Terms and conditions WDGWV version 0.1
Article 1: Applicability, definitions
1. these terms and conditions apply to all offers and agreements all agreements of command, including all have performed work and the provision of services as well as all agreements of purchase and sale, whether or not through the websites www.webvel.nl or www.wdgp.nl, www.wdgwv.nl by WDGWV, established in Haarlem, hereinafter referred to as WDGWV.
2. the client the buyer respectively will be further referred to as the other party.
3. a number of provisions in these terms and conditions will only see on the situation in which the other party is a natural person not acting in the exercise of a profession or business. In these provisions, the other party is known as the consumer.
4. under written in these general conditions means: by letter, by email, by fax or any other means of communication that in view of the prior art and the equivalent in the socially accepted.
5. under the website is in these terms and conditions shall mean the website mentioned in paragraph 1 of this article (s) of WDGWV.
6. under business in these general conditions in any case means: to deliver the WDGWV hardware with its components.
7. to manufacture By WDGWV and/or advice given by the other party, calculations, drawings, reports, designs, etc. will be in the following referred to as the modest. These documents can be both in writing and on other data carriers, such as on CD-ROMs, dvds, USB sticks etc.
8. all provisions of these terms and conditions apply to all deliveries, activities and/or services of WDGWV, unless the text of the article or the determination proves otherwise.
9. it may not apply all or part of a provision of these terms and conditions shall be without prejudice to the applicability of the other provisions.
10. these terms and conditions also apply to repeat orders originated from the agreement, part orders, partial assignments or follow-up contracts.
11. If these terms and conditions WDGWV already has asked several times to the other party, there has been an abiding business relationship. WDGWV don't have the conditions to enable this each time on these agreements.
Article 2: Contracts, agreements
1. the agreement is established after the other party has accepted the offer made by WDGWV, whether or not this acceptance on subordinate points differs from the offer. When, however, the acceptance of the other party on substantial modifications of the offer, the agreement will only become effective if agreed explicitly in writing with WDGWV these exceptions.
2. If the other party without preceding offer to WDGWV a WDGWV command this command provided is bound first to the other party in writing after he has confirmed. Commands must be accompanied by a clear, written description of the nature of the contract.
3. changes to a placed order serve once in writing and be accompanied by a clear description of the changes. Aforementioned changes as well as additions or amendments to the terms and conditions or the agreement to the other party in writing bind WDGWV first after it have been confirmed and have only covers the relevant agreement.
4. If the other party via the website an order or order, is bound to this first order or WDGWV order in writing to the other party after he has confirmed. The foregoing applies, unless otherwise indicated on the website.
5. WDGWV is first bound to oral agreements confirmed in writing to the other party after he has or once without objection by the other party-WDGWV-with the implementation of these agreements has started.
6. WDGWV nor the other party is entitled under the contract are rights and/or obligations without consent of the other party to a third party, unless the parties have agreed otherwise explicitly in writing or as otherwise provided in these terms and conditions.
Article 3: Offers, prices and tariffs
1. all offers and quotations of WDGWV are non-binding, unless they contain a period for acceptance. If an offer or quotation contains an offer without obligation and this offer is accepted by the other party, then WDGWV has the right the offer no later than 4 business days after receipt of the acceptance.
2. the information referred to in offers, price lists, etc. on the website prices are exclusive of VAT and any costs, such as transport and shipping and handling. Unless stated otherwise on the website.
3. a compound quotation WDGWV not obliged to supply of a part of the supply included in this quote against a corresponding part of the price.
4. If the offer is based on information provided by the other party and these prove to be incorrect or incomplete data or change afterwards, is entitled WDGWV the prices stated in the offer and/or delivery times.
5. offers, prices and tariffs do not automatically apply to repeat orders or new commands.
6. models and examples Shown and/or provided by the modest and to be delivered, of contents of functionalities, capacities, dimensions as well as other descriptions in brochures, promotional materials and/or on the WDGWV website are as accurate as possible, but apply only to denote. It may not derive any rights from the other party.
7. the models listed in the previous paragraph shall remain the property of WDGWV and serve at its first request to be at the expense of the other party to WDGWV returned.
8. WDGWV has the right offer or quotation at the costs of the other party, provided that the other party in writing in advance on these charges he has pointed out.
9. a. If, between the date of the conclusion of the agreement and its implementation for WDGWV (cost) pricing amplification conditions occur due to laws and regulations, currency fluctuations, changes in the price or rate by WDGWV third parties or suppliers or changes in the prices of the needed materials, raw materials, etc., is WDGWV to increase the agreed prices and rates accordingly entitled and to the other party.
b. when price or rate increases within 3 months after conclusion of the contract, the consumer shall be entitled to terminate agreement by written declaration. If the consumer within 14 days after communication of the price or rate change to WDGWV had informed the use to create his dissolution power WDGWV may assume that the consumer has agreed with the price or rate change.
10. in the relevant agreements is entitled WDGWV duration prices and/or rates periodically. WDGWV the other party about this no later than one month for the price or rate change effective date of written information. If the other party does not agree to the advertised price or rate change, he is entitled the agreement within 14 working days after the date of this notification in the notification against the effective date listed. Cancellation must be made in writing.
Article 4: Sale on distance, sea term
1. the provisions of this article shall apply only to consumers in a sale on distance within the meaning of article 46a book 7 of the civil code.
2. If there is a sale on distance, is a trial period of 14 working days. The trial period means that the consumer has a right the agreement within 14 working days of receipt of the case. The consumer is not held for this dissolution a reason to give up.
3. dissolution of the agreement is only possible by written communication to WDGWV.
4. in the event of dissolution of the agreement should the case unused, in its original packaging and at the expense and risk of the consumer to be returned to WDGWV.
5. in the event of dissolution of the agreement are already paid by the consumer (excluding shipping costs incurred by the consumer), by WDGWV within 30 days after dissolution to the consumer paid back.
6. WDGWV has the right to refuse returns only part of any payments already received to pay back, if the case is not in the original packaging, use or damaged.
7. WDGWV shall inform the consumer immediately after receiving the returns of any refusal of these cases or only partly reimburse payments already received.
Article 5: Payment if the proper execution of the agreement so requires, WDGWV has the right to carry out certain supplies or work by third parties. One thing and another at the discretion of WDGWV.
Article 6: Obligations of the other party
1. the other party should make sure that:
a. He all data necessary for the implementation of the agreement and modest way you want to in a timely manner by WDGWV WDGWV;
b. WDGWV provided by the other party to any data carriers, files etc. are free of viruses and defects;
c. the goods delivered by WDGWV in accordance with the provided and/or delivered by WDGWV (usage) indications, instructions, advice, manuals, etc. be used and adequately secured;
d. in case of work should take place on location, on the agreed dates and times WDGWV access to this location. This location shall comply with the applicable legal (Safety) requirements;
e. WDGWV on aforementioned location can have extensions for the necessary electricity, internet, etc. The costs are to be borne by the other party. Working hours lost due to loss of these facilities are also to be borne by the other party;
f. in the event that the work several days, there is a room available at this location where materials, tools, properties of WDGWV etc. can be saved or stored without damage or theft of these materials, tools or property;
g. at this location the other facilities reasonably desired by WDGWV are present, without a cost.
2. the other party shall take the measures necessary to ensure that the information provided by him is correct and complete, and shall indemnify WDGWV against claims by third parties arising from the incorrect and/or incomplete data.
3. the other party is liable for the loss or theft of and/or other damage to the materials, tools, properties etc. that WDGWV during the execution of operations when the other party has used or stored.
4. If not timely to the obligations laid down in this article are met, WDGWV shall be entitled to suspend the execution of the agreement until such time that the other party though to his obligations. The costs associated with the delay and/or cost for the provision of extra work and the other consequences arising shall be for the account and risk of the other party.
5. If the other party fails to fulfil its obligations and to demand from the other party fails to fulfil obligations WDGWV, affect the right of WDGWV still to require compliance at a later date.
Article 7: Confidential information
1. the parties undertake to maintain the confidentiality of all the information to them in the context of the conclusion and implementation of the agreement obtained from or about the other party and which this party has indicated that the confidential information is concerned or which they know or can reasonably know that that information should be treated confidentially. The Parties shall provide this information to third parties only to the extent necessary for the performance of the contract.
2. each party will take all reasonable precautions to keep the information secret and confidential guarantees that employees or other persons who are under its responsibility are involved in the implementation of the agreement also will keep to this duty of confidentiality.
3. the duty of confidentiality does not apply if a party as a result of laws and/or regulations or a court order is required to disclose the confidential information and hereby can't rely on a legal or a privilege allowed by a judge. This exception also applies to the employees or other persons referred to in paragraph 2 of this article.
4. it is allowed to publish at any time WDGWV about the agreed activities or services and the methods used or developed, (part) to reuse analyses etc., provided that the privacy of the other party is maintained or has obtained permission of the other party WDGWV.
Article 8: Risk of information storage/backup
1. all of the other party will WDGWV-whether or not as part of a back-up agreement-retrieved information, documents and/or files during the term of the agreement carefully and save storage and to take all reasonable measures, on the other hand, take them unauthorized access (for example, by hackers) to this information, documents and/or files.
2. WDGWV, however, is never liable for loss or destruction of this (whether or not in the context of a back-up agreement) received information, documents and/or files-if at all-by hackers, unless this is due to intent or gross negligence on the part of WDGWV and/or his senior staff at Board level. The other party must at all times to ensure that he retains the original or a copy of the information provided to WDGWV, modest and/or files.
Article 9: Delivery, delivery periods
1. Agreed delivery periods can never be regarded as deadlines, partly because WDGWV themselves with this terms often must rely on delivery periods of its (internet) providers, other service providers or suppliers. If the agreed performance WDGWV not or not timely delivers written notice of default, therefore, highlighting a reasonable time is awarded to him for its delivery obligations.
2. WDGWV is entitled to delivery and/or execution of the work or services in sections or phases, where each partial delivery or part performance or periodically can be billed separately
3. the risk concerning the goods delivered shall pass to the other party at the time of delivery. Under the time of delivery in these general conditions shall mean the time it to be delivered the property or leave the warehouse of WDGWV or the time when the other party WDGWV has said that these matters can be collected by him.
4. by way of derogation from paragraph 3 of this article, with consumers under the time of delivery shall mean the time when the business actually available to the consumer.
5. shipment or transport of the ordered manner determined by WDGWV is made at a business, but for the account and risk of the other party. WDGWV is not liable for any damages of any kind-whether or not the business itself-that is related to the dispatch or transport.
6. by way of derogation from paragraph 5 of this article shall apply for consumers that dispatch or transport of the ordered matters shall be carried out at the risk of WDGWV, but on behalf of the consumer.
7. If, due to a cause in the risk of the other party atmosphere, turns out to be impossible to deliver the ordered goods to the other party or if the goods are picked up is not WDGWV, entitled business and/or the components used for the performance of the contract are purchased for the account and risk of the other party. Unless another term has set explicitly in writing WDGWV, the counterparty has WDGWV within 1 month of the date of notification of the storage to deliver the business or the business within that period, the counterparty has still to take.
8. If the other party after expiry of the time limit set in paragraph 7 of this article fails to fulfil its obligations, he is immediately in default. WDGWV have the right the agreement with immediate effect, without judicial intervention, by means of a written declaration to dissolve and the business in whole or in part and/or parts to sell to third parties. The foregoing, without it for WDGWV a liability for damages, costs and interest results.
9. the preceding the other party's obligation to pay compensation for any costs (storage), delay damages, lost profits or other damages will not be affected.
Article 10: Progress, executed agreement
1. If the commencement, progress or completion of the work, the services or the agreed delivery of goods is delayed because:
a. WDGWV all necessary particulars or documents not submitted in due time by the other party;
b. WDGWV (forward) any agreed payment in time of the other party;
c. There are any other circumstances that the expense and risk of the other party; WDGWV has right in such a prolongation of the delivery term as reasonably arises out of those circumstances and he is entitled the associated costs and damage, such as any waiting hours to charge, at the other party.
2. If the agreement is carried out in stages, is entitled WDGWV the execution of the parts belonging to a following stage, until the other party has approved the results of the previous phase. The resulting costs and damages are to be borne by the other party.
3. WDGWV will work the agreed activities and deliveries within the agreed and scheduled time to realize, as far as reasonably may be required of him. If the implementation of the agreement on the request of the other party needs to be accelerated, the associated WDGWV is entitled to charge overtime and other costs to the other party.
4. If, during the execution of the agreement shows that the works or deliveries due to unforeseen circumstances not in the agreed manner, will consult with the other party WDGWV on amendment of the agreement. WDGWV will inform the other party that on the consequences of the change for the agreed prices, rates and the agreed delivery periods. If the performance of the contract resulting from this has become impossible in any case, WDGWV has the right to full reimbursement of the already work carried out by him or supplies.
5. additional work should be agreed in writing between WDGWV and the other party. Under additional work means all at the request of the other party or necessarily arising from the work additional work and deliveries.
6. When WDGWV on request or agreement of the other party activities or other performance provided which fall outside the substance or scope of the agreement (additional work), these will work or performance by the other party to be reimbursed according to the usual rates of WDGWV WDGWV. WDGWV, however, is not required to comply with such requests and can always require a separate written agreement for this work or performance is closed.
7. the other party accepts that by the work or performance referred to in the previous paragraph of this article, the agreed or expected time of completion of the work and the mutual responsibilities of parties may be affected.
Article 11: Domain Name Registration
1. at the request of the other party can WDGWV the registration of domain names take care against the then-current rates.
2. after the other party has the price agreed to for the registration WDGWV WDGWV met, ensure that the domain name is put on the other party's name.
3. On the application and use of a domain name are always the rules and procedures applicable at the time of registration of the appropriate Registrar shall apply. The other party is obliged to act in accordance with these rules and procedures and other relevant laws and regulations for registration. Unless the parties have agreed otherwise in writing, the other party to inform themselves of the abovementioned rules, procedures, laws and regulations.
4. the registration of domain names shall be for the account and risk of the other party. The other party must itself to investigate whether the use of the intended domain name (trade law) is permitted and shall indemnify WDGWV for any claims by third parties if (registration of) the domain name infringes intellectual property rights of third parties. WDGWV the other party expressly indicates that registration of a domain name no establishment of a trademark law.
5. WDGWV vis-à-vis domain name registration at all times just a commitment and does not guarantee that an application for registration, will be honored.
6. unless the parties have agreed otherwise explicitly in writing or from the law and/or the regulation of the Registrar dictates otherwise, the domain name will be registered for a period of 12 months. This term is not always for the same period is extended tacitly for consumers, unless one of the parties, the agreement no later than 2 months before the end of the period has terminated in writing. For consumers, the registration at the end of the first period expires, unless they 2 months before the first or next period in writing that they wish to renew the registration. Each can only extend for a period of 12 months.
Article 12: Web Service
1. in the event the other party WDGWV for services in the field of server Manager (hosting) provides, it is the other party in respect of the use of this server or data traffic are prohibited:
a. to behave contrary to the netiquette;
b. infringing on intellectual property rights or other rights of third parties;
c. information, accessible and/or offer-through banners or third party advertising on the website-which conflicts with the Dutch laws and regulations;
d. to engage in hacking, including the unauthorized access to computer systems, software and/or data from third parties;
e. advertising, messages and/or to spread opinions in a way that could be classed as spamming;
f. through the services of WDGWV to or to engage in other illegal activities or activities that may be harmful to the server of WDGWV or for any other server connected to the internet, including references to or offering so-called pirated software, hacker programs or archives, warez sites;
g. is otherwise guilty of any criminal offence, including the dissemination and accessibility of information that is contrary to public order or morality or discriminatory in nature.
2. the other party indemnifies WDGWV for any claims by third parties relating to the way in which the other party uses the Web services provided by WDGWV.
3. WDGWV is entitled to limit the data traffic. If the parties have agreed, such a limit is entitled when crossing the WDGWV limit the resulting additional costs or damages suffered by the other party at WDGWV.
4. unless the parties have agreed otherwise, the agreed explicitly in writing Web service granted for a period of 12 months. This term is not always for the same period is extended tacitly for consumers, unless one of the parties, the agreement no later than 2 months before the end of the period has terminated in writing. For consumers, the registration at the end of the first period expires, unless they 2 months before the first or next period in writing that they wish to renew the registration. Each can only extend for a period of 12 months.
Article 13: Maintenance
1. If for the benefit of the services provided and/or business a maintenance agreement has been concluded between the parties, the other party in accordance with the usual procedures of the WDGWV or WDGWV to report any defects. After receiving a message will WDGWV best to rectify the faults.
2. If parties have agreed a periodic fees for the maintenance agreement, will take place free of charge recovery. WDGWV can the cost of the (recovery) charge separately if there is work, however, there have been operating errors by the other party, of other not attributable to WDGWV or if the goods and/or the result of the services provided by anyone other than WDGWV are or has been altered or maintained.
3. unless the parties have agreed otherwise explicitly in writing, are not included in the maintenance agreement the following activities:
a. Design and programming work;
b. work arising out of tele and data communication failures;
c. recovery of any lost data.
Article 14: Rental and hire
1. This article shall apply to any between WDGWV and the other party concerning the rental of movable property, especially servers and any agreement which will see on the WDGWV over a period of time by the other party for the provision of movable property.
2. WDGWV is entitled to establish a deposit the other party before the beginning of tenancy period to WDGWV.
3. the other party is obliged the leased property during the rental period to keep in good condition and is liable for all damage incurred during the rental period as well as for loss or theft. Damage, loss and/or theft must be reported to arise or notified under giving full details WDGWV.
4. Recovery of damage and/or defects and replacing broken parts should only be carried out by WDGWV or-after his explicit consent-on indication of WDGWV.
5. at the end of the rental period, the counterparty has the leased property in the State it was in when received and in the packaging in which it was delivered to WDGWV or to WDGWV to deliver them.
6. WDGWV will inspect the rented directly upon receipt. The other party has the right to be present at the inspection. Any costs incurred in connection with destruction or loss (of parts) of the leased property as well as the necessary costs for repair are to be borne by the other party.
7. for any delay in the return of the leased property after the expiry of the agreed rental period, the other party to determine a reasonable WDGWV compensation, without prejudice to the right of WDGWV to full compensation.
8. If the other party the rented-for any reason-not returns to WDGWV, the other party is obliged to reimburse all damage suffered as a result of WDGWV, including the new value of the leased property and the loss of profits.
9. the rented WDGWV is and remains the property of the other party is not allowed to sublet the leased property, third-party rights to third parties to provide, in use on the leased property or to make changes or to the leased property other than WDGWV the prior written consent of the other party must at all times to avoid third parties the expectation or impression, that he is competent to further access to the leased property.
10. in the event of seizure on the leased-including fiscal bottom fittings-or if legitimate concerns that this will come to pass, the counterparty has to report this immediately to WDGWV and the attaching directly to inform that the leased property is owned by WDGWV.
11. all WDGWV shall be entitled to be borne by the other party next costs and damages, to the extent possible, received from the other party to offset the deposit.
Article 15: Complaints
1. the other party is obliged to check the delivered goods immediately upon receipt and any visible defects, errors, flaws, defects, damage and/or abnormalities of what parties have agreed on the Bill of lading or accompanying bon. In the absence of a bill of lading or accompanying bon, the counterparty has the flaws, defects, etc. within 24 hours of receipt of the goods to report in writing to WDGWV.
2. other complaints regarding the delivered goods as well as complaints regarding the developed website or software shall immediately after discovery but at the latest within the agreed warranty period--to be reported in writing to WDGWV. All consequences of not directly reporting to the risk of the other party. If no explicit guarantee such time limit, subject to a period of 1 year after delivery.
3. the other party is obliged directly at the reception of the documents supplied by WDGWV-which have been submitted to the other party not first time in concept-to control. Any visible errors and/or omissions who reasonably relies on a first check of the documents can be found, must arrive within 2 business days after receipt of the documents to be reported in writing to WDGWV.
4. all complaints regarding services provided serve immediately after discovery but at the latest within 3 months from the-(on) supply of services — to be reported in writing to WDGWV. All consequences of not directly reporting to the risk of the other party.
5. If a complaint is not within the time limits mentioned in the above paragraphs are to be deemed WDGWV, the business is reported to have been received in good condition and to answer to the agreement or the services provided shall be deemed to have been delivered in accordance with the agreement.
6. do not suspend the payment obligation of the other party Complaints on.
7. paragraph 6 of this article shall not apply to the consumer.
8. in order to enable the other party must WDGWV to investigate the complaint and, in this framework, all for the complaint to provide relevant information to WDGWV. If the investigation into the complaint return shipping of the case is necessary, or if it is necessary to examine the complaint on the ground WDGWV comes, the associated costs for the account and risk of the other party, unless the complaint proves to be justified after the event.
9. In all cases shall be carried out in a manner determined by WDGWV return and in the original packaging or packaging.
10. no complaints are possible with regard to the result of the work carried out by WDGWV and/or services rendered in the event to this result after delivery (technical) changes have been made and/or result in whole or in part, this has been edited.
Article 16: Warranties
1. WDGWV will ensure that the agreed deliveries, work and/or services properly and in accordance with the respectively applicable standards in its sector, but gives regarding these deliveries, work and/or services never was a further guarantee than as expressly agreed between the parties.
2. during the guarantee term in WDGWV State for the usual normal quality and soundness of the delivered.
3. where, for the goods delivered by the manufacturer or supplier by WDGWV a warranty is issued, will that guarantee in like manner between parties. WDGWV will inform the other party.
4. when using the services necessary for the implementation of the agreement, WDGWV bases itself on the information that the provider or other service provider about this. If for this service provided by the provider or service provider will be issued, these guarantees certain guarantees equally between parties. WDGWV will inform the other party.
5. WDGWV does not guarantee and is never deemed to have guaranteed that the result of the work performed and/or services provided reflect, connect with, can be used via the existing system of the other party and/or can run on the existing system of the other party, unless the other party has confirmed this expressly in writing to WDGWV.
6. where recourse is had to go by the other party the WDGWV free of charge will take care of warranty, repair or replacement of the goods delivered or the result of the services provided or follow the steps in the "running the agreed services or for repayment of or a reduction on the previously agreed price or the agreed fee. At the discretion of a WDGWV if there is any additional damage, apply the provisions of the article of liability contained in this agreement.
7. The warranty will be void of Software what provided by WDGWV and (after delivery) is modified by third party without written permission of WDGWV.
8. Software what is provided by employees of WDGWV which is not contractually fixed laid at WDGWV is not covered by the warranty provisions of WDGWV.
Article 17: Liability
1. outside the explicitly agreed or given by WDGWV guarantees, guaranteed results, capabilities, features or quality standards WDGWV accepts no liability.
2. without prejudice to paragraph 1 of this article is WDGWV only liable for direct damage. Any liability of company, such as WDGWV for consequential damages, lost profits and/or loss, delay damage and/or individuals-or personal injury, is expressly excluded.
3. the other party is obliged to take all measures necessary to prevent or limit the damage.
4. If WDGWV is liable for damages suffered by the other party, the damages of up to WDGWV at all times limited to the amount that is paid by his insurer in the common case. In the event that the insurer will pay out of WDGWV not WDGWV or under a closed by insurance, the damages of WDGWV limited to the invoice amount for the goods delivered (on), website and/or services or the work done.
5. by way of derogation from paragraph 4, expensive contracts with a longer duration than 3 months WDGWV's liability is limited to the over the last 3 months of fee payable where the insurer pays out or not under a WDGWV by insurance WDGWV.
6. the other party must WDGWV no later than 6 months after he has become known with or known might have been to do with the damage suffered by him.
7. Notwithstanding paragraph 6 of this article shall apply for a period of 1 year the consumer.
8. the other party can not rely on the applicable warranty, nor WDGWV on other grounds liable if the damage has occurred:
a. by improper use of the delivered goods and/or the result of use of this service or business or the aforementioned result contrary to the instructions provided by or on behalf of WDGWV, advice, instructions, manuals, etc.,
b. by errors or inaccuracies in the information provided by or on behalf of the other party to WDGWV or prescribed data, documents, data carriers, etc.,
c. by indications or instructions from or on behalf of the other party;
d. because repairs or other work by or on behalf of the other party or edits to the goods delivered or the results of the work and/or services are performed, without the express prior permission of WDGWV.
9. the other party shall in the cases enumerated in paragraph 8 of this article shall be fully liable for all resulting damage and shall indemnify WDGWV Express for all third-party claims to compensation for any such damage.
10. This article included limitations of liability do not apply if the damage is due to intent or gross negligence on the part of WDGWV and/or his senior staff at Board level or if compulsory legal provisions oppose. Only in these cases the other party will indemnify WDGWV any claims by third parties against the other party.
Article 18: Payment
1. WDGWV is at all times entitled to (partial) advance payment or any other security for the payment of the other party.
2. payment of subscriptions or other expensive agreements, monthly in advance to be carried out on the basis of an issued authorization to debit. If a direct debit-for whatever reason-fails or is revoked, the other party to ensure that successful or not revoked within 7 days of the collection (attempt) takes place the payment due or direct debit is possible.
3. payment of purchased goods via the website must be made in accordance with the method indicated on the website. Payment by other means is permitted only if the parties expressly agreed in writing.
4. If payment is made after invoicing, payment is agreed within a limitation period of 30 days after the invoice date shall be made, unless the parties have agreed otherwise explicitly in writing. The accuracy of an invoice if the other party does not pay within the term fixed objected.
5. If an invoice after the expiry of the period referred to in paragraph 4 is not fully paid, the other party shall owe to WDGWV a default interest of 2% per month, to calculate cumulative about the principal. Portions of a month are counted as a full month.
6. If payment is not forthcoming, after WDGWV WDGWV has served notice in addition to the other party entitled extrajudicial collection costs.
7. the extrajudicial collection costs amounts referred to in paragraph 6 for exposures with a principal of up to 25,000, 00:
15% of the amount of principal on the first 2,500.00 of the claim (with a minimum of 40.00);
10% of the amount of principal on the following 2,500.00 of the claim;
5% of the amount of principal on the following 5,000.00 of the claim;
1% of the amount of principal on the following 15.000,00 of the claim.
8. If the principal exceeds 25,000, 00, is entitled to the other party on the first 25,000 WDGWV, 00 extrajudicial collection costs to calculate in accordance with paragraph 7 of this article and for the size of it several extrajudicial collection costs 10% over that to charge more to the other party.
9. for the purpose of calculating the extrajudicial collection costs is entitled WDGWV over 1 year to increase the principal amount of the claim with the in that year in accordance with paragraph 5 of this article are cumulative accrued default interest.
10. in the absence of full payment by the other party, shall be entitled, without further notice of default is WDGWV agreement or judicial intervention, by means of a written declaration to dissolve or suspend its obligations under the agreement, until the payment has been made or the other party has set for proper security. Aforementioned opschortingrecht has WDGWV also if he even before the other party is in default with the payment if it has reasonable grounds for doubting the creditworthiness of the counterparty.
11. in the event there is agreement at a duration of the absence of full payment, will WDGWV the other party written notice of default and grant the other party a reasonable period within which to proceed to payment. If payment fails again over this reasonable period of time and the defaulted 3 terms or more or, if payment is due annually, 3 months or more, is entitled WDGWV services upon written notice to the other party to suspend this until full payment has been made or for adequate security has been lodged. In addition, the agreement shall in such event have the right to WDGWV, without legal intervention, by means of a written declaration to dissolve. In this context, inter alia, under suspension can mean blocking the other party operated by WDGWV for the website (s), domain names or email addresses. Any damage caused as a result suffers WDGWV as well as the costs of reconnection or reactivate the service are to be borne by the other party.
12. payments made by the other party by WDGWV will first be deducted from all interest and costs and then on the payable invoices which have been outstanding the longest, unless the other party when paying expressly mentions that the payment relates to a later invoice.
13. the other party is not entitled to set off claims of WDGWV with any counter claims he has on WDGWV This shall also apply if the other party (provisional) suspension of payments or is declared bankrupt.
Article 19: Retention Of Title
1. WDGWV retains title of all delivered under the agreement and to be delivered for until the other party has not fulfilled all his payment obligations towards WDGWV.
2. the commitments referred to in paragraph 1 consist of the payment of the purchase price of the delivered and to be delivered, plus claims in respect of work performed in connection with the delivery and the other party claims due to attributable in the fulfilment of its obligations, including the payment of compensation, any extrajudicial collection costs, interest and fines.
3. as long as title to the supplied, the other party is not entitled to pledge or in any way in these matters the actual power of a financier.
4. WDGWV The other party is obliged to inform in writing immediately if third parties pretend to have proprietary or other rights on the business which title.
5. the other party is obliged to make matters on which title to the time when he has not fulfilled all his payment obligations towards WDGWV carefully and as identifiable property of WDGWV.
6. the other party should take care of such a business insurance or contents insurance, that things which have been delivered under retention of title are insured at all times and will grant access to WDGWV at its first request in the insurance policy and the associated premiebetalings.
7. If the other party is acting in violation of the provisions of this article or WDGWV refers a case to the retention of title, comes to WDGWV and its employees the irrevocable right to enter the premises of the other party and to take back the goods delivered under reservation of ownership. This without prejudice to the right of WDGWV to reimbursement of damage, loss of profit and interest and the right to dissolve the agreement without further notice, by means of a written declaration, dissolve.
Article 20: Bankruptcy, dispose, etc.1. without prejudice to the provisions of the other articles of these general conditions is entitled WDGWV the agreement, without further notice of default and without legal intervention, by means of a written declaration to the other party, at the time when the other party: is declared bankrupt or an application for its bankruptcy has been made; (provisional) suspension of payments; by enforceable seizure is affected; under receivership or under; otherwise the power of disposal or legal capacity with respect to his power or lose parts of it. 2. the other party is obligated to notify the administrator or receiver of the (content of the) agreement and these terms and conditions.
Article 21: Force Majeure
1. in the event in case of force majeure on the part of the other party or WDGWV WDGWV, is entitled the agreement without judicial intervention, by means of a written declaration, to terminate to the other party or the fulfilment of its obligations to the other party for a reasonable period of time to be suspended without any compensation.
2. force majeure on the side of WDGWV is in the framework of these general conditions shall mean a non-attributable failure by third parties engaged by him WDGWV, or suppliers or other powerful reasons on the side of WDGWV.
3. If there will be circumstances in which force majeure will include: war, insurrection, mobilization, national and international unrest, strikes, Government measures, within the Organization of WDGWV and/or of the other party or threat of these and the like conditions, disruption of the at the time of entering into the agreement existing currency ratios, company disturbances by fire, burglary, sabotage or natural phenomena, etc., created by internet or power failures etc. delivery or connectivity issues as well as by accidents, weather conditions, road blocks and the like resulting transport difficulties and delivery problems.
4. If the force majeure situation occurs if the agreement is carried out in part already, the other party is WDGWV up to its obligations to that time.
Article 22: Cancellation, suspension
1. the provisions of this article shall not apply to dissolution within the trial period as provided for in article 4 of these terms and conditions.
2. in the event the other party the agreement prior to or during its implementation wishes to cancel, he is at WDGWV a compensation to be determined by WDGWV. These damages include all costs incurred by WDGWV and his already by the cancellation damages including the loss of profits. WDGWV is entitled to compensation for fixing and called-to his choice and depending on the work already carried out or deliveries-20 to 100% of the agreed price at the other party.
3. If the other party has a scheduled appointment cancel less than 24 hours in advance or moving, is in any case entitled WDGWV the allocated time based on the agreed or usual hourly rate to the other party.
4. towards third parties, the other party is liable for the consequences of the cancellation and will indemnify WDGWV resulting claims of such third parties.
5. WDGWV is entitled to set off all amounts already paid by the other party with the compensation owed by the other party.
6. in the case of suspension of the execution of the contract at the request of the other party is already at that time the compensation for all work performed or expenses immediately due and payable and WDGWV is entitled to charge these at the other party. WDGWV is also entitled to make all during the opschortingperiode or expenses as well as the opschortingperiode already reserved for the hours at the other party.
7. where the implementation of the agreement after the agreed WDGWV opschortingduur cannot be resumed, the agreement is entitled, without legal intervention, by means of a written declaration to the other party to dissolve. In the event that the implementation of the agreement after the agreed opschortingduur is resumed, the other party is any costs resulting from this resumption of WDGWV.
Article 23: Applicable law/competent court
1. On the agreement concluded between WDGWV and the other party is exclusively Dutch law is applicable.
2. any disputes shall be settled by the competent court in the place where WDGWV is located, except that WDGWV always competence to submit the dispute to the competent court in the place where the other party is established.
3. the consumer is becoming empowered to choose for settlement of the dispute by the legally competent judge, provided that he makes this choice soon to WDGWV With timely is here meant: WDGWV in writing within one month after notification of the dispute to the consumer like to put to the right of its place of establishment.
4. If the other party is established outside the Netherlands, WDGWV is entitled to act in accordance with paragraph 2 of this article or to its choice-the disputes to the competent court in the country or State in which the counterparty is established.