Terms and Conditions of Use

Terms and Conditions for Delivery to Consumers

Last version: 2 December 2020

Toc:

Article 1 – Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - Offer
Article 5 - Agreement
Article 6 - Right of Withdrawal
Article 7 - Costs in case of revocation
Article 8 - Exclusion right of vocation
Article 9 - Price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, cancellation and renewal
Article 13 – Payment
Article 14 - Complaints scheme
Article 15 – Dispute
Article 16 - Additional or different provisions

Article 1 - Definitions

For the means of these conditions:

1. Time to think: the period within which the consumer may benefit from his right of withdrawal;

2. 'Consumer' means the natural person who does not act in the pursuit of profession or business and enters into a distance contract with '44 Antiques;;

3. Day: calendar day;

4. Duration transaction means a distance agreement relating to a range of products and/or services, the supply and/or purchase obligation of which is spread over time;

5. Sustainable data carrier: any means that enables the consumer or '44 Antiques to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

6. 'Right of withdrawal' means the possibility for the consumer to opt out of the distance contract within the cooling-off period;

7. '44 Antiques: the grouping offering products and/or services to consumers remotely;

8. Distance agreement: an agreement whereby, under a system for distance selling of products and/or services organised by '44 Antiques, one or more distance communication techniques are used exclusively until the conclusion of the contract;

9. Technology for remote communication: means that can be used to conclude an agreement, without the consumer and '44 Antiques having met simultaneously in the same room.

Article 2 - Identity of the Ondernemer

'44 Antiques VOF
Statutory based in Tilburg;

Phone number: +316-46393106
Email address: info@44-antiques.com
Getting there: By Appointment
KvK number: 78478103
Vat identification number: NL861417689B01

Article 3 - Applicability

1. These terms and conditions apply to any offer of '44 Antiques and to any distance agreement between '44 Antiques and the consumer.

2. Before the distance contract is concluded, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the terms and conditions in '44 Antiques can be seen and they will be sent free of charge as soon as possible at the consumer's request.

3. By way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that it can be stored by the consumer in a simple way on a durable data medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be notified by electronic means and that, at the consumer's request, they will be transmitted free of charge or otherwise free of charge.

4. In the event that, in addition to these general conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutedly and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision which is most favorable to him.

Article 4 - The offer

1. If an offer has a limited period of validity or quantities or is made subject to conditions, this shall be explicitly stated in the offer.

2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If '44 Antiques uses images, they are a true representation of the products and/or services offered. Obvious mistakes or apparent errors in the offer do not bind '44 Antiques.

3. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are linked to the acceptance of the offer. This concerns in particular:

1. The price including taxes (Except for customers outside the EU);;

2. Any cost of delivery;

3. The manner in which the agreement will be concluded and what actions are required;

4. Whether or not the right of withdrawal applies;

5. The method of payment, delivery and implementation of the agreement;

6. The time limit for acceptance of the offer or the period within which '44 Antiques guarantees the price;

7. The level of the distance communication rate if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;

8. Whether the contract will be archived after its conclusion, and if so in what way it can be consulted for the consumer;

9. The way in which, before the conclusion of the contract, the consumer can verify and, if desired, recover the information he provides under the contract;

10. Any other languages in which, in addition to Dutch, the agreement may be concluded;

11. The minimum duration of the remote contract in the event of an expensive transaction.

Article 5 - The Agreement

1. The contract shall be concluded, subject to paragraph 4, at the time of the consumer's acceptance of the offer and compliance with the conditions laid down there by it.

2. If the consumer has accepted the offer by electronic means, '44 Antiques shall immediately confirm the receipt of acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by '44 Antiques, the consumer may terminate the contract.

3. If the agreement is concluded electronically, '44 Antiques will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, '44 Antiques will take appropriate safety measures to this end.

1. '44 Antiques may inform itself, within legal frameworks, whether the consumer can meet his payment obligations, as well as all those facts and factors relevant to the responsible entry into the distance contract. If' 44 Antiques has good grounds to enter into the agreement on the basis of this investigation, he is entitled to denied an order or application or to attach special conditions to the execution.

1. '44 Antiques shall send the following information 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 medium:

1. The visiting address of the establishment of '44 Antiques where the consumer can go with complaints;

2. The conditions under which and the way in which the consumer may benefit from the right of withdrawal or a clear notification concerning the exclusion of the right of withdrawal;

3. The information about warranties and existing service after purchase;

4. The information contained in Article 4(3) of these conditions, unless '44 Antiques has already provided this information to the consumer prior to the exit of the contract;

5. The requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.

2. In the case of an expensive transaction, the provision in the previous paragraph shall apply only to the first delivery.

Article 6 - Withdrawal

When supplying products:

1. When purchasing products, the consumer has the option to terminate the contract without giving reasons for 14 calendar days. This cooling-off period shall take place on the day following receipt of the product by the consumer or a representative previously appointed by the consumer and announced to '44 Antiques.

2. During the cooling-off period, the consumer will handle the product and packaging carefully. He will only extract the product to that extent in order to be able to assess whether he wishes to retain the product. If he uses his right of withdrawal, he will return the product to '44 Antiques in accordance with the reasonable and clear instructions provided by '44 Antiques with all the accessories and packaging provided by '44 Antiques. ’44 Antiques

In the case of provision of services:

1. In the case of the provision of services, the consumer shall be able to terminate the contract without giving reasons for at least 14 days, starting on the day of entering into the contract.

2. In order to make use of his right of withdrawal, the consumer will turn to the reasonable and clear instructions given by '44 Antiques at the time of delivery and at the latest at the time of delivery.

Article 7 - Costs in case of withdrawal

1. If the consumer makes use of his right of withdrawal, the costs of the return shall be borne.

2. If the consumer has paid an amount, '44 Antiques will repay this amount as soon as possible, but not later than 30 days after receipt of the goods or withdrawal from the service.

Article 8 - Right of withdrawal exclusion

1. '44 Antiques may exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if '44 Antiques clearly mentions this in the offer, at least in time for the conclusion of the contract.

2. Exclusion from the right of withdrawal shall be possible only for products:

1. Created by '44 Antiques in accordance with consumer specifications (this applies to all customized and printed products);

2. Which are clearly personal in nature;

3. Which cannot be returned by their very nature;

4. Which can quickly spoil or age;

5. The price of which is linked to fluctuations in the financial market over which '44 Antiques has no influence;

6. For individual newspapers and magazines;

7. For audio and video recordings and computer software whose consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services:

1. With regard to accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;

2. The delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;

3. Regarding bets and lotteries.

Article 9 - The price

1. During the period of validity indicated in the offer, the prices of the products and/or services offered will not be increased, subject to price changes due to changes in VAT rates.

2. By way of derogation from the previous paragraph, '44 Antiques may offer products or services whose prices are subject to fluctuations in the financial market and which '44 Antiques has no influence on, with variable prices. This commitment to fluctuations and the fact that any prices quoted are target prices are indicated in the offer.

3. Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.

1. Price increases from 3 months after the conclusion of the agreement are only permitted if '44 Antiques has negotiated this and:

1. are the result of legislation or provisions; Or

2. the consumer has the power to terminate the contract from the day on which the price increase takes effect.

2. The prices listed in the supply of products or services include VAT. (Excluding customers outside the EU).

Article 10 - Conformity and Guarantee

1. '44 Antiques shall ensure that the products and/or services comply with the agreement, the specifications set out in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing at the date of the conclusion of the agreement. If agreed, '44 Antiques also ensures that the product is suitable for other than normal use.

2. A guarantee provided by '44 Antiques, manufacturer or importer does not affect the legal rights and claims which the consumer may assert under the contract vis-ed '44 Antiques.

Article 11 - Delivery and execution

1. '44 Antiques will take the utmost care in accepting and implementing orders of products and in assessing requests for services.

2. The place of delivery shall be the address which the consumer has made known to the company.

3. Subject to the provisions of Article 4 of these terms and conditions, the company shall carry out accepted orders with skillful urgency but not later than 30 days unless a longer delivery period has been communicated. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive a notice no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract at no cost.

4. In the event of dissolution in accordance with the previous paragraph, '44 Antiques will repay the amount paid by the consumer as soon as possible, but not later than 30 days after dissolution.

1. If delivery of an ordered product proves impossible, '44 Antiques will endeavour to make a replacement item available. At the latest in the case of care, it will be clearly and understandably reported that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The cost of any return is borne by '44 Antiques

2. The risk of product damage and/or disappearance rests with '44 Antiques up to the time of delivery to the consumer or a pre-appointed and '44 Antiques disclosed representative, unless expressly otherwise agreed.

Article 12 - Duration transactions: duration, denunciation and renewal

Termination

1. The consumer may terminate at any time an indefinite contract which is intended for the regular delivery of products (including electricity) or services, subject to the rules of notice agreed and a notice period of not more than one month.

2. The consumer may terminate at any time by the end of the fixed period of time a fixed-term contract which is intended for the regular delivery of products (including electricity) or services, subject to the termination rules agreed for that purpose and a notice period of not more than one month.

3. The consumer may:

1. Cancel at all times and not be limited to termination at a given time or period;

2. At least denounce in the same way that they have been entered into by him;

3. Always cancel with the same notice period as '44 Antiques has negotiated for themselves.

Extension

1. An agreement entered into for a fixed period of time which covers the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a certain period of time.

2. By way of derogation from the previous paragraph, a fixed-term contract which is intended to cover the regular delivery of daily news, weekly and magazine magazines may be tacitly extended for a maximum period of three months if the consumer can terminate this extended contract by the end of the extension with a period of notice of not more than one month.

3. A fixed-term contract which is limited to the regular delivery of products or services may be extended for an indefinite period only if the consumer is allowed to terminate at any time with a period of notice of not more than one month and a period of notice of not more than three months in case the contract is extended to the regular but less than once per month , delivery of daily, news and weekly magazines and magazines.

4. An agreement with a limited duration until the regular delivery of daily, news and weekly magazines and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introduction period.

Duration

1. If an agreement has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a period of notice of not more than one month, unless reasonableness and fairness oppose denunciation before the end of the agreed duration.

Article 13 – Payment

1. To the extent otherwise agreed, the amounts due by the consumer shall be paid within 14 days of the expiry of the cooling-off period referred to in Article 6(1). In the case of a contract to provide a service, this period shall 31 after the consumer has received confirmation of the contract.

2. When selling products to consumers, a prepayment of more than 50% may never be negotiated under terms and conditions. Where advance payment has been negotiated, the consumer cannot assert any right to carry out the order or service(s) in question before the prepayment has been negotiated.

3. The consumer has a duty to report inaccuracies in payment details provided or mentioned without delay to '44 Antiques.

4. In the event of a consumer default, '44 Antiques has the right, subject to legal restrictions, to charge the reasonable costs previously disclosed to the consumer.

Article 14 – Complaints scheme

1. Complaints relating to the services and deliveries of '44 Antiques webshop must be made known by e-mail and handled according to the complaints procedure as described on the website.

2. Complaints about the performance of the contract mustcbe submitted to '44 Antiqueswithin a timely, complete and clear time- afterthe consumer has identified the defects.

3. Complaints submitted to '44 Antiques are counted within 14 days of the date of receipt of areply. If a complaint requires a foreseeable longer processing time, '44 Antiques replies within the 14-day period with a message of receipt and an indication when the consumer can expect a more detailed response.

4. If the complaint cannot be resolved by mutual agreement, a dispute arises which is open to the dispute settlement.

Article 15 - Disputes

Agreements between '44 Antiques and the consumer to which these terms and conditions relate shall be subject only to Dutch law.

Article 16 - Additional or derogatory provisions

Additional or different provisions may not be to the detriment of the consumer and should be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data medium.

Terms and Conditions for Delivery to Non-Consumers

Article 1. General

1. These conditions shall apply to any offer, offer and agreement between '44 Antiques, hereinafter referred to as 'User', and a Counterparty to which User has declared these conditions applicable, provided that these terms have not been expressly and in writing deviated from by the parties.

2. These conditions also apply to agreements with User, for the implementation of which should be involved by User third parties.

3. These terms and conditions are also written for the employees of User and his management.

4. The applicability of any purchase or other conditions of the Other Party is expressly rejected.

5. If one or more provisions in these terms and conditions are at any time completely or partially annulled or could be destroyed, then it remains fully applicable in these terms and conditions. The User and the Other Party will then enter into consultations with a view to agreeing new provisions to replace the nuny or annulled provisions, respecting as far as possible the purpose and scope of the original provisions.

6. If there is uncertainty as to the interpretation of one or more provisions of these terms and conditions, the explanation should take place 'in the spirit' of these provisions.

7. If a situation arises between the parties which are not governed by these general conditions, this situation should be assessed in the spirit of these terms and conditions.

8. If The User does not always require strict compliance with these conditions, this does not mean that its provisions do not apply, or that the User would lose the right to require, in other cases, the prompt compliance with the terms of these conditions.

Article 2 Tenders and offers

1 All offers and offers from User are non-binding, unless the tender has set a deadline for acceptance. A quote or offer will expire if the product to which the offer or offer relates is no longer available in the meantime.

2 User cannot be held to his offers or offers if the Other Party can reasonably understand that the offers or offers, or part thereof, contain an obvious error or a misrehension.

3 The prices indicated in a tender or offer shall not include VAT and other public levies, any costs to be incurred under the agreement, including travel and accommodation, shipping and administration costs, unless otherwise specified.

4 If the acceptance (whether or not on subordinate points) differs from the offer contained in the offer or offer, the User is not bound by it. The agreement will not be concluded in accordance with this different acceptance, unless User indicates otherwise.

5 A composite quotation does not oblige The User to carry out part of the contract at a corresponding part of the specified price. Offers or quotes do not automatically apply to future orders.

Article 3 Duration of contracts; delivery times, implementation and modification of the agreement

1. The agreement between User and the Other Party shall be entered into indefinitely, unless otherwise arising from the nature of the agreement or if the parties expressly and in writing agree otherwise.

2. If a time limit has been agreed or specified for the completion of certain activities or for the supply of certain items, this is never a fatal time limit. The Other Party User must therefore default in writing. Users should be given a reasonable period of time to implement the agreement.

3. If User needs data from the Other Party for the implementation of the agreement, the implementation period does not take place until after the Other Party has made it available to User correctly and in full.

4. Delivery is done off user's business. The Other Party is obliged to take the cases when they are made available to him. If the Other Party refuses to purchase or is negligent in providing information or instructions necessary for delivery, User is entitled to store the items for the account and risk of the Other Party.

5. User has the right to have certain activities carried out by third parties.

6. User is entitled to execute the agreement in several stages and to invoice the portion thus executed separately.

7. If the agreement is implemented in stages, User may suspend the implementation of those components belonging to the next stage until the Other Party has approved in writing the results of the preceding phase.

1. If, during the implementation of the Agreement, it appears that it is necessary for its proper implementation to be amended or supplemented, the Parties will adapt the Agreement in good time and by mutual agreement. If the nature, scope or content of the agreement, whether at the request or designation of the Other Party, of the competent authorities, etcetera, is amended and the agreement is therefore changed in terms of quality and/or quantity, this may also have consequences for what was originally agreed. As a result, the amount originally agreed can be increased or reduced. User will make as much of this as possible advance price statement. An amendment to the Agreement may also amend the time limit for implementation which was originally specified. The Other Party accepts the possibility of amending the agreement, including the change in price and time limit of implementation.

2. If the agreement is amended, including a supplement, then User is entitled to implement it only after it has been agreed by the person competent within the User and the Other Party has agreed to the price and other conditions specified for implementation, including the time at which it will be implemented. Failure or failure to immediately implement the amended agreement does not result in any default by User and is neither grounds for the Other Party to terminate the agreement. Without defaulting, User may refuse a request for amendment of the agreement if this could have a qualitative and/or quantitative effect, for example, for the work or business to be carried out in that context.

3. If the Other Party is allowed to default in the proper fulfilment of what it is required to do to The User, then the Other Party is liable for any damages (including costs) on the part of The User thereby arising directly or indirectly.

1. If user agrees with the Other Party a fixed price, then User is nevertheless at any time entitled to increase that price without the Other Party being entitled in that case to terminate the contract for that reason, if the increase in the price results from a jurisdiction or obligation under the law or regulation or finds its cause in an increase in the price of raw materials , wages, etc. or on other grounds which were not reasonably foreseeable when the agreement was entered into.

2. If, other than as a result of an amendment to the agreement, the price increase exceeds 10% and takes place within three months of the conclusion of the agreement, only the Other Party invoking Title 5 Section 3 of Book 6 BW is entitled to terminate the agreement by written declaration, unless The User is then prepared to execute the agreement on the basis of the original agreement. , or if the price increase results from a power or obligation based on user under the law or if it is stipulated that the delivery will take place more than three months after the purchase.

3. The user is entitled to suspend the fulfilment of the obligations or to terminate the agreement if:

Article 4 Suspension, dissolution and interim termination of the contract

- the Other Party fails to fulfil the obligations of the Agreement, not in full or in good time,

- after the conclusion of the agreement, user circumstances have been informed of good grounds for fear that the Other Party will fail to fulfil its obligations,

- the Other Party has been requested at the time of conclusion of the agreement to provide security for the fulfilment of its obligations under the Agreement and that security is not or is insufficient,

- If the delay on the part of the Other Party can no longer require the User to comply with the agreement against the originally agreed conditions, User is entitled to terminate the agreement.

1. Furthermore, The User is entitled to terminate the agreement if circumstances arise which are such that compliance with the agreement is impossible or if circumstances arise which are such that unaltered maintenance of the agreement cannot reasonably be required of The User.

2. If the agreement is terminated, the user's claims against the Other Party are immediately full of the other party. If The User suspends the fulfilment of the obligations, he retains his claims under the law and agreement.

3. If the User proceeds to suspend or dissolution, he is not in any way required to compensate for damages and in any way incurred.

4. If the dissolution is attributable to the Other Party, the User is entitled to compensate for the damage, including the costs, thereby insecuring it directly and indirectly.

1. If the Other Party fails to fulfil its obligations arising from the agreement and justifies such non-compliance, the User is entitled to terminate the contract immediately and with direct effect without any obligation to pay any compensation or compensation, whereas the Other Party is obliged to pay damages or compensation on the waning.

2. If the agreement is terminated by User in the interim, User will, in consultation with the Other Party, ensure the transfer of work to third parties that are still to be performed. This is unless the denunciation is attributable to the Other Party. If the transfer of the work for User entails additional costs, they will be charged to the Other Party. The Other Party is required to pay these costs within the specified time limit, unless User indicates otherwise.

3. In the event of liquidation, of (application of) suspension of payment or bankruptcy, of attachment - if and to the extent that the attachment has not been lifted within three months - at the expense of the Other Party, of debt restructuring or any other circumstance which means that the Other Party can no longer freely dispose of its assets, the User is free to terminate the contract immediately and with direct effect or to cancel the order or agreement , without any obligation to pay any compensation or compensation. In that case, the user's claims against the Other Party are immediately claimed.

4. If the Other Party cancels all or part of an order placed, the items ordered or prepared for that purpose, plus any disposal and delivery costs thereof and the working time reserved for the implementation of the agreement, will be charged in full to the Other Party.

Article 5 Force majeure

1. The user is not obliged to fulfil any obligation to the Other Party if he is hindered by a circumstance which is not due to guilt and is not accounted for under law, legal act or in-circulation opinions.

2. Force majeure is understood in these terms and conditions, in addition to what is understood in law and case law, all external causes, foreseen or unseeded, over which User cannot exercise influence, but which renders the User unable to fulfil his obligations. Including strikes in the company of User or third parties. The user also has the right to invoke force majeure if the circumstance preventing (further) compliance with the agreement occurs after User had to honor his commitment.

3. User may suspend the obligations of the agreement during the period of force majeure. If this period lasts longer than two months, each of the parties shall be entitled to terminate the contract without any obligation to compensate the other party.

4. To the extent that The User has now partially fulfilled its obligations under the agreement or will be able to fulfil its obligations, and that the part to be fulfilled or fulfilled is self-employed, User is entitled to separately invoice the portion already fulfilled or fulfilled. The Other Party is required to comply with this invoice as if there were a separate agreement.

Article 6 Payment and collection costs

1. Payment must be made within 14 days of invoice date, in a manner to be indicated by User in the currency in which it is invoiced, unless otherwise indicated in writing by User. User is entitled to invoice periodically.

2. If the Other Party defaults in the timely payment of an invoice, then the Other Party is automatically in default. The Other Party then owes an interest rate of 1% per month, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the amount due will be calculated from the moment the Other Party is in default until the time of payment of the full amount due.

3. The user has the right to have the payments made by The Other Party in the first place deducted from the costs, then deducted from the interest that has been opened and finally deducted from the principal and current interest.

4. The user may, without defaulting, refuse an offer to pay if the Other Party designates a different order for the allocation of the payment. User can refuse full repayment of the principal if the open and ongoing interest and collection costs are not also paid.

5. The Other Party is never entitled to set off the debt owed to The User.

6. Objections to the amount of an invoice do not suspend the obligation to pay. Nor is the Other Party not entitled to invoke Section 6.5.3 (Articles 231 to 247 book 6 BW) is also not entitled to suspend the payment of an invoice for any other reason.

7. If the Other Party is in default in the (timely) fulfilment of its obligations, then all reasonable costs for obtaining non-legal satisfaction shall be borne by the Other Party. The extrajudicial costs are calculated on the basis of what is customary in the Dutch collection practice at that time. However, if User has incurred higher debt collection costs that were reasonably necessary, the actual costs incurred will be eligible for reimbursement. Any legal and execution costs incurred will also be coured the Other Party. The Other Party also owes interest on the collection costs due.

Article 7 Reservation of ownership

1. All matters provided by User under the agreement will remain the property of The User until the Other Party has properly fulfilled all obligations under the agreement(s) concluded with User.

2. By User delivered business, those pursuant to paragraph 1. may not be resold and may never be used as a means of payment. The Other Party is not authorized to pawn or otherwise object to the matters covered by the reservation of ownership.

3. The Other Party must always do everything that can reasonably be expected of him in order to safeguard the property rights of The User.

4. If third parties seize the property supplied under reservation of ownership or wish to establish or assert rights thereto, the Other Party is obliged to inform the User immediately.

5. The Other Party undertakes to insure and ensure the items supplied under reservation of property against fire, explosion and water damage as well as against theft and to give the policy of this insurance to User for inspection at first request. In the event of a possible payment of the insurance, User is entitled to these tokens. As much as necessary, the Other Party undertakes to the User in advance to cooperate with all that may or may be necessary in that context.

6. In case User wishes to exercise its property rights indicated in this article, the Other Party gives unconditional and non-revocable consent to User and by Designating User third parties to enter all those places where The User's property is located and take those matters back.

Article 8 Guarantees, research and advertisements, limitation period

1. The items to be delivered by User meet the usual requirements and standards that can reasonably be set at the time of delivery and for which they are intended for normal use in the Netherlands. The guarantee referred to in this Article shall apply to matters intended for use within the Netherlands. In the case of use outside the Netherlands, the Other Party must itself verify that its use is suitable for its use and comply with the conditions laid down thereof. In this case, the user may set different warranty and other conditions in terms of the business to be delivered or carried out.

1. The guarantee referred to in paragraph 1 of this Article shall apply for a period of ......... after delivery, unless the nature of the delivered results otherwise or the parties have been otherwise agreed. If the guarantee provided by the User is a in the case produced by a third party, the guarantee shall be limited to that provided by the producer of the case, unless otherwise stated.

2. Any form of guarantee shall be voided if a defect has arisen as a result of or resulting from improper or improper use thereof or use after the expiry date, improper storage or maintenance thereof by the Other Party and/or by third parties where, without the written consent of the User, the Other Party or third parties have made changes to the case or attempted to make any changes to the case, other matters which are not to be confirmed or if they have been processed or modified in a manner other than the prescribed manner. The Other Party is also not entitled to a guarantee if the defect is caused by or is the result of circumstances over which User cannot influence, including weather conditions (such as but not exclusively, extreme rainfall or temperatures) et cetera.

3. The Other Party is required to carry out the (conduct) investigations immediately at the time the cases are made available to it or the relevant work has been carried out. The Other Party should examine whether the quality and/or quantity of the delivered corresponds to what has been agreed and complies with the requirements agreed by the parties in this respect. Any visible defects must be reported in writing to User within seven days of delivery. Any defects which are not visible shall be reported in writing to The User immediately, but in any case within 14 days of their discovery. The notification should contain as detailed a description of the defect as possible, so that User is able to respond appropriately. The Other Party should allow User to investigate a complaint.

1. If the Other Party advertises in good time, this does not suspend its obligation to pay. In that case, the Other Party will also continue to purchase and pay the other items ordered.

2. If a defect is reported later, the Other Party will no longer be entitled to redress, replacement or compensation.

3. If it is established that a case is flawed and has been advertised in a timely manner, user will replace the defective case within a reasonable period of time after its return or, if return is not reasonably possible, written notification in respect of the defect by the Other Party, at the choice of User, will replace or ensure that it is repaired or, if replacement compensation is not satisfactory to the Other Party. In the case of replacement, the Other Party is required to return the replaced case to User and to provide the property to User, unless User indicates otherwise.

4. If it is established that a complaint is unfounded, the costs, including the investigation costs, are incurred on the part of the User, as a result, wholly on behalf of the Other Party.

5. After the warranty period, all costs for repair or replacement, including administration, shipping and front driving costs, will be charged to the Other Party.

6. By way of derogation from the statutory limitation periods, the limitation period for all claims and claims against The User and the third parties involved in the performance of an agreement shall be one year.

Article 9 Liability

1. If The User is liable, this liability is limited to what is regulated in this provision.

1. User is not liable for damages of any kind, arising from user being assumed by or on behalf of the Other Party to provide incorrect and/or incomplete data.

2. If User is liable for any damages, the liability of the User is limited to the maximum invoice value of the order, at least to that part of the order to which the liability relates.

3. In any case, the liability of the User is always limited to the amount of payment of his insurer, where appropriate.

4. User is only liable for direct damage.

5. Direct injury shall be understood only as the reasonable costs of determining the cause and extent of the injury, provided that the determination relates to damage within the meaning of those conditions, any reasonable costs incurred in order to ensure that the user's poor performance to comply with the contract, for so much which can be attributed to User and reasonable costs , made to prevent or limit damage, provided that the Other Party demonstrates that these costs have resulted in the reduction of direct damage as referred to in these terms and conditions.

6. User is never liable for indirect damages, including consequential damages, lost profits, missed savings and damage caused by corporate stagnation.

7. The limitations of liability contained in this article do not apply if the damage is due to the intention or gross negligence of User or his subordinates.

Article 10 Transfer of risk

1. The risk of loss, damage or impairment passes on to the Other Party at the time when matters are transferred to the Other Party into the power of the Other Party.

Article 11 Safeguard

1. The Other Party exempts User from any claims of third parties, which are injured in connection with the performance of the agreement and the cause of which is attributable to users other than.

2. If the User was to be addressed by third parties, the Other Party is required to assist the User both outside and in court and to do without delay anything that may be expected of him in that case. If the Other Party defaults in taking adequate measures, User is entitled, without default, to do so itself. All costs and damage seen on the part of The User and third parties are entirely at the expense and risk of the Other Party.

Article 12 Intellectual property

1. User reserves the rights and powers that are due to him under the Copyright Act and other intellectual laws and regulations. The user has the right to use the knowledge increased by the implementation of an agreement on his side for other purposes, provided that it does not disclose to third parties strictly confidential information of the Other Party.

Article 13 Applicable law and disputes

1. All legal relations in which User is a party shall apply only to Dutch law, even if an undertaking is carried out in whole or in part abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Convention is excluded.

2. The court in the place of residence of the User is entitled to take note of disputes in the event of exclusion, unless the law requires otherwise. Nevertheless, User has the right to present the dispute to the court competent by law.

3. The parties will first appeal to the court after they have made every effort to settle a dispute by mutual agreement.

Article 14 Location and conditions change

1. The last registered version or version as applicable at the time of the establishment of the legal relationship with The User applies.

2. The Dutch text of the terms and conditions always determines its interpretation.