established in Amsterdam and having its office at 1016 GJ, Runstraat 3, registered in the trade register of the Chamber of Commerce under number 77494555, hereinafter referred to as "HET KOEKEMANNETJE".
In these General Terms and Conditions, capitalized terms shall have the following meanings:
Terms and Conditions: the present General Terms and Conditions.
Consumer: the natural person who does not act in the exercise of a profession or business and enters into an agreement with HET KOEKEMANNETJE.
Lease agreement: Agreement in which the Parties undertake to perform continuous, recurring or successive services at successive times.
Good or Goods: any object which is part of the Agreement.
Quotation: the making of an offer (In Writing).
Order Confirmation: Written confirmation of the Quotation by HET KOEKEMANNETJE.
Client: the term Client shall mean any party who (also) gives the Order to provide services, advice or issue a Quotation.
Agreement or Assignment: Agreement or Assignment means the commitment which HET KOEKEMANNETJE enters into with its Client(s).
Parties: HET KOEKEMANNETJE and Client(s) between whom a (Duration) Agreement has been established.
Written: Written also means by e-mail, by fax or any other means of communication, which in view of the state of the art and the socially accepted views can be equated with it.
Work: all work for which an Order has been given, or which is performed by HET KOEKEMANNETJE from other heads, directly related to the Agreement or Quote.
Business Customer: Every natural and/or legal person, who is registered at the trade register of the Chamber of Commerce or any other trade register and who, acting in the exercise of profession or business, enters into an agreement with HET KOEKEMANNETJE or to whom HET KOEKEMANNETJE makes an offer.
These General Terms and Conditions apply to any and all negotiation, offer, Quotation, Order Confirmation, Agreement, Work or other legal relationship to which HET KOEKEMANNETJE has declared these terms and conditions applicable, insofar as these terms and conditions have not been expressly deviated from in Writing by the Parties.
The acceptance and retention by the Client without comment of any offer, Quotation, Order Confirmation or Agreement in which reference is made to these General Terms and Conditions shall be deemed as consent to the application of these General Terms and Conditions in full.
Any General Terms and Conditions or other conditions of the Client are not valid. The applicability thereof is expressly rejected by HET KOEKEMANNETJE.
Only if so agreed in Writing with the Agreement, without affecting or otherwise rendering the other terms and conditions inoperative, exclusively in respect of an individually determined Assignment, may one or more of the provisions of these General Terms and Conditions be deviated from at the request of the Client.
If one or more provisions in these General Terms and Conditions are at any time wholly or partially void or annulled, the Agreement will remain in force in all other respects. The clause in question will, in consultation between HET KOEKEMANNETJE and the Client, immediately be replaced by a clause which approaches the purport of the original clause as closely as possible.
Uncertainties regarding the interpretation or content of one or more provisions of the General Terms and Conditions or situations not provided for in these General Terms and Conditions shall be interpreted "in the spirit" of these General Terms and Conditions.
If HET KOEKEMANNETJE does not always require strict compliance with these General Terms and Conditions, this does not mean that the provisions of these General Terms and Conditions do not apply, or that HET KOEKEMANNETJE would to any extent lose the right to require strict compliance with the provisions of these General Terms and Conditions in other cases.
In case of conflict between the General Terms and Conditions and the provisions of the Order Confirmation or the (Term) Agreement, the provisions of the Order Confirmation or the (Term) Agreement shall prevail.
HET KOEKEMANNETJE has the right to unilaterally modify or supplement these General Terms and Conditions. These amendments also apply to the Agreements in progress at the time of the amendments. Amendments will be announced to the Client by email and will take effect 30 (thirty) days after the announcement.
All offers by HET KOEKEMANNETJE, including Quotations, are made without obligation.
Images accompanying Goods are a true representation of the products offered. HET KOEKEMANNETJE cannot guarantee that the displayed colors exactly match the real colors of the Goods.
Acceptances of offers or Engagements in any form (written, fax, mail, oral or otherwise) by Client are irrevocable to Client.
Acceptances, whether or not in the form of an Order Confirmation on the part of the Client, which contain substantial additions, limitations or other changes, shall be deemed to be a new offer and a rejection of the original offer.
Under material additions, limitations or other modifications within the meaning of this Article, additional or different terms and conditions shall apply with respect to, but not limited to, price, payment, quality, fittings and quantity of Goods, place and time of delivery, extent of liability and settlement of disputes, among other things.
HET KOEKEMANNETJE has the right to refuse an Assignment without giving reasons.
If the Client accepts an offer, HET KOEKEMANNETJE retains the right to revoke the offer within 2 business days of acceptance.
HET KOEKEMANNETJE will commence the Work immediately after the order confirmation has been signed by the Client. Any inaccuracies in the order confirmation should be noted on the order confirmation before it is signed by the Client. The order confirmation is thus deemed to accurately and completely reflect the Agreement and is binding on the Client.
For the acceptance of the offer, for verbal promises, for the amendments and supplements to existing Agreements and for the content of all price lists, brochures and other data provided with the offer, HET KOEKEMANNETJE may be deemed to be bound by them only after and insofar as the documents concerned have been confirmed In Writing by HET KOEKEMANNETJE, or HET KOEKEMANNETJE has commenced performance.
The price calculation and terms of the offer shall be valid for a period of fourteen (14) days from the offer date, unless another period is expressly agreed upon in writing.
Any new price calculation and conditions of the offer specified by THE KOEKEMANNETJE shall supersede the previous ones.
A composite price calculation does not oblige HET KOEKEMANNETJE to fulfill part of what is stated in the offer at a corresponding part of the stated price.
Offers are based on the information known to HET KOEKEMANNETJE at the time of the offer and any information provided by the Client at the time of application.
If the person who signs the Quote, Order Confirmation or Agreement acts on behalf of one or more others, he is, without prejudice to the liability of those others, responsible and liable to HET KOEKEMANNETJE as if he were the Client himself.
The Agreement between HET KOEKEMANNETJE and the Client is for an indefinite period, unless the nature of the Agreement dictates otherwise or if the Parties have expressly agreed otherwise in Writing.
If a deadline has been agreed or specified for the performance of specific Work or for the delivery of specific Goods, this is never a deadline. If a deadline is exceeded, the Client must give written notice of default to HET KOEKEMANNETJE. The Client must allow HET KOEKEMANNETJE a reasonable period of time to perform the Agreement. This reasonable period will be at least equal to the original delivery period. Exceeding the delivery period does not entitle the Buyer to compensation.
The delivery period shall commence after HET KOEKEMANNETJE has received the Offer, Order Confirmation or Agreement signed by the Client as well as any required deposit or advance payment.
Specification of Work and Goods to be provided are given in good faith.
In view of THE KOOKEMANNETJE only provides Goods that have a limited shelf life, a Consumer has no right of rescission as referred to in Article 6:230P paragraph f sub 2 of the Dutch Civil Code.
HET KOEKEMANNETJE is entitled to suspend the execution of the Agreement without judicial intervention if the Client fails to comply or fails to comply on time with any obligation arising from the Agreement and the provisions and General Terms and Conditions associated with the Agreement. Suspension as referred to above shall never entitle the Client to damages.
Only if the Client can demonstrate that the Agreement and/or the information provided by HET KOEKEMANNETJE is deviated from to such an extent that the Client can no longer reasonably be required to perform, the Client is entitled to terminate the Agreement. However, in no event is HET KOEKEMANNETJE obliged to pay any compensation.
If the Client wishes to terminate the Agreement without the fault of HET KOEKEMANNETJE and HET KOEKEMANNETJE agrees to this, the Agreement will be terminated by mutual consent. HET KOEKEMANNETJE is in that case entitled to compensation for all pecuniary damage, such as loss suffered, loss of profit and costs incurred.
The price issued by HET KOEKEMANNETJE for the Work to be performed by it applies only to performance in accordance with the agreed specifications.
THE KOOKEMANNETJE is entitled to require full or partial payment in advance, however, in the case of an Agreement with a Consumer, THE KOOKEMANNETJE will offer the Consumer the option of paying up to 50% in advance.
All prices quoted are exclusive of any costs to be incurred in connection with the Agreement, including transport costs, postage, packaging and any government-imposed levies, unless otherwise agreed. If no fixed fee has been agreed upon, the fee shall be determined on the basis of hours actually worked.
If the Client is a Business Client and HET KOEKEMANNETJE has not charged VAT or has charged too little, whereas it appears to be obliged to do so, HET KOEKEMANNETJE is entitled to charge the VAT to the Client. The Client will pay the VAT due to HET KOEKEMANNETJE immediately upon receipt of a (corrected) invoice, and will also indemnify HET KOEKEMANNETJE against any loss (including penalties imposed) which HET KOEKEMANNETJE suffers as a result.
If no price or only an estimated price has been agreed upon between the Parties, or if the price is subject to change according to these General Terms and Conditions, settlement will be based on HET KOEKEMANNETJE's subsequent calculation with a reasonable profit mark-up.
The price stated by HET KOEKEMANNETJE for the Work to be performed by it applies only to performance in accordance with the agreed specifications. HET KOEKEMANNETJE is entitled to increase the agreed price if, after the conclusion of the Agreement, there is unforeseen additional Work, an increase in the costs associated with the performance of the Agreement or as a result of (amended) legislation or regulations.
HET KOEKEMANNETJE will always consider sympathetically a timely request from the Client to agree to amendments, additions and corrections to the Agreement. However, HET KOEKEMANNETJE is in no way obliged to consent and may require the Client to enter into a separate Agreement in Writing for this purpose.
If HET KOEKEMANNETJE agrees to changes, additions and corrections, to the Agreement, this may affect the agreed price and/or the agreed time of delivery or completion. Although less work may lead to a reduction in the agreed price, HET KOEKEMANNETJE reserves the right to charge the Client for the costs incurred by HET KOEKEMANNETJE and the loss of profit.
If the performance of the Agreement requires additional Work that was not foreseeable at the time the Agreement was concluded or if this additional Work is the result of conduct and/or a concealment or incorrect or unclear statement by the Client, this additional Work will be charged according to the usual rates of HET KOEKEMANNETJE. Extra Work as referred to in this Article explicitly but not exclusively includes waiting time and delays attributable to the Client.
If a fixed price has been agreed in the Agreement and the Parties intend to enter into a separate agreement with respect to additional Work or performance, HET KOEKEMANNETJE will inform Client in advance of the financial consequences of that additional Work or
If the Client refuses to pay any additional costs resulting from the additional Work or performance, the desired additional Work or performance will not be performed. However, Client is and will remain bound by the original Agreement.
Annually, as of January 1, prices and rates of the agreed Work may be adjusted by HET KOEKEMANNETJE.
Unless results are expressly agreed upon in writing, HET KOEKEMANNETJE shall perform the services and Work to the best of its knowledge and ability, and in accordance with the requirements of good professional practice, which implies only an obligation to provide the best possible effort.
The Client is required to cooperate fully and to make available to HET KOEKEMANNETJE all that it deems necessary and/or useful in order to properly perform the assigned Work and deliveries.
The Client guarantees that the information provided by it is accurate, reliable and complete, without HET KOEKEMANNETJE being required to independently verify it, as well as that it is authorized to provide the information to HET KOEKEMANNETJE. The Client indemnifies HET KOEKEMANNETJE against any claims by third parties in this regard.
For the performance of all its duties arising from the Agreement, HET KOEKEMANNETJE has the right to engage third parties, whereby the Client is bound by the Terms and Conditions of the third party in question in addition to the General Terms and Conditions of HET KOEKEMANNETJE, except in the event that the Client is a Consumer.
The Client is not permitted to transfer the rights and obligations associated with or arising from the Assignment given to HET KOEKEMANNETJE to third parties without the Written consent of HET KOEKEMANNETJE.
The Client indemnifies HET KOEKEMANNETJE against all third party claims related to or arising from the Assignment given to HET KOEKEMANNETJE.
If a third party, through his acts or omissions, causes damage to the Client, client of the Client, employee of the Client or other persons connected with the execution of the Engagement, the third party shall be liable to the Client, client, employee or other person.
HET KOEKEMANNETJE reserves the right, without the need for notice of default or communication, to temporarily suspend or permanently stop the performance of the Assignment when reasonable terms exist.
HET KOEKEMANNETJE is not obliged to deliver the manufactured Goods in parts.
The place of delivery is the address that the Client has made known to HET KOEKEMANNETJE.
The Client is obliged to cooperate fully with the delivery of Goods to be delivered by HET KOEKEMANNETJE under the terms of the Agreement. The Client will be in default, even without a reminder to do so, if the Client does not collect the Goods to be delivered at the first request of HET KOEKEMANNETJE or, if delivery to the Client's address has been agreed, refuses to accept the Goods to be delivered.
Client shall carefully inspect the delivered Goods immediately upon receipt. Any complaints concerning the Goods as well as (transport) damage shall be noted on the waybill or delivery note upon delivery, failing which the waybill or delivery note shall constitute compelling evidence against Client of the fact that the correct quantity and conforming Goods have been received and that these Goods have been received free of transport damage.
Any Defects concerning a part of the delivered Goods shall not entitle Client to reject or refuse the entire batch of delivered Goods.
If it has been expressly agreed in writing with the Client that the Client may redeliver the Goods to third parties, such redelivery shall always take place at the Client's expense and risk.
If transport of the Goods to be delivered has been agreed upon, this will take place at the Principal's expense, unless carriage-paid delivery has been agreed upon. The Client shall always bear the risk during transport.
A Contract concluded for a definite period is not terminable early.
A Fixed Term Contract concluded with Business Customers is always automatically renewed for the same period, but at least for 12 (twelve) months, after the expiry of the period stated in the contract, subject to termination by registered letter towards the end of the (extended) contract period and subject to 1 (one) month's notice.
A Fixed Term Contract concluded with Consumers becomes terminable on a monthly basis by registered letter after the expiration of the period stated in the Contract.
A Duration Agreement not concluded for a definite period is entered into for an indefinite period and can only be terminated by giving notice by registered letter subject to a notice period of 3 (three) months.
If premature termination is undertaken by the Client on grounds of breach of contract, HET KOEKEMANNETJE is entitled to compensation on account of the resulting loss of capacity utilization, whereby the average monthly invoice amount up to that point will be used as the starting point. The Client is further obligated to indemnify HET KOEKEMANNETJE against claims by third parties as a result of the cancellation or premature termination of the Duration Agreement.
Notwithstanding anything stated in these General Terms and Conditions, HET KOEKEMANNETJE reserves all rights to claim full performance of the Duration Agreement and/or full compensation.
In these General Terms and Conditions, force majeure includes, in addition to its definition in law and jurisprudence, all external causes, foreseen or unforeseen, which HET KOEKEMANNETJE cannot influence, but which prevent HET KOEKEMANNETJE from fulfilling its obligations. Force majeure includes in any case: a strike, excessive absenteeism due to illness of personnel, a (temporary) shortage of personnel, fire, operational and technical disruptions within the office or at the external Parties engaged by HET KOEKEMANNETJE, the absence, at our discretion, of sufficient data or the provision of incorrect data, or the lack of sufficient cooperation by the Client.
Under no circumstances may the Client invoke force majeure in the event of:
- inability to pay on the part of Client or its Principal(s);
- amended laws and regulations as well as government regulations and judicial decisions insofar as they create an impediment on the part of Client or damage occurs as a result thereof.
If HET KOEKEMANNETJE is unable to fully fulfill its obligations as a result of force majeure, each of the Parties is entitled to terminate the Agreement in Writing for the part that cannot be performed, after Written notice of the force majeure by HET KOEKEMANNETJE and if the period lasts longer than 30 (thirty) days.
In this case of force majeure, Client is not entitled to any compensation.
In the event of force majeure, HET KOEKEMANNETJE retains the right to payment for any goods already delivered.
HET KOEKEMANNETJE is authorized, as soon as the force majeure occurs, to invoice all that the Client already owes.
If, in the event of force majeure, the Client terminates the Agreement, the Client is obligated to pay a sum of money to HET KOEKEMANNETJE consisting of reasonable compensation for costs incurred by HET KOEKEMANNETJE, losses suffered and lost profits.
All payments to HET KOEKEMANNETJE must be made in Euros, unless otherwise agreed in writing. If payment in another currency is agreed upon, the conversion will be made at the exchange rate of the day the payment is made. The costs of conversion and any loss suffered by HET KOEKEMANNETJE as a result of exchange rate differences occurring are for the account and risk of the Client.
Unless otherwise agreed in writing between the Client and HET KOEKEMANNETJE, payment of invoices from HET KOEKEMANNETJE must be made within 14 (fourteen) days of the invoice date.
HET KOEKEMANNETJE may send its invoices by mail or e-mail.
If the Client disagrees with the amount of the invoice, the Client must notify HET KOEKEMANNETJE in writing within 5 (five) days of the invoice date, after the expiration of this period the Client is deemed to have approved the invoice.
Objections to the amount of the invoice do not suspend the payment obligation.
Client may not invoke any set-off or suspension.
HET KOEKEMANNETJE is always authorized to set off everything it owes to the Client against what the Client and/or companies affiliated with the Client owe(s), whether or not due and payable, to HET KOEKEMANNETJE.
For long-term or extensive Assignments, HET KOEKEMANNETJE may require payment in installments.
HET KOEKEMANNETJE is authorized to suspend the execution of the Assignment until the due and payable claims relating to the Assignment have been paid.
In the event of non-fulfillment of the Agreement, bankruptcy, suspension of payments, placement of the Client in receivership or cessation or liquidation of its business and/or if any attachment is levied on goods and/or receivables of the Client, the Client shall be deemed to be in default by operation of law.
HET KOEKEMANNETJE is entitled in cases referred to in the preceding paragraph, without notice of default or judicial intervention, to declare the Agreement or the part of it that has not been performed dissolved or to suspend its performance, without prejudice to its right to compensation towards the Client. What Client owes on the basis of the Agreement is immediately due and payable.
If the Client is a Business Client and has not paid within the term of payment stipulated in these General Terms and Conditions, the Client is in default by operation of law and HET KOEKEMANNETJE, without any further summons or notice of default being required, the right, from the due date, to charge the Client interest at the statutory rate plus 3 (three) percent per month on the invoiced amount (whereby part of a month is regarded as a full month) up to the date of full payment, without prejudice to the further rights of HET KOEKEMANNETJE.
Without prejudice to the provisions of this Article, in the case of a Business Client, HET KOEKEMANNETJE is entitled, without any notice of default or judicial intervention, to suspend the performance of the agreement and/or to declare the agreement to be dissolved in whole or in part and to claim payment of an immediately payable penalty of 10 (ten) percent of the total consideration owed by Client.
If the Client is a Consumer and has not paid within the term of payment stipulated in these General Terms and Conditions, the Client is legally in default and HET KOEKEMANNETJE, after having reminded the Client at least once to pay, has the right, from the due date, to charge the Client the legal interest on the invoiced amount until the day of full payment, without prejudice to the further rights of HET KOEKEMANNETJE.
All judicial and extrajudicial (collection) costs which HET KOEKEMANNETJE must incur as a result of the Client's failure to fulfill its payment obligation will be borne by the Client.
In the case of a Business Customer, the extrajudicial collection costs shall be at least 15 (fifteen) percent of the amount due with a minimum of € 150.00 and in the case of a Consumer, the extrajudicial collection costs shall be calculated as stipulated in the Compensation for Extrajudicial Collection Costs Decree with a minimum of € 40.00.
Any discounts granted or agreed upon shall automatically expire in the event of default.
If the Client is in default of full payment of an invoiced amount, the mere fact of non-timely payment, without prejudice to the other rights to which HET KOEKEMANNETJE is entitled, will result, among other things, in all other outstanding claims with the Client becoming immediately due and payable.
From the moment that the Client fails to (fully) fulfill its payment obligations under the Agreement or is otherwise in default, the Client shall not (no longer) be permitted to use the Goods made available and any (usage) license(s) granted to the Client in the context of the Order shall lapse, unless the Client's failure is of minor significance in light of the Order as a whole.
All costs reasonably incurred as a result of judicial or extrajudicial collection of the claim shall be borne by Client.
Payments made by the Client always serve firstly to settle all interest and costs due, secondly to settle due invoices that have been outstanding with HET KOEKEMANNETJE the longest.
In the case of partial payment, recovery will continue until the principal plus costs and any interest are paid.
In the case of a jointly given Assignment, all Clients are jointly and severally liable for payment of the invoice amount for the Work.
Both ownership and intellectual property of all Goods are and will at all times remain with HET KOEKEMANNETJE unless otherwise agreed In Writing. If otherwise agreed in Writing, ownership does not pass until the claims owed to HET KOEKEMANNETJE, including damages, fines as well as claims for failure to perform one or more Agreements, have been paid in full.
The Client is never entitled to edit, modify or otherwise impair the intellectual property rights of HET KOEKEMANNETJE without the Written permission of HET KOEKEMANNETJE and may only use, offer, sell and supply the Goods with the Written permission of HET KOEKEMANNETJE and under the brand and logo that HET KOEKEMANNETJE or its supplier has assigned to the Goods.
Client is not authorized to sell, pledge or encumber in any other way the Goods subject to retention of title. Client is obliged to keep the Goods delivered under retention of title with due care individually identifiable.
If third parties seize the Goods subject to retention of title or wish to establish or assert rights to them, the Client is obligated to notify HET KOEKEMANNETJE In Writing immediately.
In the event of attachment of (part of) the Property, (provisional) suspension of payments or bankruptcy of the Client, the Client will immediately inform the attaching bailiff, administrator or receiver of the (ownership) rights of HET KOEKEMANNETJE.
In the event that HET KOEKEMANNETJE wishes to exercise its proprietary rights referred to in this Article, the Client hereby gives unconditional and irrevocable permission to HET KOEKEMANNETJE or third parties to be designated by it to enter all those places where the property of HET KOEKEMANNETJE is located and to repossess (or have repossessed) those Goods, at the expense of the Client.
If Client, after the Goods have been delivered by HET KOEKEMANNETJE in accordance with the Agreement, has fulfilled its obligations, the retention of title in respect of these Goods will revive if Client fails to fulfill its obligations under any other Agreement.
Parties undertake to maintain confidentiality regarding all confidential information they receive about the other party's company. Parties shall also impose this obligation on their employees as well as on third parties engaged by them for the execution of the agreement between Parties.
Information shall be considered confidential unless information has been designated by either Party as not confidential and/or was already in the public domain in some way before either Party disclosed the information.
HET KOEKEMANNETJE will be permitted to use the Client's name in its statements to third parties, unless the Client indicates in Writing that it does not wish to do so.
Client shall indemnify HET KOEKEMANNETJE for all damages and/or costs that may result from violation of the obligations mentioned in this Article.
If the Client acts in violation of its obligations under this confidentiality provision, it shall forfeit to HET KOEKEMANNETJE, without any notice of default being required, an immediately payable penalty of €5,000.00 for each violation, as well as a penalty of €1,000.00 for each day that the violation continues, without prejudice to HET KOEKEMANNETJE's right to claim full compensation plus costs and interest instead, insofar as the actual damage suffered exceeds the stipulated penalty.
Any defects in the delivery of Goods or complaints about the Work performed by HET KOEKEMANNETJE must be reported in writing by the Client to HET KOEKEMANNETJE under penalty of forfeiture of all claims immediately after discovery, but no later than within 2 (two) days after delivery, accurately specifying the nature and reason for the defect or complaint, as well as when and how it was discovered. The period of 2 (two) days does not apply if the Client can demonstrate that it was not reasonably possible to complain within this period.
All costs incurred by HET KOEKEMANNETJE in connection with an unfounded complaint must be reimbursed to HET KOEKEMANNETJE by the Client.
The Client is obligated, under penalty of forfeiture of all claims, to keep the Goods about which a timely complaint has been made available to HET KOEKEMANNETJE to determine the deficiency.
If a timely complaint is made and if, in the judgment of HET KOEKEMANNETJE, the complaint is correct, HET KOEKEMANNETJE will remedy the deficiencies or defects within a reasonable period of time. However, the Client will remain under an obligation to pay for the work performed and the Goods purchased. Complaints do not suspend the Client's obligation to pay.
If the subsequent performance of the agreed Work is no longer possible or useful, HET KOEKEMANNETJE will only be liable within the limits of the provisions of Clauses 16 through 18.
Any right of action against HET KOEKEMANNETJE lapses if:
- the damage and/or defects have not been brought to the attention of HET KOEKEMANNETJE within the specified time limits and/or in the manner indicated for that purpose;
- Client does not/not sufficiently cooperate with HET KOEKEMANNETJE regarding an investigation into the merits of the complaints;
- Client has used the Goods inexpertly and/or carelessly or has not handled, stored or prepared the Goods in the proper manner, as directed by HET KOEKEMANNETJE or if it has used, handled, stored or prepared the Goods under, for the Goods, unsuitable conditions;
- the Goods are put into use after discovery of the defects or if use of the Goods is continued after discovery;
- no opportunity for (counter/counterfactual) expertise was offered to THE COOKEMANETJE.
The performance of HET KOEKEMANNETJE shall in any event be deemed between the Parties to be satisfactory if the Client has not complained within the stipulated period, put the Goods into use, processed or treated them, delivered them to third parties, or put them into use, had them processed or treated, or had them delivered to third parties, respectively, unless the Client has complained in good time.
HET KOEKEMANNETJE is only liable for damages to Consumers if they result from a legal obligation to pay compensation.
HET KOEKEMANNETJE is only liable with respect to Business Clients for non-, incorrect or partially incorrect execution of the Assignment if and insofar as this is the direct result of intent or conscious recklessness on the part of HET KOEKEMANNETJE.
In the event of liability, HET KOEKEMANNETJE is only liable for direct damage. HET KOEKEMANNETJE is expressly not liable for consequential damage, indirect damage, loss of profit or turnover, damage due to business interruption, fines and compensation owed to third parties, reduced goodwill or damage caused by auxiliary persons and/or third parties which HET KOEKEMANNETJE has engaged in the execution of the Agreement, or for the improper functioning of equipment, software, data files, registers or other items used by HET KOEKEMANNETJE in the execution of the Assignment, none of which are excluded.
HET KOEKEMANNETJE is not liable for actions of its employees or other persons within its sphere of risk.
If at any time liability arises for HET KOEKEMANNETJE for damage suffered by the Client as a result of an attributable failure by HET KOEKEMANNETJE to fulfill its obligations under this Agreement, such liability shall in all cases be limited to the amount that will be paid out under HET KOEKEMANNETJE's corporate liability insurance policy in the case in question.
If the insurer does not pay out, the liability of HET KOEKEMANNETJE is limited to a maximum of one time the amount invoiced for the Work from which the loss has arisen, with a maximum of € 1,000.00, at least for that part of the Order to which the liability relates and with the exception of costs incurred with third parties, of that specific part of the Agreement to which the liability relates. For Orders with a lead time exceeding three months, the liability referred to in this paragraph shall be limited to a maximum of the invoice amount excluding VAT for the last three months.
THE COOKEMANNETJE is not liable for any advice or recommendations given by it to the Client. The advice, recommendations and information given by HET KOEKEMANNETJE are entirely without obligation and are given without any guarantee.
HET KOEKEMANNETJE is not liable for claims arising from the Wet Ketenaansprakelijkheid.
If HET KOEKEMANNETJE proceeds to exercise a right of suspension or dissolution on the basis of facts and/or circumstances known to it at that time, while it is subsequently irrevocably established that the exercise of this right has taken place unjustifiably, HET KOEKEMANNETJE is not liable and is not obliged to proceed to any compensation for damages.
Any claim against HET KOEKEMANNETJE, except those recognized by HET KOEKEMANNETJE, shall lapse by the mere expiration of twelve (12) months from the occurrence of the claim.
Liability General - applicable to both Consumers and Business Customers
Damage for which HET KOEKEMANNETJE may be liable will only be eligible for compensation if the Client has tried to limit it as much as possible and has notified HET KOEKEMANNETJE In Writing within 2 (two) days of the damage occurring, unless the Client can make it plausible that it could not reasonably have reported this damage earlier.
HET KOEKEMANNETJE is not liable for damages of any kind that arise because HET KOEKEMANNETJE has relied on incorrect or incomplete data or information provided by or on behalf of the Client.
HET KOEKEMANNETJE is not liable for problems that occur outside the control of HET KOEKEMANNETJE.
HET KOEKEMANNETJE is not liable for actions which the Client wishes to carry out itself within the framework of the Agreement, or which are carried out by a party other than HET KOEKEMANNETJE without the written permission of HET KOEKEMANNETJE for this.
HET KOEKEMANNETJE is not liable for infringement of patents, licenses and/or other rights of third parties through use of data provided by or on behalf of the Client.
HET KOEKEMANNETJE is never liable in case of force majeure as stipulated in Article 10 of these General Terms and Conditions.
Any limited liability provision contained in the Agreement or these General Terms and Conditions shall not apply:
- in the event of intent or deliberate recklessness on the part of the Client or (management) staff engaged by the Client; or
- in case of infringement of intellectual property rights as referred to in Article 13 of this Agreement.
By entering into an Agreement, the Client grants permission to HET KOEKEMANNETJE to process its personal data for the purpose of executing the Agreement and the administrative and management tasks of HET KOEKEMANNETJE. This personal data can only be accessed by HET KOEKEMANNETJE and in principle will not be provided to third parties, unless HET KOEKEMANNETJE is obliged or entitled to do so under the law or a court ruling.
THE COOKEMANNETJE implements appropriate technical and organizational measures to secure personal data against loss or against any form of unlawful processing. These measures, taking into account the state of the art and the cost of implementation, ensure an appropriate level of security given the risks involved in the processing and the nature of data to be protected.
If the Client is a Business Client and if HET KOEKEMANNETJE processes Personal Data on behalf of the Client, HET KOEKEMANNETJE does so as a processor of Personal Data in the sense of the General Data Protection Regulation (AVG). The Client will comply with all obligations incumbent upon it as the processor within the meaning of the AVG for this data processing and indemnifies HET KOEKEMANNETJE against any action based on failure to comply with these obligations.
If Personal Data is transported by the Client to countries outside the European Union, the Client shall indemnify HET KOEKEMANNETJE against all legal claims by third parties based on the allegation that such Personal Data is performed in violation of the provisions of the AVG.
Further information regarding the processing of personal data is published by HET KOEKEMANNETJE in its privacy statement, the most recent version of which can be consulted on its website hetkoekemannetje.nl.
In the event of Client's death, his rights and obligations shall pass to his assigns by universal title.
HET KOEKEMANNETJE is entitled to mention or remove its name on or near the Goods or Work. The Client is not permitted to publish or reproduce the name or work of HET KOEKEMANNETJE in any form whatsoever without prior Written permission.
HET KOEKEMANNETJE may mention the names of its Clients on its website, unless this is deviated from in Writing or the Client objects in principle.
If Client makes an expression about HET KOEKEMANNETJE in or on a publication, website, social media or other media, Client must adhere to the following guidelines of HET KOEKEMANNETJE:
- Transparency; Client should clearly state in its expression whether it is publishing in a personal or professional capacity.
- Respect; if Client publishes on behalf of or about HET KOEKEMANNETJE he must have obtained express prior Written permission from HET KOEKEMANNETJE to do so.
- Responsible; Client must ensure responsible use of the Information Carrier, e.g. must not use excessive use of tracking software, adware, malware or spyware.
- Professional; Client acts with the awareness that its role as Client is maintained.
- Certainty; in case of doubt, Client should consult THE COOKEMANETJE.
- Awareness; Client should be aware that expressions will remain findable indefinitely and to a large audience.
Client agrees that, as part of the execution of the Assignment, communication may include email and social media.
Client is aware that, due to the limited shielding of data over the Internet, the confidentiality of information sent via e-mail cannot be guaranteed.
These Terms and Conditions are effective as of the one day of May two thousand nineteen (01/05/2021) and are available for inspection at the offices of HET KOEKEMANNETJE.
These General Terms and Conditions will be sent to the Client with the Quotation and/or made available to the Client, or - if this is not reasonably possible - will be sent to the Client free of charge upon its first request.
These Terms and Conditions can also be accessed through the website of HET KOEKEMANNETJE hetkoekemannetje.nl.
The legal relationship between HET KOEKEMANNETJE and the Client is governed by Dutch law.
In the event of a dispute, such dispute shall be submitted to the competent court in the District of Amsterdam, unless mandatory rules of jurisdiction prevent this.
