Warranty and general terms and conditions Icetubs

First, a few important definitions:

We’ and ‘us’: Icetubs as part of the private company with limited liability Welvaere B.V., with registered office at Amersfoortseweg 96 in (3862 NE) Nijkerk, registered in the trade register under no.: 61379905 . VAT no.: NL854318501B01, seller.

Icetub: a beautiful ice bath that is exclusively intended for ice-cold water, your purchase, the product and/or the subject of the order for the provision of services or the supply of goods by us for you, which is concluded between you and us on the basis of an agreement. Applicability of articles 7:404, 7:407 paragraph and2 7:409 of the Civil Code (BW), regardless of the manner in which it is given, is expressly excluded.

You: every party (natural or legal person) who enters into an agreement with us or to whom we have made an offer to which these general terms and conditions, both the introduction and parts A and B, (hereinafter: “these conditions”) apply. If you are a consumer, these terms and conditions apply to you, unless mandatory law provides otherwise and that is more favourable for you as a consumer. In this context, see at least Section 6:236 of the Dutch Civil Code.

Professional and/or business use: if your purchase/order from us is not intended for personal and private use that relates to one household at one (residential) address, but for use by and/or from (several) others, such as members of a sports school. This also includes use for a fee. These conditions apply to you and the agreement between you and us, unless it is explicitly stated that other conditions apply to professional use, as is at least the case with regard to guarantee.

Agreement: any agreement, by whatever means, concluded between us and you, any amendment or addition thereto, as well as all (legal) acts in preparation for and implementing that agreement. Also being an agreement whereby, within the framework of a system organized by us for the remote sale of goods and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for remote communication.

Right of withdrawal: the possibility for you, as a consumer, to withdraw from the distance contract within a cooling-off period of 14 days. This right shall expressly not apply to other contracts or in the case of non-consumers.

Important for the correct use of the Icetub, its service life and for maintaining your warranty:

You are to use the Icetub correctly at all times, which means, in addition to what can and may be reasonably expected of you, such as that the Icetub is only intended for ice-cold water, at least the following:

Do not use outdoors:

  1. In case of frost (during the frost months you should put the Icetub inside);
  2. In bad weather such as thunder or lightning;
  3. If you are alone;
  4. If the water is below 2 degrees.

Do not use indoors:

  1. In open areas where children can easily reach (e.g. a chair or a stool);
  2. In case of open electrics or electrical cabinets;
  3. If you are alone;
  4. In the case of an uneven floor;
  5. Within 2,5 meters of a wall socket and do not lay the cord on the ground.

A. WARRANTY CONDITIONS

 

We provide a guarantee on all products purchased from us. We offer a standard guarantee of one year2 on the purchase of an Icetub. This guarantee applies  only to private use of our Icetubs and does not include labour and/or call-out  charges. For business and professional use, a maximum warranty period of six  months applies. 

We consider it very important that a purchase made from us can be used in the  right way. If your purchase is defective within the guarantee period, it can, in principle, be assumed that it will be repaired or replaced free of charge. The choice for this lies with us. Of course, this does not apply if you can do something about it, for example (no limitative list, see also the heading below  ‘the guarantee does not apply in case’) recklessly or deliberately acted and/or that you did not use the Icetub correctly (see above). Then you cannot make a claim  under any guarantee. 

We are always available for questions about our Icetubs and their guarantee.  Therefore, please contact us as soon as possible when something is defective,  but at least within days 14after you have discovered the defect and/or when  you should and could have known about the defect ([email protected]). We will  take further action to ensure that you can enjoy the ice-cold water of the  Icetubs again as soon as possible

Repair service conditions during the guarantee period 

Warranty work can be carried out by an authorized service technician engaged by us. We will not reimburse the repair costs if a repair is carried out  by you, someone else or by a (local) service provider, who has not been directly  appointed by us. You therefore explicitly waive our guarantee if you carry out repairs yourself (within the guarantee period) and/or if you hire someone to carry out repairs unless we approve the repair and quote in writing before the repair work is started. Work carried out without Icetubs’ approval is not covered.

The guarantee covers the following specified main components in our  Icetubs: 

  • Compressors 
  • Condenser and heating 
  • fans (can be replaced without a certified cooling system  technician)
  • main PCBs 
  • Cover 
  • Temperature sensors 
  • Vacuum pump 
  • water pump UV filter 
  • Control panel 

Individual guarantee on replaced parts 

When (defective) parts are replaced with new parts, the new part will have a  separate warranty of 1 year from the date of replacement. This does not  mean that the original standard warranty will be reinstated. The remaining  period of the original warranty remains valid even after any repair or  replacement carried out under this standard warranty. 

In the event of a defect in one or more of the above-specified components  during the additional year1’s warranty period, we will 

We shall provide a new or repaired component free of charge. The  decision to repair or replace is ours. This extended warranty does not  include labour or any other costs that may be associated with the removal  or replacement or installation of the components covered by this extended  warranty.

The guarantee does not apply in case of: 

  1. Damage caused by improper use of the Icetub (see also the  heading above: ‘Important for the correct use of the Icetub:’; 
  2. Damage caused by moving the Icetub or transporting it (by  ourselves), unless we move the Icetub; 
  3. If you leave the Icetubs outside at or below freezing; 
  4. Damage caused by bringing products, such as glasses or toys, into  the Icetub; 
  5. If there is or has been anything other than ice-cold water in the Icetub; 6. Damage caused by normal wear and tear or neglect; 
  6. Loss caused by fire, flood or rainwater, theft, vermin or insect  infestation or unreasonable exposure of the product outdoors; 8. Damage caused by the product not being properly installed,  operated, maintained or used in accordance with Icetubs’  instructions and specifications;
  1. Damage caused by unauthorised modifications, accidents, misuse,  use of an incorrect voltage, power surges, thunderstorms or  carrying out repairs yourself without consulting Icetubs;
  2. Damage caused by improper use of corrosive chemicals;
  3. Damage caused by water or other liquids entering the electrical  parts due to negligence;
  4. Damage caused by severe overheating of the product due to  negligence, such as covering the fans of the product or when heat  exchange surfaces are covered with objects such as towels, clothes  or when the system is placed too close to a wall;
  5. Utensils such as filters , water hoses and covers;
  6. Damage caused by intentional and/or reckless action by you or a  third party. 

This guarantee excludes all other guarantees, conditions and  undertakings. Whether express or implied. 

B. TERMS OF SALE AND DELIVERY 

Article1  Applicability of these conditions  

  1. These conditions apply to all legal relationships in which we act as  seller or supplier of products. All provisions of these terms and conditions shall apply between you and us, insofar as neither you  nor we have expressly deviated from these terms and conditions in  writing
  2. The applicability of any other general terms and conditions is  hereby expressly rejected. These terms and conditions also apply to  all agreements for the execution of which third parties are or  should be involved. compliance with the terms and conditions.
  3. If we tacitly allow deviation from these terms and conditions, this  shall not affect our right to still demand direct and strict 
  4. If and insofar as any of the provisions of these terms and  conditions is wholly or partially void or voided, the remaining  provisions of these terms and conditions will remain fully in force and  we will adopt instead provisions to replace the void and/or voided  provisions, taking into account as much as possible the objective and  purport of the void or voided provision. We will consult with you  about the exact wording of these new provisions if required.
  5. Ambiguities regarding the content of the terms and conditions, or  situations not covered by these terms and conditions, should be  assessed in the spirit of these terms and conditions. 

Article Offer2 and conclusion of agreement 

  1. Our offer (any quotation or offer) is entirely without obligation,  unless explicitly agreed otherwise in writing. An offer expires if the  product to which it relates is no longer available in the  meantime. Obvious mistakes or obvious errors in an offer do not  bind us.
  1. The description in an offer is detailed enough for you to be able to  make a proper assessment of it. If we use pictures, they are a true  representation of what we offer. However, all images, specifications  and/or data in an offer are indicative and cannot be a reason for  compensation and/or dissolution of the agreement. For example,  we cannot guarantee that the colours displayed in images provided by  and/or on behalf of us correspond exactly to the real colours of the  products. 
  2. Each offer suitable for a distance contract contains such  information that it is clear to you what rights and obligations are  attached to accepting the offer. This concerns in particular the price  including taxes, any shipping costs, the way in which the agreement  will be brought about and which actions are required for this,  whether or not the right of withdrawal is applicable, the method of  payment, delivery and implementation of the agreement and the  applicable general conditions. 
  3. An agreement comes into being after we have confirmed the order  to you in writing within days8. 
  4. In the event of a distance contract with you (as a consumer),  the contract will be concluded at the time of your acceptance  of the offer and the fulfilment of the conditions thereby  stipulated. conditions. If you have accepted the offer electronically, we shall  immediately confirm receipt of acceptance of the offer  electronically. As long as the receipt of this acceptance has not  been confirmed by us, you may dissolve the contract. 
  1. If the acceptance deviates from the offer, we are not bound by it.  The agreement will then not come into being in accordance with  this deviating acceptance, unless we explicitly accept this in  writing. 
  2. A compound quotation does not oblige us to perform part of the  agreement at a corresponding part of the quoted price. Previous  quotations, offers, prices and/or rates do not automatically apply to  new assignments and/or agreements.
  3. Orders and/or contracts accepted by us shall be deemed to be of  the type and make only. If a packaging, design, model, type etc. has  been changed, we shall be discharged by delivery of the changed  packaging, design, model, type etc. at the applicable standard  price.

Article 3 Delivery

  1. Unless expressly agreed otherwise in writing, delivery shall be ex  works: if and as long as the products to be delivered are in our  warehouse and/or storage, they shall be at our expense and risk. 
  2. You are obliged to accept the purchased products at the moment  they are delivered to you. If you refuse to take delivery or are  negligent in providing information or instructions necessary for  delivery, the products will be stored at your risk and responsibility.  You will in that case be liable for all additional costs, including in  any case storage and transport costs. 
  3. We have the right to have certain activities carried out by third  parties if and insofar as this is required for the proper execution  of the order. We also have the right to supply from stock of third parties, provided that it has not been expressly agreed  that delivery shall be made from own stock. 
  1. An agreed delivery time is not a deadline, unless explicitly agreed  otherwise in writing. In the event of late delivery, you must  therefore give us explicit written notice of default and allow us a  reasonable period of time to deliver before we are in default. An  agreed period of time starts to run when you have provided us  with all the information we requested. 
  2. Furthermore, an agreed delivery time shall always be subject to  uninterrupted work and material supply, uninterrupted transport  and timely delivery by our suppliers, such that we are able to meet  the delivery time.  
  3. We are permitted to deliver sold products in parts. This does not  apply if a partial delivery has no independent value. If the products  are delivered in parts, we are authorised to invoice each part  separately. 
  4. If the agreement is performed in phases, we may suspend the  performance of those parts that belong to a subsequent phase until  you have approved in writing the results of the preceding phase. 
  5. In the event that the actual delivery date is postponed at your  request and/or through your fault, you request partial delivery  and/or the goods are not picked up by you, the risk in respect of  the goods shall nevertheless pass to you from the moment that  these goods are identified in our records and/or warehouse as  belonging to you. We shall be entitled to invoice the goods from  this time. Any costs for additional transport, storage, insurance  and/or other additional costs shall be borne by you. 
  6. In the case of a distance contract, we will provide the following information with the product, in writing or in such a way that you  can store it in an accessible manner on a long-term data carrier:  our visiting address for complaints, the conditions for use of the  product, and the conditions of use. of the right of withdrawal, information on guarantees and existing  after-sales services.

Article 4 Samples, models and data 

  1. If we show or provide a model, sample and/or example, this is  always by way of indication only: the qualities of the products to  be delivered may deviate from the sample, model or example. 
  2. Information, in whatever form, and catalogues provided by us may  be changed without prior notice and are therefore not binding. 3. We have the right at all times to determine that products, which in  our opinion qualify for this, will only be delivered in certain  minimum quantities. 
  3. Models, samples, examples and the like provided by us shall remain our property unless expressly agreed otherwise in writing5. Models, samples, examples and the like, which have been provided to us by you, remain your property and are binding for you unless  expressly agreed otherwise in writing. 

Article 5 Payment 

  1. Unless expressly agreed otherwise, payment shall be made within  days 30of the invoice date, expressly without any discount or set-off,  by transferring the amount owed to NL73 RABO 0346 9022 66 in the  name of Welvaere B.V. After expiry of the 30-day payment term  after the invoice date, or any other term expressly agreed upon in  writing, you shall be in default;You shall be liable for interest on the due and payable amount  equal to the statutory interest rate from the time of entering  default
  1. In the event of your liquidation, bankruptcy or suspension of  payments, or if a debt rescheduling arrangement is pronounced in  relation to you, your obligations will become immediately due and  payable. 
  2. Payments made by you always serve in the first place to settle all  interest and costs due, and in the second place to settle due and  payable invoices that have been outstanding the longest, even if you  state that the payment relates to a later invoice. 
  3. We can, within legal frameworks, inform ourselves whether you can  meet your payment obligations, as well as of all those facts and  factors that are important for a sound conclusion of the distance  contract. If, on the basis of this investigation, we have good  grounds for not entering into the agreement, we are entitled to  refuse an order or application or to attach special conditions to its  implementation. 
  4. Before we commence or continue with the delivery, you are, at our  express request, obliged to pay an amount specified by us by way  of deposit and/or advance payment or to provide sufficient security  for the fulfilment of his/her payment obligation. Refusal by you to  provide the required security or make advance payment shall be  considered an attributable shortcoming by you. 
  5. All complaints about an invoice must be made to us explicitly in  writing, within 30 days of the date on which the invoice was sent.  After the expiry of the aforementioned term, you are deemed to have  agreed with the assignment carried out and/or the invoice. If  payment has been made by you, we may assume that you are in  agreement with the contents of the invoice. 
  6. From the moment you are in default until the day of payment in  full, you shall owe the statutory interest on the entire amount due,  as well as the extrajudicial costs incurred or owed by us. The  extrajudicial costs will be calculated in accordance with the  collection rate as advised by the Netherlands Bar Association in  collection cases. If we incur higher costs which were reasonably necessary, these will also be at your  expense, as well as any judicial and execution costs incurred.

Article 6 Changes in the products to be supplied and/or circumstances 

  1. We are authorised to supply products deviating from what has been  agreed if these are changes to the product to be supplied, its  packaging or accompanying documentation which are required in  order to comply with applicable statutory regulations, or if these are  minor changes which improve the product. 
  2. If the circumstances that you and we assumed at the time the  agreement was made should change to such an extent that  compliance with the agreement or part of it cannot reasonably be  required of one of the parties, consultation will take place about  interim changes to the agreement. 
  3. If the changed circumstances have arisen through your fault,  any additional work resulting from this will be charged to you4. Without being in default, we can refuse a request to change the  agreement and/or assignment, if this could have qualitative and/or  quantitative consequences for the work to be performed and/or  products to be delivered, for example, within that framework5. You, as the buyer, are obliged to notify us of any changes of address  in writing without delay. Products delivered to the purchaser’s last  known address are deemed to have been received. 

Article 7 Cancellation, return shipment and right of withdrawal 

  1. If you cancel a contract concluded with us in whole or in part  (before delivery), you will be obliged to pay all costs incurred in  connection with to reimburse us for reasonable costs incurred in executing the  agreement, without prejudice to our right to compensation from  you for direct and/or indirect damage resulting from the  cancellation. 
  2. Orders and/or agreements with regard to personalised products  and/or customised products cannot be cancelled after we have  started, or had, the execution of the order and/or agreement. You  are obliged to take delivery of and comply with all obligations  arising from the agreement between the parties in that case, unless  we explicitly stipulate otherwise in writing. 
  3. If you cancel a contract concluded with us and the cancellation  takes place within 2 (two) weeks before the agreed date of  delivery, you will owe the full invoice amount instead of the  provisions in the previous paragraph.  
  4. Return shipments will only be accepted with our express prior  written consent, in which case the following must not be in  question: 
  • Products damaged and/or used by you; 
  • Products which cannot be returned for reasons of hygiene, such  as at least stoves and tubs, unless we determine otherwise;
  • Products packaged other than in their undamaged and  unmarked original packaging; 
  • Products are not returned with due haste, but in any case within  30 days of delivery; 
  • Products delivered under special conditions and/or prices, such as, in  any case, clearance sales and/or offer conditions; 
  • Personalised products and/or customised work according to your  specifications; 
  • Products whose nature prevents their being returned.

 

When requesting the return, you explicitly state that none of the above is the  case in the relevant situation. The condition of the returned products upon  arrival at the address provided by us shall be decisive for our acceptance of  the return shipment. We also determine whether the return shipment will lead  to a credit or an exchange of the products for similar products.

  1. Any shipping costs of the return shipments and the risk of the return  shipment shall be borne by you, also in the case of the provisions of  paragraph 1 of 6this article. 
  2. Contrary to the provisions of these terms and conditions, you, being a  consumer, have a period of 14 days after concluding a distance  contract, following receipt of the products, to withdraw from the  contract without stating any reasons. In case of delivery of services,  the period starts on the day the agreement is concluded.  

Paragraphs.4.a., b., c., e., f. and g. of this article are also explicitly  applicable here. If you wish to exercise your right of withdrawal, you must inform us of this  7. If you, as a consumer using the right of withdrawal, have paid an  within 14 days of receipt of the goods. The notification must be made by  amount, we will refund this amount as soon as possible, but no later  means of the model form. After you have made known that you wish to make, then within days14 after the withdrawal. This is subject to the  use of the right of withdrawal, the item must be returned within 14 (fourteen)  condition that we have already received the goods back and/or  days. The burden of proof of dispatch rests with you. We offer a model form  that conclusive proof of the return of the goods can be provided.  for withdrawal from agreements concluded via our webshop on our website.

Article 8 Termination of the Agreement

  • 1. All of our claims against you are immediately due and payable if: after the agreement has been concluded, circumstances come  to our knowledge that give us good reason to fear that you will  not fulfil your obligations; 
  • We have asked you to provide security for the fulfilment of your  obligations and this security is not provided or is insufficient  within the specified period;  
  • As a result of the delay on the part of the other party, it can no  longer be demanded that the party in question will fulfil the  agreement on the originally agreed conditions; 
  • You do not observe the terms of payment and/or otherwise fail  to fulfil your obligations. 

In the cases mentioned, we are authorised to suspend further execution of the  

  1. If circumstances arise concerning persons and/or material which  agreement or to terminate the agreement, all this without prejudice to the we use or tend to use in the execution of the agreement, which are  right to claim damages. of such a nature that the execution of the agreement becomes impossible or so objectionable and/or disproportionately expensive  that fulfilment of the obligation under the agreement can no longer  be reasonably required, we are authorised to dissolve the  agreement.  
  1. In the event of liquidation, of (a request for) suspension of  payment or bankruptcy, of attachment if and to the extent that  the attachment has not been lifted within months3 – at your  expense, we are free to terminate the agreement immediately and  with immediate effect, without any obligation on our part to pay  any damages or compensation. Legal intervention No notice of default is required for this. In this case, our claims  against you will be immediately due and payable. 

Article 9 Retention of Title 

  1. The products delivered by us remain our property until you have  fulfilled all of the following obligations arising from all agreements  concluded with us.  
  2. If you fail to comply with your obligations or if there is a well-founded  fear that you will not do so, we are entitled to remove or have  removed from you or from third parties holding the product  delivered products subject to retention of title. You are obliged to  provide all cooperation in this under penalty of a fine of 10% of the  amount owed by you per day. 
  3. If third parties wish to establish or assert any right on the products  delivered under retention of title, you are obliged to inform us as  soon as may reasonably be expected. 
  4. You undertake to do so at our first request: 
  • insure the products delivered under retention of title and keep them insured against fire, explosion and water damage and against theft and make the insurance policy available for inspection; 
  • to pledge to us all claims by you on insurers relating to the products delivered under retention of title in the manner prescribed in Article 3:239 of the Dutch Civil Code; 
  • to pledge to us, in the manner prescribed in Article 3:239 of the Dutch Civil Code, the claims which you acquire against your customers when reselling products delivered by us subject to retention of title; 
  • to mark the products delivered under retention of title  as our property;
  • otherwise cooperate with all reasonable measures we intend to take to protect its proprietary rights in the products and which do not unreasonably interfere with your normal course of business.

Article 10 Defects and right of complaint 

  1. You must examine (or have examined) the purchased products upon  delivery – or as soon as possible thereafter. In doing so, you should  check whether what has been delivered corresponds to the agreement, namely:
  • whether the correct products have been delivered; 
  • Whether the products delivered correspond to the agreement in  terms of quantity (e.g. number and amount);  
  • whether the products delivered meet the agreed quality  requirements or – if these are lacking – the requirements  that may be set for normal use and/or commercial  purposes; whether the goods are damaged.
  1. Should visible defects or deficiencies be detected, you must report  these to us expressly in writing, please by e-mail, within days 14after  aflection. We shall be entitled to request verification of visible  defects and agreement at the time of delivery. 
  2. Non-visible defects must be reported to us in writing within  working14 days of their discovery or the moment when the defect or  defects could reasonably have been discovered, but in any case  within months3 of delivery of the goods.  
  3. If a defect is reported later than within the periods stipulated in this  article, you will no longer be entitled to repair, replacement or  compensation, unless a longer period ensues from the nature of the  item or the other circumstances of the case. 
  4. Changes in technical insights in the industry and/or in  government regulations are at your risk. Slight and/or technical unavoidable deviations in quality, dimensions, Colour, size etc. shall not constitute grounds for complaint. The same  applies to colour differences due to the incidence of light, weather  conditions and/or as a reasonable side-effect of handicraft. 
  1. Unless explicitly stated otherwise by us in writing, all custom work is  handiwork and all logos and/or applied images and/or signs are  handiwork. 
  2. When processing products at your request, in any case printing  and/or handicrafts, a reasonable risk of error must be taken into  account. You expressly accept the aforementioned risk by  placing the order with us. 
  3. If we acknowledge complaints, we shall be entitled, to the exclusion  of any right to compensation on your part, either to take back the  products and to forego (further) delivery against reimbursement of the  purchase price, or to require you to retain the products against an  appropriate reduction in the purchase price, or to have them  redelivered as soon as possible and/or to offer free repair. In the  event that redelivery must take place outside of the Netherlands, the  additional costs of redelivery will be borne by you. 
  4. Even if you file a complaint in time, your obligation to pay and take  delivery of the products to be delivered shall remain as agreed.  Products can only be returned to us after prior express written  consent. Paragraphs 4 and 5 of this article also apply o returns.
  5. If you are unable to demonstrate the urgency of the repair, we are  entitled to schedule a service time according to the agenda of the  repairer engaged by us.

Article 11 Prices and price increase 

  1. Prices are quoted excluding 21% VAT. 
  2. We are entitled to increase the price for a period of months3  after the agreement has been concluded. You are entitled to  change the agreement in this case within 14 days after notification of the  increase by us. The aforementioned must be done explicitly in  writing. After 3 months from the conclusion of the agreement, we  shall be entitled to a reasonable increase in the agreed price if  there is reason to do so.  

Article 12 Liability and indemnity 

  1. We are only liable insofar as this is apparent from this article. The  included limitations of liability of us do not apply if the damage  is due to intent or gross negligence on our part. 
  2. We shall never be liable to you for costs, damages and interest  which may be incurred by us or by third parties as a direct or  indirect result of acts or omissions by persons employed by us or  by third parties engaged by us or of products whether or not  under our control or of products supplied by us. 
  3. You are held to indemnify us and hold us harmless against all  damage, costs and interest for which we may be held liable by third  parties in connection with the provisions of the previous paragraph.  You also expressly indemnify us against all claims by third parties  relating to industrial and intellectual property rights on data you  have supplied to us, which are used in the execution of the  agreement. 
  4. We shall never be liable for consequential loss, which shall in any  case be understood to mean trading loss, loss due to business  interruption and/or loss of profit on your part, in connection with  (untimely) deliveries by us. 
  5. We are never liable if a product in your possession has been  damaged, no longer works or is defective due to the actions of you or  someone else (whom you left with the product). See also the  warranty conditions in these terms and conditions. 
  6. Our liability shall at all times be limited to the amount paid out under  our business liability insurance in the case in question. If our  insurance company does not pay out, our liability shall be limited to  the maximum amount invoiced for the product for which the  damage was caused. damage has resulted from it, at least for that part of the order to  which the liability pertains. 
  1. We are not liable in the event of force majeure. 
  2. We are never liable for damage and/or consequences of the use,  placement and/or possession of one of our products on festival  and party grounds or at the time of hire for the purposes of a  festival, party and the like. This means that we are not only  indemnified against all damages to third parties, this indemnification  also applies with regard to grounds and other products.
  3. If you provide us with information carriers, electronic files or  software etc., you guarantee that these materials are free of viruses  and defects. Any damage caused by the use of these materials will  be compensated by you.

Article 13 Force majeure

  1. In addition to the provisions of the law and jurisprudence in this  respect, force majeure is understood to mean circumstances,  foreseen or unforeseen, which prevent the fulfilment of the  commitment and which cannot be attributed to us. These  circumstances will include (if and insofar as they make fulfilment  impossible or unreasonably difficult) strikes in companies other than  our own, unofficial strikes or political strikes in our company; a  general lack of necessary raw materials and other products or  services required to achieve the agreed performance; unforeseeable  stagnation at suppliers or other third parties on which we depend;  general transport problems; measures taken by any government body;  illness; fire; earthquakes; theft; company or energy failures; force  majeure at a third party engaged and technical failures. 
  2. We shall also be entitled to invoke force majeure if the circumstance  preventing (further) fulfilment arises after we should have fulfilled  the obligation. 
  3. During the period of force majeure, we are entitled to suspend  delivery and other obligations until such time as the circumstance causing the force majeure no longer occurs, or to  dissolve the agreement, without any obligation to pay   compensation in that case.  
  1. If we have already fulfilled or can fulfil part of our obligations when  the force majeure occurs, we shall be entitled to invoice the part  already delivered or the part which can be delivered separately and  you shall be obliged to pay this invoice as if it were a separate  agreement. However, this does not apply if the part already delivered  or deliverable has no independent value.
  2. Force majeure, as referred to above, on the part of our suppliers  shall be deemed to constitute force majeure on our part.

Article 14 Intellectual and industrial property 

  1. All rights of intellectual and industrial property, including but not  limited to copyright, patent, trademark and rights related to trade  names, with regard to the products and/or designs provided, sold  and/or delivered by us, are vested in us or our licensors. We shall at  all times be the party entitled to all rights of industrial and/or  intellectual property thereof, also if these rights have arisen within  the framework of the agreement. In so far as not explicitly and  unambiguously permitted by us or by law, nothing from the products  and designs provided, sold and/or delivered by us may be made  public or reproduced in any way.  
  2. You are not permitted to remove and/or change any copyright  notices, trademarks, trade names and/or other intellectual   property rights from our material. 
  3. Reproduction of products and designs supplied, sold and/or  delivered by us is prohibited, as is the making available of the sold  product to third parties of whom there is a reasonable suspicion  that they will imitate the product and/or design in question or  have it imitated. 
  4. If you violate the prohibitions of the above-mentioned paragraphs of  this Article, you will be liable to a non-negotiable fine of amounting to 5% of the purchase price with a minimum of €  per500,00 case or per product. You also undertake to impose the  prohibition contained in this clause, together with the penalty  clause, on its legal successors in the form of a chain reaction, so  that these legal successors and their successors in title are also  bound to us in this regard.
  5. In the event of non-compliance with the obligation stipulated in the  previous paragraph, you or your legal successor will be liable to pay us  an immediately payable penalty which is not subject to moderation,  equal to the invoice amount in each case.

Article 15 Final provisions 

  1. We are authorised to make amendments to these terms and  conditions at any time. These amendments shall enter into force  at the announced time of entry into force. If no effective date has  been announced, amendments will take effect as soon as you are  notified of the amendment. You (as a consumer) have the right to  terminate the agreement in the event of substantial changes,  pursuant to article 6:237 sub c of the Dutch Civil Code.  
  2. The Dutch text of these terms and conditions shall be binding  and shall always be decisive for the interpretation thereof. 3. All legal claims against us, including claims for damages, become  time-barred and/or expire after a period of one year 1after the  relevant claim and/or demand arose. 
  3. Only Dutch law shall apply. 
  4. The applicability of the Vienna Sales Convention is excluded. 6. The most recently filed version or the version valid at the  time the legal relationship with us was established shall  always apply.