General Terms and Conditions
General Terms and Conditions Hamming van Seventer
G. Hamming trading as Hamming van Seventer (hereinafter: Hamming van Seventer) is registered with the Chamber of Commerce under number 02053144 and is located at 's-Gravelandseweg 29A (1211BN) in Hilversum, the Netherlands.
Article 1 - Definitions
1. In these general terms and conditions, the following terms are used in the following meanings, unless expressly stated otherwise:
2. Offer: Any offer to Buyer for the delivery of Products and the performance of Work by Seller, to which these terms and conditions are inextricably linked.
3. Company: The natural or legal person acting in the exercise of a profession or business.
4. Consumer: The natural person not acting in the exercise of a profession or business.
5. Buyer: The Company or Consumer who enters into an Agreement (at a distance) with Seller.
6. Agreement: The purchase agreement (at a distance) for the sale and delivery of Products purchased by Buyer from Hamming van Seventer.
7. Products: The Products offered by Hamming van Seventer are rugs and carpets.
8. Seller: The provider of Products to Buyer, hereinafter: Hamming van Seventer.
9. Work: the Work offered by Hamming van Seventer comprises all Work outside of employment, with the aim of creating and delivering a tangible product, including in any case the restoration and cleaning of Products.
Article 2 - Applicability
1. These general terms and conditions apply to every Offer from Hamming van Seventer and every Agreement between Hamming van Seventer and a Buyer, and to every Product offered by Hamming van Seventer.
2. Before an Agreement (at a distance) is concluded, the Buyer will be provided with these general terms and conditions. If this is not reasonably possible, Hamming van Seventer will indicate to the Buyer how the Buyer can consult the general terms and conditions, which are in any case published on the website of Hamming van Seventer, so that the Buyer can easily store these general terms and conditions on a durable data carrier.
3. In exceptional situations, these general terms and conditions may be deviated from if this has been explicitly agreed upon in writing with Hamming van Seventer.
4. These general terms and conditions also apply to supplementary, amended and follow-up agreements with the Buyer. Any general and/or purchase conditions of the Buyer are expressly rejected.
5. If one or more provisions of these general terms and conditions are partially or wholly void or are annulled, the remaining provisions of these general terms and conditions will remain in force and the void/annulled provision(s) will be replaced by a provision with the same purport as the original provision.
6. Uncertainties about the content, interpretation or situations not regulated in these general terms and conditions should be assessed and interpreted in the spirit of these general terms and conditions.
7. If these general terms and conditions refer to she/her, this should also be understood as a reference to he/him/his, if and insofar as applicable.
Article 3 - The Offer
1. All offers made by Hamming van Seventer are without obligation, unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the offer. An Offer only exists if it has been laid down in writing.
2. The Offer made by Hamming van Seventer is without obligation. Hamming van Seventer is only bound by the Offer if its acceptance is confirmed by the Buyer in writing within 30 days, or because the Buyer has already paid the amount due. Nevertheless, Hamming van Seventer has the right to refuse an Agreement with a potential Buyer for a reason deemed valid by Hamming van Seventer.
3. The Offer contains an accurate description of the Product offered with associated prices. The description is sufficiently detailed so that the Buyer is able to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind Hamming van Seventer. Any images and specific data in the Offer are only an indication and cannot be grounds for any compensation or the dissolution of the Agreement (at a distance). Hamming van Seventer cannot guarantee that the colours in the image exactly match the real colours of the Product.
4. Delivery times and Terms stated in Hamming van Seventer's Offer are indicative and do not entitle the Buyer to dissolution or compensation if they are exceeded, unless expressly agreed otherwise.
5. A composite quotation does not oblige Hamming van Seventer to deliver a part of the items included in the offer or Offer at a part of the stated price.
6. If and insofar as there is an offer, this does not automatically apply to back orders. Offers are only valid while stocks last, and according to the first-come, first-served principle.
7. If the Offer is based on data provided by the Buyer and this data turns out to be incomplete and/or incorrect or this data is subsequently changed, Hamming van Seventer has the right to adjust the rates, delivery times and/or prices stated in the Offer. The Buyer is obliged to accept the changed circumstances and to fulfil the stated payment obligations.
Article 4 - Formation of the Agreement
1. The Agreement is concluded when the Buyer has accepted an Offer from Hamming van Seventer by paying for or ordering the relevant Product, both online and in the physical store. The Agreement for the performance of Work is concluded when the Buyer has given written approval to Hamming van Seventer's quotation.
2. An Offer can be made by Hamming van Seventer via the website or verbally in Hamming van Seventer's store.
3. If the Buyer has accepted the Offer by concluding an Agreement with Hamming van Seventer, Hamming van Seventer will confirm the Agreement with the Buyer in writing, or at least by e-mail. If the Agreement is concluded in Hamming van Seventer's sales area, Hamming van Seventer will provide an invoice to the Buyer for confirmation.
4. If the acceptance (on minor points) deviates from the Offer, Hamming van Seventer is not bound by it.
5. Hamming van Seventer is not bound by an Offer if the Buyer could reasonably have expected or should have understood or ought to have understood that the Offer contains an obvious mistake or error. The Buyer cannot derive any rights from this mistake or error.
6. The right of withdrawal is excluded for Buyers being a Company. A Buyer being a Consumer has the right to exercise her right of withdrawal within the statutory period if she orders the Products online (via the website), unless Hamming van Seventer has already commenced the services (being the performance of the Work) with the Buyer's permission. By giving this permission, the Buyer waives her right of withdrawal.
7. If the Agreement is concluded in Hamming van Seventer's sales area (in the store), the right of withdrawal is expressly excluded for both a Buyer being a Company and a Buyer being a Consumer. This means that after the Product has been delivered to the Buyer, it cannot be returned (free of charge); the Buyer remains obliged to pay the sales price.
8. Products that cannot be returned due to (hygienic reasons, customisation, etc.) are excluded from the right of withdrawal. This is expressly stated in the Offer.
9. The Buyer is not entitled to partially cancel the Work. If the execution of the Agreement has already commenced and the Buyer cancels, the Buyer owes the price applicable for the entire work.
10. The Buyer is liable to third parties for the consequences of the cancellation and indemnifies Hamming van Seventer against any claims from third parties arising therefrom.
Article 5 - Execution of the Agreement
1. Hamming van Seventer will execute the Agreement to the best of its knowledge and ability.
2. If and insofar as a proper execution of the Agreement requires it, Hamming van Seventer has the right to have certain work performed by third parties at its own discretion.
3. The Buyer ensures that all data, which Hamming van Seventer indicates is necessary or which the Buyer can reasonably understand is necessary for the execution of the Agreement, is provided to Hamming van Seventer in a timely manner. If the data required for the execution of the Agreement has not been provided to Hamming van Seventer in a timely manner, Hamming van Seventer has the right to suspend the execution of the Agreement.
4. In the execution of the Agreement, Hamming van Seventer is not obliged or bound to follow the instructions of the Buyer if this changes the content or scope of the Agreement. If the instructions result in additional work for Hamming van Seventer, the Buyer is obliged to compensate the additional or extra costs accordingly.
5. Hamming van Seventer may require security from the Buyer, or full prepayment, before proceeding with the execution of the Agreement.
6. Hamming van Seventer is not liable for damage, of whatever nature, caused by Hamming van Seventer having relied on incorrect and/or incomplete data provided by the Buyer, unless this incorrectness or incompleteness was known to Hamming van Seventer.
7. The Buyer indemnifies Hamming van Seventer against any claims from third parties who suffer damage in connection with the execution of the Agreement and which are attributable to the Buyer.
Article 6 - Product Delivery
1. If the commencement, progress or (completion) of the Agreement is delayed because, for example, the Buyer has not provided all requested information or not in time, provides insufficient cooperation, the (down) payment has not been received by Hamming van Seventer in time or any delay occurs due to other circumstances beyond Hamming van Seventer's control, Hamming van Seventer is entitled to a reasonable extension of the (completion) period. All agreed (completion) periods are never strict deadlines. The Buyer must give Hamming van Seventer written notice of default and grant it a reasonable period to still (complete) the delivery. The Buyer is not entitled to any compensation due to the delay that has arisen.
2. The Buyer is obliged to take delivery of the goods at the moment they are made available to her according to the Agreement, even if they are offered to her earlier or later than agreed.
3. If the Buyer refuses to take delivery or is negligent in providing information or instructions necessary for delivery, Hamming van Seventer is entitled to store the goods at the expense and risk of the Buyer.
4. If the Products are delivered by Hamming van Seventer or an external carrier, Hamming van Seventer is entitled, unless otherwise agreed in writing, to charge any delivery costs. These will then be invoiced separately unless expressly agreed otherwise.
5. If Hamming van Seventer requires data from the Buyer in the context of the execution of the Agreement, the delivery period will only commence after the Buyer has made all data necessary for the execution available to Hamming van Seventer.
6. If Hamming van Seventer has specified a delivery period, this is indicative. Longer delivery periods apply for deliveries outside the Netherlands.
7. Hamming van Seventer is entitled to deliver the goods in parts, unless this has been deviated from by Agreement or the partial delivery has no independent value. Hamming van Seventer is entitled to invoice the delivered goods separately.
8. Deliveries will only be carried out if all invoices have been paid, unless expressly agreed otherwise. Hamming van Seventer reserves the right to refuse delivery if there is well-founded fear of non-payment.
Article 7 - Packaging and Transport
1. Hamming van Seventer undertakes to the Buyer to properly package and secure the goods to be delivered in such a way that they reach their destination in good condition with normal use.
2. Unless otherwise agreed in writing, all deliveries are including value-added tax (VAT), including packaging and packaging material.
3. Acceptance of goods without notes or comments on the bill of lading or receipt serves as proof that the packaging was in good condition at the time of delivery.
Article 8 - Inspection, Complaints
1. The Buyer is obliged to inspect the delivered goods at the time of (delivery), but in any case within 14 days after receipt of the delivered goods, and only to unpack or use them to the extent necessary to assess whether she will keep the Product. In doing so, the Buyer should examine whether the quality and quantity of the delivered goods correspond to the Agreement and whether the Products meet the requirements that apply to them in normal (commercial) traffic.
2. The Buyer is obliged to investigate and inform herself how the Product should be used and, for personal use, to test the Product in accordance with the instructions for use. Hamming van Seventer does not accept liability for incorrect use of the Product by the Buyer.
3. Any visible defects or shortcomings must be reported to Hamming van Seventer in writing at info@kelim.nl after delivery. The Buyer has a period of 14 days after delivery to do this. Non-visible defects or shortcomings must be reported within 14 days after discovery but no later than 6 months after delivery. If the Product is damaged due to careless handling by the Buyer herself, the Buyer is responsible for any reduction in the value of the Product.
4. If a complaint is made in time in accordance with the previous paragraph, the Buyer remains obliged to pay for the purchased goods. If the Buyer wishes to return defective goods, this will only take place with prior written permission from Hamming van Seventer in the manner indicated by Hamming van Seventer.
5. If the Consumer exercises her right of withdrawal, or if the Product is returned, she will return the Product and all accessories, insofar as reasonably possible, in their original condition and packaging to Hamming van Seventer, in accordance with Hamming van Seventer's return instructions. The direct costs for return shipments are at the expense and risk of the Buyer. If the Buyer fails to fulfill these obligations, or does not fulfill them properly, Hamming van Seventer is entitled to set off the costs of repair and cleaning against a (remaining) part of the purchase price to be credited to the Buyer.
6. Hamming van Seventer is entitled to initiate an investigation into the authenticity and condition of the returned Products before a refund will take place.
7. Refunds to the Buyer will be processed as soon as possible, but payment may take up to 30 days after receipt of the return. Refunds will be made to the previously specified bank account number.
8. If the Seller exercises her right to complain, she is not entitled to suspend her payment obligation or to set off outstanding invoices.
9. In the event of an incomplete delivery, and/or if one or more Products are missing, and this is due to Hamming van Seventer, Hamming van Seventer will, upon request from the Buyer, send the missing Product(s) or cancel the remaining order. The confirmation of receipt of the Products is leading in this respect. Any damage suffered by the Buyer as a result of the (deviating) scope of the delivery cannot be recovered from Hamming van Seventer.
Article 9 - Restoration and/or cleaning services
1. Hamming van Seventer will endeavour to carry out the restoration and/or cleaning work with the greatest possible care as may be expected from a good contractor. All Work is carried out on the basis of a best-efforts obligation, unless a result that is extensively described has been explicitly and in writing agreed upon. In no event does Hamming van Seventer guarantee that the Work performed and/or the goods delivered by it are suitable for the purpose intended by the Buyer.
2. The scope of the execution of the Work extends to what has been explicitly agreed upon by the parties. Hamming van Seventer will inform the Buyer of all circumstances that may affect (the availability of) the maintenance. If the dimensions of the Products to be restored provided by the Buyer are incorrect, Hamming van Seventer will send a new quotation which the Buyer must agree to. If the Buyer has not yet agreed to the new quotation, Hamming van Seventer is entitled to suspend the Work until the Buyer has given her approval.
3. Hamming van Seventer is entitled to engage third parties for the performance of the Work at its own discretion.
4. Hamming van Seventer does not guarantee complete removal of stains on Products caused by, among other things, coffee, tea, wine, pets and/or stains caused by the use of bleach and/or other cleaning agents by the Buyer. Hamming van Seventer also cannot guarantee that the stains will not worsen due to cleaning.
5. In the event of cancellation by the Buyer less than 48 hours before the scheduled appointment, the Buyer owes costs for hired employees as well as reasonable compensation for Hamming van Seventer's lost hours.
Article 10 - Additional and reduced work and changes
1. If, during the Works, it appears that the Agreement needs to be adjusted and/or supplemented, or (at the request of the Buyer) further work is required to achieve the desired result for the Buyer, the Buyer is obliged to reimburse for this additional Work according to the agreed (hourly) rate, and additional material costs. Hamming van Seventer is not obliged to comply with this request and may require the Buyer to conclude an additional Agreement for this purpose.
2. If a fixed price has been agreed for the Works, Hamming van Seventer will inform the Buyer of the additional costs or financial consequences of the additional work.
3. If and insofar as a fixed price has been agreed for the performance of certain Works, and the performance of those Works leads to extra Work that cannot reasonably be deemed to be included in the fixed price, or the price needs to be increased due to incorrect data provided by the Buyer that are relevant for the price determination (unless Hamming van Seventer should have discovered the inaccuracy of the data before determining the price), Hamming van Seventer is entitled to charge these costs to the Buyer, after consultation with the Buyer. If the Buyer, or an authorised employee of the Buyer, is not present at the location, Hamming van Seventer is entitled to either suspend its work or perform the work deemed necessary in its professional opinion, the costs of which will be borne by and at the risk of the Buyer.
4. In the event of hidden defects, or at least unforeseen circumstances, Hamming van Seventer is entitled to charge extra costs if these circumstances lead to additional work.
5. Price changes due to changes in the Agreement, or based on laws and regulations, must be reimbursed by the Buyer.
Article 11 - Completion of Works
1. If the commencement, progress or (completion) of the work is delayed because, for example, the Buyer has not provided all requested information or not in time, provides insufficient cooperation, the (down) payment has not been received by Hamming van Seventer in time, or due to other circumstances which are for the account and risk of the Buyer, Hamming van Seventer is entitled to a reasonable extension of the (completion) period. All agreed (completion) periods are never strict deadlines.
2. All damage and additional costs resulting from delay due to a cause mentioned in paragraph 1 are for the account and risk of the Buyer and may be charged to the Buyer by Hamming van Seventer.
3. Hamming van Seventer will endeavour to realise the Works within the agreed period, insofar as this can reasonably be expected of it.
4. If working days are mentioned, this refers to all (workable) calendar days with the exception of recognised national holidays and weekends.
5. The Buyer has an independent responsibility for the management, use and maintenance of the items made and/or (completed) by Hamming van Seventer.
6. If Hamming van Seventer has indicated that the work is ready for completion and the Buyer does not inspect the work within a reasonable period and accepts it, whether or not with reservations, or takes it into use, processes it or has it processed, the Buyer is deemed to have implicitly accepted the work. Minor defects that can be repaired during the maintenance period are no reason not to accept the completed work if this does not impede its commissioning. After acceptance, the work is considered completed. The Buyer must also collect the Products from Hamming van Seventer when they are ready for completion.
7. After completion, the work is at the risk of the Buyer. Therefore, the Buyer remains liable for the price, regardless of the destruction or deterioration of the work due to a cause not attributable to Hamming van Seventer.
8. Hamming van Seventer is not liable for defects that the Buyer should reasonably have discovered at the time of completion, except in case of intent or deliberate recklessness on the part of Hamming van Seventer.
9. Hamming van Seventer is entitled to deliver and/or perform the work in parts, whereby each partial delivery and/or partial performance can be invoiced separately.
Article 12 - Prices
1. During the validity period of the Offer, the prices of the offered Products will not be increased, except in the event of changes in VAT rates.
2. The prices stated in the Offer include VAT, unless expressly stated otherwise.
3. The prices mentioned in the Offer are based on the cost factors applicable at the time of concluding the Agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes.
4. If there are Products or raw materials for which there are price fluctuations on the financial market and over which Hamming van Seventer has no influence, Hamming van Seventer may offer these Products with variable prices. The Offer will state that the prices are indicative and may fluctuate.
5. Hamming van Seventer performs the Works according to the agreed rate. The rate generally includes costs for auxiliary and cleaning materials, unless explicitly agreed otherwise. If it has been agreed that the hourly rate is the price excluding the costs for auxiliary and cleaning materials, the costs of the actually used items will be charged separately to the Buyer. The Buyer must fully reimburse these costs, which are calculated based on post-calculation.
6. The Buyer cannot derive any rights or expectations from a pre-issued estimate, unless the parties have expressly agreed otherwise.
Article 13 - Payment and collection policy
1. Payment should preferably be made in advance in the invoiced currency via the specified method.
2. The Buyer cannot derive any rights or expectations from a pre-issued estimate, unless the parties have expressly agreed otherwise.
3. The Buyer must make a one-time payment to the account number and details of Hamming van Seventer that have been made known to him. Parties can only agree on a different payment term after explicit and written permission from Hamming van Seventer.
4. Parties may agree that the Buyer must pay an advance. If an advance has been agreed, the Buyer must pay the advance before the execution of the Works commences.
5. In case of liquidation, bankruptcy, attachment or suspension of payments of the Buyer, the claims of Hamming van Seventer on the Buyer are immediately due and payable.
6. Hamming van Seventer has the right to have the payments made by the Buyer first go towards the costs, then towards the accrued interest and finally towards the principal sum and the current interest. Hamming van Seventer may, without thereby being in default, refuse an offer of payment if the Buyer designates a different order for allocation. Hamming van Seventer may refuse full repayment of the principal sum if the accrued and current interest as well as the costs are not also paid.
7. If the Buyer fails to meet its payment obligation and has not fulfilled its obligation within the stipulated payment period of 14 days, the Buyer, being a Company, is in default. A Buyer being a Consumer will first receive a written reminder with a term of 14 days after the date of the reminder to still fulfil the payment obligation, with an indication of the extrajudicial costs if the Consumer does not meet its obligations within that term, before becoming in default.
8. From the date that the Buyer is in default, Hamming van Seventer will, without further notice of default, claim the statutory (commercial) interest from the first day of default until full payment and reimbursement of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the scale from the decision on compensation for extrajudicial collection costs of 1 July 2012.
9. If Hamming van Seventer has incurred more or higher costs that are reasonably necessary, these costs will be eligible for reimbursement. The incurred judicial and execution costs are also for the account of the Buyer.
Article 14 - Retention of title
1. All goods supplied by Hamming van Seventer remain the property of Hamming van Seventer until the Buyer has fulfilled all subsequent obligations arising from all Agreements concluded with Hamming van Seventer.
2. The Buyer is not authorised to pledge or otherwise encumber the goods subject to retention of title if ownership has not yet been fully transferred.
3. If third parties levy an attachment on the goods delivered under retention of title or wish to establish or assert rights thereon, the Buyer is obliged to inform Hamming van Seventer as soon as can reasonably be expected.
4. In the event that Hamming van Seventer wishes to exercise its property rights referred to in this article, the Buyer hereby gives unconditional and irrevocable permission and authorisation to Hamming van Seventer or third parties to be designated by it to enter all places where Hamming van Seventer's properties are located and to take back those goods.
5. Hamming van Seventer has the right to retain the Product(s) purchased by the Buyer if the Buyer has not yet (fully) fulfilled its payment obligations, despite an obligation for transfer or delivery by Hamming van Seventer. After the Buyer has fulfilled its obligations, Hamming van Seventer will endeavour to deliver the purchased Products to the Buyer as soon as possible, but no later than within 20 working days.
6. Costs and other (consequential) damages as a result of retaining the purchased Products will be borne by and at the risk of the Buyer and will be reimbursed by the Buyer to Hamming van Seventer upon first request.
Article 12 - Warranty
1. Hamming van Seventer warrants that the Products comply with the Agreement, the specifications stated in the offer, usability and/or soundness and the legal rules/regulations at the time of the conclusion of the Agreement. This also applies if the goods to be delivered are intended for use abroad and the Buyer has explicitly informed the Seller in writing of this use at the time of entering into the Agreement.
2. Hamming van Seventer guarantees a proper execution of the Works, so that a maximum effect is achieved.
3. Hamming van Seventer does not guarantee that the stains as indicated in article 9 paragraph 4 can be completely removed.
Article 13 - Suspension and dissolution
1. Hamming van Seventer is authorised to suspend the fulfilment of obligations or to dissolve the Agreement if the Buyer fails to fulfil its (payment) obligations from the Agreement fully or at all.
2. Furthermore, Hamming van Seventer is authorised to dissolve the Agreement existing between it and the Buyer, insofar as it has not yet been executed, without judicial intervention, if the Buyer fails to fulfil its obligations arising from any Agreement concluded with Hamming van Seventer in a timely or proper manner.
3. Furthermore, Hamming van Seventer is authorised to dissolve the Agreement (or have it dissolved) without prior notice of default if circumstances arise that are of such a nature that fulfilment of the Agreement is impossible or can no longer be reasonably demanded according to standards of reasonableness and fairness, or if other circumstances arise that are of such a nature that unchanged maintenance of the Agreement cannot reasonably be expected.
4. If the Agreement is dissolved, the claims of Hamming van Seventer on the Buyer are immediately due and payable. When Hamming van Seventer suspends the fulfilment of the obligations, it retains its claims under the law and the Agreement.
5. Hamming van Seventer always reserves the right to claim damages.
Article 14 - Limitation of liability with regard to product sales
1. If the performance of the Agreement by Hamming van Seventer leads to liability of Hamming van Seventer towards the Buyer or third parties, that liability is limited to the costs charged by Hamming van Seventer in connection with the Agreement, unless the damage was caused by intent or gross negligence. The liability of Hamming van Seventer is in any case limited to the amount of damage that the insurance company maximally pays out per event per year.
2. Hamming van Seventer is not liable for consequential damage, indirect damage, loss of profit and/or suffered loss, missed savings and damage as a result of the use of the delivered Products. For Consumers, a limitation applies in accordance with what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
3. Hamming van Seventer is not liable for and/or obliged to repair damage caused by the use of the Product.
4. Hamming van Seventer is not liable for damage that is or may be the result of any act or omission based on (incomplete and/or incorrect) information on the website(s) or from linked websites.
5. Hamming van Seventer is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for any reason whatsoever.
6. Hamming van Seventer does not guarantee a correct and complete transmission of the content of and by/on behalf of Hamming van Seventer sent e-mail, nor for its timely receipt.
7. All claims of the Buyer due to shortcomings on the part of Hamming van Seventer lapse if these are not reported in writing and with reasons to Hamming van Seventer within one year after the Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. All claims of the Buyer lapse in any case one year after the termination of the Agreement.
Article 15 - Limitation of liability Works
1. If any result established in the Agreement is not achieved, a shortcoming of Hamming van Seventer is only deemed to exist if Hamming van Seventer has expressly promised this result when accepting the Agreement.
2. If there is an attributable shortcoming of Hamming van Seventer, Hamming van Seventer is only obliged to pay any compensation if the Client has given Hamming van Seventer notice of default within 14 days after discovering the shortcoming and Hamming van Seventer has subsequently not remedied this shortcoming within a reasonable period. The notice of default must be submitted in writing and contain a sufficiently accurate description/substantiation of the shortcoming, so that Hamming van Seventer is able to respond adequately.
3. If the performance of Works by Hamming van Seventer leads to liability of Hamming van Seventer, that liability is limited to the total amount invoiced within the framework of the Agreement, but only with regard to the direct damage suffered by the Client, unless the damage is the result of intent or gross negligence on the part of Hamming van Seventer. Direct damage means: reasonable costs incurred to limit or prevent direct damage, the determination of the cause of the damage, the direct damage, the liability and the method of repair.
4. Hamming van Seventer explicitly excludes all liability for consequential damage. Hamming van Seventer is not liable for consequential damage, indirect damage, business damage, loss of profit and/or suffered loss, missed savings, damage due to business interruption, financial losses, delay damage, interest damage and immaterial damage.
5. Hamming van Seventer is not liable if incidents and/or accidents occur at the Client's location resulting in any (physical) injury to the Client or third parties present at the same location during the Works.
6. If the Client provides Hamming van Seventer with specific auxiliary and cleaning materials, all damage caused by the use of these items will be borne by and at the risk of the Client.
7. Hamming van Seventer does not guarantee a correct and complete transmission of the content of and by/on behalf of Hamming van Seventer sent e-mail, nor for its timely receipt.
9. All claims of the Client due to shortcomings on the part of Hamming van Seventer lapse if these are not reported in writing and with reasons to Hamming van Seventer within one year after the Client was aware or could reasonably have been aware of the facts on which it bases its claims. One year after the termination of the Agreement between the parties, the liability of Hamming van Seventer expires.
Article 16 - Force majeure
1. Hamming van Seventer is not liable if it cannot fulfil its obligations under the Agreement due to a situation of force majeure, nor can it be held to fulfil any obligation if it is hindered by a circumstance that is not due to its fault and is not for its account under the law, a legal act or generally accepted views.
2. Force majeure shall in any case mean, but is not limited to, what is understood as such in law and jurisprudence, (i) force majeure of suppliers of Hamming van Seventer, (ii) improper fulfillment of obligations by suppliers prescribed or recommended by the Buyer to Hamming van Seventer, (iii) defects in goods, equipment, software, or materials of third parties, (iv) government measures, (v) power outages, (vi) failure of internet, data network and telecommunication facilities (e.g., due to cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes at Hamming van Seventer's company, and (xi) other situations that, in Hamming van Seventer's opinion, are beyond its control and temporarily or permanently prevent the fulfillment of its obligations.
3. Hamming van Seventer has the right to invoke force majeure if the circumstance preventing (further) fulfillment occurs after Hamming van Seventer should have fulfilled its obligation.
4. During the period that the force majeure continues, parties may suspend the obligations arising from the Agreement. If this period lasts longer than two months, either party is entitled to dissolve the Agreement without any obligation to pay damages to the other party.
5. Insofar as Hamming van Seventer has already partially fulfilled its obligations under the Agreement or will be able to fulfill them at the time of the occurrence of force majeure, and the fulfilled or yet-to-be-fulfilled part has independent value, Hamming van Seventer is entitled to invoice the already fulfilled or yet-to-be-fulfilled part separately. The Buyer is obliged to pay this invoice as if it were a separate Agreement.
Article 17 - Transfer of risk
The risk of loss or damage to the Products that are the subject of the Agreement transfers to the Buyer, being a company, at the moment the goods leave Hamming van Seventer's warehouse. For Consumers, the aforementioned risk transfers to the Buyer when the Products have been delivered into the Buyer's possession. This is the case if the Products have been delivered to the Buyer's delivery address.
Article 18 - Privacy, data processing and security
1. Hamming van Seventer handles the (personal) data of the Buyer and website visitors with care. If requested, Hamming van Seventer will inform the data subject about this.
2. If Hamming van Seventer is required to provide information security based on the Agreement, this security will comply with the agreed specifications and a security level that is not unreasonable considering the state of the art, the sensitivity of the data, and the associated costs.
Article 19 - Complaints
1. If the Buyer is not satisfied with Hamming van Seventer's Products and/or has complaints about the (execution of the) Agreement, the Buyer is obliged to report these complaints as soon as possible, but no later than 14 calendar days after the relevant event that led to the complaint. Complaints can be reported via info@kelim.nl with the subject "Complaint".
2. The complaint must be sufficiently substantiated and/or explained by the Buyer for Hamming van Seventer to be able to process the complaint.
3. Hamming van Seventer will respond substantively to the complaint as soon as possible, but no later than 14 calendar days after receiving the complaint.
4. Parties will try to reach a solution together.
Article 20 - Applicable law
1. Dutch law applies to every Agreement between Hamming van Seventer and the Buyer. The applicability of the (CISG) Vienna Sales Convention is explicitly excluded.
2. In case of interpretation of the content and purport of these general terms and conditions, the Dutch text thereof shall always be decisive. Hamming van Seventer has the right to unilaterally amend these general terms and conditions.
3. All disputes, arising from or in connection with the Agreement between Hamming van Seventer and the Buyer, shall be settled by the competent court Midden-Nederland, location Utrecht, unless provisions of mandatory law lead to the jurisdiction of another court.
Hilversum, 11 November 2020