Terms and Conditions

GENERAL TERMS AND CONDITIONS Handelsonderneming van der Dam 
 
Definitions

  1. Handelsonderneming van der Dam: Hosternate, established in Meppel, Chamber of Commerce no. 81963319.
  2. Customer: the party which Handelsonderneming van der Dam has entered into an agreement with.
  3. Parties: Handelsonderneming van der Dam and customer together.
  4. Consumer: a customer who is an individual acting for private purposes.
    Applicability
  5. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Handelsonderneming van der Dam. 
  6. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
  7. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
    Prices
  8. All prices used by Handelsonderneming van der Dam are in euros, are  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.
  9. Handelsonderneming van der Dam is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
  10. The price with regard to services is determined by Handelsonderneming van der Dam on the basis of the actual working hours. 
  11. The price is calculated according to the usual hourly rates of Handelsonderneming van der Dam, valid for the period in which he carries out the work, unless a different hourly rate has been agreed.
  12. If the parties have agreed on a total amount for a service provided by Handelsonderneming van der Dam, this is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
  13. Handelsonderneming van der Dam is entitled to deviate up to 10% of the target price. 
  14. If the target price exceeds 10%, Handelsonderneming van der Dam must let the customer know in due time why a higher price is justified. 
  15. If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%. 
  16. Handelsonderneming van der Dam has the right to adjust prices annually. 
  17. Handelsonderneming van der Dam will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
  18. The consumer has the right to terminate the contract with Handelsonderneming van der Dam if he does not agree with the price increase.
    Consequences of late payment
  19. If the customer does not pay within the agreed term, Handelsonderneming van der Dam is entitled to charge  from the day the customer is in default, whereby a part of a month is counted for a whole month.
  20. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Handelsonderneming van der Dam. 
  21. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs. 
  22. If the customer does not pay on time, Handelsonderneming van der Dam may suspend its obligations until the customer has met his payment obligation. 
  23. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Handelsonderneming van der Dam on the customer are immediately due and payable. 
  24. If the customer refuses to cooperate with the performance of the agreement by Handelsonderneming van der Dam, he is still obliged to pay the agreed price to Handelsonderneming van der Dam. 
     
     
     
    Suspension of obligations by the customer
     
    The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
     
    Settlement 
     
    The customer waives his right to settle any debt to Handelsonderneming van der Dam with any claim on Handelsonderneming van der Dam. 

    Guarantee
    When parties have entered into an agreement with services included, these services only contain best-effort obligations for Handelsonderneming van der Dam, not obligations of results.
     
    Performance of the agreement
  25. Handelsonderneming van der Dam executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. 
  26. Handelsonderneming van der Dam has the right to have the agreed services (partially) performed by third parties.
  27. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer. 
  28. It is the responsibility of the customer that Handelsonderneming van der Dam can start the implementation of the agreement on time.
  29. If the customer has not ensured that Handelsonderneming van der Dam can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.
    Duty to inform by the customer 
  30. The customer shall make available to Handelsonderneming van der Dam all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
  31. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement. 
  32. If and insofar as the customer requests this, Handelsonderneming van der Dam will return the relevant documents. 
  33. If the customer does not timely and properly provides the information, data or documents reasonably required by Handelsonderneming van der Dam and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.
    Duration of the agreement 
  34. The agreement between Handelsonderneming van der Dam and the customer is entered into for an indefinite period of time, unless it results otherwise from the nature of the agreement or the parties have expressly agreed otherwise in writing.
  35. If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the term, unless 1 of the parties terminates the contract with due observance of a notice period of 2 month(s), or if a consumer terminates the agreement with due observance of a notice period of 1 month / the agreement ends at the end of the fixed term.
  36. If the parties have agreed upon a term for the completion of certain activities, this is never a strict deadline, unless specified explicitly otherwise in writing. If this term is exceeded, the customer must give Handelsonderneming van der Dam a written reasonable term to terminate the activities, before it may either terminate the contract or claim damages.
    Cancellation of the contract for an indefinite period of time 
  37. The customer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of a notice period of 2 months.
  38. A consumer has the right to terminate an agreement for an indefinite period with due observance of a notice period of 1 month.
    Confidentiality
  39. The client keeps any information he receives (in whatever form) from Handelsonderneming van der Dam confidential.
  40. The same applies to all other information concerning Handelsonderneming van der Dam of which he knows or can reasonably suspect that it is secret or confidential, or of which it can expect that its disclosure may cause damage to Handelsonderneming van der Dam.
  41. The customer takes all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2 secret. 
  42. The obligation of secrecy described in this article does not apply to information:
    o which was already made public before the customer heard this information or which later became public without being the result of a violation of the customer’s duty to confidentiality
    o which is made public by the customer due to a legal obligation 
  43. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after the end thereof. 
    Penalties 
  44. If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of Handelsonderneming van der Dam an immediately due and payable fine of € 1000 if the customer is a consumer and € 5000 if the customer is a company, for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues. 
  45. No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article. 
  46. The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of Handelsonderneming van der Dam including its right to claim compensation in addition to the fine.
    Indemnity
     
    The customer indemnifies Handelsonderneming van der Dam against all third-party claims that are related to the products and/or services supplied by Handelsonderneming van der Dam. 
     
    Complaints
  47. The customer must examine a product or service provided by Handelsonderneming van der Dam as soon as possible for possible shortcomings.
  48. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Handelsonderneming van der Dam of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. 
  49. Consumers must inform Handelsonderneming van der Dam of this within two months after detection of the shortcomings.
  50. The customer gives a detailed description as possible of the shortcomings, so that Handelsonderneming van der Dam is able to respond adequately. 
  51. The customer must demonstrate that the complaint relates to an agreement between the parties.
  52. If a complaint relates to ongoing work, this can in any case not lead to Handelsonderneming van der Dam being forced to perform other work than has been agreed. 
    Giving notice
  53. The customer must provide any notice of default to Handelsonderneming van der Dam in writing.
  54. It is the responsibility of the customer that a notice of default actually reaches Handelsonderneming van der Dam (in time). 
    Joint and several Client liabilities
     
    If Handelsonderneming van der Dam enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Handelsonderneming van der Dam under that agreement. 
     
    Liability of Handelsonderneming van der Dam
  55. Handelsonderneming van der Dam is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence. 
  56. If Handelsonderneming van der Dam is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
  57. Handelsonderneming van der Dam is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
  58. If Handelsonderneming van der Dam 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.
  59. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
    Expiry period
     
    Every right of the customer to compensation from Handelsonderneming van der Dam 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 of the Dutch Civil Code.
     
    Dissolution
  60. The customer has the right to dissolve the agreement if Handelsonderneming van der Dam imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance. 
  61. If the fulfillment of the obligations by Handelsonderneming van der Dam is not permanent or temporarily impossible, dissolution can only take place after Handelsonderneming van der Dam is in default. 
  62. Handelsonderneming van der Dam has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Handelsonderneming van der Dam good grounds to fear that the customer will not be able to fulfill his obligations properly. 
    Force majeure
  63. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Handelsonderneming van der Dam in the fulfillment of any obligation to the customer cannot be attributed to Handelsonderneming van der Dam in any situation independent of the will of Handelsonderneming van der Dam, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Handelsonderneming van der Dam . 
  64. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 
  65. If a situation of force majeure arises as a result of which Handelsonderneming van der Dam cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Handelsonderneming van der Dam can comply with it. 
  66. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. 
  67. Handelsonderneming van der Dam 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
  68. Handelsonderneming van der Dam is entitled to amend or supplement these general terms and conditions. 
  69. Changes of minor importance can be made at any time. 
  70. Major changes in content will be discussed by Handelsonderneming van der Dam with the customer in advance as much as possible.
  71. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. 
    Transfer of rights
  72. The customer cannot transfer its rights deferring from an agreement with Handelsonderneming van der Dam to third parties without the prior written consent of Handelsonderneming van der Dam . 
  73. 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
  74. 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. 
  75. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Handelsonderneming van der Dam had in mind when drafting the conditions on that issue.
    Applicable law and competent court
  76. Dutch law is exclusively applicable to all agreements between the parties. 
  77. The Dutch court in the district where Handelsonderneming van der Dam is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

    Drawn up on 27 May 2021.