GENERAL TERMS AND CONDITIONS WEB IT UP
1. Web it Up: Web it Up, established in Diemen under Chamber of Commerce no. 65306643.
2. Customer: the person with whom Web it Up has entered into an agreement.
3. Parties: Web it Up and the 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 Web it Up.
2. Parties can only deviate from these terms and conditions if they have explicitly agreed 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 Web it Up 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 agreed explicitly and in writing.
1. Upon acceptance of a quotation or offer without obligation, Web it Up 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.
2. Verbal acceptance of the customer only binds Web it Up after the customer has confirmed this in writing (or electronically).
1. All prices that Web it Up uses are in euros, are exclusive 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. All prices that Web it Up uses for its products or services, on its website or that are otherwise made known, Web it Up can change at any time.
3. Increases in the cost prices of products or parts thereof, which Web it Up could not foresee at the time of making the offer or the conclusion of the agreement, 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 Web it Up on the basis of the hours actually spent.
6. The price is calculated according to Web it Up’s usual hourly rates, valid for the period in which he performs the work, unless a different hourly rate has been agreed.
7. If the parties have agreed on a total amount for a service by Web it Up, this is always a target price, unless the parties have explicitly agreed in writing on a fixed price, which cannot be deviated from.
8. Web it Up is entitled to deviate up to 10% of the target price.
9. If the target price is more than 10% higher, Web it Up 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. Web it Up has the right to adjust the prices annually.
12. Prior to its commencement, Web it Up will communicate price adjustments to the customer.
13. The consumer has the right to cancel the agreement with Web it Up if he does not agree with the price increase.
Payments and payment term
1. Web it Up may require a down payment of up to 50% of the agreed amount when entering into the agreement.
2. The customer must make subsequent payments within 7 days after delivery of the product.
3. Payment terms are considered to be deadlines. 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 Web it Up having to send the customer a reminder or declare it in default.
4. Web it Up 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, Web it Up 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. .
2. If the customer is in default, he will also owe extrajudicial collection costs and any compensation to Web it Up.
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, Web it Up may suspend its obligations until the customer has fulfilled his payment obligation.
5. In the event of liquidation, bankruptcy, seizure or moratorium on the part of the customer, the claims of Web it Up on the customer are immediately due and payable.
6. If the customer refuses to cooperate in the performance of the agreement by Web it Up, he is still obliged to pay the agreed price to Web it Up.
Right of Complaint
1. As soon as the customer is in default, Web it Up is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
2. Web it Up invokes the right of complaint by means of a written or electronic notification.
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 Web it Up, unless the parties make other agreements about this.
4. The costs for the return or return of the products are for the account 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 is not 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:
o on the day after the consumer has received the last product or part of 1 order
o as soon as the consumer has received the first product in a subscription
o as soon as the consumer has purchased a service for the first time
o 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@example.com, if desired using the withdrawal form that can be obtained via the Web it Up website, https://webitup-company.com/. downloaded.
4. The consumer is obliged to return the product to Web it Up within 14 days after making known his right of withdrawal, failing which his right of withdrawal will lapse.
5. The costs for returning will only be borne by Web it Up if the entire order is returned.
6. If the purchase costs and any other costs (such as shipping and return costs) qualify for reimbursement according to the law, Web it Up will reimburse these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, on provided that the consumer has returned the product to Web it Up 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. Web it Up 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 Web it Up, 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 Web it Up.
3. Web it Up is never liable for any damage that the customer may possibly 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 to Web it Up against a claim on Web it Up.
Retention of title
1. Web it Up remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards Web it Up on the basis of any agreement concluded with Web it Up, including claims regarding shortcomings in the compliance.
2. Until then, Web it Up 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 encumber the products.
4. If Web it Up invokes its retention of title, the agreement is considered dissolved and Web it Up has the right to claim compensation, lost profit and interest.
1. Delivery takes place while stocks last.
2. Delivery takes place at Web it Up, 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, Web it Up has the right to suspend its obligations until the agreed part has been paid.
5. In case of late payment, there is a default of creditors, with the result that the customer cannot object to a late delivery to Web it Up.
1. The delivery times stated by Web it Up 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 Web it Up signed by the customer for approval has been confirmed by Web it Up to the customer in writing or electronically.
3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Web it Up cannot deliver within 14 days after being reminded in writing or 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 at the expense of the customer, unless the parties have agreed otherwise.
Packaging and shipping
1. If the packaging of a delivered product has been opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which Web it Up cannot be held liable. held for any 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 Web it Up prior to the transport, failing which Web it Up cannot be held liable for any damage.
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:
o goods delivered that are necessary for the performance of the underlying agreement
o items of Web it Up that are present at the customer
o items that are delivered under retention of title
2. The customer will provide the policy of these insurances for inspection at Web it Up’s first request.
1. If the customer does not purchase the 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.
1. When the parties have entered into an agreement of a service nature, this only contains best efforts obligations for Web it Up, 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 case 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 moment when they are legally and / or actually delivered, or at least come under the control of the customer or from a third party who receives the product on behalf of the customer.
Execution of the agreement
1. Web it Up executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. Web it Up has the right to have the agreed services (partially) performed by third parties.
3. The execution 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 Web it Up can start implementing the agreement on time.
5. If the customer has not ensured that Web it Up can start the execution of the agreement on time, the resulting additional 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 Web it Up 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, Web it Up 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 Web it Up and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the customer. customer.
Duration of the agreement
1. The agreement between Web it Up and the customer is entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or the parties have explicitly agreed otherwise in writing.
2. 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 cancels the agreement with due observance of a notice period of 2 months, or a consumer the agreement. cancels with due observance of a notice period of 1 month, the agreement will end by operation of law.
3. 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 Web it Up written notice of default.
Termination of the contract for an indefinite period
1. The customer can terminate an agreement that has been entered into for an indefinite period at any time with due observance of a notice period of 2 months.
2. A consumer has the right to terminate an agreement for an indefinite period with due observance of a notice period of 1 month.
1. Web it Up retains all intellectual property rights (including copyright, patent law, trademark law, drawings and models law, etc.) on all designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, etc. models, etc., unless the parties have agreed otherwise in writing.
2. The customer may not copy the said intellectual property rights or have them copied, show them to third parties and / or make them available or use them in any other way without prior written permission from Web it Up.
1. If the other party violates the article of these general terms and conditions on confidentiality or on intellectual property, he will forfeit an immediately payable fine for each violation on behalf of trade name.
• if the other party is a consumer, this fine will be € 1,000
• if the other party is a legal entity, this fine is € 5,000
2. In addition, the other party forfeits an amount of 5% of the amount referred to in paragraph 1 for each day that the violation continues.
3. No prior notice of default or legal proceedings are required for forfeiting this fine. Nor does there need to be any form of damage.
4. The forfeiture of the fine referred to in the first paragraph of this article does not affect Web it Up’s other rights, including its right to claim compensation in addition to the fine.
The customer indemnifies Web it Up against all claims from third parties related to the products and / or services delivered by Web it Up.
1. The customer must examine a product or service provided by Web it Up as soon as possible for possible shortcomings.
2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Web it Up of this as soon as possible, but in any case within 1 month after discovery of the shortcomings. set.
3. Consumers must inform Web it Up 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 Web it Up 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 Web it Up being obliged to perform other work than agreed.
Notice of default
1. The customer must notify Web it Up of notice of default in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Web it Up (on time).
Joint and several liability of the customer
If Web it Up enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts that they owe to Web it Up on the basis of that agreement.
Liability Web it Up
1. Web it Up is only liable for any damage that the customer suffers if and insofar as that damage is caused by intent or deliberate recklessness.
2. If Web it Up is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
3. Web it Up is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
4. If Web it Up is liable, this liability is limited to the amount of the agreement the liability is part of.
Any right of the customer to compensation from Web it Up lapses in any case 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 Web it Up 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 Web it Up is not permanent or temporarily impossible, dissolution can only take place after Web it Up is in default.
3. Web it Up 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 Web it Up has taken cognizance of circumstances that give him good grounds to fear that the customer will not be able to properly fulfill his obligations.
1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of Web it Up in the fulfillment of any obligation towards the customer cannot be attributed to Web it Up in any of the will of Web it Up. independent situation, 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 Web it Up.
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 Web it Up cannot fulfill 1 or more obligations towards the customer, then those obligations will be suspended until Web it Up 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. Web it Up 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. Web it Up is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Web it Up will discuss major substantive changes with the customer in advance as much as possible.
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 Web it Up.
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 void-ability
1. If one or more provisions of these general terms and conditions appear to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Web it Up had in mind when drawing up the conditions.
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 Web it Up has its registered office / practice / office has exclusive jurisdiction to hear any disputes between the parties, unless the law requires otherwise.
Drawn up on August 14, 2020.