hiddedevries.nl, established in Rotterdam, Chamber of Commerce no. 30272491. hiddedevries.nl is the trade name of Hidde de Vries.
Customer
the party which hiddedevries.nl has entered into an agreement with.
Parties
hiddedevries.nl and customer.
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 hiddedevries.nl.
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
An offer or quotation is valid for a maximum period of 2 weeks 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, hiddedevries.nl 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 hiddedevries.nl after the customer has confirmed this in
writing (or electronically).
Prices
All prices used by hiddedevries.nl are in euros, are exclusive of VAT.
Payments and payment term
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 hiddedevries.nl
having to send the customer a reminder or to put him in default.
hiddedevries.nl 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.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Settlement
The customer waives his right to settle any debt to hiddedevries.nl with any claim
on hiddedevries.nl.
Guarantee
When parties have entered into an agreement with services included, these services only contain best-effort
obligations for hiddedevries.nl, not obligations of results.
Performance of the agreement
hiddedevries.nl executes the agreement to the best of its knowledge and ability and in accordance with the
requirements of good workmanship.
hiddedevries.nl 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.
Duty to inform by the customer
The customer shall make available to hiddedevries.nl 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, hiddedevries.nl will return the relevant documents.
If the customer does not timely and properly provides the information, data or documents reasonably required
by hiddedevries.nl and the execution of the agreement is delayed because of this, the resulting additional costs
and extra hours will be charged to the customer.
Indemnity
The customer indemnifies hiddedevries.nl against all third-party claims that are related to the products
and/or services supplied by hiddedevries.nl.
Complaints
The customer must examine a product or service provided by hiddedevries.nl 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 hiddedevries.nl of this as soon as possible, but in any case within 1 month
after the discovery of the shortcomings.
The customer gives a detailed description as possible of the shortcomings, so that hiddedevries.nl 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 hiddedevries.nl being forced to
perform other work than has been agreed.
Joint and several Client liabilities
If hiddedevries.nl enters into an agreement with several customers, each of them shall be jointly and
severally liable for the full amounts due to hiddedevries.nl under that agreement.
Liability of hiddedevries.nl
hiddedevries.nl is only liable for any damage the customer suffers if and insofar as this damage is caused by
intent or gross negligence.
If hiddedevries.nl is liable for any damage, it is only liable for direct damages that results from or is
related to the execution of an agreement.
hiddedevries.nl is never liable for indirect damages, such as consequential loss, lost profit, lost savings or
damage to third parties.
If hiddedevries.nl 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 hiddedevries.nl shall, in any case, expire within 6
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.
Force majeure
In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of hiddedevries.nl in the
fulfillment of any obligation to the customer cannot be attributed to hiddedevries.nl in any situation
independent of the will of hiddedevries.nl, 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
hiddedevries.nl .
The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of
emergency (such as Act of God, 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 hiddedevries.nl cannot fulfill one or more
obligations towards the customer, these obligations will be suspended until hiddedevries.nl 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.
hiddedevries.nl 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.
Transfer of rights
The customer cannot transfer its rights deferring from an agreement with hiddedevries.nl to third parties
without the prior written consent of hiddedevries.nl.
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 hiddedevries.nl 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 hiddedevries.nl is established is exclusively competent in case of any
disputes between parties.