General Terms and Conditions
Private company with an ordinary structure Dekkers Visual Communication BV (hereinafter: Dekkers Visual Communication), also trading under name Dekkers International is registered with the Chamber of Commerce under number 17121214 and has its registered office at Beukenlaan 115 (5616VC) in Eindhoven, the Netherlands.
Article 1 - Definitions
1. In these general terms and conditions, the following terms are used in the following meaning, unless explicitly stated otherwise:
2. Offer: Any written offer to the Buyer to deliver Products by the Seller to which these terms and conditions are inextricably linked.
3. Buyer: The natural or legal person who acts in the course of a profession or business who enters into a (distance) Agreement with the Seller.
4. Agreement: The (distance) purchase agreement that extends to the sale and delivery of Products purchased by the Buyer from Dekkers Visual Communication.
5. Products: The Products offered by Dekkers Visual Communication are illuminated advertisements in the beverage industry.
6. Seller: The supplier of Products to Buyer, hereinafter: Dekkers Visual Communication.
Article 2 - Applicability
1. These general terms and conditions apply to every Offer by Dekkers Visual Communication and every Agreement between Dekkers Visual Communication and a Buyer and to every Product offered by Dekkers Visual Communication.
2. Before a (distance) Agreement is concluded, the Buyer will be provided with these general terms and conditions. If this is not reasonably possible, Dekkers Visual Communication will indicate to the Buyer how the Buyer can view the general terms and conditions, which are in any case published on the Dekkers Visual Communication website, so that the Buyer can easily store these general terms and conditions on a durable data carrier.
3. In exceptional situations, it is possible to deviate from these general terms and conditions if this has been explicitly agreed in writing with Dekkers Visual Communication.
4. These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer. Any general and/or purchase conditions of the Buyer are expressly rejected.
5. If one or more provisions of these general terms and conditions are partially or wholly invalid or are invalid, the other provisions of these general terms and conditions will remain in force and the invalid/nullified provision(s) will be replaced by a provision with the same purport as the original provision.
6. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
7. If reference is made to she/her in these general terms and conditions, this should also be construed as a reference to he/him/are, if and insofar as applicable.
Article 3 - The Offer
1. All offers made by Dekkers Visual Communication are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the offer. An Offer only exists if it has been laid down in writing.
2. The Offer made by Dekkers Visual Communication is without obligation. Dekkers Visual Communication is only bound by the Offer if the Buyer's acceptance thereof is confirmed in writing within 7 days, or if the Buyer has already paid the amount due. Nevertheless, Dekkers Visual Communication has the right to refuse an Agreement with a potential Buyer for reasons that are justified for Dekkers Visual Communication.
3. The Offer contains an accurate description of the offered Product with associated prices. The description is detailed in such a way that the Buyer is able to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot be binding on Dekkers Visual Communication. Any images and specific data in the Offer are only an indication and cannot be a ground for any compensation or termination of the Agreement (remotely). Dekkers Visual Communication cannot guarantee that the colors in the image correspond exactly to the real colors of the Product.
4. Delivery times and terms stated in the Dekkers Visual Communication Offer are indicative and, if they are exceeded, do not entitle the Buyer to termination or compensation, unless expressly agreed otherwise.
5. A composite quotation does not oblige Dekkers Visual Communication to deliver part of the goods included in the offer or Offer at a part of the stated price.
6. If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last, and on the run-out principle.
Article 4 - Conclusion of the Agreement
1. The Agreement is concluded at the moment that the Buyer has accepted an Offer from Dekkers Visual Communication because an order has been formalized via a purchase order or by signing an order confirmation.
2. An Offer can be made by Dekkers Visual Communication via a quotation.
3. If the Buyer has accepted the Offer by concluding an Agreement with Dekkers Visual Communication, Dekkers Visual Communication will confirm the Agreement with the Buyer in writing, or at least by email.
4. If the acceptance (on minor points) deviates from the Offer, Dekkers Visual Communication is not bound by it.
5. Dekkers Visual Communication is not bound by an Offer if the Buyer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or clerical error. The Buyer cannot derive any rights from this mistake or error.
6. The right of withdrawal is excluded for the Buyer.
7. Products that cannot be taken back due to (hygienic reasons, customization, etc.) are excluded from the right of withdrawal.
Article 5 - Execution of the Agreement
1. Dekkers Visual Communication will execute the Agreement to the best of its knowledge and ability.
2. If and insofar as required for proper performance of the Agreement, Dekkers Visual Communication has the right to have certain activities performed by third parties at its own discretion.
3. The Buyer shall ensure that all information, which Dekkers Visual Communication indicates is necessary or which the Buyer should reasonably understand to be necessary for the performance of the Agreement, is provided to Dekkers Visual Communication in a timely manner. If the information required for the execution of the Agreement is not provided to Dekkers Visual Communication in time, Dekkers Visual Communication has the right to suspend the execution of the Agreement.
4. In the performance of the Agreement, Dekkers Visual Communication is not obliged or obliged to follow the Buyer's instructions if this changes the content or scope of the Agreement. If the instructions result in additional work for Dekkers Visual Communication, the Buyer is obliged to reimburse the additional or additional costs accordingly.
5. Before proceeding with the execution of the Agreement, Dekkers Visual Communication may require security from the Buyer or full payment in advance.
6. Dekkers Visual Communication is not liable for damage, of whatever nature, that has arisen because Dekkers Visual Communication relied on incorrect and/or incomplete information provided by the Buyer, unless this incorrectness or incompleteness was known to Dekkers Visual Communication.
7. The Buyer indemnifies Dekkers Visual Communication against any claims from third parties who suffer damage in connection with the execution of the Agreement and which are attributable to the Buyer.
Article 6 - Developing designs
1. The buyer must record all requirements for developing a design in writing. Dekkers Visual Communication may deviate from this in consultation with the Buyer if it deems this necessary and/or desirable in order to achieve the desired result.
2. Unless the Parties agree on a different method, the design will be developed in accordance with the following method in 4 phases:
Phase I: Design. The parties enter into consultation with each other to translate the Buyer's wishes into a design. The information from the Buyer regarding, among other things, the number and the visual characteristics is crucial in this regard. Depending on the product or the products a suitable design is created. Dekkers Visual Communication will produce x number of sketches where one or more designs can be selected. The selected sketch(s) will be worked out. After approval of such a design, a quotation will be drawn up.
Phase II: Quotation. Dekkers Visual Communication prepares a quotation based on the design, which the Buyer must approve or reject in accordance with the agreed manner. This quotation serves as the basis for further creative elaboration.
Phase III: feedback. Such a product is then further fine-tuned according to the Buyer's instructions. The Buyer is hereby entitled to X number of adjustments, in accordance with Dekkers Visual Communication's determination at the time of entering into the agreement. The buyer is obliged to assess the design and/or to give its approval within a maximum period of 7 days, unless a different period has been expressly agreed. The parties can agree that the Buyer is still entitled to an additional number of adjustments after an initial approval. If more adjustment rounds are required, or if major changes are made, an additional cost may be charged.
Phase IV: delivery order. After the cooling-off period as mentioned in phase III, the developed design is final provided no adjustments/feedback have been made. In the other case, Dekkers Visual Communication will carry out a final adjustment round and the design will then be final. In accordance with the offer or agreement, the Buyer will receive the design.
3. Buyer acquires only a limited non-transferable license to use the design. All previous designs and sketches and other products remain the property of Dekkers Visual Communication and cannot be used by the Buyer, unless further agreements are made about this.
4. The Buyer is prohibited from making changes or having changes made to the designs of Dekkers Visual Communication without prior express written permission.
5. The molds in which the Product is cast remain the property of Dekkers Visual Communication at all times.
Article 7 - Delivery
1. If the commencement, progress or delivery of the Agreement is delayed because, for example, the Buyer has not supplied all the requested information or has not provided it on time, does not provide sufficient cooperation, the (down) payment has not been received in time by Dekkers Visual Communication or any delay due to other circumstances beyond the control of Dekkers Visual Communication, Dekkers Visual Communication is entitled to a reasonable extension of the delivery or completion period. All agreed delivery times are never strict deadlines. The buyer must give Dekkers Visual Communication written notice of default and allow it a reasonable term in which to deliver. The buyer is not entitled to any compensation due to the delay that has arisen.
2. The buyer is obliged to take delivery of the goods at the time they are made available to it in accordance with the Agreement, even if they are offered to it earlier or later than agreed.
3. If the Buyer refuses to take delivery or is negligent in providing information or instructions that are necessary for the delivery, Dekkers Visual Communication is entitled to store the goods at the expense and risk of the Buyer.
4. If the Products are delivered by Dekkers Visual Communication or an external carrier, Dekkers Visual Communication is entitled, unless otherwise agreed in writing, to charge any delivery costs. These will then be invoiced separately unless expressly agreed otherwise.
5. If Dekkers Visual Communication requires information from the Buyer in the context of the performance of the Agreement, the delivery time will only commence after the Buyer has provided Dekkers Visual Communication with all information necessary for the performance.
6. If Dekkers Visual Communication has specified a term for delivery, this is indicative. Longer delivery times apply for delivery outside the Netherlands.
7. Dekkers Visual Communication is entitled to deliver the goods in parts, unless this is deviated from by the Agreement or the partial delivery does not have an independent value. Dekkers Visual Communication is entitled to invoice the delivered goods separately.
8. Deliveries are only made before all invoices have been paid unless expressly agreed otherwise. Dekkers Visual Communication reserves the right to refuse delivery if there is a well-founded fear of non-payment.
Article 8 - Packaging and transport
1. Dekkers Visual Communication undertakes towards the Buyer to properly package the goods to be delivered and to secure them in such a way that they reach their destination in good condition under normal use.
2. Unless otherwise agreed in writing, all deliveries are exclusive of turnover tax (VAT), including packaging and packaging material.
3. Accepting items without comments or comments on the consignment note or receipt serves as proof that the packaging was in good condition at the time of delivery.
Article 9 - Examination, complaints
1. The buyer is obliged to inspect the delivered goods at the time of delivery or delivery, but in any case within 14 days of receipt of the delivered goods, but only to unpack or to the extent necessary to assess whether it retains the Product. In doing so, the Buyer must investigate whether the quality and quantity of the delivered goods correspond to the Agreement and whether the Products meet the requirements that apply to them in normal (trade) traffic.
2. The Buyer is obliged to investigate and inform himself in which way the Product should be used and, in the event of personal use, to test the Product in accordance with the instructions for use. Dekkers Visual Communication accepts no liability for incorrect use of the Product by the Buyer.
3. Any visible defects or shortcomings must be reported in writing to Dekkers Visual Communication at email@example.com after delivery. The buyer has a period of 14 days after delivery for this. Non-visible defects or shortcomings must be reported within 14 days of discovery, but no later than 6 months after delivery. In the event of damage to the Product due to careless handling by the Buyer itself, the Buyer is liable for any loss in value of the Product.
4. If a complaint is made in time pursuant to the previous paragraph, the Buyer remains obliged to pay for the purchased goods. If the Buyer wishes to return defective goods, this will only take place with the prior written consent of Dekkers Visual Communication in the manner indicated by Dekkers Visual Communication.
5. If the Buyer returns a defective Product, he will return the Product and all accessories, insofar as this is reasonably possible, in its original condition and packaging to Dekkers Visual Communication, in accordance with the return instructions of Dekkers Visual Communication. The direct costs for return shipments are at the expense and risk of the Buyer if the return shipment falls outside the warranty period.
6. Dekkers Visual Communication is entitled to initiate an investigation into the authenticity and condition of the returned Products before reimbursement will be made.
7. Refunds to the Buyer will be processed as soon as possible, but the refund can take no later than 14 days after receipt of the Buyer's declaration of termination. Refunds will be made to the previously specified account number.
8. If the Buyer exercises its right to complain, the Buyer has no right to suspend its payment obligation nor to set off outstanding invoices.
9. In the absence of a complete delivery, and/or if one or more Products are missing, and this is attributable to Dekkers Visual Communication, Dekkers Visual Communication will send the missing Product(s) or cancel the remaining order. The confirmation of receipt of the Products is leading in this regard. Any damage suffered by the Buyer as a result of the (deviating) scope of the delivery cannot be recovered from Dekkers Visual Communication.
Article 10 - Prices
1. During the period of validity of the Offer, the prices of the Products offered will not be increased, unless there are changes in VAT rates.
2. The prices stated in the Offer are exclusive of VAT, unless expressly stated otherwise.
3. The prices as stated in the Offer are based on the cost factors applicable at the time of the conclusion of the Agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes.
4. In the case of Products or raw materials for which there are price fluctuations in the financial market and on which Dekkers Visual Communication has no influence, Dekkers Visual Communication can offer these Products at variable prices. It is stated in the Offer that the prices are target prices and may fluctuate.
Article 11 - Payment and collection policy
1. The Buyer is obliged to pay the agreed fee to Dekkers Visual Communication within 30 days of delivery of the Products, unless otherwise agreed. Payment is made in the currency in which is invoiced via the method indicated.
2. The buyer cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.
3. The buyer must make a lump sum payment to the account number and details of Dekkers Visual Communication made known to it. Parties can only agree on a different payment term after explicit and written permission from Dekkers Visual Communication.
4. If a periodic payment obligation of the Buyer has been agreed, Dekkers Visual Communication is entitled to adjust the applicable prices and rates in writing with due observance of a term of 3 months.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, the claims of Dekkers Visual Communication against the Buyer are immediately due and payable.
6. Dekkers Visual Communication has the right to have the payments made by the Buyer go first of all to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the current interest. Dekkers Visual Communication may, without being in default as a result, refuse an offer of payment if the Buyer designates a different order for the allocation. Dekkers Visual Communication may refuse full repayment of the principal if the outstanding and current interest as well as the costs are not also paid.
7. If the Buyer does not meet its payment obligation and has not fulfilled its obligation within the specified payment term of 30 days, the Buyer is in default.
8. From the date that the Buyer is in default, Dekkers Visual Communication will, without further notice of default, be entitled to the statutory (commercial) interest from the first day of default until full payment and compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated in accordance with the scale from the decision on compensation for extrajudicial collection costs of 1st of July 2012.
9. If Dekkers Visual Communication has incurred more or higher costs that are reasonably necessary, these costs are eligible for compensation. The judicial and enforcement costs incurred are also for the account of the Buyer.
Article 12 - Retention of Title
1. All goods delivered by Dekkers Visual Communication remain the property of Dekkers Visual Communication until the Buyer has fulfilled all the following obligations under all Agreements concluded with Dekkers Visual Communication.
2. The buyer is not authorized to pledge or encumber the items subject to retention of title in any other way if the ownership has not yet been transferred in full.
3. If third parties seize the goods delivered subject to retention of title or wish to establish or assert rights thereon, the Buyer is obliged to inform Dekkers Visual Communication of this as soon as can reasonably be expected.
4. In the event that Dekkers Visual Communication wishes to exercise its property rights referred to in this article, the Buyer already now grants unconditional and irrevocable permission and authorization to Dekkers Visual Communication or to third parties to be designated by them to enter all those places where the properties of Dekkers Visual Communication and to take those matters back.
5. Dekkers Visual Communication has the right to reclaim and obtain possession of the Product(s) purchased by the Buyer if the Buyer has not yet (fully) fulfilled its payment obligations. After the Buyer has fulfilled its obligations, Dekkers Visual Communication will make every effort to deliver the purchased Products to the Buyer as soon as possible, but at the latest within 20 working days.
6. Costs and other (consequential) damage as a result of retaining the purchased Products are for the account and risk of the Buyer and will be reimbursed by the Buyer on first request to Dekkers Visual Communication.
Article 13 - Warranty
1. Dekkers Visual Communication guarantees that the Products comply with the Agreement, the specifications stated in the offer, usability and/or reliability and the legal rules/regulations at the time of the conclusion of the Agreement. This also applies if the goods to be delivered are intended for use abroad and the Buyer has explicitly notified Dekkers Visual Communication of this use at the time of entering into the Agreement.
2. Not covered by the warranty are defects that can be traced back in full or in part to:
injudicious treatment by the Buyer;
improper storage by the Buyer as a result of which the Product is exposed to the effect of moisture, pollution, high and low temperatures, shocks and vibrations or storage for too long;
wear and tear that was foreseeable to the Buyer;
use, treatment or processing of the finished product other than in accordance with the guidelines and specifications provided with the Product or other than in accordance with the purpose for which the Products were delivered;
comply with any government regulation;
defects that arose after the generally accepted lifespan for the relevant Products has expired;
3. If the Buyer has made changes to the Product, or uses, processes or processes the Product other than in accordance with the guidelines and specifications provided with the Product or other than in accordance with the purpose for which the Product was supplied, or if the Product is not a dealer supplied by Dekkers Visual Communication has been repaired, the warranty will lapse.
4. If and insofar as Dekkers Visual Communication is obliged to provide any form of guarantee towards the Buyer with regard to the Product, the guarantee provided by Dekkers Visual Communication shall never extend beyond the guarantee given by the supplier.
5. The defect in the Product will be repaired or completely replaced by Dekkers Visual Communication free of charge, provided that the Product is returned by the Buyer at the place where delivery took place for the intended repair.
6. Any warranty claim lapses if the Buyer does not submit a warranty certificate dated and signed by Dekkers Visual Communication. Dekkers Visual Communication will provide the aforementioned warranty certificate upon delivery of the Products.
7. If Dekkers Visual Communication proceeds to complete or partial replacement of the Product or to full or partial refund of the purchase price, Dekkers Visual Communication can settle the advantage of the temporary use by the Buyer.
8. Under no circumstances does this warranty extend beyond the supply of new parts.
9. Replacement or repair of the Product pursuant to this warranty provision does not extend the agreed warranty period.
10. During the period in which the Buyer is in default, Dekkers Visual Communication is not obliged to fulfill any obligation under this agreement and Dekkers Visual Communication is not obliged to provide any guarantee.
11. Any liability towards the Buyer in respect of a defective delivery is at all times limited to the warranty obligations stated above.
12. Dekkers Visual Communication does not guarantee results with regard to the provision of marketing services. Dekkers Visual Communication only applies a certain strategy that has yielded results in the past.
Article 14 - Suspension and termination
1. Dekkers Visual Communication is authorized to suspend the fulfillment of the obligations or to dissolve the Agreement if the Buyer does not or not fully fulfill the (payment) obligations under the Agreement.
2. In addition, Dekkers Visual Communication is authorized to dissolve the Agreement existing between it and the Buyer, insofar as it has not yet been performed, without judicial intervention if the Buyer does not timely or properly fulfill its obligations under any agreement with Dekkers. Visual Communication concluded Agreement.
3. Furthermore, Dekkers Visual Communication is authorized to dissolve the Agreement (or have it dissolved) without prior notice of default if circumstances arise of such a nature that fulfillment of the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if otherwise circumstances arise which are of such a nature that unaltered maintenance of the Agreement cannot reasonably be expected.
4. If the Agreement is dissolved, Dekkers Visual Communication's claims against the Buyer are immediately due and payable. When Dekkers Visual Communication suspends the fulfillment of its obligations, it retains its rights under the law and the Agreement.
5. Dekkers Visual Communication always reserves the right to claim compensation.
Article 15 - Limitation of liability
1. If the performance of the Agreement by Dekkers Visual Communication leads to liability on the part of Dekkers Visual Communication towards the Buyer or third parties, that liability is limited to the costs charged by Dekkers Visual Communication in connection with the Agreement, unless the damage is caused by intent or gross negligence. The liability of Dekkers Visual Communication is in any case limited to the maximum amount of damage that is paid out by the insurance company per event per year.
2. Dekkers Visual Communication is not liable for consequential damage, indirect damage, loss of profit and/or loss suffered, missed savings and damage as a result of the use of the delivered Products is excluded.
3. Dekkers Visual Communication is not liable for and/or obliged to repair damage caused by the use of the Product. Dekkers Visual Communication provides strict maintenance and usage instructions that must be complied with by the Buyer. All damage to Products as a result of wearing and using is expressly excluded from liability (this includes traces of use, use damage, fall damage, light and water damage, theft, loss, etc.).
4. Dekkers Visual Communication is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.
5. Dekkers Visual Communication is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for whatever reason.
6. Dekkers Visual Communication does not guarantee a correct and complete transmission of the content of an e-mail sent by/on behalf of Dekkers Visual Communication, nor for the timely receipt thereof.
7. All claims by the Buyer due to shortcomings on the part of Dekkers Visual Communication will lapse if they have not been reported in writing and with reasons to Dekkers Visual Communication within one year after the Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. All claims of the Buyer shall in any case expire one year after the termination of the Agreement.
Article 16 - Force majeure
1. Dekkers Visual Communication is not liable if it is unable to fulfill its obligations under the Agreement as a result of a force majeure situation, nor can it be obliged to fulfill any obligation if it is prevented from doing so as a result of a circumstance that is not due to its fault and that is not for its account by virtue of the law, legal act or generally accepted standards.
2. Force majeure is in any case understood to mean, but is not limited to what is understood in this regard in law and jurisprudence, (i) force majeure of suppliers of Dekkers Visual Communication, (ii) failure to properly fulfill obligations of suppliers that are Buyer has been prescribed or recommended to Dekkers Visual Communication, (iii) defective goods, equipment, software or materials of third parties, (iv) government measures, (v) electricity failure, (vi) failure of the internet, data network and telecommunication facilities (for example by: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the Dekkers Visual Communication company and (xi) other situations that, in Dekkers Visual Communication's opinion, are outside the scope of fall within its sphere of influence that temporarily or permanently prevent the fulfillment of its obligations.
3. Dekkers Visual Communication has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after Dekkers Visual Communication should have fulfilled its obligation.
4. During the period that the force majeure continues, the parties can suspend the obligations under the Agreement. If this period lasts longer than two months, each of the parties is entitled to dissolve the Agreement, without any obligation to pay compensation to the other party.
5. Insofar as Dekkers Visual Communication has partially fulfilled or will be able to fulfill its obligations under the Agreement at the time of the occurrence of force majeure, and the part fulfilled or to be performed has independent value, Dekkers Visual Communication is entitled to to invoice the fulfilled part or the part to be fulfilled separately. The Buyer is obliged to pay this invoice as if it were a separate Agreement.
Article 17 - Transfer of Risk
The risk of loss or damage to the Products that are the subject of the Agreement transfers to the Buyer at the moment the goods leave the warehouse of Dekkers Visual Communication, unless explicitly agreed otherwise between the Buyer and Dekkers Visual Communication.
Article 18 - Intellectual Property Rights
1. All intellectual property rights and copyrights of Dekkers Visual Communication rest exclusively with Dekkers Visual Communication and are not transferred to the Buyer.
2. The Buyer is prohibited from disclosing and/or multiplying, modifying or making available to third parties all documents covered by the intellectual property rights and copyrights of Dekkers Visual Communication without the express prior written consent of Dekkers Visual Communication. If the Buyer wishes to make changes to goods delivered by Dekkers Visual Communication, Dekkers Visual Communication must explicitly agree to the intended changes.
3. The Buyer is prohibited from using the Products to which the intellectual property rights of Dekkers Visual Communication rest other than as agreed in the Agreement.
Article 19 - Privacy, data processing and security
1. Dekkers Visual Communication handles the (personal) data of the Buyer and visitors to the website(s) with care. If requested, Dekkers Visual Communication will inform the person concerned about this.
2. If Dekkers Visual Communication is required to provide information security under the Agreement, this security will meet the agreed specifications and a security level that, in view of the state of the art, the sensitivity of the data, and the associated costs, is not unreasonable.
Article 20 - Complaints
1. If the Buyer is not satisfied with the Products of Dekkers Visual Communication and/or has complaints about the (execution of the) Agreement, the Buyer is obliged to report these complaints as soon as possible, but no later than 14 calendar days after the relevant reason that led to the complaint. Complaints can be reported via firstname.lastname@example.org with the subject “Complaint”.
2. The complaint must be sufficiently substantiated and/or explained by the Buyer for Dekkers Visual Communication to be able to handle the complaint.
3. Dekkers Visual Communication will respond substantively to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
4. The parties will try to reach a solution together.
Article 21 - Applicable law
1. All Agreements between Dekkers Visual Communication and the Buyer are governed by Dutch law. In case of translations, the Dutch language is always leading. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
2. In the event of an explanation of the content and purport of these general terms and conditions, the Dutch text thereof is always decisive. Dekkers Visual Communication has the right to unilaterally change these general terms and conditions.
3. All disputes arising from or as a result of the Agreement between Dekkers Visual Communication and the Buyer will be settled by the competent court of the Oost-Brabant District Court, Eindhoven location, unless mandatory provisions lead to the jurisdiction of another court.
Eindhoven, 6th of September 2021.