013-2032649
info@webshoptiger.com
Download free ebook

General terms and conditions Webshoptiger B.V.

Email: info@webshoptiger.com
Website: https://webshoptiger.com

 

Article  – Definitions

  1. Webshoptiger B.V.: Webshoptiger B.V., located in Oisterwijk, Chamber of Commerce number 84754575.

  2. Customer: the person with whom Webshoptiger B.V. an agreement has been entered into.

  3. Parties: Webshoptiger B.V. and Customer together.

  4. Consumer: a Customer who is also an individual and who acts as a private person.

Article  – Applicability 

  1. These conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Webshoptiger B.V.

  2. Webshoptiger B.V. and the Customer can only deviate from these conditions if this has been agreed in writing.

  3. Webshoptiger B.V. and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or others.

 Article  - Prices

  1. Webshoptiger B.V. uses prices in euros, excluding VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.

  2. Webshoptiger B.V. may always change the prices of its services and products on its website and in other communications.

  3. Webshoptiger B.V. and the Customer agree on a total amount as a target price for a service, unless otherwise agreed in writing.

  4. Webshoptiger B.V. may deviate from the target price by up to 10%.

  5. Webshoptiger B.V. The Customer must inform in time why a higher price is justified if the target price is more than 10% higher.

  6. The Customer may cancel the part of the order that exceeds the target price (plus 10%) if the target price is more than 10% higher.

  7. Webshoptiger B.V. may adjust prices annually.

  8. Webshoptiger B.V. will communicate price adjustments to the Customer prior to their taking effect.

  9. A consumer may terminate the agreement with Webshoptiger B.V. cancel if he does not agree with the price increase.

Article  – Payments and payment term

  1. Webshoptiger B.V. may require a down payment of up to 50% of the agreed amount upon entering into the agreement.

  2. The Customer must make a subsequent payment within 14 days after delivery.

  3. The payment terms that Webshoptiger B.V. applies are strict payment terms. This means that if the Customer has not paid the agreed amount no later than the last day of the payment term, he is automatically in default, without Webshoptiger B.V. need to send a reminder or give notice of default to the Customer.

  4. Webshoptiger B.V. may make a delivery subject to immediate payment or require security for the total amount of the services or products.

Article  – Consequences of late payment 

  1. If the Customer does not pay within the agreed period, Webshoptiger B.V. may charge the statutory interest of 8% per month for commercial transactions from the day the Customer is in default, whereby part of a month is counted as a whole month.

  2. If the Customer is in default, he must also pay extrajudicial collection costs and any damages to Webshoptiger B.V.

  3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.

  4. If the Customer does not pay on time, Webshoptiger B.V. may suspend its obligations until the Customer has paid.

  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the Customer, the claims of Webshoptiger B.V. immediately due and payable by the Customer.

  6. If the Customer refuses to cooperate with the execution of the agreement by Webshoptiger B.V., he must still pay the agreed price.

Article  – Right of suspension

  1. The Customer hereby waives the right to suspend the fulfillment of any obligation arising from this agreement.

Article  – Settlement

  1. The Customer waives his right to owe a debt to Webshoptiger B.V. to be offset against a claim against Webshoptiger B.V..

Article  - Insurance

  1. The Customer must adequately insure the following items and keep them insured against, among other things, fire, explosion and water damage, and theft:

    • delivered goods that are necessary for the execution of the underlying agreement

    • matters from Webshoptiger B.V. that are present at the Customer

    • items delivered under retention of title

  1. At the first request of Webshoptiger B.V., the Customer provides the policy of these insurances is available for inspection.

Article  - Guarantee

  1. When the Customer and Webshoptiger B.V. have entered into an agreement of a service nature, this includes for Webshoptiger B.V. only an obligation of efforts and therefore no obligation of result.

Article  - Execution of the agreement

  1. Webshoptiger B.V. executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

  2. Webshoptiger B.V. may have the agreed services performed in whole or in part by others.

  3. The agreement is executed in consultation and after written agreement and payment of any advance by the Customer.

  4. The Customer must ensure that Webshoptiger B.V. can start the execution of the agreement on time.

  5. The Customer does not ensure that Webshoptiger B.V. can start on time, then the resulting additional costs will be borne by the Customer.

Article  - Information provision by the Customer 

  1. The Customer makes all information, data and documents that are relevant for the correct execution of the agreement available to Webshoptiger B.V. in a timely manner and in the desired form and manner.

  2. The Customer guarantees the accuracy and completeness of the information, data and documents made available, even if they originate from third parties, unless otherwise dictated by the nature of the agreement.

  3. When and to the extent that the Customer requests this, Webshoptiger B.V. will return. the relevant documents.

  4. If the Customer does not provide the information required by Webshoptiger B.V., or does not do so in a timely manner or properly, information, data or documents reasonably required are available and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the Customer.

Article  - Duration agreement service 

  1. The agreement between Webshoptiger B.V. and the Customer regarding a service or services is entered into for an indefinite period, unless the nature of the agreement dictates otherwise or otherwise is agreed.

  2. If the Customer enters into an agreement for a fixed period, it will be tacitly converted into an agreement for an indefinite period after the term has expired, unless one of the parties terminates the agreement with due observance of a notice period of 1 months, or a consumer terminates the agreement. subject to a notice period of 2 month, which automatically ends the agreement.

Article  – Cancellation of service for an indefinite period

  1. The Customer can cancel an agreement for a service for an indefinite period with a notice period of 2 months.

  2. A consumer may terminate an agreement for a service for an indefinite period with a notice period of 1 month.

Article  - confidentiality

  1. The Customer keeps all information, in whatever form, that he receives from Webshoptiger B.V. receives secret.

  2. The same applies to all other information regarding Webshoptiger B.V. which the Customer knows or can reasonably suspect to be secret or confidential, or which he can expect to be distributed by Webshoptiger B.V. could cause damage.

  3. The Customer will take all necessary measures to ensure that it keeps the information in paragraphs 1 and 2 confidential.

  4. The duty of confidentiality described in this article does not apply to information:

    • which was already public before the Customer learned this information or which subsequently became public without this being the result of a violation of the Customer's confidentiality obligation

    • that is made public by the Customer on the basis of 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 its expiry.

Article  - penalty clause

  1. If the Customer violates the article on confidentiality or intellectual property, he must notify Webshoptiger B.V. pay an immediately payable fine for each violation.

  2. If the Customer is a consumer, the fine in paragraph 1 is € 1.000.

  3. If the Customer is not a consumer, the fine in paragraph 1 is €5.000

  4. In addition, Customer must pay an amount equal to 5% of the applicable amount in paragraph 2 or 3 for each day that such violation continues.

  5. The Customer must pay the fine in paragraph 1 without the need for notice of default or legal proceedings. There also does not have to be any damage.

  6. Webshoptiger B.V. In addition to the fine in paragraph 1, may also demand compensation from the Customer.

Article  – Indemnification

  1. The Customer indemnifies Webshoptiger B.V. against all claims from others related to the claims made by Webshoptiger B.V. products and/or services supplied.

Article  - Complaints

  1. The Customer must obtain a certificate from Webshoptiger B.V. examine the delivered product or service as quickly as possible for any shortcomings.

  2. If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must contact Webshoptiger B.V. within 1 month after discovering the shortcoming.

  3. A consumer must notify Webshoptiger B.V. within 2 months of discovering the shortcoming. inform you of this.

  4. The Customer provides as detailed a description as possible of the shortcoming, so that Webshoptiger B.V. can respond appropriately.

  5. The Customer must demonstrate that the complaint relates to an agreement between the Customer and Webshoptiger B.V..

  6. If a complaint concerns ongoing work, the Customer cannot demand that Webshoptiger B.V. will perform other work than agreed.

Article  - Notice of default

  1. The Customer must notify Webshoptiger B.V. of any notice of default in writing.

  2. The Customer is responsible for ensuring that his notice of default at Webshoptiger B.V. actually reached on time.

Article  – Customer liability

  1. When Webshoptiger B.V. enters into an agreement with multiple Customers, each of them is jointly and severally liable for complying with the agreements in that agreement.

Article  - Liability Webshoptiger BV

  1. Webshoptiger B.V. is only liable for damage suffered by the Customer if that damage is caused by intent or deliberate recklessness on the part of Webshoptiger B.V.

  2. When Webshoptiger B.V. is liable for damage, this only applies to direct damage related to the execution of an underlying agreement.

  3. Webshoptiger B.V. is not liable for indirect damage, such as consequential damage, lost profits or damage to third parties.

  4. When Webshoptiger B.V. is liable, this liability is limited to the amount paid out by a (professional) liability insurance policy. If no insurance has been taken out or no damage amount is paid out, liability is limited to (part of the) invoice amount to which the liability relates.

  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are indicative only and cannot lead to any compensation, dissolution or suspension.

  6. Webshoptiger B.V. has compiled the content of the Website with the utmost care. However, all substantive information on the Website relating to the Users themselves, Assignments, references, quotations comes from the Users. These Users are solely responsible for the accuracy and completeness of this information. Webshoptiger B.V. bears no responsibility for the content of Assignments, quotations, references, etc., nor for any other communication between Users. Nor does Webshoptiger B.V. responsibility for the fulfillment of their obligations by Clients and Freelancers, including the fulfillment of any payment obligation and the correct execution of the work to be performed.

  7. Webshoptiger B.V. offers the information it places on the Website, to the extent applicable law permits, on an “as is” basis, excluding any express or implied warranties, undertakings or indemnities of any kind, including (but not limited to) the exclusion of guarantees with regard to justice to (property) rights, sufficient quality, suitability for a particular purpose and non-infringement of property rights or rights of third parties. In particular, Webshoptiger B.V. guarantees not: - that the information on the Website is correct, complete, appropriate, current and not unlawful
    – that the Website will operate uninterruptedly, will be free of viruses, Trojans and other errors and/or defects, and that any defects will be remedied; and
    – that third parties do not use the Website and/or the systems of Webshoptiger B.V. will use unlawfully.
  8. Webshoptiger B.V. is entitled to (temporarily) put the Website out of use or limit it if, for example, this is necessary to maintain or adjust the Website, without this giving rise to any right to compensation against Webshoptiger B.V. arises.

Article  – Expiry period

  1. Any right of the Customer to compensation from Webshoptiger B.V. expires 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Article  – Dissolution

  1. The Customer may cancel the agreement when Webshoptiger B.V. culpably fails to fulfill its obligations, unless this shortcoming does not justify dissolution due to its special nature or minor significance.

  2. Is the fulfillment of the obligations by Webshoptiger B.V. still possible, dissolution can only take place after Webshoptiger B.V. is in default.

  3. Webshoptiger B.V. may cancel the agreement with the Customer if the Customer does not fully or timely fulfill his obligations under the agreement, or if Webshoptiger B.V. has become aware of circumstances that give him good grounds to assume that the Customer will not fulfill his obligations.

Article  - Force majeur

  1. In addition to Article 6:75 of the Dutch Civil Code, a shortcoming on the part of Webshoptiger B.V. by the Customer not to Webshoptiger B.V. can be attributed when there is force majeure.

  2. The force majeure situation in paragraph 1 also includes:
    – a state of emergency such as a civil war or natural disaster
    – breach of contract or force majeure of suppliers, deliverers or others
    – power, electricity, internet, computer or telecom disruptions
    – computer viruses
    – strikes
    – government measures
    – transport problems
    - bad weather conditions
    – work stoppages

  3. When a force majeure situation occurs that causes Webshoptiger B.V. cannot fulfill 1 or more obligations to the Customer, those obligations will be suspended until Webshoptiger B.V. can fulfill.

  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both the Customer and Webshoptiger B.V. may cancel the agreement in writing in whole or in part.

  5. Webshoptiger B.V. does not have to pay compensation to the Customer in a force majeure situation, even when Webshoptiger B.V. benefits from this.

Article  - Change of agreement 

  1. If it is necessary to change a concluded agreement for its implementation, the Customer and Webshoptiger B.V. adjust the agreement.

Article  – Change of general terms and conditions

  1. Webshoptiger B.V. may change these general terms and conditions.

  2. Webshoptiger B.V. may make minor changes. always implement.

  3. Major changes will be made by Webshoptiger B.V. discuss this with the Customer in advance as much as possible.

  4. A consumer may terminate the underlying agreement in the event of a major change to the general terms and conditions.

Article  – Transfer of rights

  1. The Customer cannot have any rights under an agreement with Webshoptiger B.V. transfer to others without written permission from Webshoptiger B.V.

  2. This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 of the Dutch Civil Code.

Article  – Consequences of nullity or voidability

  1. If 1 or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.

  2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Webshoptiger B.V. had in mind on that point when drawing up the conditions.

Article  – Applicable law and competent court

  1. These general terms and conditions and any underlying agreement between the Customer and Webshoptiger B.V. Dutch law applies.

  2. The judge in the district of the place of business of Webshoptiger B.V. is exclusively authorized to hear any disputes between the Customer and Webshoptiger B.V., unless the law provides otherwise.

Prepared on September 27, 2023.