- Renzo van Engelen: viewing from angels, established in Oostvoorne under Chamber of Commerce no. 24319755.
- Customer: the person with whom Renzo van Engelen has entered into an agreement.
- Parties: Renzo van Engelen and customer together.
- Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
- 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.
- Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.
- The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.
Offers and quotes
- Offers and quotations from Renzo van Engelen are without obligation, unless expressly stated otherwise.
- An offer or quotation is valid for a maximum of 1 month, unless a different acceptance period is stated in the offer or quotation.
- If the customer does not accept an offer or quotation within the applicable term, the offer or quotation will lapse.
- Offers and quotations do not apply to repeat orders, unless the parties have expressly agreed this in writing.
Images and specifications
1. All images; photos, drawings, etc.; eg data concerning weights, dimensions, colours, images of labels, etc. on the internet site www.renzovanengelen.com are only approximate, are indicative and cannot lead to compensation or dissolution of the agreement.
- When accepting a quotation or offer without obligation, Renzo van Engelen reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without the customer being able to derive any rights from this.
- Verbal acceptance of the customer only binds Renzo van Engelen after the customer has confirmed this in writing (or electronically).
- All prices that Renzo van Engelen uses are in euros, excluding any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or otherwise agreed.
- Renzo van Engelen can change all prices that Renzo van Engelen uses for its products or services, on its website or that have been made known in any other way.
- Increases in the cost prices of products or parts thereof, which Renzo van Engelen could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
- 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.
- The price with regard to a service is determined by Renzo van Engelen on the basis of the hours actually spent.
- The price is calculated in accordance with 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.
- If the parties have agreed on a total amount for a service provided by Renzo van Engelen, this is always a target price, unless the parties have expressly agreed in writing on a fixed price, which cannot be deviated from.
- Renzo van Engelen is entitled to deviate up to 10% from the target price.
- 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.
- 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%.
- Renzo van Engelen has the right to adjust the prices annually.
- Renzo van Engelen will notify the customer of any price adjustments prior to their commencement.
- 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
- Renzo van Engelen may require a down payment of up to 50% of the agreed amount upon entering into the agreement.
- The customer must make payments in arrears within 7 days after delivery of the product.
- Payment terms are regarded as strict 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 and in default, without Renzo van Engelen having to send the customer a reminder or notice of default.
- Renzo van Engelen reserves the right to make a delivery conditional on immediate payment or to demand a security for the total amount of the services or products.
Consequences of not paying on time
- If the customer does not pay within the agreed term, Renzo van Engelen is entitled to charge an interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a whole month.
- If the customer is in default, he also owes extrajudicial collection costs and any compensation to Renzo van Engelen.
- The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
- If the customer does not pay on time, Renzo van Engelen may suspend its obligations until the customer has fulfilled its payment obligation.
- In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, Renzo van Engelen’s claims against the customer are immediately due and payable.
- 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 advertising
- 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.
- Renzo van Engelen invokes the right of advertising by means of a written or electronic communication.
- As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Renzo van Engelen, unless the parties agree otherwise.
- The costs for the return or return of the products will be borne by the customer.
Right of withdrawal
- 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 tailor-made or modified especially 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 travel, transport ticket, catering assignment or form of leisure activity
- the product is not a loose magazine or newspaper
- it is not an (order for) emergency repair
- the consumer has not waived his right of withdrawal
- The cooling-off period of 14 days as referred to in paragraph 1 starts:
- 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 with 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
- The consumer can make his appeal to the right of withdrawal known via firstname.lastname@example.org, if desired using the withdrawal form that can be downloaded via the website of Renzo van Engelen, www.renzovanengelen.com.
- 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.
- The costs for returning are only borne by Renzo van Engelen if the entire order is returned.
- If the purchase costs and any other costs (such as shipping and return costs) are eligible for a refund according to the 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, provided that the consumer has returned the product to Renzo van Engelen in a timely manner.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
Right of retention
- Renzo van Engelen can invoke its right of retention and in that case keep the customer’s products in its possession until the customer has paid all outstanding invoices with regard to Renzo van Engelen, unless the customer has provided sufficient security for those costs.
- The right of retention also applies on the basis of previous agreements from which the customer still owes Renzo van Engelen payments.
- Renzo van Engelen is never liable for any damage that the customer may suffer as a result of using his right of retention.
Unless the customer is a consumer, the customer waives his right to set off a debt owed to Renzo van Engelen against a claim against Renzo van Engelen.
Retention of title
- 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 for failure to perform.
- Until that time, Renzo van Engelen can invoke its retention of title and take back the goods.
- Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- If Renzo van Engelen invokes its retention of title, the agreement will be deemed dissolved and Renzo van Engelen will be entitled to claim compensation, lost profit and interest.
- Delivery takes place while stocks last.
- Delivery takes place at Renzo van Engelen, unless the parties have agreed otherwise.
- Delivery of products ordered online takes place at the address indicated by the customer.
- If the agreed amounts are not paid or are not paid on time, Renzo van Engelen has the right to suspend its obligations until the agreed part has been paid.
- In the event of late payment, there is a default by creditors, with the result that the customer cannot object to Renzo van Engelen for a late delivery.
- The delivery times specified by Renzo van Engelen are indicative and, if they are exceeded, do not entitle the customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
- The delivery time commences after the quotation signed for approval by the customer to Renzo van Engelen has been confirmed to the customer in writing or electronically by Renzo van Engelen.
- Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Renzo van Engelen is unable to deliver within 14 days after being required to do so in writing or if the parties have agreed otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Packing and Shipping
- If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which Renzo van Engelen cannot be held liable for possible damage.
- If the customer takes care of the transport of a product himself, 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.
- The customer undertakes to sufficiently insure and keep insured the following items against, among other things, fire, explosion and water damage as well as theft:
- delivered goods that are necessary for the execution of the underlying agreement
- business of Renzo van Engelen who are present at the customer
- goods delivered under retention of title
- At Renzo van Engelen’s first request, the customer makes the policy of these insurance policies available for inspection.
- 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.
- If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
- Any additional costs as a result of early or late purchase of products will be fully borne by the customer.
Although Renzo van Engelen makes every effort to carry out all assembly and/or installation work as well as possible, he bears no responsibility for this, except in the case of intent or gross negligence.
- When the parties have entered into an agreement with a service-providing nature, this only contains obligations of effort for Renzo van Engelen, not obligations of results.
- The warranty with respect to products only applies to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the case of normal wear and tear and damage caused by accidents, changes made to the product, negligence or incompetent use by the customer, or if the cause of the defect cannot be clearly determined.
- 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 moment when they are legally and/or actually delivered, at least come under the control of the customer or of a third party who takes delivery of the product on behalf of the customer.
Performance of the agreement
- Renzo van Engelen will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
- Renzo van Engelen 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 any agreed advance by the customer.
- It is the responsibility of the customer that Renzo van Engelen can start the execution of the agreement in time.
- If the customer has not ensured that Renzo van Engelen can start the execution of the agreement in time, the resulting additional costs and/or extra hours will be borne by the customer.
Information provided by the customer
- The customer makes all information, data and documents relevant for the correct execution of the agreement available to Renzo van Engelen in a timely manner and in the desired form 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, insofar as the nature of the agreement does not dictate otherwise.
- If and insofar as the customer requests this, Renzo van Engelen will return the relevant documents.
- If the customer does not provide the information, data or documents reasonably required by Renzo van Engelen, not in time or properly, and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the customer.
Duration of the agreement
- If an agreement has been entered into for a definite period, it will be tacitly converted into an agreement for an indefinite period after expiry of the term, unless one of the parties terminates the agreement with due observance of a notice period of 2 months, or a consumer terminates the agreement with observing a notice period of 1 month, the agreement will end by operation of law.
- If the parties have agreed on a term for the completion of certain work 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.
The customer indemnifies Renzo van Engelen against all claims from third parties related to the products and/or services supplied by Renzo van Engelen.
- The customer must examine a product or service provided by Renzo van Engelen as soon as possible for any shortcomings.
- 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.
- Consumers must inform Renzo van Engelen of this within 2 months after discovery of the shortcomings.
- The customer provides as detailed a description as possible of the shortcoming, so that Renzo van Engelen 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 Renzo van Engelen being obliged to perform other work than has been agreed.
Notice of default
- The customer must notify Renzo van Engelen of any notice of default in writing.
- It is the customer’s responsibility that a notice of default actually reaches Renzo van Engelen (on time).
Joint and several liability 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 to Renzo van Engelen under that agreement.
Liability Renzo van Engelen
- Renzo van Engelen is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
- If Renzo van Engelen is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
- Renzo van Engelen is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
- If Renzo van Engelen is liable, this liability is limited to the amount that is paid out by a closed (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.
- All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Any right of the customer to compensation from Renzo van Engelen expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Right to dissolution
- 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 due to its special nature or minor significance.
- 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.
- Renzo van Engelen has the right to dissolve the agreement with the customer if the customer does not fulfill his obligations under the agreement in full or on time, or if Renzo van Engelen has become aware of circumstances that give him good grounds to fear that the customer will not be able to properly fulfill its obligations.
Force of the majority
- In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure on the part of Renzo van Engelen in the fulfillment of any obligation with regard to 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 its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected of Renzo van Engelen.
- The force majeure situation referred to in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a force majeure situation arises as a result of which Renzo van Engelen cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until Renzo van Engelen can fulfill them again.
- 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.
- Renzo van Engelen does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.
Amendment of the agreement
If after the conclusion of the agreement it appears necessary for its implementation to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
Change of terms and conditions
- Renzo van Engelen is entitled to amend or supplement these general terms and conditions.
- Minor changes can be made at any time.
- Renzo van Engelen will discuss major substantive changes 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
- 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.
- This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.
Consequences of nullity or voidability
- If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
- In that case, a provision that is null or voidable will be replaced by a provision that comes closest to what Renzo van Engelen had in mind when drafting the conditions on that point.
Applicable law and competent court
- Only Dutch law applies to every agreement between the parties.
- The Dutch court in the district where Renzo van Engelen is established / practices / has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.
Prepared on 20-01-2020