General Terms and Conditions Adfuntage BV
Article 1 – Application of the general terms and conditions
- These general terms and conditions consist of two distinct titles. Depending on the capacity of the customer, consumer or business customer, Title I or Title II respectively will apply. These titles should therefore be applied strictly separately from each other.
- Title I (article 2 – 19) applies to the contractual relationship, as described in art. 4 of Adfuntage BV with consumers.
- Title II (Article 20 – 32) applies to the contractual relationship, as described in art. 21 of Adfuntage BV with business customers.
- Specifically for Evion li-ion batteries and accessories, additional conditions apply, which are included in the accompanying manual. These apply to Title I and Title II of these terms and conditions.
Title I – Business to Consumer
Article 2 – Definitions
In these terms and conditions the following definitions apply:
- Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between the third party and the entrepreneur;
- Reflection period: the period within which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
- Durable data carrier: any tool – including email – that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
- Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
- Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby exclusive or joint use is made up to and including the conclusion of the agreement. uses one or more techniques for remote communication;
- Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Annex I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
- Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.
Article 3 – Identity of the entrepreneur
Adfuntage BV (statutory name, possibly supplemented with trade name); Business address: Bremere 43, 4724 HD Wouw; Visiting address: Hazeldonk 6252-6254, 4836 LG Breda; Phone number: +31680070268E-mail address: firstname.lastname@example.org Chamber of Commerce number: 59387432 VAT identification number : NL853454498B01
Article 4 – Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions. .
Article 5 – The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 6 – The agreement
- Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the associated conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
- At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about guarantees and existing after-sales service;
- the price including all taxes of the product, service or digital content; to the extent applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
- if the consumer has a right of withdrawal, the model withdrawal form.
- In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Article 7 – Right of withdrawal
- The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
- The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
- in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content that is not provided on a tangible medium:
- The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for a minimum of 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
- The reflection period referred to in paragraph 3 commences on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content that is not delivered on a material medium in the event of not informing about the right of withdrawal:
- If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.
Article 8 – Obligations of the consumer during the reflection period
- During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
- The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
- The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 9 – Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer makes use of his right of withdrawal, he will report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.
- The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal rests with the consumer.
- The consumer bears the direct costs of returning the product.
- The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
- prior to the delivery thereof, he has not expressly agreed to commence fulfillment of the agreement before the end of the cooling-off period;
- he has not acknowledged to lose his right of withdrawal when granting his consent; or
- the entrepreneur has failed to confirm this statement from the consumer.
- If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 10 – Obligations of the entrepreneur in the event of withdrawal
- If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will immediately send a confirmation of receipt after receipt of this notification.
- The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
- The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 11 – Exclusion right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
- Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
- Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or who is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
- Service agreements, after full performance of the service, but only if:
- the execution has started with the express prior consent of the consumer; and
- the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
- Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
- Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of implementation and other than for residential purposes, freight transport, car rental services and catering;
- Agreements relating to leisure activities, if the agreement provides for a specific date or period for its implementation;
- Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
- Products that are irrevocably mixed with other products after delivery by their nature;
- Alcoholic drinks, the price of which was agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
- Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
- Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
- The supply of digital content other than on a tangible medium, but only if:
- the execution has started with the express prior consent of the consumer; and
- the consumer has declared that he loses his right of withdrawal.
Article 12 – The price
- During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur can offer variable prices for products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This dependence on fluctuations and the fact that any prices quoted are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
Article 13 – Compliance with the agreement and extra guarantee
- 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. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to comply with his part of the agreement.
- An extra guarantee is understood to mean any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement. .
- Specifically for the Raptor boats, there is a 5-year warranty on the fabric and seams.
- If, after assessment by the Entrepreneur, it appears that the item in question does not meet the warranty issued as described in paragraph 1, the Entrepreneur will provide a suitable solution within a reasonable period of time. The Entrepreneur has the choice of either repairing, replacing or reimbursing the item as a solution. In the event of replacement of an item, the Consumer is obliged to return the item to be replaced to the Entrepreneur and transfer the ownership thereof to the Entrepreneur.
- The warranty does not apply if a defect is caused by injudicious or improper use, or if the Consumer or third parties have made changes to the article (or have attempted to do so), or if the article has been used for purposes for which it was not intended. .
- Without prejudice to the previous warranty provisions, the Entrepreneur is not liable if the defect is due to intent, gross negligence, injudicious use or improper use of the Consumer.
Article 14 – Delivery and execution
- The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
- After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 15 – Duration transactions: duration, cancellation and extension
- The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, with due observance of the agreed cancellation rules and a notice period of no more than one month.
- The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, subject to the agreed cancellation rules and a notice period of at least maximum one month.
- The consumer may terminate the agreements referred to in the previous paragraphs: o at any time and not be limited to termination at a specific time or in a specific period; o at least cancel in the same way as they entered into by him; o always cancel with the same notice period as the entrepreneur has stipulated for himself.
- An agreement entered into for a definite period of time and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
- Notwithstanding the previous paragraph, a contract that has been entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer opposes this extended contract. can cancel the end of the extension with a notice period of no more than one month.
- An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer is allowed to cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.
Article 16 – Payment
- Insofar as not provided otherwise in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 1 day after the start of the cooling-off period, or in the absence of a cooling-off period within 1 day after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
- When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.
- The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
- If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the If payment is not made within this 14-day period, the statutory interest will be owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.
Article 17 – Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
- 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 answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
- The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this term, a dispute arises that is subject to the dispute settlement procedure.
Article 18 – Disputes
- Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 19 – Additional or deviating provisions
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Title II – Business to business
Article 20 – Parties
- Adfuntage BV, registered with the Chamber of Commerce in Breda under number 59387432, established in Wouw at 43 Bremere (4724 HD), user of these general terms and conditions.
- Further information from Adfuntage BV:
Website: www.raptorboats.nl / Mail: email@example.com / Tel: +31 6 800 70 268 / VAT: NL853454498B01
- Customer: the (legal) person who acts in the course of his business or profession; the (potential) customer of goods or services offered by Adfuntage BV
Article 21 – Applicability
- The general terms and conditions apply to every offer, quotation and agreement between the User and the Customer to which the User has declared these terms and conditions applicable.
- General terms and conditions of contracting parties and/or third parties only apply if expressly accepted by the User and confirmed in writing.
- The Customer can only invoke deviating and/or additional stipulations if and insofar as they have been expressly accepted in writing by the User.
- The Customer with whom a contract has once been concluded on the basis of these terms and conditions, agrees to the applicability of these terms and conditions to subsequent agreements between him and the User.
- By placing an order on www.raptorboats.nl, the Customer agrees to these general terms and conditions.
- The general terms and conditions have been drawn up in accordance with the general rules for (purchase) agreements from books 6 and 7 of the Dutch Civil Code.
Article 22 – Offer and agreement
- All quotations are without obligation unless a term for acceptance is stated in the quotation. A quotation or offer lapses if the product to which the quotation or offer relates is no longer available in the meantime.
- The User cannot be held to its prices, quotations or offers if the Customer can reasonably understand that the quotations or offers, or a part thereof, contain an obvious mistake or error.
- The prices stated in a quotation or offer are exclusive of VAT and exclusive of shipping costs, unless stated otherwise.
- In the case of a composite quotation, there is no obligation to deliver part of the order at a corresponding part of the price stated for the whole. Offers or quotations do not automatically apply to future orders.
- The agreement between the parties is established:
- When ordering via the web shop: as soon as the Customer has correctly completed the ordering procedure on the raptorboats.nl website and after the confirmation email sent by the User of the agreement has arrived in the mailbox of the email address specified by the Customer.
- For orders other than through the webshop: the moment both parties have signed a written offer, after Adfuntage BV has confirmed or accepted a written acceptance or offer, or after Adfuntage BV, or a third party on its behalf, has started with the execution.
- Any agreement with the User is entered into under the suspensive condition that the Customer appears to be sufficiently creditworthy on the basis of information to be obtained by the User.
- The User reserves the right to refuse orders/orders without stating reasons. In such a case, the User will not be liable for damages to the Customer.
Article 23 – Products
- Information regarding the composition, quality and properties of the products supplied by the User is provided to the best of the User's knowledge, but does not constitute any guarantee.
- The User has the right at all times to determine that, in its opinion, the products will only be delivered in certain minimum quantities.
Article 24 – Delivery
- Delivery takes place at the specified delivery address, unless another form of delivery has been agreed.
- Delivery condition is ex-factory. The Buyer can only invoke a deviating delivery condition if and insofar as it has been expressly accepted in writing by the User.
- Unless expressly agreed otherwise, delivery terms can never be regarded as strict deadlines. Even with an agreed deadline, the User is only in default after the Customer has given it notice of default and has set a reasonable period of at least 30 days to still deliver.
Article 25 – Force majeure
- If the performance of the agreement is delayed by more than four weeks due to force majeure on the part of the User, both the User and the Customer are authorized to dissolve the agreement.
- If force majeure occurs while the agreement has already been partially implemented, the User is entitled to demand payment for the part of the agreement that has already been performed.
- Force majeure in these terms and conditions means any circumstance independent of the will of the User that permanently or temporarily prevents the fulfillment of the agreement, as well as insofar as this does not already include war, danger of war, riot, strike, government measures, fire, lack of raw materials. , defects in machines, transport difficulties and late delivery by suppliers of the User.
- If the User proceeds to dissolve the agreement on the basis of force majeure, it is not obliged to compensate the Customer for damage.
Article 26 – Warranty and Complaints
- The items delivered by the User meet the usual quality requirements and standards that can reasonably be set for them, under normal use, at the time of delivery.
- The buyer is obliged to check the goods immediately after delivery for conformity with regard to quantity and quality. If the delivered item does not comply with the conformity that has been agreed on the basis of the agreement, and therefore there is a defect, the Customer must inform the User about this within 48 hours of receipt of the delivered item.
- The existence of a defect never entitles the Customer to dissolve the agreement or to withhold payment in whole or in part. Under no circumstances can the Customer claim compensation.
- If a defect is reported later, the Customer is no longer entitled to repair, replacement or compensation.
- If, after assessment by the User, it appears that the item in question does not meet the warranty issued as described in paragraph 1, the User will provide a suitable solution within a reasonable period of time. As a solution, the User has the choice of either repairing, replacing or reimbursing the item.
In the event of replacement of an item, the Customer is obliged to return the item to be replaced to the User and transfer ownership thereof to the User.
- The warranty does not apply if a defect is caused by injudicious or improper use, or if the Customer or third parties have made changes to the item (or have attempted to do so), or if the item has been used for purposes for which it was not intended. .
- If an article supplied by the User does not correspond to the agreement concluded and this is regarded as a defect within the meaning of the product liability scheme, the User is not liable for any consequential damage resulting therefrom.
- Without prejudice to the previous warranty provisions, the User is not liable if the defect is due to intent, gross negligence, injudicious use or improper use of the Customer.
Article 27 – Liability
- The User is not liable for damage, of whatever nature, caused by the fact that the User relied on incorrect and/or incomplete information provided by or on behalf of the Customer.
- The liability of the User is in any case limited to the amount of the invoice for the delivered goods, at least to that part of the order to which the liability relates.
- User is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage due to business interruption.
- The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence by the User.
Article 28 – Suspension/dissolution
- Without prejudice to the cases referred to in the Act, if the Customer fails imputably in the fulfillment of its obligations, the User has the right, without notice of default and judicial intervention, either to suspend the execution of the agreement for a maximum of three months, or to suspend it in full or in part, without the User being obliged to pay any compensation and without prejudice to the User's further rights.
- The User's right to suspension or full or partial dissolution also applies if there are serious doubts as to whether the Customer is able to fulfill its contractual obligations towards the User, as well as in the event of bankruptcy, suspension of payments, liquidation, transfer of the company. of the Customer and furthermore in the event that the Customer's goods are seized, or the Customer is placed under guardianship or otherwise loses the authority to dispose of its assets or parts thereof.
- The customer is only authorized to suspend its obligation arising from the agreement. The possibility of dissolution of the agreement between the User and the Customer on the basis of Article 6:265 of the Dutch Civil Code is excluded.
Article 29 – Force majeure
- The User is not obliged to fulfill any obligation towards the Customer if the latter is prevented from doing so as a result of a circumstance that is not due to fault, nor is it for his account under the law, a legal act or generally accepted standards.
- Force majeure in these general terms and conditions is understood to mean, in addition to what is understood in this regard in the law and jurisprudence, all external causes, foreseen or unforeseen, over which the User can exercise no influence. However, under this, the User is unable to fulfill his obligations. Strikes in the company of the User or third parties included. The User also has the right to invoke force majeure if the circumstances that prevent (further) fulfillment of the agreement arise after the User should have fulfilled his obligation.
Article 30 – Payment
- Payment must be made within 14 days of the invoice date without deduction or set-off. In the event of late payment, the Customer is in default without prior notice of default being required by the User.
- The first order of a new Customer takes place via prepayment.
- The User is at all times and irrespective of the agreed payment conditions entitled to oblige the customer to provide security for the payment of the amounts to be paid to the User under this agreement.
- In the event of late payment, the Customer is obliged to pay full compensation for both extrajudicial and judicial collection costs. The extrajudicial collection costs amount to 15% of the principal with interest, with a minimum of €40.
- Payments made by the customer are first settled against any interest and costs owed and then against payable invoices that have been outstanding the longest.
Article 31 – intellectual property
- The User reserves the rights and powers to which it is entitled under the Copyright Act and other intellectual laws and regulations.
Article 32 – Applicable law
- All legal relationships to which the User is a party are exclusively governed by Dutch law, even if an agreement is wholly or partially performed abroad or if the party involved in the legal relationship is established there. The applicability of the Vienna Sales Convention is excluded.
- In the event that a dispute arises from the agreement between the parties, the exclusive and absolute competent court will be the court in the district in which the municipality of Roosendaal is subject, subject to mandatory law.
- The parties will only appeal to the court after they have made every effort to settle a dispute in mutual consultation.
Annex I: Model withdrawal form
Model withdrawal form
(only fill in and return this form if you want to revoke the agreement)
- To: Adfuntage BV
Bremere 43, 4724 HD Wow
- I/We* hereby give notice that I/we* have concluded our agreement for the sale of the following products: [product designation]* the supply of the following digital content: [digital content designation]* the performance of the next service: [service designation]*, revoke/revoke*
- Ordered on*/received on* [order date for services or receipt for products]
- [Name of consumer(s)]
- [Address consumer(s)]
- [Signature consumer(s)] (only when this form is submitted on paper)
* Strike out what is not applicable or fill in what is applicable.