Consequences of not paying on time

1. If the customer does not pay within the agreed period, Dutch Marketing Design B.V. entitled to charge interest of 1% per month 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 also owes extrajudicial collection costs and any compensation to Dutch Marketing Design 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, Dutch Marketing Design B.V. may suspend its obligations until the customer has fulfilled his payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the followingstatements from Dutch Marketing Design B.V. immediately due and payable by the customer.
6. If the customer refuses to cooperate in the execution of the agreement by Dutch Marketing Design B.V., he is still obliged to pay Dutch Marketing Design B.V. the agreed price. to pay.
   
   

Right of suspension

Unless the customer is a consumer, the customer waives the right to performance of any of these

to suspend the obligation arising from the agreement.

Settlement

Unless the customer is a consumer, the customer waives his right to offset a debt to Dutch Marketing Design B.V. against a claim against Dutch Marketing Design B.V..

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 items that are necessary for the execution of the underlying agreement, items from Dutch Marketing Design B.V. that are present at the customer
   goods that have been delivered under retention of title
2. The customer provides, at the first request of Dutch Marketing Design B.V. the policy of these insurances is available for inspection.
   
   

Warranty

When the parties have entered into an agreement of a service nature, it contains for Dutch Marketing Design B.V. only best efforts obligations, no results obligations.

Execution of the agreement

1. Dutch Marketing Design B.V. executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. Dutch Marketing Design B.V. has the right to have the agreed services (partially) provided by third parties.
3. The execution 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 customer’s responsibility that Dutch Marketing Design B.V. can start the execution of the agreement in a timely manner.
5. If the customer has not ensured that Dutch Marketing Design B.V. can start the execution of the agreement on time, the resulting additional costs and/or extra hours will be borne by the customer.
   
   

Provision of information by the customer

1. The customer makes all information, data and documents that are relevant for the correct execution of the agreement available to Dutch Marketing Design B.V. in a timely manner and in the desired form and manner.
2. The customer guarantees the accuracy, completeness and reliability 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. If and insofar as the customer requests this, Dutch Marketing Design B.V. will return the relevant documents.

3. If and insofar as the customer requests this, Dutch Marketing Design B.V. will return the relevant documents.
4. If the customer does not, not timely or not properly inform Dutch Marketing Design B.V. reasonably required information, data or documents 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.
   
   

Duration of the agreement

1. The agreement between Dutch Marketing Design B.V. and the customer is entered into for an indefinite period, unless the nature of the agreement dictates otherwise or the parties have expressly agreed otherwise in writing.
2. If a fixed-term agreement has been entered into, it will be tacitly converted into an indefinite-term agreement after the expiry of the term, unless 1 of the parties terminates the agreement taking into account a notice period of 2 months, or a consumer If you cancel the agreement taking into account a notice period of 1 month, the agreement will end by operation of law.
3. If the parties have agreed on a deadline for the completion of certain work within the term of the agreement, this is never a strict deadline. If this period is exceeded, the customer must notify Dutch Marketing Design B.V. written notice of default.
   
   

Cancellation of contract for an indefinite period

1. The customer can cancel an agreement that has been entered into for an indefinite period at any time, subject to a notice period of 2 months.
2. A consumer has the right to terminate an agreement for an indefinite period, subject to a notice period of 1 month.
   
   

Intellectual property

1. Dutch Marketing Design B.V. retains all intellectual propertyrights (including copyright, patent law, trademark law, drawing and model law, etc.) on all designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, etc., unless the parties agree in writing otherwise agreed.
2. The customer may not use said intellectual property rights without the prior written permission of Dutch Marketing Design B.V. copy, show to third parties and/or make available or use in any other way.
   
   

Confidentiality

1. The customer keeps all information he receives (in whatever form) from Dutch Marketing Design B.V. receives secret.
2. The same applies to all other information regarding Dutch Marketing Design B.V. which he knows or can reasonably suspect to be secret or confidential, or which he can expect to be distributedDutch Marketing Design B.V. can cause damage.
3. The customer takes all necessary measures to ensure that he also keeps the information referred to in paragraphs 1 and 2 confidential.
4. The confidentiality obligation described in this article does not apply to information: that was already public before the customer learned this information or that subsequently became public without this being the result of a violation of the customer’s confidentiality obligation
   which 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.
   
   

Penalty clause

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

If the other party is a consumer, this fine is € 1,000
If the other party is a legal entity, this fine is €5,000

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

2. 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.
3. No prior notice of default or legal proceedings are required to forfeit this fine. There also does not have to be any form of damage.
4. Forfeiting the fine referred to in the first paragraph of this article does not affect the other rights of Dutch Marketing Design B.V. including his right to claim damages in addition to the fine.
   
   

Indemnification

The customer indemnifies Dutch Marketing Design B.V. against all claims from third parties relating to the services provided by Dutch Marketing Design B.V. products and/or services supplied.

Complaints

1. The customer must submit a certificate issued by Dutch Marketing Design B.V. to examine the delivered product or service as soon as possible for any shortcomings.
2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must notify Dutch Marketing Design B.V. as soon as possible, but in any case within 1 month after discovering the shortcomings.
3. Consumers should serve Dutch Marketing Design B.V. within 2 months after discovering the shortcomings.
4. The customer provides as detailed a description as possible of the shortcoming, so that Dutch Marketing Design B.V. is able to respond adequately to this.
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 DutchMarketing Design B.V. may be obliged to perform work other than that agreed upon.
   
   

Notice of default

1. The customer must provide notice of default in writing to Dutch Marketing Design B.V.
2. It is the customer’s responsibility that a notice of default by Dutch Marketing Design B.V. actually achieved (on time).
   
   

Customer’s joint liability

As Dutch Marketing Design B.V. enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts paid to Dutch Marketing Design B.V. under that agreement.

Liability Dutch Marketing Design B.V.

1. Dutch Marketing Design B.V. is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
2. If Dutch Marketing Design B.V. is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
3. Dutch Marketing Design B.V. is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.
4. If Dutch Marketing Design B.V. is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance policy and, in the absence of (full) payment by an insurance company of the damage amount, liability is limited to the (part of the) invoice amount to which the liability relates. has.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise 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 Dutch Marketing Design B.V. in any case expires 12 months after

Any right of the customer to compensation from Dutch Marketing Design B.V. in any case 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 Civil Code.

Right to cancel

1. The customer has the right to terminate the agreement if Dutch Marketing Design B.V. imputably fails to fulfill its obligations, unless this failure, given its special nature or minor significance, does not justify termination.
2. Is the fulfillment of the obligations by Dutch Marketing Design B.V. is not permanent or temporarily impossible, then dissolution can only take place after Dutch Marketing Design B.V. is in default.
3. Dutch Marketing Design B.V. has the right to terminate the agreement with the customer if the customer does not fully or timely fulfill his obligations under the agreement, or if Dutch Marketing Design B.V. has become aware of circumstances that give him good reason to fear that the customer has failed to fulfill his obligations. will not be able to comply properly.
   
   

Force Majeure

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming on the part of Dutch Marketing Design B.V. in the fulfillment of any obligation towards the customer cannot be attributed to Dutch Marketing Design B.V. in any of the will of Dutch Marketing Design B.V. independent situation, which prevents the fulfillment of its obligations towards the customer in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected of Dutch Marketing Design B.V. may be required.
2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to: state of emergency (such as civil war, uprising, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom disruptions; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a force majeure situation occurs as a result of which Dutch Marketing Design B.V. cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until Dutch Marketing Design B.V. can meet it again.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may terminate the agreement in writing in whole or in part.
5. Dutch Marketing Design B.V. is not liable for any damages or compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.
   
   

Change to the agreement

If, after concluding the agreement for its implementation, it appears necessary to change or supplement its contents, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

Change to general terms and conditions

1. Dutch Marketing Design B.V. isentitled to change or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Dutch Marketing Design B.V. will make major substantive changes. discuss as much as possible with the customer in advance.
4. Consumers are entitled to cancel the agreement in the event of a material change to the general terms and conditions.
   
   

Transfer of rights

1. Customer rights from an agreement between the parties cannot be transferred to third parties without the prior written consent of Dutch Marketing Design B.V.
2. This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, Civil Code.
   
   

Consequences of nullity or voidability

1. If one 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 it
3. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Dutch Marketing Design B.V. had in mind on that point when drawing up the conditions.
   
   

Applicable law and competent court

1. Dutch law applies exclusively to every agreement between the parties.
2. The Dutch court in the district where Dutch Marketing Design B.V. is established / practice holds /ffice has exclusive authority to to take note of any disputes between parties, unless the law prescribes otherwise.

Prepared on January 13, 2022.