a. Empty, dry, and clean (devoid of, for example, ice and food residues).
b. Completely disconnected.
c. Ready for transport.
d. If it is a built-in or undercounter product, it has been disassembled in advance.
Article 10. INSPECTION AND DAMAGE CLAIMS REGARDING PRODUCTS CUSTOMER HAS PICKED UP THEMSELVES
10.1 If the customer claims damage regarding products they have picked up themselves, the customer will provide all necessary cooperation for the examination of the damage claim, including allowing HSDS to investigate the circumstances of the use and/or the method of installation of the products.
Article 11. RETURNS, EXCHANGES
11.1 The customer can exchange a product purchased from HSDS at any HSDS branch under the conditions mentioned below.
11.2 A refund applies in the following cases:
- If the product is returned in a saleable condition within 3 days of purchase.
- If the product has not been used.
- If the product is delivered in a defective condition.
- If the placed order is canceled, and the customer has already made a payment.
11.3 Products that have undergone any alterations, in the broadest sense of the word, due to the customer or third parties, are excluded from return and exchange. In the event of a dispute, HSDS has the right to have an investigation conducted by the product’s supplier without being obligated to exchange or refund the purchase amount prior to that investigation.
11.4 If HSDS, out of goodwill, accepts the return of products, depending on the extent to which the product does not meet the conditions, HSDS may accept the product for return with a certain percentage deducted from the purchase amount or issue a gift card.
11.5 In the event that a customer is to receive a refund from HSDS, it will only be for the purchased product. Refunds for previously paid delivery and installation costs are excluded.
11.6 Refund methods for the following payment options:
- PIN: Refund possible via domestic transfer and cash payout in the store.
- CASH: Refund possible via domestic transfer and cash payout in the store, if in SRD. Giro USD and EUR will be refunded electronically. If the customer wishes, HSDS can provide a cash refund with a 4% administrative fee deduction.
- MOPE: Refund possible via MOPE.
- UNI5PAY: Refund possible via UNI5PAY.
- RXPAY: Refund possible via domestic transfer, CASH, and RXPAY. A 1% administrative fee is charged to the customer.
- IDEAL: Refund possible via IDEAL. A 2% administrative fee will be deducted.
- PAYPAL: Refund possible via Paypal. A 5% administrative fee will be deducted.
** If there are additional costs incurred, these will be charged to the customer. (transfer fees, etc.)
11.7 Very important:
If a refund occurs because HSDS could not fulfill its obligation (no-sales), the administrative and additional costs will not be charged to the customer. If the customer cancels the order afterwards, for any reason, the additional and administrative costs will be charged to the customer and deducted accordingly. The remaining amount will then be refunded.
Article 12. WARRANTY – General
12.1 On all product(s) sold by HSDS, there is a minimum warranty period.
12.2 The warranty terms and conditions are available on-site, can be requested free of charge upon the customer’s request, and can also be consulted on our websites hsds.sr and www.hsdsonline.nl.
12.3 The customer can only claim warranty from HSDS when the product is purchased at an HSDS branch in Suriname or through an HSDS webshop.
12.4 HSDS is not obligated to provide warranty if there is evidence of improper use, external factors affecting the product in the broadest sense, and if consumer electronics have been used for commercial purposes and/or defects have arisen due to disassembly.
12.5 If the investigation reveals that the defect is caused by third parties or incorrect installation, warranty is excluded.
12.6 If the investigation reveals that attempts have been made to repair the product by third parties or by a service center not recognized by HSDS, warranty is excluded.
12.7 If the product’s type or serial number has been removed or altered, the claim for warranty is void.
12.8 If HSDS personnel perform installation work for the customer outside of HSDS working hours and/or without HSDS’s permission, warranty is excluded.
Article 13. WARRANTY – for direct delivery
13.1 The warranty period starts from the moment of purchase. The cash receipt serves as the warranty proof.
Article 14. WARRANTY – for reservations
14.1 The warranty period starts 30 days after placing the reservation. The reservation receipt serves as the warranty proof.
Article 15. DEFECTIVE PRODUCTS
15.1 Defective products can be submitted to the service department or any HSDS branch. The product must have been purchased at an HSDS branch (or through the HSDS webshop).
15.2 If a defective product has not been submitted as indicated in point 15.1, HSDS cannot determine whether the defect is due to non-conformity.
15.3 HSDS sends all submitted defective products to the HSDS service center. Only after the product has been received and examined by a technician can the cause of the defect be determined (whether or not it is due to non-conformity).
15.4 If it is clearly evident upon submission that the defect has been caused by external damage (in the broadest sense of the word), HSDS may recommend sending the product to a service center specializing in repairing such defects.
15.5 HSDS is obligated to repair/replace products where the defect is due to non-conformity during the liability period, initially at no cost.
15.6 During the warranty period, it is up to HSDS to prove that the defect is not due to the product.
15.7 If the warranty claim is rejected, despite the product being submitted within the warranty period, HSDS will provide a justification for this rejection through a cost estimate.
15.8 If the customer believes they are entitled to free repair after the warranty period and the product is still within the liability period, the customer must prove that the defect is due to the product under normal use. Normal wear and tear is excluded, and the customer is responsible for it.
15.9 If the repair/replacement falls outside the warranty period, it is reasonable for the customer to contribute to the repair costs.
Repairs to Products Purchased Outside HSDS
15.10 Products purchased outside of HSDS can be submitted for repair to HSDS Customer Service.
Warranties on Repairs
15.11 Paid repairs performed by HSDS come with a 1-week warranty, unless otherwise specified on the repair receipt.
Safeguarding Data and Programs during/after Repairs
15.12 During the execution of repairs, stored data or programs may be lost. HSDS is not obligated to, nor liable for, safeguarding existing data and/or programs. Before the repair work commences, the customer must ensure that such files have been securely backed up. The customer is also responsible and liable for re-entering these files after the repair.
Payment for Repairs
15.13 Repaired products for which the customer is responsible for the costs will only be released after the total amount has been paid.
Collection of Repairs
15.14 Repairs can only be collected upon presentation of the original HSDS receipt.
15.15 HSDS is not obligated to verify whether the person collecting the products upon presentation of the original HSDS receipt is the rightful owner.
15.16 In case of loss of the original HSDS receipt, HSDS will only release the repaired or unrepaired products upon presentation of a valid identification document in the name of the person who, according to HSDS records, submitted the product for repair. The person collecting the product must sign for its receipt.
Article 16. PROTECTION OF PERSONAL AND/OR BUSINESS DATA
16.1 HSDS handles the personal data provided by the customer carefully, in accordance with its Privacy Statement and applicable legal provisions for the protection of personal data. The customer has the right to object to the use of their personal data for market research purposes. The customer is entitled to withdraw this consent at any time. If the customer wishes to exercise this right, they are requested to notify HSDS by telephone or email.
16.2 By accepting this agreement, the customer grants HSDS permission to register and use their data for improving the services and for offering new products and/or services. These offers may include information about products you have purchased. They may also include products we believe may interest you based on your previous purchases or purchases of similar products by other customers.
Article 17. INDEMNIFICATION AND LIABILITY
17.1 Indirect damage, consequential damage, business damage, delay damage, loss of income, immaterial damage, personal injury, and data loss are excluded from compensation, unless prohibited by mandatory legal provisions.
17.2 HSDS shall never be liable for an amount exceeding the purchase price of the product, excluding VAT, that caused the damage.
17.3 The right to compensation shall expire if the damage is not reported within 24 hours of discovery.
17.4 HSDS is not liable for damage that occurs during the customer’s own transportation of products.
17.5 HSDS is not liable for damage that results from abnormal use, which is understood as damage caused by external factors.
17.6 The customer is obliged to allow HSDS to investigate damage claims and, if necessary, to involve external experts. The customer is obligated to do everything possible to minimize the damage.
Article 18. COMPLAINTS
18.1 Complaints should preferably be reported to the Customer Care department.
18.2 In case of visible defects, the complaint must be filed within 24 hours of delivery. In all other cases, the complaint must be filed within a reasonable time after the customer has discovered or should have reasonably discovered the defect.
Article 19. DISPUTES AND APPLICABLE LAW
19.1 The laws of Suriname apply exclusively to agreements between HSDS and the customer to which these general terms and conditions apply, even if the customer resides abroad.