GENERAL TERMS AND CONDITIONS Rensblom.nl
Definitions
- Rensblom.nl: V.O.F. Rensblom.nl, established in Sittard, Chamber of
Commerce no. 78552958.
- Customer: the person with whom Rensblom.nl has entered into an
agreement.
- Parties: Rensblom.nl and customer together.
- Consumer: a customer who is an individual acting for private purposes.
Applicability
- These terms and conditions will apply to all quotations, offers,
activities, orders, agreements and deliveries of services or products
by or on behalf of Rensblom.nl.
- Parties can only deviate from these conditions if they have explicitly
agreed upon in writing.
- The parties expressly exclude the applicability of supplementary and/or
deviating general terms and conditions of the customer or of third
parties.
Offers and quotations
- Offers and quotations from Rensblom.nl are without engagement, unless
expressly stated otherwise.
- An offer or quotation is valid for a maximum period of 1 month from its
date, unless another acceptance period is stated in the offer or
quotation.
- If the customer does not accept an offer or quotation within the
applicable time frame, the offer or quotation will lapse.
- Offers and quotations do not apply to repeated orders, unless the
parties have agreed upon this explicitly and in writing.
Acceptance
- Upon acceptance of a quotation or offer without engagement, Rensblom.nl
reserves the right to withdraw the quotation or offer within 3 days
after receipt of the acceptance, without any obligations towards the
customer.
- Verbal acceptance of the customer only commits Rensblom.nl after the
customer has confirmed this in writing (or electronically).
Prices
- All prices used by Rensblom.nl are in euros, are exclusive 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.
- Rensblom.nl is entitled to adjust all prices for its products or
services, shown in its shop, on its website or otherwise, at any time.
- Increases in the cost prices of products or parts thereof, which
Rensblom.nl could not foresee at the time of making an offer or the
conclusion of the agreement, may give rise to price increases.
- The consumer has the right to terminate an agreement as a result of a
price increase as referred to in paragraph 3, unless the increase is
the result of statutory regulation.
- The price with regard to services is determined by Rensblom.nl on the
basis of the actual working hours.
- The price is calculated according to the usual hourly rates of
Rensblom.nl, valid for the period in which he carries out the work,
unless a different hourly rate has been agreed.
- If the parties have agreed on a total amount for a service provided by
Rensblom.nl, this is always a target price, unless the parties have
explicitly agreed upon in writing on a fixed price, which can not be
deviated from.
- Rensblom.nl is entitled to deviate up to 10% of the target price.
- If the target price exceeds 10%, Rensblom.nl must let the customer know
in due time why a higher price is justified.
- 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%.
- Rensblom.nl has the right to adjust prices annually.
- Rensblom.nl will communicate price adjustments to the customer prior to
the moment the price increase becomes effective.
- The consumer has the right to terminate the contract with Rensblom.nl
if he does not agree with the price increase.
Payments and payment term
- Rensblom.nl may, at the conclusion of the agreement, require a down
payment of up to 50% of the agreed amount.
- The customer must have paid the full amount within 7 days after
delivery of the product.
- 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 Rensblom.nl
having to send the customer a reminder or to put him in default.
- Rensblom.nl 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.
Payments and payment term – Store
Products are immediately paid for in the store.
Consequences of late payment
- If the customer does not pay within the agreed term, Rensblom.nl is
entitled to charge an interest of 1% per month from the day the
customer is in default, whereby a part of a month is counted for a
whole month.
- When the customer is in default, he is also due to extrajudicial
collection costs and may be obliged to pay any compensation to
Rensblom.nl.
- The collection costs are calculated on the basis of the Reimbursement
for extrajudicial collection costs.
- If the customer does not pay on time, Rensblom.nl may suspend its
obligations until the customer has met his payment obligation.
- In the event of liquidation, bankruptcy, attachment or suspension of
payment on behalf of the customer, the claims of Rensblom.nl on the
customer are immediately due and payable.
- If the customer refuses to cooperate with the performance of the
agreement by Rensblom.nl, he is still obliged to pay the agreed price
to Rensblom.nl.
Right of recovery of goods
- As soon as the customer is in default, Rensblom.nl is entitled to
invoke the right of recovery with regard to the unpaid products
delivered to the customer.
- Rensblom.nl invokes the right of recovery by means of a written or
electronic announcement.
- As soon as the customer has been informed of the claimed right of
recovery, the customer must immediately return the products concerned
to Rensblom.nl, unless the parties agree to make other arrangements
about this.
- The costs for the collection or return of the products are at the
expense of the customer.
Right of cancellation
- A consumer may cancel an online purchase during a cooling-off period of
14 days without giving any reason, provided that
- the product has not been used
- it is not a product that can spoil quickly, like food or flowers
- the product is not specially tailored for the consumer or adapted to
its special needs
- it is not a product that may not be returned for hygienic reasons
(underwear, swimwear, etc.)
- the seal is still intact, when the product is a data carrier with
digital content (DVDs, CDs, etc.)
- the product is not a (holiday)trip, a transportation ticket, a catering
order or a form of leisure activity,
- the product is not a separate magazine or a loose newspaper
- the purchase does not concern an (assignment to) urgent repair
- the consumer has not renounced his right of cancellation
- 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 the product of a
subscription
- as soon as the consumer has purchased a service for the first time
- as soon as the consumer has confirmed the purchase of digital content
via the internet
- The consumer can notify his right of cancellation via info@essx.eu, if
desired by using the withdrawal form that can be downloaded via the website
of Rensblom.nl, essx.eu.
- The consumer is obliged to return the product to Rensblom.nl within 14 days
after the notification of his right of cancellation, after which period his
right of cancellation will lapse.
- The costs for return are due Rensblom.nl if the complete order is returned.
- If the purchase costs and any other costs (such as shipping and return
costs) are eligible for reimbursement according to the law, Rensblom.nl
will refund these costs to the consumer within 14 days of receipt of the
timely appeal to the right of withdrawal, provided that the consumer has
returned the product to Rensblom.nl in time.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation
arising from this agreement.
Right of retention
- Rensblom.nl can appeal to his right of retention of title and in that
case retain the products sold by Rensblom.nl to the customer until the
customer has paid all outstanding invoices with regard to Rensblom.nl,
unless the customer has provided sufficient security for these
payments.
- The right of retention of title also applies on the basis of previous
agreements from which the customer still owes payments to Rensblom.nl.
- Rensblom.nl is never liable for any damage that the customer may suffer
as a result of using his right of retention of title.
Settlement
The customer waives his right to settle any debt to Rensblom.nl with any
claim on Rensblom.nl.
Retention of title
- Rensblom.nl remains the owner of all delivered products until the
customer has fully complied with all its payment obligations with
regard to Rensblom.nl under whatever agreement with Rensblom.nl
including of claims regarding the shortcomings in the performance.
- Until then, Rensblom.nl can invoke its retention of title and take back
the goods.
- Before the property is transferred to the customer, the customer may
not pledge, sell, dispose of or otherwise encumber the products.
- If Rensblom.nl invokes its retention of title, the agreement will be
dissolved and Rensblom.nl has the right to claim compensation, lost
profits and interest.
Delivery
- Delivery takes place while stocks last.
- Delivery takes place at Rensblom.nl unless the parties have agreed upon
otherwise.
- Delivery of products ordered online takes place at the address
indicated by the customer.
- If the agreed price is not paid on time, Rensblom.nl has the right to
suspend its obligations until the agreed price is fully paid.
- In the event of late payment, the customer is automatically in default,
and hereby he can not object to late delivery by Rensblom.nl.
Delivery period
- Any delivery period specified by Rensblom.nl is indicative and does not
give the customer the right to dissolution or compensation if this
period is not met with, unless the parties have expressly agreed
otherwise in writing.
- The delivery period starts after the customer has signed the agreement
to Rensblom.nl and is confirmed in writing or electronically by
Rensblom.nl to the customer.
- Exceeding the specified delivery period does not entitle the customer
to compensation or the right to terminate the contract, unless
Rensblom.nl cannot deliver within [number of days late] or if the
parties have agreed upon otherwise.
Actual delivery
The customer must ensure that the actual delivery of the products ordered
by him can take place in time.
Transport costs
Transport costs are on behalf of the customer, unless the parties have
agreed upon otherwise.
Packaging and shipping
- If the package of a delivered product is opened or damaged, the
customer must have a note drawn up by the forwarder or delivery person
before receiving the product. In the absence of which Rensblom.nl may
not be held liable for any damage.
- If the customer himself takes care of the transport of a product, he
must report any visible damage to products or the packaging prior to
the transport to Rensblom.nl, failing which Rensblom.nl cannot be held
liable for any damage.
Insurance
- The customer undertakes to insure and keep insured the following items
adequately against fire, explosion and water damage as well as theft:
- goods delivered that are necessary for the execution of the underlying
agreement
- goods being property of Rensblom.nl that are present at the premises of
the customer
- goods that have been delivered under retention of title
- At the first request of Rensblom.nl, the customer provides the policy for
these insurances for inspection.
Storage
- If the customer orders products later than the agreed delivery date,
the risk of any quality loss is entirely for the customer.
- Any extra costs as a result of premature or late purchase of products
are entirely at the customer’s expense.
Guarantee
- When parties have entered into an agreement with services included,
these services only contain best-effort obligations for Rensblom.nl,
not obligations of results.
- The warranty relating to products only applies to defects caused by
faulty manufacture, construction or material.
- 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, or when the cause of the
defect can not clearly be established.
- The risk of loss, damage or theft of the products that are the subject
of an agreement between the parties, will pass on to the customer when
these products are legally and/or factually delivered, at least are in
the power of the customer or of a third party who receives the product
for the benefit of the customer.
Performance of the agreement
- Rensblom.nl executes the agreement to the best of its knowledge and
ability and in accordance with the requirements of good workmanship.
- Rensblom.nl has the right to have the agreed services (partially)
performed by third parties.
- The execution of the agreement takes place in mutual consultation and
after written agreement and payment of the possibly agreed advance by
the customer.
- It is the responsibility of the customer that Rensblom.nl can start the
implementation of the agreement on time.
- If the customer has not ensured that Rensblom.nl can start the
implementation of the agreement in time, the resulting additional costs
and/or extra hours will be charged to the customer.
Duty to inform by the customer
- The customer shall make available to Rensblom.nl all information, data
and documents relevant to the correct execution of the agreement to in
time and in the desired format and manner.
- 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.
- If and insofar as the customer requests this, Rensblom.nl will return
the relevant documents.
- If the customer does not timely and properly provides the information,
data or documents reasonably required by Rensblom.nl and the execution
of the agreement is delayed because of this, the resulting additional
costs and extra hours will be charged to the customer.
Duration of the agreement
- The agreement between Rensblom.nl and the customer is entered into for
the duration of 3 years, unless it results otherwise from the nature of
the agreement or if the parties have expressly agreed otherwise in
writing.
- 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 / the agreement ends at
the end of the fixed term.
- If the parties have agreed upon a term for the completion of certain
activities, this is never a strict deadline, unless specified
explicitly otherwise in writing. If this term is exceeded, the customer
must give Rensblom.nl a written reasonable term to terminate the
activities, before it may either terminate the contract or claim
damages.
Indemnity
The customer indemnifies Rensblom.nl against all third-party claims that
are related to the products and/or services supplied by Rensblom.nl.
Complaints
- The customer must examine a product or service provided by Rensblom.nl
as soon as possible for possible shortcomings.
- If a delivered product or service does not comply with what the
customer could reasonably expect from the agreement, the customer must
inform Rensblom.nl of this as soon as possible, but in any case within
1 month after the discovery of the shortcomings.
- Consumers must inform Rensblom.nl of this within two months after
detection of the shortcomings.
- The customer gives a detailed description as possible of the
shortcomings, so that Rensblom.nl is able to respond adequately.
- The customer must demonstrate that the complaint relates to an
agreement between the parties.
- If a complaint relates to ongoing work, this can in any case not lead
to Rensblom.nl being forced to perform other work than has been agreed.
Giving notice
- The customer must provide any notice of default to Rensblom.nl in
writing.
- It is the responsibility of the customer that a notice of default
actually reaches Rensblom.nl (in time).
Joint and several Client liabilities
If Rensblom.nl enters into an agreement with several customers, each of
them shall be jointly and severally liable for the full amounts due to
Rensblom.nl under that agreement.
Liability of Rensblom.nl
- Rensblom.nl is only liable for any damage the customer suffers if and
insofar as this damage is caused by intent or gross negligence.
- If Rensblom.nl is liable for any damage, it is only liable for direct
damages that results from or is related to the execution of an
agreement.
- Rensblom.nl is never liable for indirect damages, such as consequential
loss, lost profit, lost savings or damage to third parties.
- If Rensblom.nl 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.
- All images, photos, colors, drawings, descriptions on the website or in
a catalog are only indicative and are only approximate and can not lead
to any compensation and/or (partial) dissolution of the agreement
and/or suspension of any obligation.
Expiry period
Every right of the customer to compensation from Rensblom.nl 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 of the Dutch Civil Code.
Dissolution
- The customer has the right to dissolve the agreement if Rensblom.nl
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.
- If the fulfillment of the obligations by Rensblom.nl is not permanent
or temporarily impossible, dissolution can only take place after
Rensblom.nl is in default.
- Rensblom.nl 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 Rensblom.nl good grounds to
fear that the customer will not be able to fulfill his obligations
properly.
Force majeure
- In addition to the provisions of article 6:75 Dutch Civil Code, a
shortcoming of Rensblom.nl in the fulfillment of any obligation to the
customer cannot be attributed to Rensblom.nl in any situation
independent of the will of Rensblom.nl, 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 Rensblom.nl .
- 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.
- If a situation of force majeure arises as a result of which Rensblom.nl
cannot fulfill one or more obligations towards the customer, these
obligations will be suspended until Rensblom.nl can comply with it.
- 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.
- Rensblom.nl 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.
Changes in the general terms and conditions
- Rensblom.nl is entitled to amend or supplement these general terms and
conditions.
- Changes of minor importance can be made at any time.
- Major changes in content will be discussed by Rensblom.nl with the
customer in advance as much as possible.
- Consumers are entitled to cancel the agreement in the event of a
substantial change to the general terms and conditions.
Transfer of rights
- The customer can not transfer its rights deferring from an agreement
with Rensblom.nl to third parties without the prior written consent of
Rensblom.nl .
- This provision applies as a clause with a property law effect as
referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annullability
- 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.
- A provision that is null or annullable shall, in that case, be replaced
by a provision that comes closest to what Rensblom.nl had in mind when
drafting the conditions on that issue.
Applicable law and competent court
- Dutch law is exclusively applicable to all agreements between the
parties.
- The Dutch court in the district where Rensblom.nl is established is
exclusively competent in case of any disputes between parties, unless
the law prescribes otherwise.
Drawn up on 23 oktober 2020.