Terms and Conditions

Definitions

  1. KreteMarres BV: KreteMarres BV, established in The Hague under Chamber of Commerce no. NL818606666B01.

  2. Customer: the person with whom KreteMarres BV has entered into an agreement.

  3. Parties: KreteMarres BV and customer together.

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

Applicability of general terms and conditions

  1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of KreteMarres BV.

  2. Parties can only deviate from these terms and conditions if they have explicitly agreed to do so in writing.

  3. The parties explicitly exclude the applicability of additional and / or deviating general terms and conditions of the customer or third parties.

Prices

  1. All prices that KreteMarres BV uses are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs , levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise .

  2. All prices that KreteMarres BV uses for its products or services, on its website or that are otherwise made known, KreteMarres BV can change at any time.

  3. Increases in the cost prices of products or parts thereof, which KreteMarres BV could not foresee at the time of making the offer and / or the conclusion of the agreement, may give rise to price increases.

  4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

  5. The price with regard to a service is determined by KreteMarres BV on the basis of the hours actually spent.

  6. The price is calculated according to the usual hourly rates of KreteMarres BV, valid for the period in which he performs the work, unless a different hourly rate has been agreed.

  7. If the parties have agreed on a total amount for a service by KreteMarres BV, this is always a target price, unless the parties have explicitly agreed in writing on a fixed price, from which it cannot be deviated .

  8. KreteMarres BV is entitled to deviate up to 10% of the target price.

  9. If the target price is more than 10% higher, KreteMarres BV must inform the customer in good time why a higher price is justified.

  10. If the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price plus 10%.

  11. KreteMarres BV has the right to adjust prices annually.

  12. Prior to its entry into effect, KreteMarres BV will communicate price adjustments to the customer.

  13. The consumer has the right to cancel the agreement with KreteMarres BV if he does not agree with the price increase.

Payments and payment term

  1. KreteMarres BV may require a down payment of up to 50% of the agreed amount when entering into the agreement .

  2. The customer must have made payments afterwards within 7 days after delivery of the product.

  3. Payment terms are considered to be 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 in default by operation of law and is in default, without KreteMarres BV having to send the customer a reminder or declare it in default .

  4. KreteMarres BV reserves the right to make a delivery dependent on immediate payment or to demand security for the total amount of the services or products.

Consequences not paying on time

  1. If the customer does not pay within the agreed term, KreteMarres BV is entitled to charge an interest of 1% per month from the day that the customer is in default, whereby part of a month is counted as a whole month.

  2. If the customer is in default, he will also owe extrajudicial collection costs and any compensation to KreteMarres BV.

  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, KreteMarres BV may suspend its obligations until the customer has fulfilled his payment obligation.

  5. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of KreteMarres BV on the customer are immediately due and payable.

  6. If the customer refuses to cooperate with the execution of the agreement by KreteMarres BV, he is still obliged to pay the agreed price to KreteMarres BV.

Right of Complaint

  1. As soon as the customer is in default, KreteMarres BV is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.

  2. KreteMarres BV invokes the right of complaint by means of a written or electronic notification.

  3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to KreteMarres BV, unless the parties make other agreements about this.

  4. The costs for returning or returning the products are for the account of the customer.

Right of withdrawal

1. A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, on the condition that:

  • the product has not been used

  • it is not a product that can spoil quickly, such as food or flowers

  • it is not a product that has been specially tailored or adapted for the consumer

  • it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)

  • the seal is still intact if it concerns data carriers with digital content (DVDs, CDs, etc.)

  • the product is not a trip, transport ticket, catering order or form of leisure activity

  • the product is not a separate magazine or newspaper

  • it does not concern an (order for) urgent repair

  • the consumer has not waived his right of withdrawal

 

2. The reflection period of 14 days as referred to in paragraph 1 commences:

  • on the day after the consumer has received the last product or part of 1 order

  • as soon as the consumer has received the first product in a subscription

  • as soon as the consumer has purchased a service for the first time

  • as soon as the consumer has confirmed that he will purchase digital content via the internet

 

3. The consumer can make his appeal to the right of withdrawal known via rhmkrete@me.com, if desired using the withdrawal form that can be downloaded from the KreteMarres BV website, www.veiligheidvanbinnenuit.nl .

4. The consumer is obliged to return the product to KreteMarres BV within 14 days after making known his right of withdrawal , failing which his right of withdrawal will lapse.

5. The costs for returning will only be borne by KreteMarres BV if the entire order is returned.

6. If the purchase costs and any other costs (such as shipping and return costs) qualify for reimbursement by law , KreteMarres BV will refund these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, on condition that the consumer has returned the product to KreteMarres BV on time.

 

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.

Right of retention

  1. KreteMarres BV can invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices with regard to KreteMarres BV, unless the customer has provided sufficient security for those costs.

  2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to KreteMarres BV.

  3. KreteMarres BV is never liable for any damage that the customer may possibly suffer as a result of making use of his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt to KreteMarres BV against a claim on KreteMarres BV.

Retention of title

  1. KreteMarres BV remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards KreteMarres BV on the basis of any agreement concluded with KreteMarres BV , including claims regarding failure to perform.

  2. Until then, KreteMarres BV can invoke its retention of title and take back the goods.

  3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.

  4. If KreteMarres BV invokes its retention of title, the agreement will be deemed dissolved and KreteMarres BV has the right to claim compensation, lost profit and interest.

Delivery

  1. Delivery takes place while stocks last.

  2. Delivery takes place at KreteMarres BV, unless the parties have agreed otherwise.

  3. Delivery of products ordered online takes place at the address indicated by the customer.

  4. If the agreed amounts are not paid or not paid on time, KreteMarres BV has the right to suspend its obligations until the agreed part has yet been paid.

  5. In case of late payment, there is a default of creditors, with the result that the customer cannot object to a late delivery against KreteMarres BV.

Delivery time

  1. The delivery times stated by KreteMarres BV are indicative and do not entitle the customer to dissolution or compensation if they are exceeded , unless the parties have explicitly agreed otherwise in writing.

  2. The delivery time commences when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation from KreteMarres BV.

  3. Exceeding the stated delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless KreteMarres BV cannot deliver within 14 days after being reminded in writing or the parties have agreed otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time.

Transportation costs

Transport costs are at the expense of the customer, unless the parties have agreed otherwise.

Packaging and shipping

  1. If the packaging of a delivered product is opened or damaged, the customer must, before taking receipt of the product , have a note drawn up by the forwarder or delivery person, failing which KreteMarres BV cannot be held liable for any damage.

  2. If the customer himself arranges for the transport of a product, he must report any visible damage to products or the packaging to KreteMarres BV prior to transport, failing which KreteMarres BV cannot be held liable for any damage.

Insurance

1. The customer undertakes to adequately insure the following items and to keep them insured against, among other things, fire, explosion and water damage as well as theft:

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

  • items of KreteMarres BV that are present at the customer

  • items delivered under retention of title

2. The customer will provide the policy of these insurances for inspection at the first request of KreteMarres BV.

Retention

  1. If the customer does not purchase the ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.

  2. Any additional costs as a result of premature or late purchase of products are entirely at the expense of the customer.

Guarantee

  1. When the parties have entered into an agreement of a service nature, this only contains best efforts obligations for KreteMarres BV, not obligations of results.

  2. The warranty with regard to products applies only to defects caused by faulty manufacture, construction or material.

  3. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.

  4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when they are legally and / or actually delivered, or at least come under the control of the customer or of a third party who receives the product on behalf of the customer

Exchange

1. Exchange is only possible if the following conditions are met:

  • exchange takes place within 10 days after purchase against presentation of the original invoice

  • the product is returned in the original packaging or with the original (price) tags still attached

  • the product has not yet been used

2. Discounted items, non-perishable items such as food, custom-made items or items specially adapted for the customer cannot be exchanged.

Execution of the agreement

  1. KreteMarres BV will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

  2. KreteMarres BV has the right to have the agreed services (partially) performed by third parties.

  3. The implementation of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.

  4. It is the responsibility of the customer that KreteMarres BV can start implementing the agreement on time.

  5. If the customer has not ensured that KreteMarres BV can start the execution of the agreement on time, the resulting additional costs and / or extra hours will be borne by the customer.

Information provision by the customer

  1. The customer makes all information, data and documents relevant for the correct execution of the agreement available to KreteMarres BV in a timely manner and in the desired form and in the desired manner.

  2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if these originate from third parties, insofar as the nature of the agreement does not dictate otherwise.

  3. If and insofar as the customer requests this, KreteMarres BV will return the relevant documents.

  4. If the customer does not, not timely or not properly provide the information, data or documents reasonably required by KreteMarres BV and the execution of the agreement is delayed as a result, the resulting extra costs and extra hours will be borne by the customer.

Duration of the agreement

  1. The agreement between KreteMarres BV and the customer is entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or the parties have explicitly agreed otherwise in writing.

  2. If an agreement has been entered into for a definite period, it will be tacitly converted into an agreement for an indefinite period after the expiry of the period , unless 1 of the parties terminates the agreement with due observance of a notice period of months, or a consumer cancels the agreement with due observance. of a notice period of 1 month, the agreement will end by operation of law.

  3. If the parties have agreed on a term for the completion of certain work within the term of the agreement , this is never a strict deadline. If this term is exceeded, the customer must give KreteMarres BV written notice of default.

Termination of the contract for an indefinite period

  1. The customer can terminate an agreement that has been entered into for an indefinite period at any time with due observance of a notice period of 2 months.

  2. A consumer has the right to terminate an agreement for an indefinite period with due observance of a notice period of 1 month.

Intellectual property

  1. KreteMarres BV retains all intellectual property rights (including copyright, patent law, trademark law, drawings and models right, etc.) on all designs, drawings, writings, carriers with data or other information, offers, images, sketches, models, models, etc. , unless the parties have agreed otherwise in writing .

  2. The customer may not copy the said intellectual property rights or have them copied, show them to third parties and / or make them available or use them in any other way without prior written permission from KreteMarres BV.

Confidentiality

  1. The customer keeps secret any information he receives (in whatever form) from KreteMarres BV.

  2. The same applies to all other information concerning KreteMarres BV of which it knows or can reasonably suspect that it is secret or confidential, or of which it can expect that its dissemination could cause damage to KreteMarres BV.

  3. The customer takes all necessary measures to ensure that he also keeps the information referred to in paragraphs 1 and 2 secret .

  4. The duty of confidentiality described in this article does not apply to information: (1) that was already public before the customer learned of this information or that later became public without this being the result of a breach of the customer's confidentiality obligation , (2) that is made public by the customer on the basis of a legal obligation

  5. The duty of confidentiality described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiry.

Penalty clause

  1. If the other party violates the article of these general terms and conditions on confidentiality or on intellectual property, he will forfeit an immediately due and payable fine for each violation on behalf of trade name .

  2. If the other party is a consumer, this fine will be € 1,000

  3. If the other party is a legal entity, this fine is € 5,000

  4. In addition, the other party forfeits an amount of 5% of the amount referred to in paragraph 1 for each day that the violation continues.

  5. No prior notice of default or legal proceedings are required for forfeiting this fine. Nor does there need to be any form of damage.

  6. The forfeiture of the fine referred to in the first paragraph of this article does not affect the other rights of KreteMarres BV, including its right to claim compensation in addition to the fine.

Disclaimer

The customer indemnifies KreteMarres BV against all claims from third parties related to the products and / or services supplied by KreteMarres BV.

Complaints

  1. The customer must examine a product or service provided by KreteMarres BV as soon as possible for any 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 KreteMarres BV of this as soon as possible, but in any case within 1 month after discovery of the shortcomings.

  3. Consumers must inform KreteMarres BV of this within 2 months after discovery of the shortcomings .

  4. The customer provides a description of the shortcoming that is as detailed as possible, so that KreteMarres BV 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 cannot in any case lead to KreteMarres BV being obliged to perform other work than agreed.

Notice of default

  1. The customer must notify KreteMarres BV in writing of any notice of default.

  2. It is the responsibility of the customer that a notice of default actually reaches KreteMarres BV (on time) .

Joint and several liability of the customer

If KreteMarres BV enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts that they owe to KreteMarres BV on the basis of that agreement.

Liability of KreteMarres BV

  1. KreteMarres BV is only liable for any damage that the customer suffers if and insofar as this damage is caused by intent or deliberate recklessness.

  2. If KreteMarres BV is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.

  3. KreteMarres BV is never liable for indirect damage, such as consequential damage, loss of profit, lost savings or damage to third parties.

  4. If KreteMarres BV is liable, this liability is limited to the amount that is paid out by a concluded (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount on 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 compensation and / or (partial) dissolution of the agreement and / or suspension of any obligation.

Expiration period

Any right of the customer to compensation from KreteMarres BV will in any case lapse 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.

Right to cancel

  1. The customer has the right to dissolve the agreement if KreteMarres BV imputably fails to fulfill its obligations, unless this shortcoming does not justify the dissolution in view of its special nature or minor significance .

  2. If the fulfillment of the obligations by KreteMarres BV is not permanently or temporarily impossible, dissolution can only take place after KreteMarres BV is in default.

  3. KreteMarres BV has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if KreteMarres BV has taken cognizance of circumstances that give him good grounds to fear that the customer fulfills his obligations will not be able to perform properly .

Force of the majority

  1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of KreteMarres BV in the fulfillment of any obligation towards the customer cannot be attributed to KreteMarres BV in a situation independent of the will of KreteMarres BV, as a result of which the fulfillment of his obligations towards the customer is wholly or partially prevented or as a result of which fulfillment of his obligations cannot reasonably be expected of KreteMarres BV.

  2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to -: a state of emergency (such as civil war, uprising, riots, natural disasters, etc.); defaults and force majeure on the part of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather and work stoppages.

  3. If a force majeure situation occurs as a result of which KreteMarres BV is unable to fulfill 1 or more obligations towards the customer , then those obligations will be suspended until KreteMarres BV can meet them again.

  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. KreteMarres BV does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantage as a result of the force majeure situation.

Amendments to the agreement

If, after the conclusion of the agreement for its implementation, it appears necessary to change its content

or supplement, the parties will adjust the agreement accordingly in good time and in mutual consultation.

Changes to general terms and conditions

  1. KreteMarres BV is entitled to amend or supplement these general terms and conditions.

  2. Changes of minor importance can be made at any time.

  3. KreteMarres BV will discuss major substantive changes with the customer as much as possible in advance.

  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions .

Transfer of Rights

  1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of KreteMarres BV.

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

Consequences of nullity or voidability

  1. If one or more provisions of these general terms and conditions turn out to be invalid 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 KreteMarres BV had in mind when drawing up the conditions on that point.

Applicable law and competent court

  1. Dutch law is exclusively applicable to every agreement between the parties.

  2. The Dutch court in the district where KreteMarres BV is established / maintains a practice / maintains its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise .

Prepared on July 7, 2020.

© 2020 Rob Kreté, Safety from Within | Illustrations Tom van Dun, infocomics.nl