General Terms & Conditions
General Terms and Conditions
SALESBRIDGES SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ conitues under SALESBRIDEGS BV
Article 1 - 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/client: 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 e-mail – that enables the consumer or entrepreneur to store information that is personally addressed to him or her in a manner that prevents 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 is a member of Stichting Webshop Keurmerk and 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. one or more techniques for remote communication;
- Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to meet in the same room at the same time;
- Customization and projects: products produced on the basis of drawings, instructions and/or requests from the client.
Article 2 – Identity of the entrepreneur
SALESBRIDGES SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Collection and visits by appointment only.
General openingshours:
Monday to Friday from 09.00-17.00 hrs.
Times may vary.
SalesBridges BV
Address data:
Leidsestraat 126F
2182DS Hillegom
The Netherlands
VAT ID: NL855288152B01
CoC Amsterdam: 63552671
If the entrepreneur practices 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 was awarded;
- a reference to the professional rules that apply in the Netherlands and indications where and how these professional rules can be accessed.
Article 3 – 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 4 – The offer
If an offer has a limited period of validity or is 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.
All offers and quotations from the Contractor are without obligation, unless otherwise agreed. An offer in a quotation only applies to the specific underlying order (and not to any future orders).
If the Client provides the Contractor with information, the Contractor may assume that these are correct and will base its quotation on this.
Article 5 – 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 the fulfillment of the associated conditions. The assignment is concluded when the Client shows that it agrees with the assignment or places an order by email, telephone or webshop.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the 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 execution.
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 warranties 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 termination of 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 6 – 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 products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices stated 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 are exclusive of VAT. The including VAT prices are also stated.
When the consumer has received discount coupons or discount codes, a discount code or coupon can be used per purchase on regular prices.
In the case of B2B prices or dealer prices, the use of discount codes or coupons is excluded.
Article 7 – 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 fulfill his part of the agreement.
An extra guarantee is understood to mean any obligation 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.
Article 8 – 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 9 – Duration transactions: duration, cancellation and extension
Cancellation:
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 at most 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, with due observance of the agreed cancellation rules and a notice period of at least maximum one month.
The consumer can conclude the agreements referred to in the previous paragraphs:
cancel at any time and are not limited to cancellation at any particular time or period;
at least cancel in the same way as they entered into by him;
always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension:
An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may not be tacitly extended or renewed for a definite period.
Contrary to the previous paragraph, an agreement that has been entered into for a definite period of time may be tacitly extended for a fixed term of a maximum of three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of not 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.
Article 10 - Change of assignment
If during the assignment it appears that it is necessary for proper execution to change or supplement the content of the assignment, the parties will do this in mutual consultation.
The Contractor may increase or decrease the agreed price. The Contractor will (if possible) provide a price estimate in advance. Due to a change in the order, the specified term of execution may also change. The client accepts the possibility of changing the order, price and execution time.
The Contractor may refuse a request to change the assignment from the Client if this may have qualitative or quantitative consequences for the work.
Article 11 - Suspension, dissolution
The Contractor may suspend the assignment if it is temporarily unable to fulfill its obligations due to circumstances (which are beyond its control or which it was not aware of).
If fulfillment is permanently impossible, the parties can dissolve the assignment for the part that has not yet been fulfilled.
The Contractor may suspend or dissolve fulfillment of the assignment if the Client does not fulfill its obligations, not fully or not on time. The Client must then pay or indemnify the Contractor.
Article 12 - Early termination
If the Contractor prematurely terminates the assignment, the Contractor will ensure that the work still to be performed is transferred to third parties, unless the termination is attributable to the Client. If the transfer of the work entails additional costs for the Contractor, the costs will be borne by the Client.
The Contractor may immediately terminate the assignment (and is not obliged to pay damages or compensation) in one of the following cases:
Client exceeds a payment term;
Client is bankrupt or in suspension of payment;
Client (company) is dissolved or liquidated;
Client (natural person) is placed under guardianship or dies;
Article 13 – Payment
Insofar as not provided otherwise in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid in advance or within 7 days after the start of the cooling-off period (this is only possible by appointment), or in the absence of a cooling-off period. within 14 days 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 invoice.
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.
For projects and customization, the client can be obliged to pay in advance of 100% of the total invoice value. 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 fulfill 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 EUR 2,500; 10% on the next EUR 2,500 and 5% on the next EUR 5,000 with a minimum of EUR 40, =. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.
Article 14 – Complaints procedure
The Client must report any complaints in writing and within one month after discovery (or - in the case of non-visible defects - after he could have discovered the defects).
If the Client submits a complaint in time, this does not suspend its payment obligation.
If the Client reports a complaint later, he is no longer entitled to repair, replacement or compensation.
If it is established that a good is defective and this has been reported in time, the Contractor will replace, repair or reimburse the defective good within a reasonable period of time after written notification of the defect by the Client.
If it is established that a complaint is unfounded, the costs incurred by the Contractor as a result (such as investigation costs) will be borne entirely by the Client.
Article 15 - Liability
The Contractor is only liable for direct damage suffered by the Client, which is directly and exclusively the result of a shortcoming on the part of the Contractor.
The Contractor is not liable for damage caused by relying on incorrect or incomplete information provided by the Client.
The Contractor's liability is always limited to the invoice value with a maximum of EUR 25,000.
The Contractor's liability is in any case limited to the amount that its insurer pays out in that case.
The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of the Contractor.
Article 16 - Limitation period
The limitation period for all claims and defenses against the Contractor is one year.
Article 17 - Indemnification
The Client indemnifies the Contractor against any claims from third parties who suffer damage as a result of the execution of the assignment and the cause of which is not attributable to the Contractor.
If third parties address the Contractor, the Client will assist him both in and out of court and will do everything that may be expected of him in that case.
If the Client does not take any measures, the Contractor may do so itself. All costs and damage that arise as a result for the Contractor are entirely at the expense and risk of the Client.
Article 18 - Force majeure
The Contractor does not have to fulfill its obligations in the event of force majeure.
The Contractor may suspend the obligations arising from the assignment during the period that the force majeure continues. If this period lasts longer than 3 months, both parties may dissolve the assignment, without being obliged to pay compensation.
If the Contractor has partially fulfilled his obligations and if the fulfilled part has an independent value, the Contractor may invoice the fulfilled part.
Article 19 - Retention of title
Everything that the Contractor supplies remains the property of the Contractor until the Client has fully fulfilled all its obligations.
The Client must do everything it can reasonably do to secure the Contractor's property.
If the Contractor wishes to exercise its property rights, the Client gives the Contractor unconditional and irrevocable permission to enter all places where the property is located, so that the Contractor can take it back.
Article 20 - Intellectual property
The Contractor retains all rights to plans, documents, images, drawings, software, creations and the related information made by it. This also applies if costs have been charged for this or if improvements have been made later.
The Client may not copy the items referred to in the previous paragraph (if this is not for internal use at the Client), show them to third parties or make them available for a purpose other than that for which they were provided by the Contractor.
Article 21 - Confidentiality
Unless there is a legal or professional obligation to disclose, the Contractor will keep all information of the Client confidential towards third parties.
The Contractor will not use the information provided by the Client for a purpose other than that for which it was obtained, unless the Contractor acts in a procedure in which these documents may be important.
The Client will not disclose the content of agreements, order confirmations, quotations, reports, advice or other expressions, whether or not in writing, of the Contractor and ensure that third parties do not see the content thereof.
Article 22 - Confidentiality
Unless there is a legal or professional obligation to disclose, the Contractor will keep all information of the Client confidential towards third parties.
The Contractor will not use the information provided by the Client for a purpose other than that for which it was obtained, unless the Contractor acts in a procedure in which these documents may be important.
The Client will not disclose the content of agreements, order confirmations, quotations, reports, advice or other expressions, whether or not in writing, of the Contractor and ensure that third parties do not see the content thereof.
Article 23 - Nullity
If any part of these terms is void or voidable, that will not affect the validity of the remainder of the Agreement. The void or voided part will be replaced by a provision that follows the content of the void provision as closely as possible.
Article 24 – 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.
