Terms and conditions

Article 1: Definitions

  1. HeatPerformance BV, based in Noordwijk aan Zee and registered with the Dutch Chamber of Commerce under number 73859834, is referred to in these terms and conditions as the Seller.
  2. The counterparty of the Seller is referred to as the Buyer.
  3. The Seller and the Buyer are collectively referred to as the Parties.
  4. The agreement refers to the purchase contract between the Parties.

Article 2: Applicability

  1. These terms and conditions apply to all offers, quotations, agreements, and deliveries of goods or services by or on behalf of the Seller.
  2. Deviations from these terms are only valid if expressly agreed in writing by both Parties.

Article 3: Payment

  1. The full purchase amount must always be paid immediately via the webshop. In case of reservations, a down payment may be required. In that case, the Buyer will receive a reservation confirmation and proof of payment.
  2. If the Buyer fails to pay on time, they are in default. In that case, the Seller is entitled to suspend obligations until payment has been received.
  3. If the Buyer remains in default, the Seller will initiate collection procedures. The Buyer will be responsible for all associated costs, calculated in accordance with applicable UK regulations.
  4. In the event of liquidation, bankruptcy, seizure, or suspension of payment by the Buyer, all claims of the Seller against the Buyer become immediately due.
  5. If the Buyer refuses to cooperate with the execution of the agreement, they are still obliged to pay the agreed price.

Article 4: Offers, Quotations, and Prices

  1. Offers are non-binding, unless a period for acceptance is stated in the offer. If the offer is not accepted within that period, it expires.
  2. Delivery times in quotations are indicative and do not entitle the Buyer to dissolution or compensation unless otherwise agreed in writing.
  3. Offers and quotations do not automatically apply to repeat orders. Parties must expressly agree to this in writing.
  4. All prices are in GBP and exclusive of UK VAT.

Article 5: Right of Withdrawal

  1. Consumers have the right to withdraw from the agreement within 30 days of receipt of the order without giving any reason. The period begins when the entire order has been received by the consumer.
  2. No right of withdrawal exists for products that are custom-made or have a limited shelf life.
  3. The consumer may request a withdrawal form from the Seller, which must be provided promptly.
  4. During the withdrawal period, the consumer must handle the product and packaging with care and only unpack or use it as necessary to assess whether they wish to keep it. If the right of withdrawal is exercised, the unused and undamaged product must be returned in its original condition and packaging, if reasonably possible.
  5. Return shipping costs are at the expense of the consumer, unless otherwise agreed.

Article 6: Changes to the Agreement

  1. If it becomes apparent during the execution of the agreement that changes or additions are required, the Parties shall amend the agreement accordingly by mutual agreement.
  2. Such changes may affect the completion time. The Seller will notify the Buyer as soon as possible.
  3. If the changes have financial and/or qualitative consequences, the Seller will inform the Buyer in advance in writing.
  4. If a fixed price was agreed, the Seller will indicate the extent to which the amendment will result in a price adjustment.
  5. No additional costs will be charged if the change is due to the Seller’s fault.

Article 7: Delivery and Risk Transfer

  1. The risk passes to the Buyer once the goods have been received by the Buyer.

Article 8: Inspection and Complaints

  1. The Buyer must inspect the delivered goods as soon as possible after delivery. They must assess whether the quality and quantity of the goods correspond with what was agreed upon or meet the usual commercial standards.
  2. Complaints regarding damage, shortages, or loss must be reported to the Seller in writing within 10 business days after delivery.
  3. If the complaint is justified, the Seller may choose to repair, replace, or issue a credit note for the product.
  4. Minor deviations in quality, quantity, size, or finish cannot be grounds for complaint.
  5. Complaints about a single product do not affect the other products in the same order.
  6. Complaints submitted after the goods have been used or modified will not be accepted.

Article 9: Battery Safety and Use

  1. The Buyer is responsible for the safe use of any batteries supplied with the product, including proper charging, avoiding heat or moisture, and preventing damage.
  2. Damaged or deformed batteries must not be used.
  3. Always consult the included manual for detailed safety instructions.
  4. Use of the battery products is entirely at the Buyer’s own risk and only for the intended purpose.

Article 10: Delivery

  1. Delivery is made ex warehouse. All related costs are borne by the Buyer.
  2. The Buyer is obligated to accept the goods at the agreed time. If they fail to do so, the Seller may store the goods at the Buyer’s expense and risk.
  3. The Seller may charge shipping costs separately.
  4. Shipping costs are calculated at checkout and are clearly indicated before the order is confirmed. These costs are borne by the Buyer unless explicitly stated otherwise.
  5. The delivery period starts after the Buyer has provided all required information.
  6. Delivery periods are indicative. The Buyer must notify the Seller in writing in case of delays.
  7. The Seller is entitled to partial deliveries and may invoice these separately.

Article 11: Force Majeure

  1. If the Seller cannot fulfill their obligations due to force majeure, they are not liable for any resulting damage to the Buyer.
  2. Force majeure includes, but is not limited to, illness, war, civil unrest, terrorism, strikes, natural disasters, fires, government measures, and failures by suppliers.
  3. If the situation lasts longer than 30 days, both Parties may dissolve the agreement in writing.
  4. If it lasts longer than 3 months, the Buyer may cancel the agreement with immediate effect by registered letter.

Article 12: Transfer of Rights

  1. Rights under this agreement may not be transferred without prior written consent of the other Party.

Article 13: Liability

  1. Any liability for damages arising from or related to the execution of the agreement is limited to the amount paid out under the Seller’s liability insurance, plus the applicable excess.
  2. This limitation does not apply to damage caused intentionally or through gross negligence by the Seller or their managerial staff.
  3. The Seller is not liable for the Buyer’s misuse or improper handling of the product.

Article 14: Warranty

  1. Consumers have a statutory right to a 2-year warranty on defects present at the time of delivery, as per UK consumer law.
  2. In addition, the Seller offers a commercial warranty:
    • 6 months on batteries and heated footwear
    • 12 months on all other products
  3. This commercial warranty starts on the day the product is received and does not affect the consumer’s statutory rights.
  4. The warranty does not apply in case of improper use, external damage, modifications, or non-compliance with the instructions.
  5. Usage instructions are available at https://www.heatperformance.co.uk/information-guide/.
  6. Use of our products is at the customer’s own risk. By using the products, the Buyer agrees to these conditions.
  7. Products from third-party manufacturers are subject to the warranty provided by that manufacturer.

Article 15: Intellectual Property

  1. All intellectual property rights (e.g. copyright, design rights, trademarks) remain with HeatPerformance BV unless otherwise agreed in writing.
  2. Without prior written permission, the Buyer may not copy, share, or use these materials in any other way.

Article 16: Amendments

  1. HeatPerformance BV reserves the right to amend these terms and conditions.
  2. Minor changes may be made at any time without prior notice.
  3. Substantial amendments will be communicated to the Buyer in advance where possible.
  4. In the event of a significant change, the consumer has the right to terminate the agreement.

Article 17: Applicable Law and Jurisdiction

  1. All agreements are governed by English law.
  2. Disputes will be submitted to the competent court in England and Wales unless mandatory law states otherwise.
  3. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
  4. If any provision is deemed unreasonably burdensome, the remaining provisions remain in full force.

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