These General Terms and Conditions have been Concluded on: June 8, 2018
The General Terms and Conditions or Schutzhuellenshop.de, located at Het Wolbert 19, 7547RA Enschede, registered with the Chamber of Commerce under number: 66550521.
Index: Article 1 -Definitions
Article 2 -Identity of the Entrepreneur
Article 3 - Applicability Article 4 - The offer Article 5 - The contract Article 6 - Right of withdrawal Article 7 - Obligations of the consumer during the reflection period Article 8 - Exercise of the contract right of withdrawal by the consumer and costs thereof Article 9 - Obligations of the Entrepeneur in case of withdrawal Article 10 - Exclusion of right of withdrawal Article 11 - The price Article 12 - Compliance and additional guarantee Article 13 - Research and advertising Article 14 - Delivery and implementation Article 15 - Risk transition Article 16 - Reservation of ownership Article 17 - Force majeure Article 18 - Length transactions: duration, cancellation and cancellation extension Article 19 - Payment Article 20- Liability Article 21 - Complaints Article 22- Change of terms and conditions Article 23 - Disputes Article 24 - Additional or different terms
Article 1 - Definitions In these conditions, the following definitions apply:
Additional Agreement: a contract in which the consumer acquires products, digital content and / or services in connection with a distance contract and these goods, 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 time: 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 professional activity;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration contract: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
Durable data carrier: every device - including e-mail - that enables the consumer or Entrepreneur to store information that is addressed to him in person in a way that future consultation or use during a period that is geared to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to waive the distance contract within the reflection period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services to consumers at a distance. In these General Terms and Conditions namely Schutzhuellenshop.de
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 up to and with the conclusion of the agreement exclusively or partly made use of one or more techniques for distance communication;
Model form for withdrawal: the European model form for withdrawal included in Appendix I of these conditions;
Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be in the same room at the same time.
Product: All items that are the subject of the agreement concluded between the Consumer and the Entrepreneur.
Article 2 - Identity of the entrepreneur Winza B.V. Het Wolbert 19 7547 RA Enschede Netherlands
Visiting address: Het Wolbert 19 7547 RA Enschede Netherlands
If the activity of the entrepreneur is subject to a relevant licensing system: the data about the supervisory authority.
If the entrepreneur has a regulated profession: - the professional association or organization to which he is affiliated; - the professional title, the place in the EU or the European Economic Area where it is awarded; - a reference to the professional rules applicable in the Netherlands and instructions on where and how these professional rules are accessible.
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer, unless the parties expressly deviate from these General Terms and Conditions in writing.
These General Terms and Conditions also apply to agreements with Entrepreneur, when third parties are involved for the benefit of the execution of the agreement.
The applicability of any purchase or other General Terms and Conditions of the Consumer is explicitly rejected.
If it appears that one or more provisions in these General Terms and Conditions are void or voidable, then the General Terms and Conditions will remain in effect for all other provisions. In the event of this situation, the Entrepreneur and the Consumer will enter into consultation with the aim of agreeing new provisions to replace the void or nullified provisions.
The Entrepreneur makes these general terms and conditions available to the Consumer by providing the Consumer with timely and accurate information on the General Terms and Conditions. If this is not reasonably possible, the entrepreneur before the distance contract is concluded, indicates how the general terms and conditions can be read 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, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer simply store the document. 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 at the request of the consumer they will be sent free of charge by electronic means or otherwise.
Article 4 - The offer
All offers made by the Entrepreneur are without obligation, unless a term for acceptance has been set in the offer. If a period for acceptance is stated in the offer, the offer expires when this period has expired.
The offer contains a complete and accurate description of the offered products, digital content and / or services. 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 reflection of the offered products, services and / or digital content. Obvious mistakes or errors in the offer do not bind 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.
The offer is valid as long as the stock lasts.
The Entrepreneur can not be held to his offers if the Consumer, according to terms of reasonableness and fairness and generally accepted views, should have understood that the offer or a part thereof contains an obvious mistake or error.
If the acceptance, whether or not on minor points, deviates from the offer included in the offer, then the Entrepreneur is not bound by it. The Agreement will then not be concluded in accordance with this deviating acceptance, unless the Entrepreneur indicates otherwise.
A composite quotation does not oblige the Entrepreneur to deliver part of the goods included in the offer against a corresponding part of the stated price.
Offers do not automatically apply to future orders or repeat orders.
Article 5 - The contract
The agreement is, with reservations to paragraph 3, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can within statutory frameworks - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the grounds of this investigation, it is good reason not to enter into the agreement, he is entitled to refuse an order or request, or to attach special conditions to the execution.
At the latest upon delivery of the product, the service or digital content, the entrepreneur shall 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 medium: a. from the branch of the entrepreneur where the consumer can go with complaints; b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. the information about guarantees and existing service after purchase; d. the price including all taxes of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration; f. if the consumer has a right of withdrawal, the model form for withdrawal.
In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal In case of products:
The consumer can terminate an agreement regarding the purchase of a product during a cooling off period of 14 days without giving any reason. The Entrepreneur may ask the consumer about the reason for the withdrawal, but not to 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 by the consumer in advance, who is not the carrier, has received the product, or: a. If the consumer 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 informed the consumer in a clear manner prior to the ordering process, refuse an order of several products with a different delivery time. b. 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, received the last shipment or the last part; c. in contracts 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 delivered on a material carrier:
The consumer can terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 14 days without giving any reason. The Entrepreneur may ask the consumer about the reason for the withdrawal, but not to oblige him to state his reason (s).
The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection time for products, services and digital content that has not been provided on a material carrier when 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 expires, twelve months after the end of the original accordance with the preceding paragraphs of this Article reflection period set in.
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 period of reflection, the reflection period will expire 14 days after the day on which the consumer has received this information.
Article 7 - Obligations of the consumer during the reflection period
During the reflection period the consumer will handle the product and the packaging carefully. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation 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 the value reduction of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.
The consumer is not liable for the value reduction of the product if the entrepreneur has not provided all legally required information about the right of withdrawal.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
The Consumer can revoke the Agreement via the standard withdrawal form offered by the Entrepreneur or in a manner chosen by the Consumer.
If the Consumer has exercised his right of withdrawal, the Consumer is obliged to return the goods within 14 calendar days because the Consumer has informed the Entrepreneur that he is canceling the agreement.
If the Consumer returns the goods delivered, the Consumer must return the goods in a proper packaging, with all accessories and in original condition. The shipping costs of the return are at the risk and expense of the Consumer.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
If the consumer rescinds after having explicitly requested that the provision of the service or the supply of gas, water or electricity that are not ready for sale starts in a limited volume or quantity during the reflection period, the consumer is the entrepreneur the amount that is proportional to that part of the obligation that the entrepreneur has fulfilled at the time of revocation, compared with the full fulfillment of the commitment.
The consumer does not incur any costs for the execution of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if: a. The entrepreneur the consumer the statutory mandatory information about the right of withdrawal, the cost reimbursement upon revocation or the standard form for withdrawal has not provided, or; b. the consumer has not expressly requested the commencement of the execution of the service or delivery of gas, water, electricity or district heating during the reflection period.
The consumer does not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium if: a. He has not explicitly agreed to commence the agreement before the end of the reflection period prior to the delivery. ; b. he has not acknowledged to lose his right of withdrawal when giving his consent; or c. 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 9 - Obligations of the entrepreneur in the event of cancellation
If the goods are not available, the Entrepreneur shall inform the Consumer as soon as possible and the Entrepreneur shall return the deposit amount within fourteen calendar days at the latest. If the Entrepreneur and the Consumer agree that a case of similar quality and price may be delivered, then the shipping costs for the return will be borne by the Entrepreneur. The foregoing is only applicable if the Consumer makes use of his right of withdrawal during the reflection period.
If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will send an acknowledgment of receipt immediately after receipt of this notification.
The Entrepeneur will reimburse all payments from the consumer, including any delivery costs charged by the Entrepeneur for the returned product, immediately 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 to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to another method. The reimbursement 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 10 - Exclusion of 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 of which the price is subject to fluctuations in the financial market on which the entrepreneur has no influence and which can occur within the withdrawal period;
Agreements that are concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and / or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and / or services;
Service contracts, after full execution of the service, but only if: a. The performance has started with the express prior consent of the consumer; and b. the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
Package travel as referred to in Article 7: 500 Dutch Civil Code and passenger transport agreements;
Service agreements for the provision of accommodation, if a certain date or period of execution is provided for in the agreement and other than for residential purposes, freight transport, car rental services and catering;
Agreements with regard to leisure activities, if a specific date or period of execution is provided for in the agreement;
Products manufactured according to the consumer's 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 which for reasons of health protection or hygiene are not suitable to be returned and of which the seal has been broken after delivery;
Products that are irrevocably mixed with other products by their nature after delivery;
Alcoholic beverages of which the price has been 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 of the market on which the entrepreneur has no influence;
Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, magazines or magazines, with the exception of subscriptions to this;
The delivery of digital content other than on a tangible medium, but only if: a. The performance has begun with the express prior consent of the consumer; and b. the consumer has stated that he thereby loses his right of withdrawal.
Article 11 - The price
The prices are expressed in euros, including VAT and other government levies, unless otherwise indicated.
The orders less than € 45.00 do not include travel, accommodation, packaging, delivery or shipping costs and administration costs, unless stated otherwise. The orders over € 45, - include travel, accommodation, packaging, delivery or shipping costs and administration costs, unless stated otherwise.
An extra fee will be charged for shipments abroad.
Of all additional costs, the Entrepreneur shall provide the Consumer with timely information before concluding the Agreement or provide data on the basis of which these costs can be calculated by the Consumer.
During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and: a. They are the result of statutory regulations or stipulations; or b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect. c. Entrepreneur is still prepared to execute the Agreement on the basis of the originally agreed
d. stipulated that the delivery will take place more than three months after the purchase.
The Consumer is entitled to dissolution of the Agreement if the price is increased more than three months after the conclusion of the Agreement, unless the Agreement stipulates that the delivery will take place more than three months after the purchase.
Article 12 - Compliance agreement and additional guarantee
The Entrepreneur guarantees that the delivered goods comply with the agreement. The Entrepreneur also guarantees that the items delivered meet the usual requirements and standards that can reasonably be imposed on them and that the items have those properties which, taking all circumstances into account, are required for normal use.
The guarantee stated in these General Terms and Conditions applies to use inside and outside the Netherlands.
The guarantee applies, from the moment of delivery, for a period of 6 months, unless the nature of the delivery dictates otherwise or parties have agreed otherwise. After expiry of the guarantee period, all costs for repair or replacement, including administration, shipping and call-out charges, will be charged to the Consumer.
If the delivered item has been produced by a third party, then the guarantee that is provided by this third party applies unless otherwise indicated.
If the delivered Product does not comply with the warranty, then, after mentioning this, the Entrepreneur shall replace or repair the Product free of charge within a reasonable period after receipt.
When the guarantee period has expired, all costs for repair or replacement, including administrative, shipping and call-out costs, are at the expense of the Consumer.
Any form of guarantee will lapse if a defect arises as a result of improper use or lack of care, whether it is a consequence of changes that the Consumer or third parties have made to the delivered goods. Nor does the Entrepreneur guarantee the possible damage resulting from these defects.
The guarantee also expires if the defect arises due to or is the result of circumstances that the Entrepreneur can not influence. Under these circumstances include weather conditions.
An additional guarantee provided by the Entrepreneur, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can enforce against the Entrepreneur under the agreement if the Entrepreneur has failed to fulfill his part of the agreement.
An additional guarantee is understood to mean every obligation of the entrepreneur, its supplier, importer or producer in which it assigns to the consumer certain rights or claims that go beyond what is legally required in the event that it has failed to fulfill its part of the agreement. .
Article 13 Investigation and advertising
The Consumer is obliged to inspect the delivered goods at the moment of delivery, but in any case within 14 days after delivery. In addition, the Consumer should examine whether the quality and quantity of the delivered goods correspond with what has been agreed, or at least meet the requirements that apply to them in the ordinary course of trade.
Visible defects and shortcomings must be reported to the Entrepreneur in writing within 14 days after delivery of the Product. The defective Product must be returned together with the proof of purchase, unless this is impossible or unreasonably onerous.
Non-visible defects and shortcomings must be reported to Entrepreneur within 30 days of discovery. The defective Product must be returned together with the proof of purchase, unless this is impossible or unreasonably onerous.
The right to (partial) refund of the price, repair or replacement of the Product or compensation will lapse if defects are not reported within the set period, unless a wider period ensues from the nature of the Product or from circumstances of the case.
The payment obligation will not be suspended if the Consumer notifies the Entrepreneur within the set period of the defective item.
If a complaint is made in time, the Consumer remains obliged to purchase and pay for the purchased items, unless they do not have an independent value.
Article 14 - Delivery and execution
The Entrepreneur will take the greatest possible care when receiving and implementing 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.
If the Entrepreneur needs data or instructions from the Consumer, which are necessary for the delivery, the delivery time starts after the Consumer has provided it to the Entrepreneur.
Delivery takes place because the goods are put in the power of the Consumer. After delivery, the risk of the case passes to the Consumer.
In the case of distance selling, the delivery must take place within 30 calendar days at the latest, unless another delivery period has been agreed.
If for the delivery of the case a term has been agreed or stated, then this period is only indicative and can never be regarded as a deadline.
If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without penalty and the right to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay 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 pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.
The Consumer is obliged to purchase the purchased goods at the moment they are handed over to him, unless this entails serious objections or unreasonable costs.
If the Consumer at the place of delivery refuses to accept the goods or is negligent with the provision of data or instructions necessary for the delivery, the goods intended for delivery shall be stored at the risk and expense of the Consumer, after Entrepreneur informed the Consumer of this.
If the delivery term is exceeded, the Consumer must give the Entrepreneur written notice of default, whereby the Entrepreneur is still offered a reasonable period to deliver the item.
A notice of default is not necessary if the delivery has become permanently impossible or otherwise it appears that the Entrepreneur will not fulfill his obligations under the Agreement. If the Entrepreneur does not proceed to delivery within this period, the Consumer has the right to dissolve the Agreement without judicial intervention and / or to demand compensation.
Article 15 Transfer of risk
The goods that are the subject of the Agreement are at the expense and risk of the Entrepreneur up to the moment of bringing the goods into the hands of the Consumer.
The risk of loss, damage or loss of value of items that are the subject of the Agreement will pass to the Consumer at the time when goods are placed under the control of the Consumer or a third party to be designated by the Consumer.
Article 16 Retention of title
All items supplied by Entrepreneur within the framework of the Contract remain the property of Entrepreneur until the Client has properly fulfilled and fully complied with that which is required of it by virtue of the Contract.
Payable amounts also include the reimbursement of all charges and interest, including those of earlier or later supplies and services provided, as well as compensation claims due to breach of contract.
For as long as the ownership of the supplied items has not been transferred to the Client, the Client may not sell on, pledge or in any other way encumber that which falls under the retention of title, except within the normal conduct of its business.
Article 17 Force Majeure
Breaches may not be attributed to Entrepreneur or the Client is they are not their fault, or if they are not accountable by law, juristic act, or according to the generally accepted standards. In this case the parties are also not bound to fulfil the obligations arising from the Contract.
In these General Terms and Conditions, the term “force majeure” is defined as – in addition to what is understood in law and jurisprudence in this regard – all external causes, foreseen or unforeseen, upon which Entrepreneur can exercise no influence and through which Entrepreneur is not able to fulfil its obligations.
Article 18 - Length transactions: duration, termination and renewal
The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of up to one month.
The consumer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due observance of the agreed cancellation rules and a notice period of at least highest one month.
Consumers can the agreements mentioned in the previous paragraphs:
- cancel at any time and not be limited to termination at a specific time or in a given period;
- cancel at least in the same way as they have entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a fixed term.
Contrary to 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 renewed for a fixed term of a maximum of three months, if the consumer agrees to this extended agreement. the end of the extension can be canceled with a notice period of no more than one month.
A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract of limited duration to 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 with a notice period of no more than one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed duration.
Article 19 -Payment
Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement date, or in the absence of a cooling off period within 14 days after the conclusion of the agreement. In case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged to pay in advance more than 50% in general terms and conditions. If payment in advance is stipulated, the consumer can not assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has taken place.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
If the consumer does not fulfill his payment obligations on time, after he has been informed by the trader of the late payment and the trader has given the consumer a period of 14 days to still fulfill his payment obligations, after the consumer has failed to pay within this 14-day period, the legal interest owed on the amount owed and the right to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% over 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 consumer may deviate from the aforementioned amounts and percentages for the benefit of the consumer.
In the event of bankruptcy, suspension of payment or receivership, the claims of the Entrepreneur and the obligations of the Consumer towards the Entrepreneur will be immediately due and payable.
Article 20 Liability
The implementation of the Contract is entirely at the risk and responsibility of the Client. Entrepreneur is only liable for direct damage that has arisen through wilful recklessness or an intentional act or omission of Entrepreneur.
The liability of Entrepreneur is excluded for indirect damage, including in any event consequential damage, loss of profit, lost savings and loss due to business interruption, or immaterial damage to the Client. In the case of consumer purchase, this limitation does not extend further than is permitted pursuant to article 7:24, paragraph 2 of the Dutch Civil Code.
Entrepreneur is not liable for damage, of whatever nature, resulting from Entrepreneur basing its actions upon inaccurate and/or incomplete information provided by the Client, unless this inaccuracy or incompleteness ought to have been known to Entrepreneur.
If Entrepreneur is liable for any damage, then the liability of Entrepreneur is limited to an amount equal to the amount stated in the invoice, or to the amount to which the insurance taken out by Entrepreneur gives entitlement, with the deduction of the policy excess borne by Entrepreneur under the terms of the insurance.
Entrepreneur is under no circumstances liable for damage caused by shortcomings of third parties brought in by Entrepreneur.
The Client must report the damage for which Entrepreneur can be held liable to Entrepreneur as soon as possible, but in any event within 10 days of the damage having arisen, on penalty of the forfeiture of any right to compensation for this damage.
Any liability claim against Entrepreneur lapses within one year of the Client having become aware, or possibly reasonably having become aware, of the harmful event.
Article 21 -Complaints regulation
The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution 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 respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint can not be resolved by mutual agreement within a reasonable period or within 3 months after the submission of the complaint, a dispute arises that is subject to the dispute settlement rules.
Article 22 Interpretation, translation
As well as the original Dutch version of these General Terms and Conditions, there are two other versions of the General Terms and Conditions, translated into English.
The Dutch version of the General Terms and Conditions of the Entrepreneur is the authentic version. This version of the General Terms and Conditions will take precedence in the event of the explanation or interpretation of the General Terms and Conditions. In the event of a difference in meaning or interpretation between the two versions, then the Dutch version of the General Terms and Conditions will prevail.
Article 23 Changing terms and conditions
The Entrepreneur has the right to change these terms and conditions unilaterally.
Changes will also apply to agreements already concluded.
The entrepreneur will inform the Consumer by e-mail of the changes.
The changes to the general conditions will take effect after thirty days after the Consumer has been notified of the changes.
If the Consumer does not agree with the announced changes, the Consumer has the right to terminate the agreement.
Article 24 - Applicable law and disputes
Dutch law is exclusively applicable to all legal relationships to which Entrepreneur is a party. This also applies if an obligation is wholly or partly fulfilled outside of the Netherlands or if the Client has its place of business outside of the Netherlands.
Article 25 - Additional or deviating provisions
Additional provisions or deviating from these 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 medium.