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Terms and Conditions

Definitions

  1. Details Rotterdam: Details Rotterdam, established in Rotterdam under Chamber of Commerce no. 24408710.
  2. Customer: the person with whom Details Rotterdam has entered into an agreement.
  3. Parties: Details Rotterdam and customer together.
  4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of delivery conditions

  1. These terms of delivery apply to all activities, orders, agreements and deliveries of services or products by or on behalf of Details Rotterdam.
  2. The parties can only deviate from these terms of delivery if they have expressly agreed to this in writing.
  3. The parties expressly exclude the applicability of additional and/or deviating general and/or delivery conditions of the customer or of third parties.

Consequences of not paying on time

  1. If the customer does not pay within the agreed term, Details Rotterdam is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the customer is in default. , where part of a month is counted as a whole month.
  2. When the customer is in default, he is also due to pay extrajudicial collection costs and any compensation to Details Rotterdam.
  3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
  4. If the customer does not pay on time, Details Rotterdam may suspend its obligations until the customer has fulfilled his payment obligation.
  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of Details Rotterdam against the customer are immediately due and payable.
  6. If the customer refuses to cooperate with the execution of the agreement by Details Rotterdam, he is still obliged to pay the full agreed price to Details Rotterdam.

Right of advertising

  1. As soon as the customer is in default, Details Rotterdam is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
  2. Details Rotterdam invokes the right of recovery by means of a written or electronic communication.
  3. As soon as the customer has been informed of the invoked right of recovery, the customer must immediately return the products to which this right relates to Details Rotterdam, unless the parties make other agreements about this.
  4. The costs of returning or returning the products are the responsibility of the customer.

Right of withdrawal

  1. A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
    • the product has not been used
    • it is not a product that can spoil quickly, such as food or flowers
    • it is not a product specially tailored or modified for the consumer
    • it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
    • the seal of the delivered goods is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
    • the product is not a journey, transport ticket, catering assignment or form of leisure activity
    • the product is not a loose magazine or newspaper
    • it does not concern an (order for) urgent repair
    • the consumer has not waived his right of withdrawal
  2. The cooling-off period of 14 days as referred to in paragraph 1 commences:
    • on the day after the consumer has received the last product or part of 1 order
    • as soon as the consumer has received the first product with a subscription
    • as soon as the consumer has purchased a service for the first time
    • as soon as the consumer has confirmed that he will purchase digital content via the internet
  3. The consumer can make his appeal to the right of withdrawal known via info@Details Rotterdam.nl, if desired using the withdrawal form that can be downloaded from the website of Details Rotterdam, https://Details Rotterdam Koffie.nl.
  4. The consumer is obliged to return the product to Details Rotterdam within 14 days after notification of his right of withdrawal, failing which his right of withdrawal will lapse.

Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the entire order will be borne by the consumer.

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

right of retention

  1. Details Rotterdam can invoke its right of retention and in that case keep products of the customer until the customer has paid all outstanding invoices with regard to Details Rotterdam, unless the customer has provided sufficient security for those costs.
  2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Details Rotterdam.
  3. Details Rotterdam is never liable for any damage that the customer may suffer as a result of using his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt to Details Rotterdam against a claim against Details Rotterdam.

Retention of title

  1. Details Rotterdam remains the owner of all delivered products until the customer has fully fulfilled all his payment obligations towards Details Rotterdam, including claims for failure to comply with the agreement.
  2. Until that time, Details Rotterdam can at all times invoke its retention of title and take back the goods.
  3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
  4. If Details Rotterdam invokes its retention of title, the agreement is deemed to have been dissolved and Details Rotterdam has the right to claim compensation, lost profit and interest.

Delivery

  1. Delivery takes place while stocks last.
  2. Delivery takes place at Details Rotterdam, unless the parties have agreed otherwise.
  3. Delivery of products ordered online takes place at the address indicated by the customer.
  4. If the agreed amounts are not paid or not paid on time, Details Rotterdam has the right to suspend its obligations until the agreed part has been paid.
  5. In the event of late payment, there is creditor default, with the result that the customer cannot invoke a late delivery against Details Rotterdam.

Delivery time

  1. The delivery times specified by Details Rotterdam are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
  2. The delivery time starts at the moment that the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) from Details Rotterdam.
  3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Details Rotterdam cannot deliver within 14 days after being demanded to do so in writing or the parties have agreed otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Delivery on demand

If the customer has agreed delivery on call with Details Rotterdam, and the customer has not taken delivery of the goods within the agreed term without being entitled to do so, or, in the absence of an agreed term, not within 3 (three) months after the report of completion, Details may Rotterdam to cancel or dissolve the agreement concluded with the customer, without Details Rotterdam being or being able to pay any compensation and without prejudice to the right of Details Rotterdam to recover all damage suffered or to be suffered as a result from the customer. , who is obliged to compensate this damage to Details Rotterdam.



Delivery and transfer of risk

The risk of loss, damage or depreciation of a purchased item passes to the customer at the moment when the item is brought into the customer's control.

Transportation costs

Transport costs are for the account of the customer, unless the parties have agreed otherwise.

Packaging and shipping

  1. If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarding agent or delivery person before receiving the product, failing which Details Rotterdam cannot be held liable for possible damage.
  2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to Details Rotterdam prior to transport, failing which Details Rotterdam cannot be held liable for any damage.

custody

  1. If the customer does not purchase ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
  2. Any additional costs as a result of premature or late purchase of products are entirely for the account of the customer.

Guarantee

  1. The warranty with regard to products only applies to defects caused by faulty manufacturing, construction or material.
  2. The guarantee does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties passes to the customer at the moment when they are legally and/or actually delivered, or at least come under the control of the customer or of a third party. third party who receives the product on behalf of the customer.

disclaimer

The customer indemnifies Details Rotterdam against all third-party claims related to the products and/or services supplied by Details Rotterdam.

disclaimer

  1. The customer must examine a product or service provided by Details Rotterdam as soon as possible for possible shortcomings.
  2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Details Rotterdam of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
  3. Consumers must inform Details Rotterdam of this within 2 months after the discovery of the shortcomings.
  4. The customer provides a description of the shortcoming that is as detailed as possible, so that Details Rotterdam is able to respond adequately.
  5. The customer must demonstrate that the complaint relates to an agreement between the parties.
  6. If a complaint relates to ongoing work, this can in any case not lead to Details Rotterdam being obliged to perform other work than has been agreed.

Notice of default

  1. The customer must notify Details Rotterdam of any notice of default in writing.
  2. It is the responsibility of the customer that a notice of default actually reaches Details Rotterdam (in time).

Joint and several liability customer

If Details Rotterdam enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts they owe to Details Rotterdam under that agreement.

Liability Details Rotterdam

  1. Details Rotterdam is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
  2. If Details Rotterdam is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
  3. Details Rotterdam is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
  4. If Details Rotterdam is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment of the damage amount by an insurance company, the liability is limited to the (part of the) invoice amount on which the liability relates.
  5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Any right of the customer to compensation from Details Rotterdam expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.

Right to dissolution

  1. The customer has the right to dissolve the agreement if Details Rotterdam imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
  2. If the fulfillment of the obligations by Details Rotterdam is not permanently or temporarily impossible, dissolution can only take place after Details Rotterdam is in default.
  3. Details Rotterdam has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if Details Rotterdam has become aware of circumstances that give it good grounds to fear that the customer will obligations will not be properly fulfilled.

Force majeur

  1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of Details Rotterdam in the fulfillment of any obligation towards the customer cannot be attributed to Details Rotterdam in a situation independent of the will of Details Rotterdam, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from Details Rotterdam.
  2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
  3. If a force majeure situation arises as a result of which Details Rotterdam cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until Details Rotterdam can meet them again.
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
  5. Details Rotterdam does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantages as a result of the force majeure situation.

Change of the agreement

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

Change of delivery conditions

  1. Details Rotterdam is entitled to change or supplement these terms of delivery.
  2. Changes of minor importance can be made at any time.
  3. Details Rotterdam will discuss major substantive changes with the customer in advance as much as possible.
  4. A consumer is entitled to terminate the agreement in the event of a substantial change to the terms of delivery.

Transfer of rights

  1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Details Rotterdam.
  2. This provision applies as a clause with property law effect as referred to in Article 3:83, paragraph 2 of the Dutch Civil Code.

Consequences nullity or voidability

  1. If one or more provisions of these terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
  2. In that case, a provision that is void or voidable will be replaced by a provision that comes closest to what Details Rotterdam had in mind when drawing up the conditions on that point.

Applicable law and competent court

  1. These terms and conditions of delivery and any agreement between the parties are exclusively governed by Dutch law.
  2. The Dutch court in the district where Details Rotterdam is located has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law prescribes otherwise.

Applicability of delivery conditions

These terms of delivery are applicable since March 15, 2023.