Definitions
1. Logoaandemuur.nl: Logoaandemuur.nl, located in Kampen under Chamber of Commerce No. 73095850.
2. Customer: the person with whom Logoaandemuur.nl has entered into an agreement.
3. Parties: Logoaandemuur.nl and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.
Article 1 - Applicability of general terms and conditions
1. These terms and conditions apply to all offers, offers, activities, orders, agreements and deliveries of
services or products by or on behalf of Logoaandemuur.nl.
2. Parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.
3. The parties expressly exclude the applicability of additional and/or different general terms and conditions of the customer or third parties.
Article 2 - Offers and offers
1. Offers and quotes from Logoaandemuur.nl are non-binding, unless explicitly stated otherwise.
2. An offer or quote is valid for a maximum of 1 month, unless another acceptance period is stated in the offer or quote
listed.
3. If the customer does not accept an offer or quote within the applicable period, the offer or quote expires.
4. Offers and quotes do not apply to backorders, unless the parties have expressly agreed to this in writing.
Article 3 - Acceptance
1. Upon acceptance of a free quote or offer, Logoaandemuur.nl reserves the right to make the quote or offer
to withdraw within 3 days of receipt of acceptance, without the customer being able to derive any rights from this.
2. Oral acceptance by the customer only binds Logoaandemuur.nl after the customer has confirmed this in writing (or electronically).
Article 4 - Prices
1. All prices used by Logoaandemuur.nl are in euros, exclude VAT and exclude any other costs such as
administrative costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
2. All prices that Logoaandemuur.nl charges for its services and products, on its website or that are otherwise made known, Logoaandemuur.nl can change at any time.
3. The parties agree on a total amount as a target price for a service provided by Logoaandemuur.nl, unless the parties expressly and
a fixed price, which cannot be deviated from, have been agreed in writing.
4. Logoaandemuur.nl is entitled to deviate from the target price by up to 10%.
5. If the target price is more than 10% higher, Logoaandemuur.nl must let the customer know in good time why a higher price
is justified.
6. If the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price plus 10%.
7. Logoaandemuur.nl has the right to adjust prices annually.
8. Prior to its entry into force, Logoaandemuur.nl will communicate price adjustments to the customer.
9. The consumer has the right to terminate the agreement with Logoaandemuur.nl if he does not agree to the price increase.
Article 5 - Payments and payment terms
1. Logoaandemuur.nl may require a deposit of up to 50% of the agreed amount when entering into the agreement.
2. The customer must have made payments afterwards within 14 days of delivery.
3. Payment terms are considered to be strict payment terms. This means that if the customer has not paid the agreed amount by the last day of the payment term at the latest, he is in default and in default by operation of law, without Logoaandemuur.nl having to send or give the customer a reminder.
4. Logoaandemuur.nl reserves the right to make a delivery dependent on immediate payment or to require security for the total amount of the services or products.
Article 6 - Consequences of late payment
1. If the customer does not pay within the agreed period, Logoaandemuur.nl is entitled to charge the statutory interest of 8% per month for commercial transactions from the day the customer is in default, with part of a month being counted as a whole month.
2. If the customer is in default, he also owes extrajudicial collection costs and any compensation to Logoaandemuur.nl.
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 in time, Logoaandemuur.nl 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, Logoaandemuur.nl's claims against the customer are immediately due and payable.
6. If the customer refuses to cooperate in the execution of the agreement by Logoaandemuur.nl, he is still obliged to pay the agreed price to Logoaandemuur.nl.
Article 8 - Right to advertise
1. As soon as the customer is in default, Logoaandemuur.nl is entitled to invoke the right to complain about the unpaid to the
customer supplied products.
2. Logoaandemuur.nl invokes the right to complain by means of a written or electronic message.
3. Once the customer has been informed of the right to complain, the customer must use the products to which this right relates
has to be returned immediately to Logoaandemuur.nl, unless the parties make other agreements about this.
4. The costs of retrieving or returning the products are borne by the customer.
Article 10 - Reimbursement of delivery costs
Article 11 - Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend compliance with any obligation arising from this agreement.
Article 12 - Right of retention
1. Logoaandemuur.nl can invoke its right of retention and, in that case, retain the customer's products until the customer
has paid all outstanding accounts with regard to Logoaandemuur.nl, unless the customer has sufficient security for those costs
has stated.
2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Logoaandemuur.nl.
3. Logoaandemuur.nl is never liable for any damage that the customer may suffer as a result of using his right of retention.
Article 13 - Settlement
Unless the customer is a consumer, the customer waives his right to set off a debt to Logoaandemuur.nl against a claim against Logoaandemuur.nl.
Article 14 - Retention of title
1. Logoaandemuur.nl remains the owner of all products delivered until the customer has fully fulfilled all his payment obligations
with regard to Logoaandemuur.nl under any agreement concluded with Logoaandemuur.nl, including
claims related to failure to comply.
2. Until then, Logoaandemuur.nl can invoke its retention of title and take back the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise pledge the products
objections.
4. If Logoaandemuur.nl invokes its retention of title, the agreement is considered dissolved and has
Logoaandemuur.nl the right to claim compensation, lost profit and interest.
Article 15 - Delivery
1. Delivery takes place while stocks last.
2. Delivery takes place at Logoaandemuur.nl, unless the parties have agreed otherwise.
3. Delivery of products ordered online takes place at the address specified by the customer.
4. If the agreed amounts are not paid or are not paid on time, Logoaandemuur.nl has the right to suspend its obligations until the agreed part has been paid.
5. Late payment involves creditor default, with the result that the customer cannot object to Logoaandemuur.nl for a late delivery.
Article 16 - Delivery time
1. The delivery times specified by Logoaandemuur.nl are indicative and do not entitle the customer to terminate if they are exceeded
or compensation, unless the parties have expressly agreed otherwise in writing.
2. The delivery time commences after the offer signed by the customer for approval to Logoaandemuur.nl by Logoaandemuur.nl
has been confirmed to the customer in writing or electronically.
3. Exceeding the specified delivery time does not entitle the customer to compensation nor the right to terminate the agreement, unless Logoaandemuur.nl cannot deliver within 14 days of being notified in writing or the parties have agreed otherwise.
Article 17 - Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place in a timely manner.
Article 18 - Transport costs
Transport costs are borne by the customer, unless the parties have agreed otherwise.
Article 19 - Packaging and Shipping
1. If the packaging of a delivered product is opened or damaged, the customer must, before receiving the product, have the forwarder or delivery person make a note of this, failing which Logoaandemuur.nl cannot be held liable for any damage.
2. If the customer himself ensures the transport of a product, he must carry out any visible damage to products or the
packaging prior to transport to Logoaandemuur.nl, failing which Logoaandemuur.nl cannot be held liable for any damage.
Article 20 - Insurance
1. The customer undertakes to adequately insure and keep the following items insured against, among other things, fire, explosion and water damage as well as theft:
o delivered goods that are necessary for the execution of the underlying agreement
o Logoaandemuur.nl matters that are present at the customer's place
o goods that have been delivered under retention of title
2. At the first request of Logoaandemuur.nl, the customer provides the policy for these insurances for inspection.
Article 21 - Custody
1. If the customer only purchases ordered products later than the agreed delivery date, there is a risk of any
loss of quality entirely for the customer.
2. Any additional costs resulting from premature or late purchase of products are entirely borne by the customer.
Article 22 - Warranty
1. When the parties have entered into a service agreement, it only includes a
effort obligation and therefore no obligation to achieve results.
2. The warranty with regard to products only applies to defects caused by improper manufacture, construction or material.
3. The warranty does not apply in the event of normal wear and damage caused by accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot become clear
established.
4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties passes to the customer when they are legally and/or actually delivered, or at least fall under the control of the customer or a third party who receives the product on behalf of the customer.
Article 23 - Implementation of the agreement
1. Logoaandemuur.nl will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. Logoaandemuur.nl has the right to have the agreed service (partially) provided by third parties.
3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed
advance payment by the customer.
4. It is the customer's responsibility that Logoaandemuur.nl can start executing the agreement in time.
5. If the customer has not ensured that Logoaandemuur.nl can start executing the agreement in time, the resulting additional costs and/or extra hours will be borne by the customer.
Article 24 - Provision of information by the customer
1. The customer provides all information, data and documents that are relevant to the correct execution of the agreement in a timely manner and
desired shape and available in a desired way at Logoaandemuur.nl.
2. The customer guarantees the accuracy, completeness and reliability of the information, data and documents provided, even if they come from third parties, unless the nature of the agreement dictates otherwise.
3. If and insofar as the customer requests this, Logoaandemuur.nl will return the relevant documents.
4. Does the customer not provide, timely or improperly, the information, data or documents reasonably required by Logoaandemuur.nl
available and the execution of the agreement is therefore delayed, the resulting additional costs and extra hours will be borne by the customer.
Article 25 - Indemnification
The customer indemnifies Logoaandemuur.nl against all third-party claims related to the products and/or services provided by Logoaandemuur.nl.
Article 26 - Complaints
1. The customer must investigate a product or service provided by Logoaandemuur.nl as soon as possible for any
deficiencies.
2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Logoaandemuur.nl as soon as possible, but in any case within 1 month of finding the shortcomings.
3. Consumers must inform Logoaandemuur.nl within 2 months of finding the shortcomings.
4. In doing so, the customer provides as detailed a description as possible of the shortcoming, so that Logoaandemuur.nl is able to do so
to respond appropriately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this cannot in any case mean that Logoaandemuur.nl can be held to perform work other than those agreed.
Article 27 - Notice of default
1. The customer must make notices of default known to Logoaandemuur.nl in writing.
2. It is the customer's responsibility that a notice of default actually reaches Logoaandemuur.nl (timely).
Article 28 - Customer joint and several liability
If Logoaandemuur.nl enters into an agreement with multiple customers, each of them is jointly and severally liable for the full
amounts that they owe to Logoaandemuur.nl under that agreement.
Article 29 - Liability Logoaandemuur.nl
1. Logoaandemuur.nl is only liable for any damage suffered by the customer if and insofar as that damage was caused by
intent or deliberate recklessness.
2. If Logoaandemuur.nl is liable for any damage, it is only liable for direct damage resulting from or
is related to the execution of an agreement.
3. Logoaandemuur.nl is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
4. If Logoaandemuur.nl is liable, this liability is limited to the amount paid by a closed
(professional) liability insurance is paid out and, in the absence of (full) payment by an insurance company of
the amount of damage, liability is limited to the (part of the) invoice amount to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot be a reason for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Article 30 - Expiration period
Any right of the customer to compensation from Logoaandemuur.nl expires in any case 12 months after the event causing the
liability arises directly or indirectly. This does not exclude the provisions of article 6:89 of the Civil Code.
Article 31 - Right to terminate
1. The customer has the right to terminate the agreement if Logoaandemuur.nl imputably fails to comply with its
obligations, unless, in view of its special nature or minor importance, this shortcoming does not justify termination.
2. If the fulfillment of the obligations by Logoaandemuur.nl is not permanently or temporarily impossible, dissolution can only take place
after Logoaandemuur.nl is in default.
3. Logoaandemuur.nl has the right to terminate the agreement with the customer if the customer has his obligations under the agreement
does not comply fully or not in time, or if Logoaandemuur.nl has become aware of circumstances that give him good reason to fear that the customer will not be able to fulfill his obligations properly.
Article 32 - Force majeure
1. In addition to the provisions of article 6:75 of the Civil Code, a failure by Logoaandemuur.nl in fulfilling any obligation towards the customer cannot be attributed to Logoaandemuur.nl in any of the will of
Logoaandemuur.nl independent situation, allowing the fulfillment of its obligations towards the customer in whole or in part
is prevented or as a result of which Logoaandemuur.nl cannot reasonably be expected to fulfil its obligations.
2. The force majeure situation referred to in paragraph 1 includes - but is not limited to - a state of emergency (such as civil war, rebellion,
riots, natural disasters, etc.); malfunctions and force majeure on the part 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 occurs that prevents Logoaandemuur.nl from fulfilling 1 or more obligations to the customer, then
those obligations will be suspended until Logoaandemuur.nl can comply with them again.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may enter into the agreement
dissolve in whole or in part in writing.
5. Logoaandemuur.nl does not owe any (damage) compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.
Article 33 - Amendment to the agreement
1. If, after the conclusion of the agreement, it appears necessary to change or supplement its content for its execution,
the parties will amend the agreement accordingly in a timely manner and in mutual consultation.
2. The previous paragraph does not apply to products purchased in a physical store.
Article 34 - Amendment to general terms and conditions
1. Logoaandemuur.nl is entitled to change or supplement these general terms and conditions.
2. Minor changes can be made at any time.
3. Logoaandemuur.nl will discuss major changes in content with the customer in advance as much as possible.
4. Consumers are entitled to terminate the agreement in the event of a substantial change in the general terms and conditions.
Article 35 - Transfer of rights
1. Customer rights from an agreement between the parties cannot be transferred to third parties without the prior written consent of Logoaandemuur.nl
2. This provision applies as a clause with property law effect as referred to in article 3:83, paragraph 2, of the Civil Code.
Article 36 - Consequences of nullity or voidability
1. If one or more provisions of these general terms and conditions prove null and 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 Logoaandemuur.nl had in mind when drawing up the conditions at that point.
Article 37 - Applicable law and competent court
1. Any agreement between the parties is governed exclusively by Dutch law.
2. The Dutch court in the district where Logoaandemuur.nl is located/practices/has its office is exclusively competent to hear any disputes between the parties, unless the law prescribes otherwise.
Prepared on March 01, 2023.