Terms and Conditions

Definitions

  1. Renzo van Engelen: van angels chimneys, located in Oostvoorne under Chamber of Commerce no. 24319755.
  2. Customer: the person with whom Renzo van Engelen has entered into an agreement.
  3. Parties: Renzo van Engelen and customer together.
  4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

  1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Renzo van Engelen.
  2. Parties can only deviate from these terms and conditions if they have explicitly agreed to do so in writing.
  3. The parties explicitly exclude the applicability of additional and / or deviating general terms and conditions of the customer or third parties.

Offers and quotations

  1. Offers and quotations from Renzo van Engelen are without obligation, unless explicitly stated otherwise.
  2. An offer or quotation is valid for a maximum of 1 month, unless a different acceptance period is stated in the offer or quotation.
  3. If the customer does not accept an offer or quotation within the applicable term, the offer or quotation will lapse.
  4. Offers and quotations do not apply to repeat orders, unless the parties have explicitly agreed this in writing.

Acceptance

  1. Upon acceptance of a quotation or offer without obligation, Renzo van Engelen reserves the right to withdraw the quotation or offer within 3 days of receipt of the acceptance, without the customer being able to derive any rights from this.
  2. Verbal acceptance by the customer only binds Renzo van Engelen after the customer has confirmed this in writing (or electronically).

Prices

  1. All prices that Renzo van Engelen uses are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
  2. Renzo van Engelen can change all prices that Renzo van Engelen uses for its products or services, on its website or that are otherwise made known.
  3. Increases in the cost prices of products or parts thereof, which Renzo van Engelen could not foresee at the time the offer was made or the agreement was concluded, may give rise to price increases.
  4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
  5. The price for a service is determined by Renzo van Engelen on the basis of the hours actually spent.
  6. The price is calculated according to Renzo van Engelen’s usual hourly rates, applicable for the period in which he performs the work, unless a different hourly rate has been agreed.
  7. If the parties have agreed a total amount for a service by Renzo van Engelen, this is always a target price, unless the parties have explicitly agreed in writing on a fixed price, from which it cannot be deviated.
  8. Renzo van Engelen is entitled to deviate up to 10% of the target price.
  9. If the target price is more than 10% higher, Renzo van Engelen must inform the customer in good time why a higher price is justified.
  10. 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%.
  11. Renzo van Engelen has the right to adjust the prices annually.
  12. Renzo van Engelen will communicate price adjustments to the customer prior to its commencement.
  13. The consumer has the right to cancel the agreement with Renzo van Engelen if he does not agree with the price increase.

Payments and payment term

  1. Renzo van Engelen may require a down payment of up to 50% of the agreed amount when entering into the agreement.
  2. The customer must have made payments afterwards within 7 days after delivery of the product.
  3. Payment terms are considered to be strict payment terms. This means that if the customer has not paid the agreed amount no later than the last day of the payment term, he is in default by operation of law and is in default, without Renzo van Engelen having to send the customer a reminder or declare it in default.
  4. Renzo van Engelen reserves the right to make a delivery dependent on immediate payment or to demand security for the total amount of the services or products.

Consequences not paying on time

  1. If the customer does not pay within the agreed term, Renzo van Engelen is entitled to charge interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a whole month.
  2. If the customer is in default, he will also owe extrajudicial collection costs and any compensation to Renzo van Engelen.
  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, Renzo van Engelen may suspend his obligations until the customer has fulfilled his payment obligation.
  5. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of Renzo van Engelen on the customer are immediately due and payable.
  6. If the customer refuses to cooperate with the execution of the agreement by Renzo van Engelen, he is still obliged to pay the agreed price to Renzo van Engelen.

Right of Complaint

  1. As soon as the customer is in default, Renzo van Engelen is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
  2. Renzo van Engelen invokes the right to complain by means of a written or electronic communication.
  3. As soon as the customer has been informed of the invoked right to complain, the customer must immediately return the products to which this right relates to Renzo van Engelen, unless the parties make other agreements about this.
  4. The costs for the return or return of the products are at the expense 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 that has been specially tailored or adapted for the consumer
    • it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
    • the seal is still intact if it concerns data carriers with digital content (DVDs, CDs, etc.)
    • the product is not a trip, transport ticket, catering order or form of leisure activity
    • the product is not a separate magazine or newspaper
    • it does not concern an (order for) urgent repair
    • the consumer has not waived his right of withdrawal
  2. The reflection 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 in 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 [email protected], if desired using the withdrawal form that can be downloaded from the Renzo van Engelen website, www.renzovanengelen.com.
  4. The consumer is obliged to return the product to Renzo van Engelen within 14 days after the notification of his right of withdrawal, failing which his right of withdrawal will lapse.
  5. The costs for returning will only be borne by Renzo van Engelen if the entire order is returned.
  6. If the purchase costs and any other costs (such as shipping and return costs) qualify for reimbursement by law, Renzo van Engelen will refund these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, on the condition that the consumer has returned the product to Renzo van Engelen on time.

Right of suspension

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

Right of retention

  1. Renzo van Engelen can invoke its right of retention and in that case retain the customer’s products until the customer has paid all outstanding invoices to Renzo van Engelen, 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 Renzo van Engelen.
  3. Renzo van Engelen is never liable for any damage that the customer may suffer as a result of making use of his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt to Renzo van Engelen against a claim on Renzo van Engelen.

Retention of title

  1. Renzo van Engelen remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards Renzo van Engelen on the basis of any agreement concluded with Renzo van Engelen, including claims regarding failure to perform.
  2. Until then, Renzo van Engelen can invoke his 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 encumber the products.
  4. If Renzo van Engelen invokes its retention of title, the agreement will be deemed to have been dissolved and Renzo van Engelen will be entitled to claim compensation, lost profit and interest.

Delivery

  1. Delivery takes place while stocks last.
  2. Delivery takes place at Renzo van Engelen, 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, Renzo van Engelen has the right to suspend its obligations until the agreed part has been paid as yet.
  5. In case of late payment, there is a default of creditors, with the result that the customer cannot invoke a late delivery against Renzo van Engelen.

Delivery time

  1. The delivery times stated by Renzo van Engelen are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have explicitly agreed otherwise in writing.
  2. The delivery time commences after the quotation to Renzo van Engelen signed by the customer for approval has been confirmed by Renzo van Engelen to the customer in writing or electronically.
  3. Exceeding the stated delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Renzo van Engelen cannot deliver within 14 days after receiving a written reminder 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 on time.

Transportation costs

Transport costs are at the expense 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, before taking receipt of the product, have a note drawn up by the forwarder or delivery person, failing which Renzo van Engelen cannot be held liable for possible damage.
  2. If the customer himself arranges for the transport of a product, he must report any visible damage to products or the packaging to Renzo van Engelen prior to transport, failing which Renzo van Engelen cannot be held liable for any damage.

Insurance

  1. The customer undertakes to adequately insure the following items and to keep them insured against, among other things, fire, explosion and water damage as well as theft:
    • delivered goods that are necessary for the implementation of the underlying agreement
    • items of Renzo van Engelen that are present at the customer
    • items delivered under retention of title
  2. The customer will provide the policy of these insurance policies for inspection at Renzo van Engelen’s first request.
  3. Unless the parties have expressly agreed, the customer is obliged to take out CAR insurance at his own expense and the customer cannot claim compensation for any damage that would otherwise be covered by this insurance.

Retention

  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 at the expense of the customer.

Assembly / Installation

Although Renzo van Engelen makes every effort to carry out all assembly and / or installation work as well as possible, he does not bear any responsibility for this, except in the case of intent or gross negligence.

Warranty

  1. When the parties have entered into an agreement of a service nature, Renzo van Engelen only contains best efforts obligations, not obligations of results.
  2. The warranty with regard to products applies only to defects caused by faulty manufacture, construction or material.
  3. 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, as well as when the cause of the defect cannot be clearly determined.
  4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the time when they are legally and / or actually delivered, or at least come under the control of the customer or a third party who takes delivery of the product on behalf of the customer.

Execution of the agreement

  1. Renzo van Engelen will perform the agreement to the best of his knowledge and ability and in accordance with the requirements of good workmanship.
  2. Renzo van Engelen has the right to have the agreed services (partially) performed by third parties.
  3. The implementation of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
  4. It is the responsibility of the customer that Renzo van Engelen can start implementing the agreement in good time.
  5. If the customer has not ensured that Renzo van Engelen can start the execution of the agreement on time, the resulting extra costs and / or extra hours will be borne by the customer.

Information provision by the customer

  1. The customer will make all information, data and documents relevant to the correct execution of the agreement available to Renzo van Engelen in a timely manner and in the desired form and in the desired manner.
  2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if these originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
  3. If and insofar as the customer requests this, Renzo van Engelen will return the relevant documents.
  4. If the customer does not, not timely or not properly provide the information, data or documents reasonably required by Renzo van Engelen and the execution of the agreement is delayed as a result, the resulting extra costs and extra hours will be borne by the customer.

Duration of the agreement

  1. If an agreement has been entered into for a definite period, it will be tacitly converted into an agreement for an indefinite period after the expiry of the period, unless 1 of the parties terminates the agreement with due observance of a notice period of 2 months, or a consumer cancels the agreement with observing a notice period of 1 month, the agreement will end by operation of law.
  2. If the parties have agreed on a term for the completion of certain activities within the term of the agreement, this is never a strict deadline. If this term is exceeded, the customer must give Renzo van Engelen written notice of default.

Disclaimer

The customer indemnifies Renzo van Engelen against all claims from third parties related to the products and / or services supplied by Renzo van Engelen.

Complaints

  1. The customer must examine a product or service provided by Renzo van Engelen as soon as possible for any 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 Renzo van Engelen of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
  3. Consumers must inform Renzo van Engelen of this within 2 months after discovery of the shortcomings.
  4. The customer provides a description of the shortcoming that is as detailed as possible, so that Renzo van Engelen 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 cannot in any case lead to Renzo van Engelen being obliged to perform work other than that agreed.

Notice of default

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

Joint and several liability of the customer

If Renzo van Engelen enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts that they owe Renzo van Engelen on the basis of that agreement.

Liability Renzo van Engelen

  1. Renzo van Engelen is only liable for any damage suffered by the customer if and insofar as such damage is caused by intent or deliberate recklessness.
  2. If Renzo van Engelen is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
  3. Renzo van Engelen is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
  4. If Renzo van Engelen is liable, this liability is limited to the amount that is paid out by a concluded (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the 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 only approximate and can not give rise to compensation and / or (partial) dissolution of the agreement and / or suspension of any obligation.

Expiration period

Any right of the customer to compensation from Renzo van Engelen will in any case lapse 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of article 6:89 of the Dutch Civil Code.

Right to cancel

  1. The customer has the right to dissolve the agreement if Renzo van Engelen imputably fails to fulfill its obligations, unless this shortcoming does not justify termination in view of its special nature or minor significance.
  2. If the fulfillment of the obligations by Renzo van Engelen is not permanently or temporarily impossible, dissolution can only take place after Renzo van Engelen is in default.
  3. Renzo van Engelen has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if Renzo van Engelen has taken note of circumstances that give him good grounds to fear that the customer will not be able to properly fulfill its obligations.

Force majeure

  1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of Renzo van Engelen in the fulfillment of any obligation towards the customer cannot be attributed to Renzo van Engelen in a situation independent of Renzo van Engelen’s will. , as a result of which the fulfillment of his obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of his obligations cannot reasonably be expected of Renzo van Engelen.
  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, uprising, riots, natural disasters, etc.); defaults 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 transportation problems, bad weather and work stoppages.
  3. If a force majeure situation arises as a result of which Renzo van Engelen is unable to fulfill 1 or more obligations towards the customer, then those obligations will be suspended until Renzo van Engelen 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 writing in whole or in part.
  5. Renzo van Engelen does not owe any (damage) compensation in a force majeure situation, not even if it enjoys any advantage as a result of the force majeure situation.

Amendments to the agreement

If, after the conclusion of the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.

Changes to general terms and conditions

  1. Renzo van Engelen is entitled to amend or supplement these general terms and conditions.
  2. Changes of minor importance can be made at any time.
  3. Renzo van Engelen will discuss major substantive changes with the customer as much as possible in advance.
  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

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 Renzo van Engelen.
  2. This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.

Consequences of nullity or voidability

  1. If one or more provisions of these general terms and conditions turn out to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
  2. A provision that is invalid or voidable will in that case be replaced by a provision that comes closest to what Renzo van Engelen had in mind when drawing up the conditions on that point.

Applicable law and competent court

  1. Dutch law is exclusively applicable to every agreement between the parties.
  2. The Dutch court in the district where Renzo van Engelen is established / has a practice / office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

Drafted on 20-01-2020

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