General Terms and Conditions of Sale (Consumers)
These General Terms and Conditions of Sale (“Terms”) apply to all consumer sales from Hable One BV (“Hable"). These Terms govern your purchase of our Products (“Order”) from our Sites and App. By purchasing products from us, you agree to be bound by these terms in addition to our terms of use and any other terms which are incorporated therein by reference.
Every time you order Products from Hable, the Terms in force at that time will apply to such purchases. We encourage you to review these Terms each time you make a purchase from us.
1. Placing your order
To process your Order, you will be required to provide certain billing and shipping details so that your Order can be fulfilled. These details include your name, email address, physical billing address, physical shipping address and phone number. Please note that when you provide your credit card details for payment, you are providing them to our third-party payment service provider, who will process the payment for your Order. It is also important that the billing address that you provide correspondence with the party who paid for the Hable product(s). This is necessary to satisfy credit card processing requirements and to prevent fraud. For this reason, billing details cannot be changed once your Order is completed.
2. Pricing & Availability
By placing an Order, you agree to pay the amount displayed on your Order checkout page. Although the Services may be accessible worldwide, the Products and Services are not designed and tested for use in all countries. All Products are subject to availability, and we reserve the right to impose quantity limits on any Order, cancel all or any part of anOrder, and discontinue Products without notice, even if you have already placed your Order. All prices are subject to change without prior notice.
3. Payment and billing information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, we will notify you and your Order may be suspended or cancelled if you do not resolve the issue promptly.
You acknowledge that the amount billed may vary due to promotional offers, changes to your Order or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor)to charge your payment method for the corresponding amount.
4. Order fulfilment
All Orders must be accepted by Hable. Your order may be fulfilled from stock or could be fulfilled from a batch underproduction. In the latter case your Order will be shipped after the production is complete. While we do everything in our power to prevent errors in Orders, in the event of an error in Hable communication, we reserve the right to correct such error and revise, cancel or refund your Order if necessary.
Please note that Products purchased by you are to only be for personal or gift use - any other use is not permitted under the Terms. All Orders are subject to availability. As part of Order processing, Hable may screen Order requests and reserves the right to reject all or part of an Order, in cases such as:
- Insufficient stock or discontinuation of an item
- If the party placing the Order is suspected to be a reseller, suspected of fraud or is in a location that is not serviced by Hable’s shipping provider
- Errors in Order details or credit card processing
You may also be contacted via the email address that you provide in your Order, to confirm Order details. Hable takes illegal activity very seriously and reserves the right to cancel Orders and accounts, in instances of illegal activity.
5. Anti-fraud
Hable will engage in fraud prevention activities to protect the rights of legitimate customers and so as not to profit from fraudulent transactions. Hable reserves the right to monitor transactions for signs of fraud, such as: number of units ordered, time ofOrder, country of Order and information from the payment gateway. If a transaction is flagged for potentially being fraudulent, Hable reserves the right to cancel the transaction, refund any monies received and potentially ban the credit card and customer from future purchases.
Fraud prevention extends to the use of Hable Services, Products and Hable accounts and if they are subject to suspected fraudulent activity, Hable reserves the right to make contact using details provided, and lock both Hable accounts and hardware.
6. Errors
We attempt to be as accurate as possible and to eliminate errors; however, we do not warrant that all Product descriptions, photographs, pricing or other information are accurate, complete, reliable, current or error-free. In the event of an error, whether on theServices, at a physical retail location, in an Order confirmation or in processing an Order or delivering a Product, we reserve the right to correct such error and revise your Order accordingly (including charging the correct price) or to cancel the Order and refund any amount charged. Your sole remedy in the event of an error is to cancel your Order and obtain a refund.
7. Shipping policy
7.1 All Products are delivered on an“ex-works” basis Eindhoven, unless otherwise specefied. We will arrange shipment on behalf of you and at your expense, with all costs to be paid aspart of the Order,
7.2 We deliver the keyboard to the address you specified when placing the order. You can no longer change the address if we have already sent the package.
7.3 In the event of force majeure, Hable One cannot be held liable for any failure or delay in our performance. In these terms, “force majeure” means any cause beyond Hable One's reasonable control that prevents the normal performance of an obligation.
7.4 For certain shipping destinations we may, at our discretion, arrange for the fulfilment of the Order through our local partner.
8. Return policy
8.1 You can always return the keyboard within 14 days of receipt. You can do this by sending the keyboard in the original packaging to Hable One BV, Torenallee 20, Floor 5, 5617BC in Eindhoven
8.2 If we have received the product and it is undamaged, we will refund the full purchase amount within 14 days.
8.3 The costs for the return shipment are for your account.
8.4 During the period you have to consider whether you want to keep the keyboard, you must handle the product and the packaging with care.
9. Limited product warranty
To the fullest extent permitted by applicable law and subject to any applicable consumer guarantees that cannot be excluded, modified or restricted by law, Hable warrants that your Hable Products shall, as of the date of delivery, be free from material defects for a period of two (2) years. The date of delivery is considered the date that yourOrder was handed for shipment to our delivery service, or, for delivery in TheNetherlands, the date your Order was delivered as per delivery tracking. As your sole and exclusive remedy and Hable’s sole liability for any breach of the foregoing warranty, Hable will repair or replace the affected Product in accordance with its Product Warranty Policy. For details on Hable Product limited warranties, please visit our Product Warranty Policy.
10. Indemnification
To the fullest extent permitted by applicable law, and in addition to the indemnification obligations set forth in the Terms of Use, you agree to indemnify, hold harmless and defend Hable and the Hable Parties from and against all claims, damages, losses, liabilities, costs and expenses, including but not limited to, attorneys’ fees, that are caused by, arise out of or are related to (a) your purchase or use of anyProduct in a manner that is illegal, tortious, or violates the rights of another, or that constitutes a misuse of the Product; (b) your breach of theseTerms; or (c) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim.Hable reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Your indemnification obligation will survive the termination of these Terms and your use of theProducts. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Hable.
11. Disclaimer of warranties
Except for the limited product warranty expressly set forth herein and subject to any legal rights you may have under any law that applies to you which cannot be excluded, restricted or modified by agreement (“your consumer rights”), the products are provided strictly on an“as is” and “as available” basis without warranty of any kind, express or implied or statutory, the express warranties set forth in these terms are in line of, and Hable specifically disclaims, all other warranties whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Nothing in these terms of use limits, excludes, restricts, modifies or purports to limit, exclude, restrict or modify your consumer rights. if any part of these terms contradicts your consumer rights or any other applicable law, then your consumer rights or other applicable law will prevail over that part. If you suffer any loss in connection with our products or services, you must take all reasonable steps to minimise your loss, including notifying us without delay if there are steps we can take to help minimise your loss.
12. Applicable Law
The Terms and any sales and Order fulfilment shall be exclusively governed by Dutch law. Any disputes arising out of or relating to the Terms, any Order or sale shall be submitted exclusively to the competent Dutch court.
13. Contacting Hable
We want to help you stay informed about your privacy when you use Hable products and services. If you have any questions about this Privacy Policy, please contact us via support@iamhable.com or write to us at:
Hable One B.V., Torenallee 20, 5617BC Eindhoven, the Netherlands.
