General delivery and payment terms and conditions 4Care Nederland BV registered and with offices in Reusel/Nederland


4Care Nederland BV is a company that engages in wholesale and retail trade in women's clothing, underwear, nightwear and sportswear for ladies and gentlemen. These general terms and conditions are divided into a general section and a special section. The general section - Articles 1 to 16 - applies for all our clients. The special section - Articles 17 to 31 - applies only to distance contracts closed between 4Care Nederland BV and consumers/individuals. If the provisions in the general section of these terms and conditions are in conflict with the provisions in the special section, then the provisions in the special section apply for individuals/consumers if there is a distance agreement between a consumer/individual and 4Care Nederland BV.

Article 17: Definitions

In the special section of these terms and conditions, the following definitions are used:

1.   Additional agreement: An agreement in which the consumer acquires products, digital content and/or services in connection with a distance agreement and these goods, digital content and/or services are delivered by the entrepreneur or a third party on the basis of an arrangement between that third party and the entrepreneur;

2.   Cooling-off period: The term during which the consumer can exercise the right of withdrawal;

3.   Consumer: The natural person who not acting for purposes related to his or her commercial, trade, craft or professional activities;

4.   Day: Calendar day;

5.   Digital content: Data produced and delivered in digital form;

6.   Continuing performance agreement: An agreement that extends to the regular delivery of goods, services and/or digital content in a certain period;

7.   Long-term data carrier: Any means, including email, that allow the consumer or the entrepreneur to store information directed to him or her personally in such a way that makes future consultation and use possible during a period aligned with the purpose for which the information is intended and which makes unaltered reproduction of the stored information possible;

8.   Right of withdrawal: The consumer’s ability to cancel the distance agreement within the cooling-off period;

9.   Entrepreneur: 4Care Nederland BV;

10.   Distance agreement: An agreement closed between the entrepreneur and the consumer in the context of an organized system for selling products, digital content and/or services from a distance, whereby exclusive or partial use is made of one or more technologies for distance communication through the conclusion of the agreement;

11.   Model form for withdrawal: The European model form for withdrawal included in Appendix 1;

12.   Technology for remote communication: A means that can be used to close an agreement without the consumer and the entrepreneur having to come together in the same place at the same time.

Article 18: Identity of the Entrepreneur

4Care Nederland BV; Business and visiting address: Denestraat 18 in (5541 RL) Reusel, municipality of Reusel-De Mierden; Phone number: 0497-643236: Entrepreneur is available by phone from Monday through Thursday from 08:30 to 17:00 and on Friday from 08:30 to 12:00 and from 13:00 to 16:00; Email address: KvK number: 172029236 VAT identification number: NL001350493B01

Article 19: Applicability

1.   These general terms and conditions apply to any offer from the entrepreneur and to any distance contract concluded by the entrepreneur and the consumer.

2.   Before a distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before the distant agreement is concluded, in what way the general terms and conditions can be inspected and that they will be sent free of charge at the consumer's request.

3.   If the distance agreement is concluded electronically, the text of these general terms and conditions, in derogation of the previous section and before the distance agreement is concluded, may also be provided to the consumer electronically in such a way that the consumer can easily store them on a long-term data carrier. If this is not reasonably possible, it will be indicated, before the distant agreement is concluded, how the general terms and conditions can be inspected electronically and that they will be sent free of charge at the consumer's request, electronically or in another manner.

4.   In the event that specific product or service condition apply in addition to these general terms and conditions, the second and third paragraphs shall apply correspondingly, and in the event of conflicting terms and conditions, the consumer may always appeal to the applicable provision that is most favorable to the consumer.

Article 20: The Offer

1.   If an offer is valid for a limited period or is made subject to other conditions, this shall be expressly stated in the offer.

2.   The offer contains a full and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to make a good assessment by the consumer possible. If the entrepreneur makes use of pictures, these are a faithful portrayal of the products, services and/or digital content offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

3.   All offers contain such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.

Article 21: The Agreement

1.   Subject to the provisions in paragraph 4, the agreement is created when the consumer accepts the offer and meets the terms and conditions set for acceptance.

2.   If the consumer has accepted the offer via electronic means, the entrepreneur shall promptly confirm receipt of the acceptance of the offer via electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

3.   If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and to ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures to this end.

4.   The entrepreneur may, within the limits of the law, gather information about the consumer’s ability to fulfill the payment obligations, as well as all those facts and factors relevant to responsibly entering into the distance agreement. If on the grounds of this investigation, the entrepreneur has sound reasons not to enter into the agreement, the entrepreneur is entitled to refuse an order or request, supported by reasons, or to attach special terms and conditions to the fulfillment.

5.   No later than upon delivery of the product, service or digital content, the entrepreneur shall send the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a long-term data carrier: a. the visiting address of the entrepreneur´s establishment where the consumer can turn with complaints; b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or clear information with respect to exclusion from the right of withdrawal; c. the information about guarantees and existing after-sales services; d. the price including all taxes for the product, service or digital content, insofar as applicable the delivery costs, and the method of payment, delivery or execution of the distance agreement; e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period; f. if the consumer has a right of withdrawal, the model form for withdrawal.

6.   In case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

Article 22: Right of Withdrawal

For products:

1.   The consumer can dissolve an agreement for the purchase of a product without stating reasons during a cooling-off period of at least 14 days. The entrepreneur may ask the consumer about the reason for the withdrawal, but cannot require the consumer to state the reason(s).

2.   The cooling-off period referred to in paragraph 1 starts on the day the product is received by the consumer or by a third party designated by the consumer in advance, who is not the carrier, or: a. if the consumer has ordered multiple products in the same order: the day on which the consumer or a third party designated by the consumer has received the last product. The entrepreneur may refuse an order of multiple products with different delivery dates, provided the entrepreneur clearly informs the consumer of this prior to the order process. b. if the delivery of a product consists of different shipments or parts: the day on which the consumer or a third party designated by the consumer has received the last shipment or the last part. c. for agreements for the regular delivery of products during a given period: the day on which the consumer or a third party designated by the consumer has received the first product. For services and digital content that is not delivered on a physical carrier:

3.   The consumer can dissolve a service agreement or an agreement for delivery of digital content that is not delivered on a physical carrier without a statement of reasons during at least 14 days. The entrepreneur may ask the consumer about the reason for the withdrawal, but cannot require the consumer to state the reason(s).

4.   The cooling-off period in paragraph 3 starts on the day following the conclusion of the agreement. Extended cooling-off period for products, services and digital content that is delivered on a physical carrier in case no information is given about the right of withdrawal:

5.   If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or has not provided the model form for withdrawal, the cooling-off period expires twelve months after the end of the original cooling-off period in accordance with the cooling-off period established in the previous paragraphs of this article.

6.   If the entrepreneur provides the consumer with the information intended in the previous article within twelve months after the starting day of the original cooling-off period, the cooling-off period then expires 14 days after the day on which the consumer receives that information.

Article 23: Consumer’s Obligations during the Cooling-Off Period

1.   During the cooling-off period, the consumer shall handle the product and the packaging with care. The consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the function of the product. The guiding principle is that the consumer may only handle and inspect the product in the way in which one may do so in a shop.

2.   The consumer is only liable for the decrease in value of the product that results from the handling of the product that goes further than allowed in paragraph 1.

3.   The consumer is not liable for the decrease in value of the product if the entrepreneur has not provided the consumer with all legally required information about the right of withdrawal before or upon concluding the agreement.

Article 24: Exercising the Right of Withdrawal by the Consumer and the Related Costs

1.   If the consumer exercises the right of withdrawal, the consumer reports to the entrepreneur this within the cooling-off period by means of the model form for withdrawal.

2.   As soon as possible, but within 14 days from the day following the notification intended in paragraph 1, the consumer sends the product to the business address of the entrepreneur or delivers it to (an authorized representative of) the entrepreneur. This is not needed if the entrepreneur has offered to collect the product. The consumer has in any case observed the return period if the product is sent back before the cooling-off period has expired.

3.   The consumer sends the product back with all delivered accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions given by the entrepreneur.

4.   The risk and the burden of proof for the correct and timely exercise of the right of withdrawal falls on the consumer.

5.   The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur has indicated that the entrepreneur will bear the costs, the consumer does not bear the costs of returning the product.

6.   The consumer does not bear any costs for the full or partial delivery of digital content not stored on a physical carrier if: a. the consumer has not expressly consented, prior to the delivery, with starting performance of the agreement before the end of the cooling-off period; b. the consumer has not acknowledged loss of the right of withdrawal when giving consent; or c. the entrepreneur has neglected to confirm the consumer’s declaration.

7.   If the consumer exercises the right of withdrawal, all additional agreements are automatically dissolved.

Article 25: Entrepreneur’s Obligation upon Withdrawal

1.   If the entrepreneur makes the notification of withdrawal by electronic means possible, the entrepreneur shall promptly send a confirmation of receipt after receipt of this notification.

2.   The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, as soon as possible but within 14 days following the day on which the consumer notified the entrepreneur of the withdrawal. Unless the entrepreneur offers to collect the product, the entrepreneur can wait with the refund until having received the product or until the consumer demonstrates that the product has been sent back, whichever occurs first.

3.   The entrepreneur shall make use of the same means of payment that the consumer used for the refund, unless the consumer consents to another method. The refund is free of charge for the consumer.

4.   If the consumer opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur need not reimburse the additional costs for the more expensive method.

Article 26: Exclusion of Right of Withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly states this when making the offer or at any rate in a timely fashion before concluding the agreement:

1.   Agreements that are concluded during a public auction. A public auction is defined as a sales method whereby the entrepreneur offers products, digital content and/or services to the consumer who is personally present or has the option of being personally present at the auction under the direction of an auctioneer and whereby the successful bidder is obliged to purchase the products, the digital content and/or the services.

2.   Products manufactured in accordance with the consumer’s specifications that are not prefabricated and that are produced on the basis of a consumer’s individual choice or decision or that are clearly intended for a specific person.

3.   Sealed products that are not suitable for return due to reasons of health or hygiene and the seal of which was broken after delivery.

Article 27: The Price

1.   During the period of validity stated in the offer, the prices for the offered products and/or services shall not be raised, except for price changes due to changes in VAT rates.

2.   In derogation from the previous paragraph, the entrepreneur may offer products or services for which the prices are subject to fluctuations in the financial market and that are beyond the entrepreneur’s control, at variable prices. This tie to fluctuations and the fact that any stated prices are target prices will be stated in the offer.

3.   Price increases within 3 months after creation of the agreement are only permitted if they are the result of new legal regulations or provisions.

4.   Price increases from 3 months after the creation of the agreement are only permitted if the entrepreneur has stipulated this and: a. they are the result of legal regulations or provisions; or b. the consumer has the authority to terminate the agreement effective on the day on which the price increase starts.

Article 28: Fulfillment of Agreement and Extra Guarantee

1.   The entrepreneur guarantees that the products and/or services comply with the agreement, with the specifications stated in the offer, the reasonable requirements of soundness and/or usability and with the statutory provisions and/or government regulations existing on the day the contract is created. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

2.   An extra guarantee extended by the entrepreneur, the entrepreneur's supplier, manufacturer or importer shall never limit the rights and claims that the consumer may exercise against the entrepreneur on the grounds of the agreement if the entrepreneur falls short in the fulfillment of the entrepreneur's part of the agreement.

3.   "Extra guarantee" is understood to mean any commitment of the entrepreneur, the entrepreneur's supplier, importer or producer in which the commitment grants certain rights or claims to the consumer that go further than legally required in case the entrepreneur falls short in the fulfillment of the entrepreneur's part of the agreement.

Article 29: Delivery and Fulfillment

1.   The entrepreneur shall exercise the greatest possible care in taking and fulfilling orders for products and for assessing requests for the provision of services.

2.   The place of delivery is the address provided by the consumer to the entrepreneur.

3.   With consideration of that provided in Article 4 of these general terms and conditions, the entrepreneur shall fulfill accepted orders with proper speed but no later than within 30 days, unless another delivery period is agreed. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially filled, the consumer shall be informed about this no later than 30 days after having placed the order. The consumer in that case has the right to dissolve the agreement without charge.

4.   After dissolving the agreement in accordance with the previous paragraph, the entrepreneur shall promptly refund the payment.

5.   The risk of damage and/or loss of products will be borne by the entrepreneur until the time of delivery to the consumer or a representative designated by the consumer and made known to the entrepreneur in advance, unless expressly agreed otherwise.

Article 30: Payment

1.   Insofar as not otherwise provided in the agreement or additional terms and conditions, the amounts owed by the consumer must be satisfied within 14 days after the start of the cooling-off period, or if there is no cooling-off period, within 14 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.

2.   For the sale of products to consumers, the consumer can never be required in the general terms and conditions to a prepayment of more than 50%. If an advance payment is stipulated, the consumer cannot assert any right regarding the fulfillment of the order or service(s) in question before the stipulated advance payment has been made.

3.   The consumer has the duty to immediately report to the entrepreneur inaccuracies in the provided or stated payment information.

4.   If the consumer has not met the payment obligation(s) in a timely fashion, then after the consumer has been reminded of the late payment and the entrepreneur has granted the consumer a term of 14 days to fulfill the payment obligations, then, with the continued failure to pay within this 14-day term, the consumer owes the statutory interest over the amount due and the entrepreneur is entitled to bill to the consumer any extrajudicial collection costs. These collection costs amount to no more than: 15% over outstanding amounts up to € 2,500.00; 10% over the following € 2,500.00; and 5% over the following € 5000.00; with a minimum of € 40.00. The entrepreneur may deviate from the aforementioned amounts and percentages in favor of the consumer.

Article 31: Complaints

1.   The entrepreneur has a sufficiently announced complaints procedure and handles complaints in accordance with this complaints procedure.

2.   Complaints about the fulfillment of the agreement must be submitted to the entrepreneur in good time after the consumer has noted the defects, with a full and clear description.

3.   Complaints submitted to the entrepreneur will be responded to within a period of 14 days counting from the date of receipt. Should a complaint foreseeably require a longer time for handling, the entrepreneur shall respond within the term of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed reply.

Article 1: Applicability

1.1   In these terms and conditions, the following terms are used with the following meaning: User: 4Care, the user of these general terms and conditions; Client: The counterparty of the user, being any (legal) person who has closed or wishes to close an agreement, as applicable, with 4Care Nederland BV, including that counterparty's representative(s), proxy, beneficiary or beneficiaries, and heirs; Contract/agreement: The agreement closed between the user and the client;

1.2   These terms and conditions apply to all offers of the user and to all agreements closed with the user.

Article 2: General

2.1   These Terms and Conditions apply to any contract, offer, and agreement between the user and a client to which the user has declared these terms and conditions applicable, insofar as these general terms and conditions have not been waived, expressly and in writing. The general terms and conditions of the client do not apply and are expressly rejected.

2.2   The general terms and conditions also apply to all agreements with the user for execution where the user makes use of the services of third parties. Any deviations from these general terms and conditions are valid only if they have been expressly agreed in writing.

2.3.   If one or more of the provisions of these general terms and conditions are denied legal force, that lack of legal force will not affect the legal force of the other provisions of these general terms and conditions, and the binding force of other provisions will continue unaffected.

Article 3: Offers

3.1  All offers made by the user, in whatever form, are non-binding, unless expressly stated otherwise.

3.2   Any budgets, plans or other documents accompanying an offer shall always the property of the user and must be returned postage paid to the user at the first request. They may not be copied or shown to third parties without permission from the user.

3.3   The sending of offers and/or (other) documentation does not oblige the user to accept an order. Non-acceptance will be reported by the user as soon as possible, but in any case within 14 days, to the client.

3.4   User reserves the right to refuse orders, without a statement of reasons, or to deliver with cash on delivery and/or to require advance payment.

Article 4: Agreement

4.1   Subject to the following, an agreement with the user is first established only after the user has accepted or confirmed, as applicable, a contract, where the date of the confirmation is decisive. The contract confirmation is deemed to correctly and completely reflect the agreement, unless the client has immediately submitted a written objection.

4.2   Any additional agreements or changes made later, bind the user only if these are confirmed by the user in writing.

4.3   For transactions for which, due to their nature and size, no contract confirmation is sent, the invoice is deemed to correctly and completely reflect the agreement, except for a claim within 3 business days after the invoice date.

4.4   Each agreement is entered into by the user under the suspensive condition that the client - exclusively at the judgement of the user - appears sufficiently creditworthy for the financial fulfillment of the agreement.

4.5 User is entitled upon or after entering into the agreement, prior to (further) performance, to require security from the client that both payment and other obligations will be met.

4.6   User is authorized, if the user considers this necessary or desirable for the proper execution of the contract awarded to the user and after consultation with the client, to engage others for fulfillment of the agreement, the costs of which will be charged to the client in accordance with the stated prices.

4.7   Client is obliged to provide the user in a timely fashion with all information and documents necessary for the proper fulfillment of the agreement.

Article 5: Information and Conformity

5.1   Statements of the user regarding colors, dimensions and other characteristics are approximate and are non-binding.

5.2   Images, descriptions, catalogs, advertising material, offers and information presented on the user's website, in any form, do not bind the user.

5.3   If the products ordered by the client are intended for use outside of the Netherlands, the client must ensure that the products and the accompanying packages, manuals, etc. comply with all the requirements laid down in the country of destination. The use of the products and the conformity with the provisions of government regulations outside the Netherlands is at the risk of the client.

Article 6: Intellectual Property

6.1   All intellectual and industrial property rights with respect to the products and their design, and with respect to everything that the user develops, manufactures or supplies, including manuals, packaging, catalogs and images, rest with the user.

6.2   The client is not permitted to remove or modify any indication concerning any patents, copyrights, trademarks, trade names or other intellectual or industrial property rights from the products. It is forbidden for the client to use trademarks, logos and/or images of the products in or for the advertising of third-party products.

6.3   The intellectual property rights with respect to the user's website, its design, and the descriptions, images, pictures, video clips and other information presented on the user's website, in any form, rest with or are licensed by the user or a user-affiliated company and may not be used without written permission from the user.

Article 7: Prices

7.1   Unless stated otherwise, the user prices are: - based on delivery from the user's company to the warehouse or other storage location of the client, - exclude VAT, import duties, other taxes, charges and duties, - exclude the costs of packaging and insurance, and - listed in euros.

7.2   For deliveries with a net invoice value of up to € 200.00, the user is entitled to bill a surcharge for shipping/freight expenses.

7.3   In the event of an increase in one or more of the cost factors, the user is entitled to increase the order price accordingly, subject to the applicable statutory requirements, with the understanding that any known future price increases must be stated in the order confirmation.

Article 8: Cancellation

If the client wishes to cancel after the agreement has been established, 10% of the order price (including VAT) will be charged as a cancellation fee, without prejudice to the right of the user for full damage compensation, including loss of profits.

Article 9: Delivery

9.1   The client is obliged to check the delivery and packaging immediately upon delivery for any shortcomings and/or visible damage, or to perform this check after notification by the user that the goods are available to the client.

9.2  Any shortcomings and/or damage to the delivered items and/or packaging that are present at delivery should be noted by the client on the delivery slip, invoice and/or the shipping documents (or to have this done), failing which the client is considered to have approved the delivered goods. Claims later made in this regard will then not be handled.

9.3   User is entitled to make partial deliveries, which the user can bill separately.

9.4   Statement of the delivery time is always approximate, unless otherwise expressly agreed in writing. The agreed delivery times are never considered deadlines.

9.5   If the goods have not been accepted by the client after the delivery time, they will be stored at the disposal of the client, at the expense and risk of the client.

9.6   If the user is prevented from fulfilling the user's obligations by circumstances beyond the user's fault and risk, the user is authorized to suspend fulfillment of the agreement for the duration of the hindrance.

Article 10: Transport

10.1   The manner of transport, shipping, packaging and the like shall be determined by the user as a responsible and diligent merchant, if no other instruction has been provided by the client to the user.

10.2   Any specific requests of the client with respect to the transport or shipment will only be followed if the client has declared willingness to bear the additional costs.

10.3   User is entitled to charge for sustainable packaging materials, which will be stated on the invoice. When the user charges such a fee, it will be settled after return of such packaging in undamaged condition.

Article 11: Force majeure

11.1   "Force majeure" will be understood to mean: any circumstance that is independent of the will of the parties or unforeseeable, due to which fulfillment of the agreement can no longer be reasonably expected by the other party. Force majeure includes, but is not limited to: fire, water damage, accident or illness of personnel, disruption of operations, stagnation in transport, unforeseen problems experienced by the user in delivery or transportation, etc.

11.2   If the user is prevented by force majeure from fulfilling the agreement, the user is entitled to suspend performance of the agreement, or to dissolve the agreement in the event that the user will not be able to fulfill the agreement within 30 days of the specified delivery date. In those cases, the client is not entitled to compensation for damage, costs or interest.

11.3   If, at the start of the force majeure situation, the user has already partially fulfilled its obligations or can only partially fulfill its obligations, the user is entitled to invoice that which has already been delivered or the deliverable part separately, and the client is obliged to satisfy this invoice as it concerned a separate agreement.

11.4   The party claiming force majeure must immediately notify the other party.

Article 12: Guarantee, Claims, and Returns

12.1   User guarantees the soundness of delivered products in accordance with what the client may expect under the agreement. However, should defects occur in a product supplied by the user as a result of manufacturing and/or material defects, then the user will repair the product (or have this done), replace it in whole or in part, or pay compensation to the customer, at the choice of the user.

12.2   The guarantee is valid only with presentation of the original invoice from the user.

12.3   Defects that occur in or are (in part) the result of normal wear and tear and/or improper use fall outside the guarantee. The user is not liable for (damage resulting from) these defects.

12.4   Client must closely inspect the products immediately upon receipt. Any claims will only be handled by the user if these have reached the user in writing within 8 days immediately after delivery, with an accurate statement of the nature and the grounds for the complaint. Claims regarding invoices must also be submitted in writing, and within 21 days of the invoice date. Claims not submitted in a timely fashion within the stated term leads to loss of any right to repair, dissolution and/or damage compensation.

12.5   Any possibly founded complaint does not suspend the client's payment obligation.

12.6   Return of the delivered item, for any reason, may only occur after prior consent from the user, under conditions to be determined by the user. User reserves the right not to honor return requests. Shipping or transport and all costs incurred for returns are borne by the client. The delivered goods will always be at the risk of the client during the return process. User will only reimburse the approved transport, shipping, and other costs related to the return if it is established that there is an attributable shortcoming on the side of the user. Returns of products must always be made to the user's business address, namely: Denestraat 18 in (5541 RL) Reusel.

12.7   Products that are manufactured, developed or produced at the request of a client specifically for this client cannot be returned by the client.

12.8   After noting a defect in the delivered goods, the client is obliged to do everything to prevent or limit damage.

12.9   These provisions apply without prejudice to the rights that the consumer has under the law and which may not be waived.

Article 13: Liability

13.1   User is never liable for personal and property damage, immaterial damage, consequential damages (loss of income, stagnation damage, etc.) and other indirect damage arising from any cause, both for client and for third parties, unless there is intent or gross negligence on the side of the user.

13.2   All recommendations or notifications and statements on the website of the user about, among other things, the features of the products to be delivered by the user are entirely non-binding and are provided without warranty. User is not liable for any direct or indirect damage resulting from the provision of information and/or advice.

13.3   In all cases where a user is required to pay damage compensation, this will never exceed the invoice value (excluding VAT) of the products delivered in connection with which the damage has been caused. If the damage is covered by the user's commercial liability insurance, the damage compensation will never exceed the amount actually paid by the insurer in that particular case.

13.4   User is not liable for damage arising from or caused by (improper) use of the delivered goods.

13.5   Any claim against the user expires simply due to the passing of 12 months after the claim arises, unless the claim is acknowledged by the user.

13.6   These liability provisions apply without prejudice to the rights that a consumer has under the law and which may not be waived.

Article 14: Retention of title

14.1   Goods delivered remain the property of the user until such time as the deliveries made or work done or deliveries to be made or work to be done under the agreement are paid by the client, including interest and costs. In case of receivership, bankruptcy, suspension of payments, liquidation of the client, or death if the client is a natural person, the user is entitled to cancel in whole or in part without notice of default or judicial intervention and to recover the unpaid portion of what has been delivered. Cancellation and recovery do not prejudice the right of the user to compensation for loss or damages. In these cases, any claim of the user on the client will be immediately due and payable.

14.2   The items may be resold or used by the client in the course of normal business operations, but may not be pledged nor offered as security for a third-party claim.

14.3   As security for the proper payment of the claims of the user, for any reason, the user also obtains a possession-free pledge right - due to the existence of the claim - on all those items in which the items supplied by the user are processed or of which they are a part. The contract extended by the client and the subsequent acceptance on the side of the user apply as a private document as intended in the Law.

Article 15: Payment

15.1   Unless otherwise agreed in writing, payment must be made in cash without discount or settlement upon receipt or delivery or by means of deposit or transfer to a bank or giro account designated by the user within 30 days of the invoice date. The currency date indicated on the bank/giro account of the user is determinative and is therefore considered as the payment date.

15.2   If no timely payment is received, the client is in default toward the user without notice of default, and the client owes interest equal to 1% per (part of a) month, counting from the due date through the date of payment.

15.3   All costs related to collection, both judicial and extrajudicial, are borne by the client. These costs amount to a maximum of 15% over the outstanding amounts up to € 2,500.00; 10% over the following € 2,500.00; and 5% for the following € 5,000.00; with a minimum of € 40.00.

15.4   All payments made by the client first extend to satisfying the collection costs incurred by the user, then to the satisfaction of interest owed, and then to the payment of the longest-outstanding invoices, even if the client states that the payment relates to another claim.

15.5 In case the client: a. is declared to be in bankruptcy, enters into receivership, files a request for suspension of payments, or seizure is placed on the whole or part of the client's property, b. dies, is placed under administration or is dissolved, c. fails in any obligations resting on the client under the Law or these conditions, d. neglects to pay an invoice amount or a portion thereof within the established period, e. suspends or transfers the client's business or a substantial part thereof, including bringing the company into a prospective or existing company, or changing the purpose of the client's business, the user has the right, due only to the occurrence of one of the circumstances stated, either to dissolve the agreement or to demand the full and immediate payment of any amount owed by the client on the grounds of services provided by the user, without the need for any warning or notice of default, all without prejudice to the right for compensation for costs, damages and interests.

Article 16: Closing Provisions

16.1   The nullity or voidability of any provision of these terms and conditions or of agreements to which these terms and conditions apply shall not affect the validity of the remaining provisions. The user and client are bound to replace provisions that are null or voided with valid provisions with as much as possible the same scope as the null or voided provision.

16.2   The place of performance of the agreement is deemed to be the place where the user is located.

16.3   Exclusively Dutch law applies to all offers, agreements and the fulfillment thereof. The applicability of the Vienna Sales Convention is expressly excluded.

16.4   All disputes, including those only considered as such by one party, arising from or related to the agreement to which these terms and conditions apply or the relevant terms and conditions themselves or their explanation and implementation, of either a factual and judicial nature, shall be exclusively settled by the competent court of the District of Oost Brabant, located in 's-Hertogenbosch, the Netherlands, unless mandatory rules contravene this. By way of derogation, the user is authorized to turn to the court of the residence/place of business of the client if that residence/place of business is located outside the Netherlands. SPECIAL SECTION In addition to general terms and conditions, in the general section, the following provisions apply for consumers, being natural persons not acting in the exercise of an occupation or business, for a distance agreement. Where the provisions in this special section - which relates exclusively to consumers and to distance agreements concluded with consumers - deviate from the provisions in the general section, the provisions in this special section have priority over the provisions in the general section.