5 months ago

Terms

Version 1.2, Revision 6


Definitions

  1. Pliek: Pliek B.V., established in The Hague, Chamber of Commerce no. 77929284.
  2. Customer: the person with whom Pliek has entered into an agreement.
  3. Parties: Pliek and customer together.

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 Pliek. 
  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 customer or of third parties.

Prices

  1. All prices used by Pliek are in euros, are inclusive of VAT
  2. Pliek is entitled to adjust all prices for its products or services, on its website at any time.

Payments and payment term

  1. 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 Pliek having to send the customer a reminder or to put him in default. 
  2. Pliek 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.

Consequences of late payment

  1. If the customer does not pay within the agreed term, Pliek is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.
  2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Pliek. 
  3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs. 
  4. If the customer does not pay on time, Pliek may suspend its obligations until the customer has met his payment obligation. 
  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Pliek on the customer are immediately due and payable. 
  6. If the customer refuses to cooperate with the performance of the agreement by Pliek, he is still obliged to pay the agreed price to Pliek. 

Settlement 

  1. The customer waives his right to settle any debt to Pliek with any claim on Pliek. 

Cancellation of the contract for an indefinite period of time 

  1. The customer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of a notice period of .
  2. A consumer has the right to terminate an agreement for an indefinite period with due observance of a notice period of 1 month.

Indemnity

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

Complaints

  1. The customer must examine a service provided by Pliek as soon as possible for possible shortcomings.
  2. If a delivered service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Pliek of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. 
  3. The customer gives a detailed description as possible of the shortcomings, so that Pliek is able to respond adequately. 
  4. The customer must demonstrate that the complaint relates to an agreement between the parties.

Giving notice

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

Liability of Pliek

  1. Pliek is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence. 
  2. Pliek is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
  3. All images, photos, colors, drawings, descriptions on the website 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.

Force majeure

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Pliek in the fulfillment of any obligation to the customer cannot be attributed to Pliek in any situation independent of the will of Pliek, 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 Pliek . 
  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 Pliek cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Pliek 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. Pliek 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.

Changes in the general terms and conditions

  1. Pliek 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 the content will be discussed by Pliek with the customer in advance as much as possible. 

Consequences of nullity or annullability

  1. f 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 Pliek 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 Pliek is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

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