- These Terms and Conditions apply to any offer, quotation and agreement between Bio Futura BV, and a Customer to which Bio Future BV has declared these conditions applicable, insofar as parties have not explicitly agreed in writing to deviate from these conditions.
- Purchase or other conditions of the Customer do not apply.
- If one or more provisions of these terms and conditions at any time become partially or completely invalid or void, the rest of these terms and conditions will remain applicable in full.
- If there is a conflict between parties that is not regulated by these terms and conditions, then the situation needs to be assessed in the spirit of these terms and conditions.
Article 2 - Quotations and offers
- All quotations and offers from Bio Futura BV are non-committal, unless stated otherwise. A quotation or offer expires if the product to which the quotation or offer relates is no longer available.
- Bio Futura BV cannot be held to its quotations or offers in case the Customer can reasonably understand that the quotations or offers contain an obvious mistake or error.
- Agreements or commitments, deviating from the quotation, offer or terms and conditions, are only deemed to be made if confirmed by us in writing.
- The prices mentioned in a quotation or offer are exclusive of VAT and other government levies, shipping and handling costs, unless indicated otherwise.
- A compound quotation does not obligate Bio Futura BV to execute part of the assignment for the corresponding part of the given price.
- If the customer does not agree with the content of the order confirmation, he needs to submit his objections to us in writing within 7 days of receipt thereof, when failing to do so the order confirmation is deemed to reflect the agreement correctly.
Article 3 - Contract duration, delivery term, implementation and modification agreement
- If a period has been agreed for the completion of certain activities or the delivery of certain goods, this is never a deadline. When a term is exceeded, the Customer must give Bio Futura BV a written notice of default with a reasonable term to still complete the agreement.
- The implementation period does not begin before the Customer has provided Bio Future BV with the correct and complete data that is required.
- Delivery ex-works Bio Futura BV. The Customer is obligated to accept the goods when they are made available to him. If the Customer refuses to accept the goods or fails to provide information or instructions necessary for delivery, Bio Futura BV is entitled to store the goods at the expense and risk of the Customer.
- Bio Futura BV has the right to have certain activities performed by third parties.
- If the agreement is implemented in phases, Bio Futura BV can suspend the execution of parts that belong to a next phase until the Customer has approved the results of the preceding phases in writing.
- If during the execution of the agreement it turns out that for the proper implementation thereof, it is necessary to amend or supplement it, parties will proceed to change the agreement swiftly and in agreement. In that case, Bio Futura BV will submit a quotation beforehand, insofar this is possible.
- If the agreement is amended, Bio Futura BV is entitled to first implemented it after the Customer has agreed with the price and other conditions stipulated for the execution, including the time when it will be implemented. The failure to implement the adapted agreement on time or not at all is not a breach of contract of Bio Futura BV and does not either give the Customer grounds to cancel the agreement. Bio Futura BV can deny a request to change the agreement without giving reasons.
- If the Customer should be in default in the proper performance of the agreement, the Customer is liable for all damages on the part of Bio Futura BV.
- If Bio Futura BV agrees on a fixed price with the Customer, Bio Futura BV is nevertheless entitled to increase this price if that increase in price results from laws or regulations or if it is caused by a price increase of raw materials, wages etcetera.
- Whoever gives a printing or reproduction order, is supposed to be entitled to do so. He carries, together with his mandators and with exclusion of the printer, all responsibility to third parties
Article 4 - Suspension, dissolution and interim termination of the agreement
Bio Futura BV is authorised to suspend or terminate the fulfilment of obligations or the agreement, if:
- the Customer does not fully or timely comply with the obligations of the agreement;
- after the conclusion of the agreement, Bio Futura BV learns of circumstances giving good ground to fear that the Customer will not fulfil his obligations;
- circumstances arise of such nature that fulfilment of the agreement becomes impossible or if circumstances arise of such nature that unaltered maintaining of the agreement cannot reasonable be demanded of Bio Futura BV.
- In case the dissolution can be attributed to the Customer, Bio Futura BV is entitled to compensation for all damages.
- In the event of liquidation, petition for suspension of payments or bankruptcy at the expense of the Buyer, or another circumstance that leads to the Customer no longer freely disposing of his assets, Bio Futura BV is free to terminate the agreement with immediate effect, without any obligation to pay any damages. The claims of Bio Futura BV on the Customer are in that case immediately due and payable.
- If the Customer fully or partially cancels an order, then the appropriate ordered or read-made goods, plus the potential delivery and disposal costs of them and the for the execution of the agreement reserved work time, will be charged integrally to the Customer.
If the agreement is dissolved, the claims of Bio Futura BV on the Customer are due immediately.
Article 5 - Force majeure
- Bio Futura BV is not obligated to fulfil the agreement towards the Customer if it is being hindered due to a circumstance that cannot be attributed to guilt, and neither under the law, a legal act or that in generally accepted practices are for its responsibility.
- Force majeure is defined in these terms and conditions as, in addition to what is understood by law and jurisprudence, all external causes, foreseen or unforeseen, which Bio Futura BV has no influence over. Strikes in the company of Bio Futura BV or third parties included.
- Bio Futura BV can suspend all obligations of the agreement during the time that the force majeure continues. If this period lasts longer than two months, every party is entitled to terminate the agreement, without any obligation to pay damages to the other party.
- Insofar Bio Futura BV has already partly fulfilled or is able to fulfil its obligations of the agreement when the force majeure happens, and if independent value can be placed on the part that has already been fulfilled, then Bio Futura BV is entitled to separately invoice the already fulfilled part. The Customer is obliged to pay this invoice as if it were a separate agreement.
Article 6 - Payment and collection costs
- Payment must be made within 14 days after the invoice date, in the way that Bio Futura BV has indicated and in the currency as invoiced. Bio Futura BV is entitled to periodic billing.
- If the Customer defaults in the timely payment of an invoice, the Customer is legally in default. The Customer shall owe an interest of 2% per month, unless the statutory interest is higher, in which case the legal interest is owed. The interest on the due amount will be calculated from the time the Customer is in default until the moment of payment of the full amount owed.
- Bio Futura BV is entitled to first use the payments made by the Customer to cover the costs, then deducting the interest and finally to reduce the principal and accrued interest.
- The Customer is never entitled to settle the amount owed by him to Bio Futura BV.
- Objections to the amount of an invoice do not suspend the payment obligation.
- If the Customer is in default or omission in the (timely) fulfilment of its obligations, then all reasonable costs incurred in obtaining payment out of court are on behalf of the Customer. The extrajudicial costs are calculated on the basis of what is common in the Dutch collection practice.
Article 7 - Retention of ownership
- All goods delivered by Bio Futura BV in connection with the agreement remain the property of Bio Futura BV until the Customer has complied with all obligations under the agreement(s) concluded with Bio Futura BV.
- Good delivered by Bio Futura BV that pursuant to paragraph 1. fall under the retention of ownership, may not be resold and must never be used as currency. The Customer is not authorised to pledge or encumber in any other way the goods under retention of ownership.
- The Buyer must always do that which can reasonably be expected of him to secure the property rights of Bio Futura BV.
- If third parties seize goods that were delivered under retention of ownership, or wish to exercise rights thereon, the Customer is obligated to immediately notify Bio Futura BV thereof.
- The Customer is obliged to insure the goods delivered under retention of ownership and to keep them insured against fire, explosion and water damage and theft and to provide the policy of this insurance to Bio Futura BV for inspection at the first request. Bio Futura BV is entitled to any payment of the insurance.
- In case Bio Futura BV wants to exercise their retention of ownership rights as mentioned in this article, the Customer gives prior, unconditional and irrevocable consent to Bio Futura BV and third parties designated by Bio Futura BV to enter those places where the properties of Bio Futura BV are located and to take it back.
- All designs, logos, drawings, compositions, layouts, etc. designed by us are protected by copyright and remain our property. Customer acquires only the right to use. Without the written consent of Bio Futura BV, this right of use may not be transferred to third parties. This also applies to variants and designs that are not executed by Bio Futura BV. Violation of this article leads to a € 1.250 payable fine per design.
Article 8 - Warranties, inspection and advertising, limitation period
- The goods to be delivered by Bio Futura BV meet the requirements and standards that can be made at the time of delivery and for normal use in the Netherlands. The warranty mentioned in this article shall apply to goods that are intended for use within the Netherlands. With use outside of the Netherlands, the Customer shall verify himself if this use is suitable for there and if it meets the set conditions for this. Bio Futura BV may in that case set different warranty and other conditions in respect to the goods to be delivered or activities to be carried out.
- A slight difference of up to 10% with the ink colours and the colour, shape, size, quality, or the thickness of the printed or custom-made item does not justify complaint or refusal. A deviation should never justify the refusal of the merchandise or the demand for price reduction.
- With the manufacturing of custom-made items, an amount of 2% of poor copies will be considered as normal; a deviation of approximately 10% of the ordered quantity is accepted by the Customer.
- The responsibility of Bio Futura BV does not go beyond the technical characteristics specific to the items ordered.
- The warranty referred to in paragraph 1 of this Article shall apply for a period of 6 months after delivery, unless otherwise arises from the nature of the delivered goods or if parties have agreed otherwise. If the warranty given by Bio Futura concerns an item produced by a third party, the warranty is limited to that, which is given by the manufacturer of the item, unless stated otherwise.
- Any kind of warranty will lapse in case of improper or inappropriate use, improper storage by the Customer or by third parties, if the Customer or third parties have made changes to the item or have tried to make changes, if other items have been added or if these were processed or modified in another way than prescribed. The warranty does not cover defects due to circumstances beyond the control of Bio Futura BV, including weather conditions.
- The Customer is obliged to inspect (have inspected) the goods when they are made available to him. Any visible defects must be reported to Bio Futura BV in writing within seven days after delivery. Any defects that are not directly visible, need to be reported in writing to Bio Futura BV in any event within seven days of discovery thereof.
- If the Buyer complains timely, it does not suspend his purchasing and payment obligation.
- If the notification of a defect is made later, the Customer is no longer entitled to repair, replacement or compensation.
- If after timely complaint, it is established that an item is defect, Bio Futura BV will, within a reasonable period after receiving the return, or if returning is not possible by choice of Bio Futura BV, replace or take care of the repair of the item or pay an alternative compensation to the Customer.
- If it is established that a complaint is unfounded, then the costs incurred, including inspection costs, on the side of Bio Futura BV will be borne by the Customer.
- After expiry of the warranty period, all costs for repair or replacement will be charged to the Customer.
- Notwithstanding the statutory limitation periods, the limitation period of all claims and defences towards Bio Futura BV is one year.
Article 9 - Liability
- Should Bio Futura BV be liable, this liability is limited to what is stated in this provision.
- Bio Futura BV is not liable for damage caused by Bio Futura BV relying on incorrect and / or incomplete information provided by or on behalf of the Customer.
- The liability of Bio Futura BV is limited to the amount paid by its insurer, as appropriate.
- Bio Futura BV is only liable for direct damage.
- Direct damage is defined as the reasonable costs of determining the cause and extent of the damage and reasonable costs incurred to prevent or limit damage, insofar as the Customer demonstrates that these expenses resulted in mitigation of direct damages.
- Bio Futura BV is never liable for indirect damages.
Article 10 - Transfer of risk
- The risk of loss, damage or decrease of value is transferred to the Customer at the time when items are brought to the Customer under the control of the Customer.
Article 11 - Indemnification
- The Customer indemnifies Bio Futura BV against any claims by third parties who suffer damage in connection with the performance of the contract damage.
Article 12 - Applicable law and disputes
- Only Dutch law applies to the applicable contract, even if the agreement is executed abroad. The applicability of the Vienna Sales Convention is excluded.
- The court in the domicile of Bio Futura BV is to have exclusive jurisdiction over disputes, unless the law requires otherwise.
Article 13 - Location and policy changes
- These terms and conditions can be found on the website: www.biofutura.com
- The Dutch text of the terms and conditions is always decisive for the explanation.
Terms and Conditions – Remote Sale of Products to Consumers (WEBSHOP)
Article 1 - Definitions
In these conditions is understood by:
- Supplementary agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a remote contract and these goods, digital content and / or services are provided by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
- Grace period: the period in which the consumer can exercise his right of withdrawal;
- Consumer: the natural person who is acting for purposes relating to his trade, business, craft or professional activity;
- Day: calendar day;
- Digital content: data which is produced and supplied in digital form;
- Term agreement: an agreement that extends to the regular delivery of goods, services and / or digital content for a certain period;
- Durable data carrier: any device - including e-mail - that enables the consumer or business to save the information dedicated to him personally in such a way that enables future consultation or use during a period appropriate for the purpose of the information and which allows the unchanged reproduction of the information stored;
- Right of withdrawal: the ability of the consumer to cancel the remote contract during the grace period;
- Entrepreneur: the natural or legal person that offers products, (access to) digital content and / or remote services to consumers;
- Remote contract: a contract concluded between the entrepreneur and the consumer under an organized system for the remote sales of goods, digital content and / or services, whereby up to and including the conclusion of the agreement one or more means of remote communication have been used exclusively or partly;
- Concept form for withdrawal: the European concept form for withdrawal set out in Appendix I of these conditions. Annex I need not be made available to the consumers if his order has no right of withdrawal;
- Technology for remote communication: means that can be used to conclude a contract, without the consumer and entrepreneur having to be together in the same room.
Article 2 - Applicability
- These terms and conditions apply to every offer of the entrepreneur and any remote agreement made between businesses and consumers.
- Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the remote contract is concluded, how the terms and conditions can be seen and will send them to the consumer, at request, as soon as possible, free of charge.
- If the remote agreement is concluded electronically, notwithstanding the preceding paragraph and before the remote contract is concluded, the text of these terms and conditions can be made electronically available to the consumer in such a way that they may be stored in a simple way on a durable data carrier by the consumer. If this is not reasonably possible, then, before the remote contract is concluded, it will be indicated where the general conditions can be inspected electronically and, at the request of the consumer, they will be sent to him electronically or otherwise, free of charge.
- In the event that, besides these terms and conditions, specific product or service conditions also apply, the second and third paragraph will equally apply and the consumer can, in case of conflicting terms, always rely on the applicable provision that is most favourable to him.
Article 3 - The offer
- If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
- 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 must be a truthful representation of the 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 involved in accepting the offer.
Article 4 - The agreement
- The agreement, subject to the provisions of paragraph 4, is concluded at the time the consumer accepts the offer and meets the corresponding conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately electronically acknowledge the receipt of the acceptance of the offer. Until receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may rescind the contract.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety precautions.
- The entrepreneur can, within the law -, inform whether the consumer is able to meet its payment obligations, and be made aware of all those facts and factors that are important to a sound conclusion of the remote contract. If the entrepreneur has good reasons, following this investigation, not to enter into the agreement, he is entitled to refuse an order or request, or to attach special conditions to the implementation.
- The entrepreneur will provide the following information, at the latest upon delivery of the product, service or digital content to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the establishment of the business where consumers can lodge complaints;
b. the conditions under which and the manner in which the consumer can exercise his right of withdrawal,
or a clear statement regarding the exclusion of the right of withdrawal;
c. information on warranties and after sales service;
d. the price of the product, service or digital content including all taxes; where applicable,
the delivery costs; and the method of payment, delivery or performance of the remote contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year
or is indefinite;
f. if the consumer has a right of withdrawal and the concept form for withdrawal.
- In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Article 5 - Right of withdrawal
- The consumer may 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 withdrawal, but cannot obligate him to state his reason(s).
- The cooling-off period mentioned in paragraph 1 begins on the day after the consumer, or a pre-designated third party other than the carrier, has received the product, or:
- 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 final product. The entrepreneur may, provided that he has clearly informed the consumer hereof prior to the ordering process, refuse an order for multiple products with different delivery time.
- if the supply of a product consists of shipments or parts: the day on which the consumer or a designated third party, has received the last shipment or part;
- with contracts for regular delivery of goods during a certain period: the day on which the consumer or a third party designated by him, received the first product.
Article 6 - Obligations of the consumer during the cooling-off period
- During this period the consumer will handle the product and packaging with care. He will only extract the product or use it to the extent that is necessary in order to determine the nature, characteristics and functioning of the product. The premise here is that the consumer should only handle and inspect the product as he would be allowed to do in a shop.
- The consumer shall only be liable for diminished value of the product that is the result of dealing with the product beyond what is permitted in paragraph 1.
- The consumer is not liable for diminished value of the product if the entrepreneur did not provide him, before or at the concluding of the agreement, with all information required by law about the right of withdrawal.
Article 7 - Exercising the right of withdrawal by the consumer and costs thereof
- If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the cooling-off period using the concept form for withdrawal or any other unequivocal manner to the entrepreneur.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product to (a representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has observed the return period in any case if he returns it before the cooling off period has expired.
- The consumer shall send the product back with all accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct cost of returning the product. If the entrepreneur has not notified the consumer that he has to bear them or if the entrepreneur indicates that he will bear the cost himself, then the consumer is not responsible for the return shipping costs.
- If the consumer exercises his right of withdrawal, all additional agreements are cancelled by law.
Article 8 - Obligations of the entrepreneur in case of withdrawal
- If the entrepreneur allows the notification of withdrawal by the consumer electronically, he needs to send an acknowledgment of receipt immediately upon receipt of this notification.
- The entrepreneur shall reimburse all payments by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer has notified him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to reimburse until he has received the product or the consumer demonstrates that he has returned the product, whichever is the earlier.
- The entrepreneur uses the same means of payment used by the customer for reimbursement unless the consumer agrees to a different method. The refund is free of charge for consumers.
- If the consumer opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs of the more expensive method.
Article 9 - Exclusion right of withdrawal
The entrepreneur can exclude the following goods and services from the right of withdrawal, but only if the entrepreneur states this clearly in the offer, at least in time before the conclusion of the agreement:
- Goods or services whose price is dependent on fluctuations in the financial market outside the entrepreneur's control, and which may occur within the withdrawal period;
- Contracts concluded at a public auction. A public auction is defined as a method of sale where goods are offered to the consumer who attends personally or is given the opportunity to be personally present at the auction, conducted by an auctioneer and where the successful bidder is obliged to take delivery of the products, digital content and / or services;
- Products manufactured according to specifications of the consumer, that are not prefabricated and manufactured on the basis of an individual choice or decision by the consumer or which are clearly intended for a specific person;
- Products that quickly decay or have a limited shelf life;
- Sealed products that are unsuitable to be returned for reasons of protection of health or hygiene and which were unsealed after delivery;
- Products which are, by their nature, inseparably mixed with other products after delivery;
Article 10 - The price
- During the period mentioned in the offer, prices of the products and / or services are not increased, except for price changes due to changes in VAT rates.
- Notwithstanding the preceding paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and which the entrepreneur has no control over, at variable prices. These fluctuations and the fact that any prices mentioned are target prices, are mentioned with the offer.
- Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
- Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated so and:
a. they are the result of legislation or regulations; or
b. the consumer is authorised to terminate the contract with effect from the date the increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
Article 11 - Compliance agreement and extended warranty
- The entrepreneur guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
- An additional warranty provided by the entrepreneur, its supplier, manufacturer or importer never restricts legal rights and claims that consumers have if the entrepreneur has failed to fulfil its part of the agreement.
- Additional warranty is defined as any undertaking by the entrepreneur, its supplier, importer or manufacturer certifying that the consumer is granted certain rights or claims beyond those which are legally obligated and in case he has failed to deliver his part of the agreement.
Article 12 - 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.
- Subject to what is stated in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders expeditiously but not later than 30 days, unless a different delivery period has been agreed upon. If delivery is delayed or if an order is not or only partially carried out, the consumer receives notification thereof no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract without penalty and is entitled to any compensation.
- After dissolution in accordance with the preceding paragraph, the entrepreneur must immediately reimburse the amount paid by the consumer.
- The risk of damage and / or loss of products rests upon the entrepreneur up to the moment of delivery to the consumer or a pre-designated representative who is known to the entrepreneur, unless expressly agreed otherwise.
Article 13 – Duration transactions: duration, termination and extension
- The consumer may at any time terminate an agreement that has been concluded for an indefinite period, which extends to the regular delivery of products, if the applicable termination rules and notice period of at least one month is observed
- The consumer can at any time terminate an agreement that has been concluded for an indefinite period which extends to the regular delivery of products, by the end of a certain period while taking into account the agreed termination rules and notice period of at least one month.
- The agreements referred to in the preceding paragraphs can, by the consumer,
- Be terminated at all times and not be limited to the termination at a particular time or in a given period;
- Be terminated at least in the same way as he concluded it;
- Always terminate with the same notice period as the entrepreneur has negotiated for himself.
- A contract for a definite period that extends to the regular delivery of products cannot be automatically extended or renewed for a fixed period.
- A contract for a definite period that extends to the regular delivery of products, may only be tacitly renewed for an indefinite period if the consumer may at any time terminate with a notice period of at least one month.
- When a contract has a duration of more than one year, the consumer can at any time and with a notice period at least one month terminate the agreement, unless reasonableness and fairness resist against termination before the end of the agreed term.
Article 14 - Payment
- Unless otherwise provided in the agreement or additional terms, the amounts owed are to be paid by the consumer within 14 days after the start of the cooling period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement.
- When selling products to consumers, the consumer should in general terms never be obliged to an advance payment of more than 50%. If advance payment is negotiated, the consumer may not assert any rights regarding the implementation of the order or service(s) before the negotiated advance payment has been made.
- The consumer is obliged to immediately report any inaccuracies in supplied or specified payment data to the entrepreneur.
- If the consumer is unable to meet the payment obligation(s), after he was notified by the entrepreneur of late payment and was granted a period of 14 days by the entrepreneur to yet fulfil his commitments, after the failure to pay within this 14-day period, he owes the legal interest on the outstanding amount, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collections are maximum: 15% of outstanding amounts up to € 2,500.-; 10% on the next € 2,500.- and 5% on the next € 5,000.- with a minimum of € 40.-. The entrepreneur can deviate from these amounts and percentages to benefit the consumer.
Article 15 - Complaints procedure
- The entrepreneur has a well-publicized complaints procedure and deals with complaints according to this procedure.
- Complaints about the implementation of the agreement should, promptly after the consumer has ascertained the defects, submitted clearly and well-defined to the entrepreneur.
- Complaints submitted to the entrepreneur are answered within a period of 14 days from the date of receipt. If a complaint needs a foreseeably longer processing time, receipt will be confirmed by the entrepreneur within a period of 14 days, indicating when the consumer can expect a more detailed answer.
- The consumer should allow the entrepreneur in any case four weeks to resolve the complaint by mutual agreement. After this period, it becomes a dispute that is subject to dispute resolution.
Article 16 - Disputes
- Contracts between the entrepreneur and the consumer, to which these terms and conditions apply, are exclusively subject to Dutch law.
Article 17 - Additional or deviating terms
- Additional or terms that differ from these terms and conditions, may not be to the detriment of the consumer and need to be recorded in writing or in such a way that they can be stored on a durable data carrier accessible by the consumer.