When providing services
1.1 All offers, where not expressly stated to the contrary, are considered as non-binding offers that can be revoked even after acceptance. If this revocation does not take place within 6 working days after acceptance, the agreement has been concluded.
2. Establishment of the agreement
2.1 The Agreement is formed by these general terms and conditions together with the order confirmation and is concluded when the order confirmation is received digitally by the Contractor and / or the order confirmation signed by the Contractor and the Client is received by the Contractor. As long as the order confirmation has not been returned, the Contractor reserves the right to deploy its (personnel) capacity elsewhere. The order confirmation is based on the information provided by the Client to the Contractor at that time. The order confirmation is deemed to represent the Agreement correctly and completely.
2.2 The Agreement supersedes and replaces all previous proposals, correspondence, agreements or other communication, whether in writing or orally.
2.3 The Agreement is entered into for an indefinite period of time, unless it follows from the content, nature or scope of the Assignment granted that it has been entered into for a specified period of time.
3. Execution of the assignment
4.1 All work performed by the Contractor will be performed to the best of its knowledge and ability in accordance with the requirements of good workmanship. With regard to the intended activities, there is a best efforts obligation on the part of the Contractor, unless explicitly stated otherwise.
4.2 If the Client wishes to involve third parties in the execution of the Assignment, he will only do so after having reached agreement with the Contractor on this, as the direct or indirect involvement of a third party in the execution of the Assignment can have a significant influence on the possibilities of the Contractor to correctly execute the Assignment. The provisions of the previous sentence apply mutatis mutandis to the Contractor.
4.1 Payment by the Client must be made, without deduction, discount or set-off, within 8 days after the invoice date, unless stated otherwise. Payment must be made in the currency indicated on the invoice, by means of a transfer into a bank account to be designated by the Contractor. Objections to the amount of the submitted invoices do not suspend the Client's payment obligation.
4.2 If the term referred to under 4.1 is exceeded, the Client will be in default by operation of law after having been reminded by the Contractor at least once to pay within a reasonable term. In that case, the Client owes the statutory interest from the date on which the amount owed has become due and payable until the time of payment. In addition, all costs of collection after the Client is in default, both judicial and extrajudicial, will be borne by the Client. If the Contractor has to take collection measures after the due date, the Client will owe extrajudicial costs - in accordance with “Rapport Voorwerk II”.
5.1 The Contractor will perform its work to the best of its ability and thereby observe the care that can be expected from the Contractor. If an error is made because the Client has provided incorrect or incomplete information to the Contractor, the Contractor is not liable for any damage caused as a result. If the Client demonstrates that it has suffered damage as a result of an error on the part of the Contractor that would have been avoided by acting carefully, the Contractor is only liable for direct damage up to a maximum amount of € 250.
6. Applicable law and choice of forum
6.1 Dutch law applies to all Agreements between the Client and the Contractor.
When delivering products
7. Right of withdrawal
7.1 When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
7.2 During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
7.3 If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
7.4 If the customer has not made it known after the expiry of the periods referred to in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal resp. the product has not been returned to the entrepreneur, the purchase is a fact.
8. Costs in case of withdrawal
8.1 If the consumer makes use of his right of withdrawal, the costs of shipping and return will be for his account.
8.2 If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be submitted.
9. The price
9.1 The prices stated in the offer of products include VAT.
9.2 All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
10. Conformity and warranty
10.1 The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement. and / or government regulations.
10.2 Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days / weeks after delivery. Products must be returned in the original packaging and in new condition.
10.3 The entrepreneur does not provide any warranty for the products. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
11. Delivery and execution
11.1 The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
11.1 The place of delivery is the address that the consumer makes known to the company.
11.2 All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
11.3 The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.
12.1 The amounts owed by the consumer must be paid within the agreed payment term.
12.2 The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
12.3 In case of non-payment of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
13. Complaints procedure
13.1 Complaints about a product must be fully and clearly described and submitted to the entrepreneur within 14 days, after the consumer has discovered the defects.
13.2 Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
13.3 If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will replace or repair the delivered products free of charge, at his discretion.
14.1 Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.
14.2 The Vienna Sales Convention does not apply.