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General Terms and Conditions
Article 1 - Definitions
These terms and conditions will refer to the following definitions:
- Consumer/Other Party: the natural person whose action is not within the course of a profession or business and who enters into an distance contract with the trader;
- Day: calendar day;
- Extended duration transaction: a distance contract that relates to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
- Durable medium: every means that enables the consumer or trader to store information that is addressed to him in person in a way that facilitates future consultation and unaltered reproduction of the stored information;
- Distance contract: a contract whereby sole use is made of one or more techniques for distance communication within the framework of a system organized by the trader for the distance sale of products and/or services, up to and including the moment that the contract is concluded;
- Technique for distant communication: means that can be used for concluding a contract, without the consumer and trader being in the same place at the same time.
Business Identity
All Over Piercings
Adresgegevens:
Keesomstraat 14B
1821 BSAlkmaar
072-7370119
info@alloverpiercingspro.com
Chamber of Commerce number: 70852588
VAT number: NL002074031B86
Applicability
1. These general terms and conditions apply to every offer made by the trader and to every distance contract that is realized between the trader and a consumer.
2. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, that the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.
4. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
Offers
1. All quotations and offers from All Over Piercings Professional are without obligation, unless a term for acceptance is stated in the quotation. A quotation or offer expires if the product to which the quotation or offer relates is no longer available in the meantime.
2. All Over Piercings Professional cannot be held to its quotations or offers if the Consumer can reasonably understand that the quotations or offers, or any part thereof, contain an obvious mistake or error.
3. The prices stated in a quotation or offer are exclusive of VAT and other government levies, any costs to be incurred in the context of the agreement, including travel and accommodation, shipping and administration costs, unless stated otherwise.
4. If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or offer, All Over Piercings Professional is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless All Over Piercings Professional indicates otherwise.
5. A composed quotation does not oblige All Over Piercings Professional to perform part of the assignment for a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders.
Contract terms, delivery terms, execution and adjusting the contract
1. The agreement between All Over Piercings Professional and the Consumer is entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or if the parties explicitly agree otherwise in writing.
2. If a term has been agreed or stated for the completion of certain activities or for the delivery of certain goods, this is never a strict deadline. If a term is exceeded, the Consumer must therefore give All Over Piercings Professional written notice of default. All Over Piercings Professional must be offered a reasonable term to still execute the agreement.
3. If All Over Piercings Professional requires information from the Consumer for the implementation of the agreement, the implementation period does not commence until after the Consumer has made it available correctly and completely to All Over Piercings Professional.
4. The Consumer is obliged to purchase the goods when they are made available to it. If the Consumer refuses or is negligent in providing information or instructions that are necessary for the delivery, All Over Piercings Professional is entitled to store the goods at the expense and risk of the Consumer.
5. All Over Piercings Professional has the right to have certain activities performed by third parties.
6. All Over Piercings Professional is entitled to execute the agreement in different phases and to invoice the thus executed part separately.
7. If the agreement is executed in phases, All Over Piercings Professional can suspend the execution of those parts that belong to a following phase until the Consumer has approved the results of the preceding phase in writing.
8. If during the execution of the agreement it appears that it is necessary for a proper execution thereof to change or supplement it, then the parties will proceed to adapt the agreement in good time and in mutual consultation. If the nature, scope or content of the agreement, whether or not at the request or direction of the Consumer, of the competent authorities, etc., is changed and the agreement is changed in terms of quality and / or quantity as a result, this may also have consequences. for what was originally agreed. As a result, the originally agreed amount can be increased or decreased. All Over Piercings Professional will provide a quotation in advance as much as possible. The originally stated term of execution may also be changed by an amendment to the agreement. The Consumer accepts the possibility of amending the agreement, including the change in price and term of execution.
9. If the agreement is changed, including an addition, then All Over Piercings Professional is entitled to implement it only after approval has been given by the person authorized within All Over Piercings Professional and the Consumer has agreed to the execution price and other conditions, including the time to be determined at that time when it will be implemented. Not or not immediately executing the amended agreement does not constitute default on the part of All Over Piercings Professional and is also no ground for the Consumer to terminate the agreement. Without being in default, All Over Piercings Professional can refuse a request to change the agreement, if this could have consequences in terms of quality and / or quantity, for example for the work to be performed or goods to be delivered in that context.
10. If the Consumer should be in default in the proper fulfillment of what it is obliged to do towards All Over Piercings Professional, then the Consumer is liable for all damage (including costs) on the part of All Over Piercings Professional as a result, directly or indirectly. originate.
11. If All Over Piercings Professional agrees on a fixed price with the Consumer, All Over Piercings Professional is nevertheless at all times entitled to increase this price without the Consumer being entitled to terminate the agreement for that reason, if the increase in the price arises from a power or obligation under the law or regulations or is caused by an increase in the price of raw materials, wages, etc. or on other grounds that could not reasonably have been foreseen when the agreement was entered into.
12. If the price increase other than as a result of an amendment to the agreement amounts to more than 10% and takes place within three months after the conclusion of the agreement, then only the Counterparty that can rely on Title 5 Section 3 of Book 6 of the Dutch Civil Code entitled to dissolve the agreement by means of a written statement, unless All Over Piercings Professional is then still willing to execute the agreement on the basis of what was originally agreed, or if the price increase arises from an authority or an obligation resting on All Over Piercings Professional under the law or if it is stipulated that the delivery will take place longer than three months after the purchase.
Suspension, dissolution and early termination of the agreement
1. All Over Piercings Professional is authorized to suspend the fulfillment of the obligations or to dissolve the agreement if:
the Consumer does not, not fully or not timely fulfill its obligations under the agreement;
after the conclusion of the agreement All Over Piercings Professional becomes aware of circumstances that give good reason to fear that the Consumer will not fulfill its obligations;
the Counterparty at the conclusion of the requested party is to provide security for the fulfillment of its obligations under the agreement and this security is not provided or is insufficient;
If, due to the delay on the part of the Consumer, All Over Piercings Professional can no longer be expected to fulfill the agreement under the originally agreed conditions, All Over Piercings Professional is entitled to dissolve the agreement.
2. Furthermore, All Over Piercings Professional is authorized to dissolve the agreement if circumstances arise of such a nature that fulfillment of the agreement is impossible or if otherwise circumstances arise that are of such a nature that unaltered maintenance of the agreement cannot reasonably be expected. All Over Piercings Professional can be required.
3. If the agreement is dissolved, the claims of All Over Piercings Professional on the Consumer are immediately due and payable. If All Over Piercings Professional suspends the fulfillment of the obligations, it retains its rights under the law and agreement.
4. If All Over Piercings Professional proceeds to suspension or dissolution, it is in no way obliged to compensate damage and costs arising in any way.
5. If the dissolution is attributable to the Consumer, All Over Piercings Professional is entitled to compensation for the damage, including the costs, caused directly and indirectly.
6. If the Consumer does not fulfill its obligations arising from the agreement and this non-compliance justifies dissolution, All Over Piercings Professional is entitled to dissolve the agreement immediately and with immediate effect without any obligation on its part to pay any compensation or compensation, while the Consumer is obliged to pay compensation or compensation on account of breach of contract.
7. If the agreement is terminated prematurely by All Over Piercings Professional, All Over Piercings Professional will, in consultation with the Consumer, arrange for the transfer of work still to be performed to third parties. This unless the cancellation is attributable to the Consumer. If the transfer of the work for All Over Piercings Professional entails additional costs, these will be charged to the Consumer. The Consumer is obliged to pay these costs within the specified period, unless All Over Piercings Professional indicates otherwise.
8. In the event of liquidation, of (application for) suspension of payments or bankruptcy, of attachment - if and insofar as the attachment is not lifted within three months - at the expense of the Consumer, of debt rescheduling or another circumstance that prevents the Consumer can freely dispose of its assets for longer, All Over Piercings Professional is free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation on its part to pay any compensation or compensation. The claims of All Over Piercings Professional on the Consumer are in that case immediately due and payable.
9. If the Consumer cancels a placed order in whole or in part, the items ordered or prepared for this, plus any supply and delivery costs thereof and the working time reserved for the execution of the agreement, will be fully charged to the Consumer are being brought.
Force Majeur
1. All Over Piercings Professional is not obliged to fulfill any obligation towards the Consumer if he is prevented from doing so as a result of a circumstance that is not attributable to fault, and neither under the law, a legal act or generally accepted views. is at his expense.
2. In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this respect in law and jurisprudence, all external causes, foreseen or unforeseen, on which All Over Piercings Professional cannot influence, but which does not prevent All Over Piercings Professional is able to fulfill his obligations. This includes strikes in the company of All Over Piercings Professional or third parties. All Over Piercings Professional also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after All Over Piercings Professional should have fulfilled its obligation.
3. All Over Piercings Professional can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, then each of the parties is entitled to dissolve the agreement, without any obligation to pay compensation to the Consumer.
4. Insofar as All Over Piercings Professional has already partially fulfilled or will be able to fulfill its obligations under the agreement at the time of the commencement of force majeure, and the part fulfilled or to be fulfilled respectively has independent value, All Over Piercings Professional is entitled to to invoice the part already fulfilled or to be fulfilled separately. The Consumer is obliged to pay this invoice as if it were a separate agreement.
Payment and collection costs
1. Unless otherwise agreed, the amounts owed by the Consumer must be paid in advance.
2. The Consumer cannot assert any rights whatsoever with regard to the execution of the order or service (s) in question before the stipulated advance payment has been made.
3. The Consumer is obliged to immediately report inaccuracies in provided or stated payment details to the Entrepreneur.
4. In the event of non-payment of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the Consumer in advance.
5. All Over Piercings Professional can, without being in default, refuse an offer of payment if the Consumer indicates a different order for the allocation of the payment. All Over Piercings Professional can refuse full payment of the principal sum, if the open and accrued interest and collection costs are not also paid.
6. The Consumer is never entitled to set off the amount owed by it to All Over Piercings Professional.
Retention of title
1. All goods delivered by All Over Piercings Professional in the context of the agreement remain the property of All Over Piercings Professional until the Consumer has properly fulfilled all obligations under the agreement (s) concluded with All Over Piercings Professional.
2. Goods delivered by All Over Piercings Professional that fall under the retention of title pursuant to paragraph 1, may not be resold and may never be used as a means of payment. The Consumer is not authorized to pledge or encumber in any other way the goods falling under the retention of title.
3. The Consumer must always do everything that can reasonably be expected of him to secure the property rights of All Over Piercings Professional.
4. If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the Consumer is obliged to immediately inform All Over Piercings Professional thereof.
5. The Consumer undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available to All Over Piercings Professional on first request. In case of any insurance payment, All Over Piercings Professional is entitled to these tokens. Insofar as necessary, the Consumer undertakes to All Over Piercings Professional in advance to cooperate with everything that may (appear) to be necessary or desirable in that context.
6. In the event that All Over Piercings Professional wishes to exercise its property rights as indicated in this article, the Consumer gives unconditional and irrevocable permission in advance to All Over Piercings Professional and third parties to be designated by All Over Piercings Professional to access all those places where the properties of All Over Piercings Professional are located and to take back those items.
Risk transfer
1. The risk of loss, damage or depreciation transfers to the Consumer at the moment when goods are brought under the control of the Consumer to the Consumer.
Indemnity
1. The Consumer indemnifies All Over Piercings Professional against any claims from third parties who suffer damage in connection with the implementation of the agreement and the cause of which is attributable to other than All Over Piercings Professional.
2. If All Over Piercings Professional should be addressed by third parties on that basis, the Consumer is obliged to assist All Over Piercings Professional both extrajudicially and in law and to do everything that may be expected of him in that case without delay. If the Consumer fails to take adequate measures, All Over Piercings Professional is entitled to do so itself without notice of default. All costs and damage on the part of All Over Piercings Professional and third parties that arise as a result, are fully for the account and risk of the Consumer.
Intellectual property
1. All Over Piercings Professional reserves the rights and powers that accrue to him under the Copyright Act and other intellectual laws and regulations. All Over Piercings Professional has the right to use the knowledge gained by the execution of an agreement for other purposes, insofar as no strictly confidential information of the Consumer is disclosed to third parties.
Applicable law and disputes
1. All legal relationships to which All Over Piercings Professional is a party, are exclusively governed by Dutch law, even if an obligation is fully or partially performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
2. The judge in the place of business of All Over Piercings Professional has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise. Nevertheless, All Over Piercings Professional has the right to submit the dispute to the competent court according to the law.
3. The parties will only appeal to the court after they have made every effort to settle a dispute in mutual consultation.
Location and change of conditions
1. The most recently filed version or the version that applied at the time of the creation of the legal relationship with All Over Piercings Professional is always applicable.
2. The Dutch text of the general terms and conditions is always decisive for the interpretation thereof.