General conditions
E-mail: info@vdende-finance.nl
Website: www.vdende-finance.nl
Table of contents
Article 1 - Definitions
Article 2 - Applicability
Article 3 - Prices
Article 4 - Payments and payment term
Article 5 - Consequences of late payment
Article 6 - Right of complaint
Article 7 - Warranty
Article 8 - Execution of the agreement
Article 9 - Provision of information by the Customer
Article 10 - Duration service agreement
Article 11 - Termination of service for a definite period
Article 12 - Intellectual Property
Article 13 - Secrecy
Article 14 - Penalty clause
Article 15 - Indemnification
Article 16 - Complaints
Article 17 - Notice of default
Article 18 - Liability of Customer
Article 19 - Liability of vd Ende Finance
Article 20 - Terms and conditions administration check
Article 21 - Due date
Article 22 - Dissolution
Article 23 - Force majeure
Article 24 - Amendment of agreement
Article 25 - Amendment general terms and conditions
Article 26 - Review policy
Article 27 - Transfer of Rights
Article 28 - Consequences of nullity or voidability
Article 29 - Applicable law and competent court
Article 1 - Definitions
1. vd Ende Finance: vd Ende Finance, established in 's-Gravenzande, Chamber of Commerce no. 91350476.
2. Customer: the party which vd Ende Finance has entered into an agreement with.
3. Parties: vd Ende Finance and customer together.
4. Consumer: a customer who is an individual acting for private purposes.
Article 2 - Applicability
1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of vd Ende Finance.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
Article 3 - Prices
1. All prices used by vd Ende Finance are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. vd Ende Finance is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
3. The price with regard to services is determined by vd Ende Finance on the basis of the actual working hours.
4. The price is calculated according to the usual hourly rates of vd Ende Finance, valid for the period in which he carries out the work, unless a different hourly rate has been agreed.
5. If the parties have agreed on a total price for a service provided by vd Ende Finance, this is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
6. vd Ende Finance is entitled to deviate up to 10% of the target price.
7. If the target price exceeds 10%, vd Ende Finance must let the customer know in due time why a higher price is justified.
8. If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.
9. vd Ende Finance has the right to adjust prices annually.
10. vd Ende Finance will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
11. The consumer has the right to terminate the contract with vd Ende Finance if he does not agree with the price increase.
Article 4 - Payments and payment term
1. vd Ende Finance may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
2. The customer must have paid the full amount within 14 days, after delivery.
3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without vd Ende Finance having to send the customer a reminder or to put him in default.
4. vd Ende Finance reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
Article 5 - Consequences of late payment
1. If the customer does not pay within the agreed term, vd Ende Finance is entitled to charge an interest of 2% per month for non-commercial transactions and an interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.
2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to vd Ende Finance.
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. If the customer does not pay on time, vd Ende Finance may suspend its obligations until the customer has met his payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of vd Ende Finance on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by vd Ende Finance, he is still obliged to pay the agreed price to vd Ende Finance.
Article 6 - Right of advertising
1. When the Customer is in default, vd Ende Finance may invoke the right of complaint with respect to the unpaid products delivered to the Customer.
vd Ende Finance shall exercise its right of complaint by written or electronic communication to the Customer.
3. As soon as the Customer is informed of the invoked right of complaint, the Customer shall immediately return the products concerned to vd Ende Finance, unless otherwise agreed in writing.
4. The Customer shall pay the costs for retrieving or bringing back the products in paragraph 3.
Article 7 - Warranty
1. When the Client and vd Ende Finance have entered into an agreement with a service character, it contains for vd Ende Finance only an obligation of effort and therefore no obligation of result.
2. The warranty on products applies only to defects caused by faulty manufacture or construction or faulty material.
3. The warranty does not apply:
- in the case of normal wear and tear
- for damage caused by accidents
- for damage resulting from modifications made to the product
- for damage caused by negligence or improper use by the Customer
- if the cause of the defect cannot be clearly determined
4. The risk of loss, damage or theft of the products delivered by vd Ende Finance shall pass to the Customer as soon as they are legally or actually delivered, or at least come into the control of the Customer or of a third party who takes delivery of the product for the Customer.
Article 8 - Execution of the agreement
1. vd Ende Finance executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. vd Ende Finance has the right to have the agreed services (partially) performed by third parties.
3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.
4. It is the responsibility of the customer that vd Ende Finance can start the implementation of the agreement on time.
5. If the customer has not ensured that vd Ende Finance can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.
Article 9 - Duty to inform by the customer
1. The customer shall make available to vd Ende Finance all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
3. If and insofar as the customer requests this, vd Ende Finance will return the relevant documents.
4. If the customer does not timely and properly provides the information, data or documents reasonably required by vd Ende Finance and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.
Article 10 - Duration of the service agreement
1. The agreement between vd Ende Finance and the customer is entered into for the duration of 1 years, unless it results otherwise from the nature of the agreement or if the parties have expressly agreed otherwise in writing.
2. If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the term, unless 1 of the parties terminates the contract with due observance of a notice period of 2 month(s), or if a consumer terminates the agreement with due observance of a notice period of 1 month causing the agreement to end at the end of the fixed term.
Article 11 - Termination of fixed-term service
1. The Customer may terminate an agreement for a fixed-term managed service only after 6 months.
2. After the minimum period of 6 months, the Customer can cancel the agreement in paragraph 1 with a notice period of 2 months.
3. After the expiration of the minimum term of 6 months, a consumer may cancel the agreement in paragraph 1 with a notice period of 1 month.
4. If the service agreement has been entered into for less than 6 months, the agreement cannot be terminated prematurely.
Article 12 - Intellectual property
1. vd Ende Finance retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, scale models, etc., unless parties have agreed otherwise in writing.
2. The customer may not copy or have copied the intellectual property rights without prior written permission from vd Ende Finance, nor show them to third parties and / or make them available or use them in any other way.
Article 13 - Confidentiality
1. The client keeps any information he receives (in whatever form) from vd Ende Finance confidential.
2. The same applies to all other information concerning vd Ende Finance of which he knows or can reasonably suspect that it is secret or confidential, or of which it can expect that its disclosure may cause damage to vd Ende Finance.
3. The customer takes all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2 secret.
4. The obligation of secrecy described in this article does not apply to information:
• which was already made public before the customer heard this information or which later became public without being the result of a violation of the customer's duty to confidentiality
• which is made public by the customer due to a legal obligation
5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after the end thereof.
Article 14 - Penalties
1. If the Customer violates the article on confidentiality or intellectual property, it must pay vd Ende Finance an immediately payable fine for each violation.
2. If the Customer is a consumer, the penalty in paragraph 1 is: 1,000.00 Euros.
3. If the Client is not a consumer then the penalty in paragraph 1 shall be: 5,000,- Euros.
4. In addition, the Customer must pay an amount of 5% of applicable amount in paragraph 2 or 3 for each day that such violation continues.
5. The Customer must pay the penalty in paragraph 1 without the need for a notice of default or court proceedings. There is also no need for damages.
6. vd Ende Finance may claim damages from the Customer in addition to the penalty in paragraph 1.
Article 15 - Indemnity
1. The customer indemnifies vd Ende Finance against all third-party claims that are related to the products and/or services supplied by vd Ende Finance.
Article 16 - Complaints
1. The customer must examine a product or service provided by vd Ende Finance as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform vd Ende Finance of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must inform vd Ende Finance of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that vd Ende Finance is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to vd Ende Finance being forced to perform other work than has been agreed.
Article 17 - Notice of default
1. The customer must provide any notice of default to vd Ende Finance in writing.
2. It is the responsibility of the customer that a notice of default actually reaches vd Ende Finance (in time).
Article 18 - Liability of the Customer
1. If vd Ende Finance enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to vd Ende Finance under that agreement.
Article 19 - Liability of vd Ende Finance
1. 1. vd Ende Finance is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
2. If vd Ende Finance is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
3. vd Ende Finance is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
4. If vd Ende Finance is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Article 20 - Conditions administration check-up
1. No rights can be derived from vd Ende Finance to execution of the administration check. The check is exclusively intended to be discussed between vd Ende Finance and the client.
2. The data is protected according to article 13 - duty of confidentiality. After the check any information will be removed from my systems.
3. The administration check is completely non-committal and therefore an order confirmation is not necessary.
Article 21 - Expiry period
1. Every right of the customer to compensation from vd Ende Finance shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.
Article 22 - Dissolution
1. The customer has the right to dissolve the agreement if vd Ende Finance imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfillment of the obligations by vd Ende Finance is not permanent or temporarily impossible, dissolution can only take place after vd Ende Finance is in default.
3. vd Ende Finance has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give vd Ende Finance good grounds to fear that the customer will not be able to fulfill his obligations properly.
Article 23 - Force majeure
1. 1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of vd Ende Finance in the fulfillment of any obligation to the customer cannot be attributed to vd Ende Finance in any situation independent of the will of vd Ende Finance, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from vd Ende Finance.
2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a situation of force majeure arises as a result of which vd Ende Finance cannot fulfill one or more obligations towards the customer, these obligations will be suspended until vd Ende Finance can comply with it.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. vd Ende Finance does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Article 24 - Modification of the agreement
1. If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Article 25 - Modification of general conditions
1. vd Ende Finance is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by vd Ende Finance with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Article 26 - Review Policy
1. vd Ende Finance always requests reviews from clients via email and asks for their consent to use the reviews on the website and social media. Where applicable, permission is also requested to include a link to their website or social media.
2. Reviews on the website will be shortened to four lines. No words will ever be added to the reviews, and negative remarks will be omitted. The shortening will not affect the overall impression of the review.
3. If a client later disagrees with the review or its publication, they can contact huub@vdende-finance.nl, and we will adjust or remove the review.
Article 27 - Transfer of rights
1. The customer cannot transfer its rights deferring from an agreement with vd Ende Finance to third parties without the prior written consent of vd Ende Finance.
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Article 28 - Consequences of nullity or annullability
1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what vd Ende Finance had in mind when drafting the conditions on that issue.
Article 29 - Applicable law and competent court
1. These general terms and conditions and any underlying agreement between the Customer and vd Ende Finance shall be governed by Dutch law.
2. The court in the district of vd Ende Finance's place of business shall have exclusive jurisdiction to hear any disputes between the Customer and vd Ende Finance, unless otherwise provided by law.
Retrieved September 08, 2024.