GENERAL TERMS AND CONDITIONS Configurr
E-mail: inquiries@configurr.com
Website: Configurr.com
Definitions
Configurr: Configurr V.O.F., established in Rotterdam , Chamber of Commerce no. 94137706.
Customer: the party which Configurr has entered into an agreement with.
Parties: and customer together.
Consumer: a customer who is an individual acting for private purposes.
Applicability
These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Configurr
Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
Offers and quotations
Offers and quotations from Configurr are without engagement, unless expressly stated otherwise.
An offer or quotation is valid for a maximum period of 1 month from its date, unless another acceptance period is stated in the offer or quotation.
If the customer does not accept an offer or quotation within the applicable time frame, the offer or quotation will lapse.
Offers and quotations do not apply to repeated orders, unless the parties have agreed upon this explicitly and in writing.
Acceptance
Upon acceptance of a quotation or offer without engagement, Configurr reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without any obligations towards the customer.
Verbal acceptance of the customer only commits Configurr after the customer has confirmed this in writing (or electronically).
Prices
All prices used by Configurr are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
Configurr is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
The parties agree on a total price for a service provided by Configurr. This is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
Configurr is entitled to deviate up to 10% of the target price.
If the target price exceeds 10%, Configurr must let the customer know in due time why a higher price is justified.
If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.
Configurr has the right to adjust prices annually.
Configurr will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
The consumer has the right to terminate the contract with Configurr if he does not agree with the price increase.
Payments and payment term
Configurr may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
The customer must have paid the full amount within 1 month, after delivery.
Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Configurr having to send the customer a reminder or to put him in default.
Configurr reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
Payments and payment term
Products are immediately paid for.
Configurr may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
The customer must pay invoices of Configurr 1 month within __________, unless parties have made other agreements about this or if the invoice has a different payment term.
Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Configurr having to send the customer a reminder or to put him in default.
Configurr reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
Consequences of late payment
If the customer does not pay within the agreed term, Configurr is entitled to charge an interest per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.
When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Configurr .
The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
If the customer does not pay on time, Configurr may suspend its obligations until the customer has met his payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Configurr on the customer are immediately due and payable.
If the customer refuses to cooperate with the performance of the agreement by Configurr, he is still obliged to pay the agreed price to Configurr.
Right of recovery of goods
As soon as the customer is in default, Configurr is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
Configurr invokes the right of recovery by means of a written or electronic announcement.
As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Configurr, unless the parties agree to make other arrangements about this.
The costs for the collection or return of the products are at the expense of the customer.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Right of retention
Configurr can appeal to his right of retention of title and in that case retain the products sold by to the customer until the customer has paid all outstanding invoices with regard to Configurr, unless the customer has provided sufficient security for these payments.
The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to .
Configurr is never liable for any damage that the customer may suffer as a result of using his right of retention of title.
Settlement
The customer waives his right to settle any debt to Configurr with any claim on Configurr.
Retention of title
Configurr remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Configurr under whatever agreement with Configurr including of claims regarding the shortcomings in the performance.
Until then, Configurr can invoke its retention of title and take back the goods.
Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
If Configurr invokes its retention of title, the agreement will be dissolved and Configurr has the right to claim compensation, lost profits and interest.
Delivery
Delivery takes place while stocks last.
Delivery takes place at Configurr unless the parties have agreed upon otherwise.
Delivery of products ordered online takes place at the address indicated by the customer.
If the agreed price is not paid on time, Configurr has the right to suspend its obligations until the agreed price is fully paid.
In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Configurr
Delivery period
Any delivery period specified by Configurr is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
The delivery period starts after the customer has signed the agreement to Configurr and is confirmed in writing or Configurr electronically by to the customer.
Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Configurr cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.
Guarantee
When parties have entered into an agreement with services included, these services only contain best-effort obligations for Configurr, not obligations of results.
The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.
Performance of the agreement
Configurr executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
Configurr has the right to have the agreed services (partially) performed by third parties.
The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.
It is the responsibility of the customer that Configurr can start the implementation of the agreement on time.
If the customer has not ensured that Configurr can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.
Duty to inform by the customer
The customer shall make available to Configurr all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
If and insofar as the customer requests this, Configurr will return the relevant documents.
If the customer does not timely and properly provides the information, data or documents reasonably required by Configurr and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.
Duration of the service agreement
The agreement between Configurr and the customer is entered into for an indefinite period of time, unless it results otherwise from the nature of the agreement or the parties have expressly agreed otherwise in writing.
If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the term, unless 1 of the parties terminates the contract with due observance of a notice period of month(s), or if a 2 consumer terminates the agreement with due observance of a notice period of 1 month causing the agreement to end at the end of the fixed term.
If the parties have agreed upon a term for the completion of certain activities, this is never a strict deadline, unless specified explicitly otherwise in writing. If this term is exceeded, the customer must give Configurr a written reasonable term to terminate the activities, before it may either terminate the contract or claim damages.
Cancellation of the contract for an indefinite period of time
The customer can terminate an agreement that has been concluded for an indefinite period at any time with due 2 months observance of a notice period of .
A consumer has the right to terminate an agreement for an indefinite period with due observance of a notice period of 1 month.
Intellectual property
Configurr retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, scale models, etc., unless parties have agreed otherwise in writing.
The customer may not copy or have copied the intellectual property rights without prior written permission from Configurr, nor show them to third parties and / or make them available or use them in any other way.
Penalties
If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of Configurr an immediately due and payable fine of € 1.000 if the customer is a consumer and € 5.000 if the customer is a company, for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues.
No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.
The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of Configurr including its right to claim compensation in addition to the fine.
Indemnity
The customer indemnifies Configurr against all third-party claims that are related to the products and/or services supplied by Configurr.
Complaints
The customer must examine a product or service provided by Configurr as soon as possible for possible shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Configurr of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
Consumers must inform Configurr of this within two months after detection of the shortcomings.
The customer gives a detailed description as possible of the shortcomings, so that Configurr is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to Configurr being forced to perform other work than has been agreed.
Giving notice
The customer must provide any notice of default to Configurr in writing.
It is the responsibility of the customer that a notice of default actually reaches Configurr (in time).
Joint and several Client liabilities
If Configurr the full amounts due to enters into an agreement with several customers, each of them shall be jointly and severally liable for Configurr under that agreement.
Liability of Configurr
Configurr is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
If Configurr is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
Configurr is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
If Configurr is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Expiry period
Every right of the customer to compensation from Configurr shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.
Dissolution
The customer has the right to dissolve the agreement if Configurr 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.
If the fulfillment of the obligations by Configurr is not permanent or temporarily impossible, dissolution can only take place after Configurr is in default.
Configurr has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Configurr good grounds to fear that the customer will not be able to fulfill his obligations properly.
Force majeure
In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Configurr in the fulfillment of any obligation to the customer cannot be attributed to Configurr in any situation independent of the will of Configurr, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Configurr.
The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a situation of force majeure arises as a result of which Configurr cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Configurr can comply with it.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
Configurr does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly. Changes in the general terms and conditions
Changes in the general terms and conditions
Configurr is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major changes in content will be discussed by Configurr with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
The customer cannot transfer its rights deferring from an agreement with Configurr to third parties without the prior written consent of Configurr.
This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annullability
If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Configurr had in mind when drafting the conditions on that issue.
Applicable law and competent court
Dutch law is exclusively applicable to all agreements between the parties.
The Dutch court in the district where Configurr is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
Attribution
These terms and conditions were created using a document from Rocket Lawyer
(https://www.rocketlawyer.com/nl
/nl).01 september 2024Drawn up on .