General Terms & Conditions

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Last updated date: 16-10-2019

Definitions

  1. YDOC.biz: Your Data Our Care B.V., established in Bennekom, Chamber of Commerce no. 69746893.
  2. Customer: the person with whom YDOC.biz has entered into an agreement.
  3. Parties: YDOC.biz and customer together.
  4. Consumer: a customer who is an individual acting for private purposes.

Applicability

  1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of YDOC.biz.
  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the

Prices

  1. All prices used by YDOC.biz are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
  2. YDOC.biz is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
  3. Increases in the cost prices of products or parts thereof, which YDOC.biz could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
  4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

Samples / models

If the customer has received a sample or model of a product, he can not derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.

Consequences of late payment

  1. All prices used by YDOC.biz are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
  2. YDOC.biz is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
  3. Increases in the cost prices of products or parts thereof, which YDOC.biz could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
  4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

Right of recovery of goods

  1. As soon as the customer is in default, YDOC.biz is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
  2. YDOC.biz invokes the right of recovery by means of a written or electronic announcement.
  3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to YDOC.biz, unless the parties agree to make other arrangements about this.
  4. The costs for the collection or return of the products are at the expense of the customer.

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

  1. YDOC.biz can appeal to his right of retention of title and in that case retain the products sold by YDOC.biz to the customer until the customer has paid all outstanding invoices with regard to YDOC.biz, unless the customer has provided sufficient security for these payments.
  2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to YDOC.biz.
  3. YDOC.biz is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement

The customer waives his right to settle any debt to YDOC.biz with any claim on YDOC.biz.

Retention of title

  1. YDOC.biz remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to YDOC.biz under whatever agreement with YDOC.biz including of claims regarding the shortcomings in the performance.
  2. Until then, YDOC.biz can invoke its retention of title and take back the goods.
  3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
  4. If YDOC.biz invokes its retention of title, the agreement will be dissolved and YDOC.biz has the right to claim compensation, lost profits and interest.

Insurance

Storage

  1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
  2. Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.

Guarantee

  1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
  2. 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, or when the cause of the defect can not clearly be established.
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

Exchange

  1. Exchange is only possible if the following conditions are met:
    • exchange takes place within 30 days after purchase upon presentation of the original invoice
    • the product is returned in the original packaging or with the original (price) tags still attached to it
    • the product has not been used
  2. Discounted items, non-shelf articles such as food, custom made items or specially adapted articles for the customer cannot be exchanged

Indemnity

The customer indemnifies YDOC.biz against all third-party claims that are related to the products and/or services supplied by YDOC.biz.

Complaints

  1. The customer must examine a product or service provided by YDOC.biz as soon as possible for possible 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 YDOC.biz of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
  3. Consumers must inform YDOC.biz of this within two months after detection of the shortcomings.
  4. The customer gives a detailed description as possible of the shortcomings, so that YDOC.biz 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 can in any case not lead to YDOC.biz being forced to perform other work than has been agreed.

Giving notice

  1. The customer must provide any notice of default to YDOC.biz in writing.
  2. It is the responsibility of the customer that a notice of default actually reaches YDOC.biz (in time).

Joint and several Client liabilities

If YDOC.biz enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to YDOC.biz under that agreement.

Liability of YDOC.biz

  1. YDOC.biz is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
  2. If YDOC.biz is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
  3. YDOC.biz is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
  4. If YDOC.biz 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.
  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and can not 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 YDOC.biz shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

Dissolution

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

Force majeure

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of YDOC.biz in the fulfillment of any obligation to the customer cannot be attributed to YDOC.biz in any situation independent of the will of YDOC.biz, 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 YDOC.biz .
  2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as 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.
  3. If a situation of force majeure arises as a result of which YDOC.biz cannot fulfill one or more obligations towards the customer, these obligations will be suspended until YDOC.biz can comply with it.
  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. YDOC.biz 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.

Changes in the general terms and conditions

  1. YDOC.biz is entitled to amend or supplement these general terms and conditions.
  2. Changes of minor importance can be made at any time.
  3. Major changes in content will be discussed by YDOC.biz 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. The customer can not transfer its rights deferring from an agreement with YDOC.biz to third parties without the prior written consent of YDOC.biz .
  2. 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

  1. 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.
  2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what YDOC.biz had in mind when drafting the conditions on that issue.

Applicable law and competent court

  1. Dutch law is exclusively applicable to all agreements between the parties.
  2. The Dutch court in the district where YDOC.biz is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.