Definitions
1. Sebdijkman: sebdijkman, established in the Netherlands
2. Customer: the party which sebdijkman has entered into a agreement with.
3. Parties: sebdijkman and customer together
4. Consumer: a customer who is an individual acting for private purposes.
Applicability
1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements
and deliveries of services of products or on behalf of sebdijkman
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
Prices
1. All prices used by sebdijkman are in euros, are inclusive VAT and exclusive of any other costs such as administration costs, levies and travel,-shipping,-or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. The customer must have paid the full amount within, after delivery.
3. Payment terms are considered as fatal payment terms. This means that if the customer hasnnot paid the agreed amount at the last day of payment term, he is legally in default, withoutnsebdijkman having to send the customer a reminder or to put him in default.
4. Sebdijkman reserves the right to make delivery conditional upon immediate payment or tonrequire adequate security for the total amount of the services or products.
Consequences of late payment
1. If customer does not pay within the agreed term, sebdijkman is entitled to charge an interest per month for non-commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.
2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensations to sebdijkman.
3. The collection costs are calculated on the basis of the reimbursement for extrajudicial collection costs.
4. If the customer does not pay on time, sebdijkman may suspend its obligations until the customer has met his payment obligations.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of sebdijkman on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by sebdijkman, he is still obliged to pay the agree price to sebdijkman
Right of recovery of goods
1. As soon as the customer is in default, sebdijkman is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
2. Sebdijkman invokes the right of recovery by means of a written or electronic announcement.
3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to sebdijkman, unless the parties agree to make other arrangements about this.
4. The costs for the collection or return of the products are at the expense of the customer.
Rights of withdrawal
1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
- The product has not been used
- It is not a product that can spoil quickly, like food or flowers
- The product is not specially tailored for the consumer or adapted to its special needs
- It is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc)
- The seal is still intact, when the product is a data carrier with digital content (DVD’s, CD’s, etc.)
- The product is not a separate magazine or a loose newspaper
- The consumer has not renounced his right of withdrawal
2. The cooling-off period of 14 days as referred to in paragraph 1 commences:
- On the day after the consumer has received the last product or part of 1 order
- As soon as the consumer has received the first the product of a subscription
- As soon as the customer has confirmed the purchase of digital content via the internet
3. The consumer can notify his right of withdrawal via sebdijkmaninfo@gmail.com , if desired by using the withdrawal form that can be downloaded via the website of sebdijkman, sebdijkman.com
4. The consumer is obligated to return the product to sebdijkman within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse.
Reimbursement of delivery costs
1. If the purchase costs and any other costs (such as shipping and return costs) are eligible fornreimbursement according to the law, sebdijkman will refund these costs to the consumer has returned the product to sebdijkman in time.
2. The costs for return are only reimbursed by sebdijkman of the complete order is returned.
Reimbursement of return costs
If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the complete order will be borne by the consumer. Suspension of obligations by the customer The customer waives the right to suspend the fulfilment of any obligation arising form this agreement.
Right of retention
1. sebdijkman can appeal to his right of retention of title and in that case retain the products sold by sebdijkman to the customer until the customer has paid all outstanding invoices with regard to sebdijkman, unless the customer has provided sufficient security for these payments.
2. The right of retention of title also applies on the basis of previous agreements form which the customer still owes payments to sebdijkman
3. sebdijkman is never liable for any damage that the customer may suffer as a result of using his right of retention of title. Settlement The customer waives his right to settle any debt to sebdijkman with any claim on sebdijkman
Retention of title
1. sebdijkman remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to sebdijkman under whatever agreement with sebdijkman including of claims regarding shortcomings in the performance.
2. until then, sebdijkman can invoke its retention of title and take back the goods.
3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If sebdijkman invokes its retention of title, the agreement will be dissolved and sebdijkman has the right to claim compensation, lost profits and interest.
Delivery
1. Delivery takes place while stocks last.
2. Delivery takes place at sebdijkman unless the parties have agreed upon otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed prices I not paid on time, sebdijkman has the right to suspend its obligations until the agreed price is fully paid.
5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by sebdijkman.
Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place in time.
Transport costs
Transport costs are paid by the customer, unless the parties have agreed upon otherwise
Packaging and shipping
1. 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 sebdijkman may not be held liable for any damage.
2. 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 sebdijkman, failing which sebdijman cannot be held liable for any damage.
Insurance
Storage
1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
2. Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.
Guarantee
1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
2. The warranty does not apply in the event of normal wear and tear and damage resulting form accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.
Indemnity
The customer indemnifies sebdijkman against all third-party claims that are related to the products and/or services supplied by sebdijkman.
Complaints
1. The customer must examine a product or service provide by sebdijkman as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect form the agreement, the customer must inform sebdijkman of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must inform sebdijkman of this within two months after detection of the shortcomings.
4. The customer given a detailed description as possible of the shortcomings, so that sebdijkman is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to sebdijkman being forced to perform other work than has been agreed.
Giving notice
1. The customer must provide any notice of default to sebdijkman in writing.
2. It is the responsibility of the customer that a notice of default actually reaches sebdijkman (in time) Joint and several client liabilities If sebdijkman enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to sebdijkman under that agreement.
Liability of sebdijkman
1. Sebdijkman is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
2. If sebdijkman is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
3. Sebdijkman is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
4. If sebdijkman 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.
5. All images, photos, colours, 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.
Expiry period
Every right of the customer to compensation from sebdijkman 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.
Dissolution
1. The customer has the right to dissolve the agreement if sebdijkman imputably fails in the fulfilment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfilment of the obligations by sebdijkman is not permanent or temporarily impossible, dissolution can only take place after sebdijkman is in default.
3. Sebdijkan has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfil his obligations under the agreement, or if circumstances give sebdijkman good grounds to fear that the customer will not be able to fulfil his obligations properly.
Force majeure
1. in addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of sebdijkman in the fulfilment of any obligation to the customer cannot be attributed to sebdijkman in any situation independent of the will of sebdijkman, when the fulfilment of its obligations towards the customer is
prevented in whole or in part or when the fulfilment of its obligations cannot reasonably be required from sebdijkman.
2. 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 of 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.
3. If a situation of force majeure arises as a result of which sebdijkman cannot fulfil one or more obligations towards the customer, these obligations will be suspended until sebdijkman can comply with it.
4. From the moment that a force majeure situation has lasted at least 30 days calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. Sebdijkman 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
1. sebdijkman is entitled to amend or supplement these general terms and conditions
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by sebdijkman with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
1. the customer cannot transfer its rights deferring form an agreement with sebdijkman to third parties without prior written consent of sebdijkman
2. 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
1. 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.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what sebdijman had in mind when drafting the conditions on that issue.
Applicable law and competent court
1. Dutch law is exclusively applicable to all agreements between parties.
2. The Dutch court in the district where sebdijkman is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
Attribution
These terms and conditions were created with help of Rocket Lawyer.
(https://rocketlawyer.com/nl/nl)
Drawn up on 12-09-2024