General terms and conditions Wrap My Bike
- Wrap My Bike: Wrap My Bike, established in Medemblik under Chamber of Commerce no. 73620343. 2. Customer: the person with whom Wrap My Bike has entered into an agreement.
- Parties: Wrap My Bike 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 Wrap My Bike.
- 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 quotations
- Offers and quotations from Wrap My Bike are without obligation, unless explicitly 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.
- When accepting a quotation or offer without obligation, Wrap My Bike 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.
- Oral acceptance by the customer only binds Wrap My Bike after the customer has confirmed this in writing (or electronically).
Consequences of late payment
- If the customer does not pay within the agreed term, Wrap My Bike is entitled to charge 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 Wrap My Bike.
- 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, Wrap My Bike may suspend its obligations until the customer has fulfilled its payment obligation.
- In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, Wrap My Bike’s claims against the customer are immediately due and payable.
- If the customer refuses to cooperate in the implementation of the agreement by Wrap My Bike, he is still obliged to pay the agreed price to Wrap My Bike. Right of suspension Unless the customer is a consumer,
Unless the customer is a consumer, the customer waives his right to set off a debt owed to Wrap My Bike against a claim against Wrap My Bike.
The customer indemnifies Wrap My Bike against all third-party claims related to the products and/or services supplied by Wrap My Bike.
- The customer must examine a product or service provided by Wrap My Bike as soon as possible for any shortcomings.
- If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Wrap My Bike of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. set.
- Consumers must inform Wrap My Bike of this within 2 months after discovery of the shortcomings.
- The customer provides as detailed a description as possible of the shortcoming, so that Wrap My Bike 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
that Wrap My Bike can be held to perform other work than has been agreed.
Notice of default
- The customer must notify Wrap My Bike of notice of default in writing.
- It is the customer’s responsibility that a notice of default actually reaches Wrap My Bike (on time).
Joint and several liability of customer
If Wrap My Bike enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts that they owe to Wrap My Bike under that agreement.
Liability Wrap My Bike
- Wrap My Bike is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
- If Wrap My Bike is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
- Wrap My Bike is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
- If Wrap My Bike 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 Wrap My Bike 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 termination
- The customer has the right to terminate the agreement if Wrap My Bike imputably fails to fulfill its obligations, unless this failure does not justify termination due to its special nature or minor significance.
- If the fulfillment of the obligations by Wrap My Bike is not permanently or temporarily impossible, dissolution can only take place after Wrap My Bike is in default.
- Wrap My Bike 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 Wrap My
Bike has taken cognizance of circumstances that give him good grounds to fear that the customer will not be able to fulfill his obligations properly.
- In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure on the part of Wrap My Bike in the fulfillment of any obligation with regard to the customer cannot be attributed to Wrap My Bike at the will of Wrap My Bike-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 from Wrap My Bike.
- 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 occurs as a result of which Wrap My Bike cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until Wrap My Bike can meet 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.
- Wrap My Bike 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 good time and in mutual consultation.
Amendment of general terms and conditions
- Wrap My Bike is entitled to amend or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- Wrap My Bike 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 Wrap My Bike.
- 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.
- A provision that is null or voidable will in that case be replaced by a provision that comes closest to what Wrap My Bike had in mind when drafting the conditions on that point.
Applicable law and competent court
- All agreements between the parties are exclusively governed by Dutch law.
- The Dutch court in the district where Wrap My Bike is located / has its practice / has its
office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.