GENERAL TERMS AND CONDITIONS Emanuel Dubois

Chamber of Commerce number:  174814397

 

 

Definitions

 

Emanuel Dubois: Emanuel Dubois, established in Heiloo under Chamber of Commerce no. ……., Located at Laan Endless 33, 1851 ZM.

 

Customer: the person with whom Emanuel Dubois has entered into an agreement.

 

Parties: Emanuel Dubois and customer together.

 

Consumer: a customer who is also an individual and who acts as a private person.

 

Applicability of general terms and conditions

 

These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Emanuel Dubois.

 

Parties can only deviate from these terms and conditions if they have explicitly agreed to do so in writing.

 

The parties explicitly exclude the applicability of additional and / or deviating general terms and conditions of the customer or third parties.

 

Offers and quotations

 

Offers and quotations from Emanuel Dubois are without obligation, unless explicitly stated otherwise therein.

 


Consequences not paying on time If the customer does not pay within the agreed term, Emanuel Dubois is entitled to charge interest of 1% per month from the day that the customer is in default, whereby part of a month is counted as a whole month. If the customer is in default, he will also owe extrajudicial collection costs and any compensation to Emanuel Dubois. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs. If the customer does not pay on time, Emanuel Dubois may suspend his obligations until the customer is on payment obligation. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of Emanuel Dubois on the customer are immediately due and payable. If the customer refuses to cooperate with the performance of the agreement by Emanuel Dubois, he is still obliged to pay the agreed price to Emanuel Dubois. Right of Complaint As soon as the customer is in default, Emanuel Dubois is entitled to invoke the right of complaint with regard to the unpaid products supplied to the customer. Emanuel Dubois invokes the right of complaint by means of a written or electronic communication. As soon as the customer has been informed of the invoked right to complain, the customer must immediately return the products to which this right relates to Emanuel Dubois, unless the parties make other agreements about this. The costs for the return or return of the products are for the account of the customer.

 

Right of withdrawal

A customer can 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 has been specially tailored or adapted for the consumer

The reflection 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 product in a subscription

as soon as the consumer has purchased a service for the first time

as soon as the consumer has confirmed that he will purchase digital content via the internet

The consumer can make his appeal to the right of withdrawal known via info @ EmanuelDubois.nl, if desired using the withdrawal form that can be found on the website of Emanuel Dubois, www. EmanuelDubois.nl, can be downloaded.

The consumer is obliged to return the product to Emanuel Dubois within 14 days after notification of his right of withdrawal, failing which his right of withdrawal will lapse.

The costs for returning will only be borne by Emanuel Dubois if the entire order is returned.

If the purchase costs and any other costs (such as shipping and return costs) qualify for reimbursement by law, Emanuel Dubois will refund these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Emanuel Dubois on time.

 

Right of suspension

Unless the customer is a consumer, the customer waives the right to fulfillment of any of these

the obligation arising from the agreement.

 


Right of retention Emanuel Dubois can invoke his right of retention and in that case retain products of the customer, until Emanuel Dubois can invoke his right of retention and in that case keep products of the customer, until the customer has all outstanding accounts with regard to Emanuel Dubois, unless the customer has provided sufficient security for those costs. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Emanuel Dubois. Emanuel Dubois is never liable for any damage that the customer may suffer as a result of using his right of retention. Settlement Unless the customer is a consumer, the customer waives his right to set off any debt owed to Emanuel Dubois with a claim against Emanuel Dubois. Retention of title Emanuel Dubois remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards Emanuel Dubois under any agreement concluded with Emanuel Dubois, including claims for non-performance. Until then, Emanuel Dubois can invoke his retention of title and take the goods back. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products. If Emanuel Dubois invokes its retention of title, the agreement will be deemed dissolved and Emanuel Dubois has the right to claim compensation, lost profit and interest. Delivery Delivery takes place while stocks last. Delivery takes place at Emanuel Dubois, unless the parties have agreed otherwise. Delivery of products ordered online takes place at the address indicated by the customer. If the agreed amounts are not paid or not paid on time, Emanuel Dubois has the right to cancel suspend obligations until the agreed part has been fulfilled. In case of late payment, there is a default of creditors, with the result that the customer cannot object to a late delivery against Emanuel Dubois.

 

Delivery time

The delivery times stated by Emanuel Dubois are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have explicitly agreed otherwise in writing.

The delivery time commences after the quotation to Emanuel Dubois signed for approval by the customer has been confirmed by Emanuel Dubois to the customer in writing or electronically.

Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Emanuel Dubois cannot deliver within 14 days after being reminded in writing or the parties have agreed otherwise.

 

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time.

 

Transportation costs

Transport costs are at the expense of the customer, unless the parties have agreed otherwise.

 

Packaging and shipping

If the packaging 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, failing which Emanuel Dubois cannot be held liable for any damage.

If the customer himself arranges for the transport of a product, he must make any visible damage

If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging to Emanuel Dubois prior to transport, failing which Emanuel Dubois cannot be held liable for any damage.

 

Retention

If the customer does not purchase ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.

Any additional costs as a result of premature or late purchase of products are entirely at the expense of the customer.

 

Guarantee

The warranty with regard to products applies only to defects caused by faulty manufacture, construction or material.

The guarantee does not apply in the case of normal wear and tear and damage caused by accidents,

changes made to the product, negligence or incorrect use by the customer, as well as when the cause of the defect cannot be clearly identified

The risk of loss, damage or theft of the products that are the subject of an agreement between the parties passes to the customer at the time when they are legally and / or actually delivered, or at least come under the control of the customer or a third party who receives the product on behalf of the customer.

 


Exchange Exchange is only possible if the following conditions are met: exchange takes place within 30 days after purchase against presentation of the original invoice the product is returned in the original packaging or with the original (price) still attached tickets the product has not been used yet. Discounted items, custom items or items specially adapted for the customer cannot be exchanged. Disclaimer The customer indemnifies Emanuel Dubois against all claims from third parties related to the products and / or services delivered by Emanuel Dubois. Complaints The customer must examine a product or service provided by Emanuel Dubois as soon as possible for possible shortcomings. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Emanuel Dubois of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. Consumers must inform Emanuel Dubois of this within 2 months after discovery of the shortcomings. The customer provides a description of the shortcoming that is as detailed as possible, so that Emanuel Dubois is able to respond adequately. The customer must demonstrate that the complaint relates to an agreement between the parties. If a complaint relates to ongoing work, this cannot in any case lead to Emanuel Dubois being obliged to perform other work than agreed.

 


Notice of default The customer must notify Emanuel Dubois in writing of any notice of default. It is the responsibility of the customer that a notice of default actually reaches Emanuel Dubois (on time). Joint and several liability of the customer If Emanuel Dubois enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts owed to Emanuel Dubois under that agreement. Liability Emanuel Dubois Emanuel Dubois is only liable for any damage that the customer suffers if and insofar as it is damage caused by intent or deliberate recklessness. If Emanuel Dubois is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement. Emanuel Dubois is never liable for indirect damage, such as consequential damage, loss of profit, missed savings or damage to third parties. If Emanuel Dubois is liable, this liability is limited to the amount that is paid out by a concluded (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount on which the liability relates. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to compensation and / or (partial) dissolution of the agreement and / or suspension of any obligation.

 


Expiration period Any right of the customer to compensation from Emanuel Dubois will in any case lapse 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of article 6:89 of the Dutch Civil Code. Right to cancel The customer has the right to dissolve the agreement if Emanuel Dubois imputably fails to fulfill his obligations, unless this shortcoming does not justify termination in view of its special nature or minor significance. If the fulfillment of the obligations by Emanuel Dubois is not permanent or temporarily impossible, dissolution can only take place after Emanuel Dubois is in default. Emanuel Dubois has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if Emanuel Dubois has taken note of circumstances that give him good grounds to fear that the customer is will not be able to properly fulfill obligations. Force of the majority In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure on the part of Emanuel Dubois in the fulfillment of any obligation towards the customer cannot be attributed to Emanuel Dubois in a situation independent of Emanuel Dubois's will, as a result of which the fulfillment of his obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of his obligations cannot reasonably be expected of Emanuel Dubois. The force majeure situation referred to in paragraph 1 also includes - but is not limited to -: a state of emergency (such as civil war, uprising, riots, natural disasters, etc.); defaults and force majeure on the part of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather and work stoppages. If a force majeure situation arises as a result of which Emanuel Dubois is unable to fulfill 1 or more obligations towards the customer, those obligations will be suspended until Emanuel Dubois can meet them again. 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. In a force majeure situation, Emanuel Dubois does not owe any (damage) compensation, even if it enjoys any advantage as a result of the force majeure situation.

 

Changes to general terms and conditions

Emanuel Dubois is entitled to amend or supplement these general terms and conditions.

Changes of minor importance can be made at any time.

Emanuel Dubois will discuss major substantive changes with the customer as much as possible in advance.

Customers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

 

Transfer of Rights

Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Emanuel Dubois.

This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.

 

Consequences of nullity or voidability

If one or more provisions of these general terms and conditions turn out to be invalid or voidable, this will affect the

other provisions of these terms and conditions.

A provision that is invalid or voidable will in that case be replaced by a provision that comes closest to what Emanuel Dubois had in mind when drawing up the conditions on that point.

 

Applicable law and competent court

Dutch law is exclusively applicable to every agreement between the parties.

The Dutch court in the district where Emanuel Dubois is established / has a practice / office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

 

Prepared on January 1, 2020.