GENERAL TERMS AND CONDITIONS
: , established in , Chamber of Commerce no. .
Customer: the party which has entered into an agreement with.
Parties: and customer together.
Consumer: a customer who is an individual acting for private purposes.
These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of .
Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
Consequences of late payment
If the customer does not pay within the agreed term, is entitled to charge from the day the customer is in default, whereby a part of a month is counted for a whole month.
When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to .
The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
If the customer does not pay on time, may suspend its obligations until the customer has met his payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of on the customer are immediately due and payable.
If the customer refuses to cooperate with the performance of the agreement by , he is still obliged to pay the agreed price to .
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
The customer waives his right to settle any debt to with any claim on .
Delivery takes place while stocks last.
Delivery takes place at unless the parties have agreed upon otherwise.
Delivery of products ordered online takes place at the address indicated by the customer.
If the agreed price is not paid on time, has the right to suspend its obligations until the agreed price is fully paid.
In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by .
Any delivery period specified by is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place in time.
Transport costs are paid by the customer, unless the parties have agreed upon otherwise.
Packaging and shipping
If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which may not be held liable for any damage.
If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to , failing which cannot be held liable for any damage.
The customer indemnifies against all third-party claims that are related to the products and/or services supplied by .
The customer must provide any notice of default to in writing.
It is the responsibility of the customer that a notice of default actually reaches (in time).
Joint and several Client liabilities
If enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to under that agreement.
is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
If is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
If is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Every right of the customer to compensation from shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.
The customer has the right to dissolve the agreement if imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
If the fulfillment of the obligations by is not permanent or temporarily impossible, dissolution can only take place after is in default.
has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give good grounds to fear that the customer will not be able to fulfill his obligations properly.
In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of in the fulfillment of any obligation to the customer cannot be attributed to in any situation independent of the will of , when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from .
The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a situation of force majeure arises as a result of which cannot fulfill one or more obligations towards the customer, these obligations will be suspended until can comply with it.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major changes in content will be discussed by with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
The customer cannot transfer its rights deferring from an agreement with to third parties without the prior written consent of .
This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annullability
If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what had in mind when drafting the conditions on that issue.
Applicable law and competent court
Dutch law is exclusively applicable to all agreements between the parties.
The Dutch court in the district where is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/nl/nl).
Drawn up on .