General conditions District 010
The following definitions apply in these terms and conditions:
1. Provider: District 010, registered with the Chamber of Commerce in Rotterdam under number 74660861. VAT nr .: NL859983560B01.
2. Customer: the potential customer of goods and / or services from District 010.
Article 1 in general
1.1 These terms and conditions apply to all offers and agreements, as well as all products and services supplied by District 010, unless explicitly agreed otherwise in writing.
1.2 The applicability of any general specific conditions or stipulations of the customer is explicitly rejected by District 010.
1.3 All prices are stated in Euros (€), including sales tax (VAT) and other levies imposed by the government.
1.4 District 010 is not liable, neither on the basis of the law nor from the agreement, for so-called consequential damage that the customer or a third party may suffer in respect of (in the use of) the products. This includes loss of profit, business damage, loss of data and immaterial damage.
1.5 Deviations from and additions to any provision in an agreement and / or the general terms and conditions only apply if they have been laid down in writing by District 010 and only relate to the relevant agreement.
Article 2 Agreement
2.1 The customer is bound by the agreement in all cases. Even if this is agreed orally or by e-mail.
2.2 District 010 reserves the right not to accept orders or assignments without giving a reason, or only under different conditions. If the order can only be carried out under different conditions, the buyer has the right to cancel the order free of charge.
2.3 If and to the extent that a proper execution of the agreement requires or permits, District 010 has the right to have certain work done by third parties.
Article 3 Delivery time
3.1 All (delivery) periods mentioned by District 010 are approximate and have been determined on the basis of the information and circumstances known to District 010 at the time of entering into the agreement. Specified delivery times will never be regarded as a strict deadline. If a change in the data and / or circumstances, regardless of their foreseeability, results in a delay, the delivery date will be delayed accordingly. In the event of late delivery, District 010 must be given written notice of default, whereby it must still be offered a reasonable period for delivery.
3.2 Exceeding the delivery times stated by District 010, for whatever reason, never entitles the Customer to compensation or non-compliance with any obligation imposed on him under the relevant agreement or a related agreement.
3.3 In the event District 010 fully or partially dissolves the order, it is entitled to take back the part that has remained unpaid. Dissolution and / or repossession does not affect District 010’s right to compensation. are taken by him, then the goods are stored at his disposal for his account and risk.
3.4 If the maximum delivery time of 30 working days is exceeded, you have the right to terminate the agreement free of charge. For this you need to send an e-mail or letter to District 010. Any payments will in that case be returned to you within 30 working days after the notification.
Article 4 Amendment of the agreement
4.1 If during the execution of the agreement it appears that for a proper execution it is necessary to change or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
4.2 If the parties agree that the agreement will be amended or supplemented, the time of completion of the implementation may be affected. District 010 will inform the Customer of this as soon as possible.
4.3 If the change or supplement to the agreement has financial and / or qualitative consequences, District 010 will inform the Customer about this in advance. If a fixed fee has been agreed, District 010 will indicate the extent to which the change or supplement to the agreement will result in this fee being exceeded.
4.4 Contrary to paragraph 3, District 010 will not be able to charge additional costs if the change or supplement is the result of circumstances that can be attributed to District 010.
Article 5 Cancellation / Dissolution
5.1 In the event of early termination, District 010 is entitled, in addition to reimbursement of costs incurred, to a part of the total compensation that can reasonably be determined, taking into account the work already performed and the benefit that the buyer has.
5.2 The claims of District 010 on the customer are immediately due and payable in the following cases: – if after the conclusion of the agreement circumstances become known to District 010 give District 010 good reason to fear that the customer will not fulfill his obligations; – if District 010 has asked the customer at the conclusion of the agreement to provide security for compliance and this security is not provided or is insufficient.
5.3 In the aforementioned cases, District 010 is authorized to terminate the further execution of the agreement, without prejudice to District 010’s right to claim damages.
Article 6 Cooling off period
6.1 After the customer has received the product he / she has ordered, the customer has the authority to dissolve the underlying agreement with District 010 within seven (7) working days after receiving this product. The customer does not have to provide a reason for this.
6.2 If the customer wishes to dissolve the agreement in accordance with article 7.1 of these conditions, the customer must report this in writing (via e-mail or letter) to District 010. The customer must – after consultation with District 010 – send the product to a return address determined by District 010. This must be done in the original, undamaged packaging. Opened packages are not teruggenomen; het openen van de verpakking betekent dat u het product/de producten wenst te behouden. De klant dient zelf de kosten van en het risico voor het verzenden te dragen.
6.3 Indien de klant reeds enige betalingen heeft verricht op het moment dat de klant de overeenkomst met District 010 ingevolge artikel 7.1. en 7.2 van deze Koopvoorwaarden heeft herroepen, zal District 010 deze betalingen binnen veertien (14) werkdagen nadat District 010 het door de klant geretourneerde product heeft ontvangen, aan de klant terugbetalen. District 010 behoudt het recht om geretourneerde producten te weigeren of om slechts een gedeelte van het reeds betaalde bedrag te crediteren, wanneer het vermoeden bestaat dat het product reeds is geopend, gebruikt of door de schuld van de klant (anders dan die van District 010 of de leverancier van het product) is beschadigd.
6.4 Indien een product wordt geretourneerd dat naar het oordeel van District 010 schade heeft opgelopen die aan een handeling of nalatigheid van de klant te wijten is of anderszins voor risico van de klant komt, zal District 010 de klant hiervan schriftelijk (via brief of e-mail) in kennis stellen. District 010 heeft het recht om de waardevermindering van het product als gevolg van deze schade van het aan de klant terug te betalen bedrag in te houden.
Article 7 Implementation
7.1 District 010 will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
7.2 If no fixed price is agreed, the reimbursement will be determined on the basis of the hours actually spent. The reimbursement is calculated according to the usual hourly rates of District 010, applicable for the period in which the work is being performed, unless a deviating hourly rate has been agreed upon.
Article 8 Reimbursement
8.1 Paragraph 2 of this article applies to offers and agreements in which a fixed price is offered or agreed. If no fixed fee is agreed upon, paragraphs 3, 4 and 5 of this article apply.
8.2 The parties can agree a fixed price at the conclusion of the agreement. The fixed price includes VAT, travel hours, travel and accommodation costs.
8.3 Possible cost estimates include VAT, travel hours, travel and accommodation costs. For assignments with a duration of more than 1 month, the costs due will be charged monthly.
Article 9 Payment
9.1 If not expressly agreed otherwise, delivery will only be made in advance.
Article 10 Warranty
10.1 The guarantee has been determined in accordance with applicable law, whereby we may exchange the products if desired in the event of defects. If the exchanged product also shows defects, you can return the products against a refund of the full purchase amount (excluding shipping costs). See also Article 7.
Article 11 Retention of title
11.1 Moment of full payment of all amounts, including costs, that the buyer owes for the goods delivered or to be delivered under the agreement or services performed or still to be provided, as well as for claims for failure to fulfill said agreement .
11.2 The Purchaser is obliged to ensure careful handling of the goods and lacks the right to encumber and / or lend the delivered goods, other than after written permission from District 010, and / or to establish a (silent) pledge on this, as long as the purchaser has not fully complied with its obligations to District 010.
11.3 In the event District 010 fully or partially dissolves the order, it is entitled to take back the unpaid part of the delivery. Dissolution and / or repossession does not affect District 010’s right to compensation. are taken by him, then the goods are stored at his disposal for his account and risk.
Article 12 Force majeure
12.1 If District 010 is unable to meet its obligations to the customer due to force majeure, compliance with those obligations will be suspended for the duration of the force majeure situation.
12.2 In the event of force majeure, the customer is not entitled to any (damage) compensation, even if District 010 should have any advantage as a result of the force majeure.
12.3 District 010 will inform the customer as soon as possible of an (imminent) force majeure.
Article 13 Defects; Complaint period
13.1 Complaints about the work performed must be reported by the customer in writing to District 010 within eight days after discovery, but no later than thirty days after completion of the work concerned.
13.2 If a complaint is justified, District 010 will still perform the work as agreed, unless otherwise agreed.