General terms and conditions webshop Experience Experts

Definitions

  1. Experience Experts: Experience Experts, established at Nijmegen under Chamber of Commerce no. 53170458.2.
  2. Client: the person with whom Experience Experts has entered into an agreement.
  3. Parties: Experience Experts and client together.3.
  4. Consumer: a customer who is also an individual acting as a private person.To

Applicability of general terms and conditions

  1. These terms and conditions apply only to all offers, work, orders, agreements
    and deliveries of services or products by or on behalf of Experience Experts webshop.
  2. The parties can only deviate from these terms and conditions if they have expressly agreed to do so in writing.

The parties exclude the applicability of additional and/or different general terms and conditions of the customer or of
third parties expressly.

Prices

  1. All prices quoted by Experience Experts are in euros, include VAT and exclude any other costs
    such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or
    otherwise agreed.
  2. All prices charged by Experience Experts for its products, on its website or otherwise communicated
    made, Experience Experts may change them at any time.
  3. Increases in the cost prices of products or components thereof, which Experience Experts could not foresee at
    at the time the offer was made or the agreement concluded may give rise to
    price increases. The consumer has the right to dissolve an agreement due to a price increase as referred to in paragraph 3, unless the increase is due to a statutory regulation.

Samples and models

If the customer has received a sample or model of a product, he cannot derive any other rights from it
than that it is an indication of the nature of the product, unless the parties have expressly agreed
that the products to be delivered match the sample or model.

Payments and payment term

  1. Experience Experts may, on entering into the agreement, require a deposit of up to 50% of the agreed
    amount demanded.
  2. The customer must have made payments in arrears within 7 days of delivery.
  3. Payment deadlines are regarded as deadlines for payment. This means that if the customer meets the
    has not paid the agreed amount by the last day of the payment period, he shall automatically be in
    default and in default, without Experience Experts having to send the customer a reminder or default notice, as the case may be.
    to set.
  4. Experience Experts reserves the right to make a delivery subject to immediate payment than
    do require security for the total amount of the services or products.

Consequences of not paying on time

  1. If the customer fails to pay within the agreed period, Experience Experts shall be entitled to charge the statutory interest of
    2% per month for non-commercial transactions and the statutory interest rate of 8% per month for commercial transactions in
    charge from the day the customer is in default, with part of a month counting for a whole
    month is counted.
  2. If the customer is in default, he is also liable for extrajudicial collection costs and any damages
    owed to Experience Experts.
  3. Collection costs are calculated according to the Decree on compensation for extrajudicial collection costs.
  4. If the customer fails to pay on time, Experience Experts may suspend its obligations until the customer complies with its
    payment obligation has been met.
  5. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, the claims
    of Experience Experts against the customer are immediately due and payable.
  6. If the customer refuses to cooperate in the execution of the agreement by Experience Experts, he is still
    always obliged to pay the agreed price to Experience Experts.

Right of advertising

  1. Once the customer is in default, Experience Experts shall be entitled to invoke the right of claim in respect of the
    unpaid products delivered to the customer.
  2. Experience Experts invokes the right of claim by written or electronic communication.
  3. As soon as the customer has been informed of the invoked right of complaint, the customer must return the products where this
    right relates to, immediately return it to Experience Experts, unless the parties agree otherwise.
    appointments.
  4. The cost of retrieving or bringing back the products shall be borne by the customer.

Right of withdrawal

  1. A consumer may cancel an online purchase during a 14-day cooling-off period 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 specially made or adapted for the consumer
    • it is not a product that cannot be returned for hygiene reasons (underwear, swimwear, etc.).
    • the seal is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
    • the product or service does not concern accommodation, travel, restaurant business, transport, catering or leisure activities
    • the product is not a loose magazine or newspaper
    • the consumer has not waived his right of withdrawal
  2. The 14-day cooling-off period as mentioned in paragraph 1 starts:
    • on the day after the consumer receives the last product or part of 1 order
    • once the consumer has confirmed that he will purchase digital content over the internet
  3. Consumers may exercise their right of withdrawal at kim@experienceexperts.nl, if desired using the withdrawal form which can be downloaded from Experience Experts' website, https://www.experienceexperts.nl.
  4. The consumer is obliged to return the product to Experience Experts within 14 days after having expressed his right of withdrawal, failing which his right of withdrawal lapses.

Reimbursement of delivery costs

  1. If the consumer has timely exercised his right of withdrawal and, as a result, has timely paid the full
    has returned the order to Experience Experts, then Experience Experts will refund to the consumer any
    paid shipping costs to the
    repay consumers.
  2. Delivery costs shall be borne by Experience Experts only to the extent that the entire order is
    is returned.

Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order in a timely manner, then
the cost of returning the entire order will be borne by the consumer.

Suspension right

Unless the customer is a consumer, the customer waives the right to terminate the performance of any from this
commitment arising from the agreement.

Lien

  1. Experience Experts may invoke its right of retention and, in that case, retain products of the customer
    hold, until the customer has settled all outstanding accounts in respect of Experience Experts, unless the
    customer has provided sufficient security for those costs.
  2. The lien also applies under previous agreements from which the customer still owes payments
    is to Experience Experts.
  3. Experience Experts shall never be liable for any damage the client may suffer as a result of the
    exercise its right of retention.

Settlement

Unless the customer is a consumer, the customer waives its right to owe a debt to Experience Experts
offset against a claim against Experience Experts.

Retention of title

  1. Experience Experts remains the owner of all products supplied until the customer has fully complied with all its
    payment obligations to Experience Experts pursuant to what for with Experience Experts entered into
    agreement whatsoever, including claims for failure to perform.
  2. Until then, Experience Experts may invoke its retention of title and repossess the goods.
    Before ownership has passed to the customer, the customer may not pledge, sell, dispose of the products
    or otherwise object.
  3. If Experience Experts invokes its retention of title, the contract shall be deemed to be dissolved and
    Experience Experts shall be entitled to claim damages, lost profits and interest.

Delivery

  1. Delivery takes place while stocks last.
  2. Delivery takes place at Experience Experts, unless the parties have agreed otherwise.
  3. Delivery of products ordered online takes place at the address specified by the customer.
  4. If the agreed amounts are not paid or not paid on time, Experience Experts shall be entitled to terminate its
    obligations until the agreed part has been paid.
  5. Late payment constitutes creditor default, resulting in the customer being unable to meet a late delivery
    Experience Experts may counter.

Delivery time

  1. The delivery times given by Experience Experts are indicative and, if exceeded, do not give the client any
    right to rescission or damages, unless the parties have expressly agreed otherwise in writing.
  2. The delivery period commences when the customer has fully completed the (electronic) ordering process and has been informed thereof
    received an (electronic) confirmation from Experience Experts.
  3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to
    dissolve the agreement, unless Experience Experts fails to do so within 14 days of being notified in writing to that effect.
    notified can deliver or the parties have agreed otherwise in this regard.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can be made in a timely manner
take place.

Transport costs

Transport costs shall be borne by the customer, unless the parties have agreed otherwise in this regard.

Packaging and shipping

  1. If the packaging of a delivered product has been opened or damaged, the customer must, before taking the product into
    take delivery, to have a note of this made by the forwarder or delivery person, failing which
    Experience Experts cannot be held liable for any damages.
  2. If the customer takes care of the transport of a product himself, he must report any visible damage to
    products or packaging prior to transportation to Experience Experts, failing which
    Experience Experts cannot be held liable for any damages.

Preservation

  1. If the customer takes delivery of ordered products later than the agreed delivery date, the risk of a
    any loss of quality entirely for the customer.
  2. Any additional costs resulting from premature or late purchase of products shall be borne entirely by
    of the customer.

Warranty

  1. The warranty relating to products applies only to defects caused by faulty
    manufacture, construction or material.
  2. The guarantee does not apply in case of normal wear and tear and damage caused by accidents,
    modifications made to the product, negligence or incompetent use by the customer, as well as when the
    cause of the defect cannot be clearly determined.
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between
    parties, passes to the customer at the time of legal and/or actual delivery, or at least in the
    come under the control of the customer or a third party taking delivery of the product on behalf of the customer.

Indemnity

The customer shall indemnify Experience Experts against all third-party claims related to the services provided by Experience
Experts provided products and/or services.

Complaints

  1. The customer should examine a product supplied or service rendered by Experience Experts as soon as possible
    on any shortcomings.
  2. Does a product delivered or service provided not meet what the customer reasonably expects from the agreement?
    could expect, then the customer must inform Experience Experts as soon as possible, but in any case within 1
    month after identifying the deficiencies.
  3. Consumers should notify Experience Experts no later than 2 months after discovering the deficiencies thereof
    informed.
  4. In doing so, the customer provides as detailed a description as possible of the shortfall, so that Experience Experts
    able to respond appropriately.
  5. The customer must demonstrate that the complaint relates to an agreement between the parties.
  6. In any case, if a complaint relates to ongoing work, it cannot result in
    Experience Experts may be required to perform work other than that agreed.

Notice of default

  1. The customer must give notice of default in writing to Experience Experts.
  2. It is the client's responsibility that a notice of default Experience Experts is actually issued (on time)
    achieved.

Joint and several liability customer

If Experience Experts enters into an agreement with multiple clients, each is jointly and severally liable
for the full amounts due to Experience Experts under that agreement.

Liability Experience Experts

  1. Experience Experts shall only be liable for any damage suffered by the customer if and to the extent that such damage is
    caused by intent or deliberate recklessness.
  2. If Experience Experts is liable for any damages, it will only be liable for direct damages that are
    arises out of or in connection with the performance of a contract.
  3. Experience Experts shall never be liable for indirect damages, such as consequential damages, lost profits, missed
    savings or damages to third parties.
  4. If Experience Experts is liable, such liability shall be limited to the amount provided by a concluded
    (professional) liability insurance is paid and in the absence of (full) payment by a
    insurance company of the loss amount, liability is limited to the (part of the)
    invoice amount to which the liability relates.
  5. All images, photographs, colours, drawings, descriptions on the website or in a catalogue 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.

Due date

Any right of the customer to compensation from Experience Experts expires in any case 12 months after the
event from which liability arises directly or indirectly. This does not exclude the provisions of
Article 6:89 of the Civil Code.

Right of rescission

  1. The customer shall be entitled to dissolve the agreement if Experience Experts imputably fails in the
    fulfilment of its obligations, unless such failure, in view of its special nature or minor importance, the
    does not justify dissolution.
  2. If the performance of the obligations by Experience Experts is not permanently or temporarily impossible, the
    dissolution shall not take place until Experience Experts is in default.
  3. Experience Experts is entitled to dissolve the agreement with the customer if the customer fulfils its obligations under
    fails to comply with the agreement in full or on time, or if Experience Experts has become aware of
    circumstances that give him good reason to fear that the customer will not be able to properly
    fulfillment.

Force majeure

  1. In addition to the provisions of Section 6:75 of the Civil Code, a breach by Experience Experts
    in the performance of any obligation towards the customer cannot be attributed to Experience Experts
    in a situation independent of the will of Experience Experts, such that the performance of its obligations for
    in respect of the customer is prevented in whole or in part or which prevents the fulfilment of his obligations in
    cannot reasonably be required of Experience Experts.
  2. The force majeure mentioned in paragraph 1 also includes - but is not limited to - the following: state of emergency (such as
    civil war, insurrection, riots, natural disasters, etc.); default and force majeure of suppliers, delivery companies or
    other third parties; unexpected power, electricity, internet, computer and telecoms failures; computer viruses,
    strikes, government measures, unforeseen transport problems, adverse weather conditions and
    work stoppages.
  3. If a force majeure situation arises which prevents Experience Experts from 1 or more obligations to the client
    can fulfil, then those obligations will be suspended until Experience Experts can fulfil them again.
  4. From the moment a force majeure situation has lasted for at least 30 calendar days, both parties may terminate the
    dissolve the agreement in whole or in part in writing.
  5. Experience Experts shall not be liable for any (compensation) in a force majeure situation, even if it is considered to be
    receive any benefit as a result of the force majeure condition.

Modification of the agreement

  1. If, after the conclusion of the agreement for its execution, it appears necessary to change its content
    or supplement, the parties shall, in a timely manner and by mutual agreement, adjust the agreement accordingly.
  2. The previous paragraph does not apply to products purchased in a physical shop.

Amendment of general terms and conditions

  1. Experience Experts is entitled to amend or supplement these general terms and conditions.
  2. Changes of minor importance can be made at any time.
  3. Major substantive changes will be discussed by Experience Experts with the client in advance whenever possible.
  4. Consumers are entitled to terminate the contract in the event of a material change to the general conditions
    say.


Transfer of rights

  1. Rights of the customer from an agreement between the parties cannot be transferred to third parties without the
    prior written consent of Experience Experts.
  2. This provision counts as a clause with effect under property law as referred to in Article 3:83(2),
    Civil Code.


Consequences of nullity or voidability

  1. Should one or more provisions of these general terms and conditions prove to be void or voidable, this will affect the
    other provisions of these terms and conditions.
  2. A provision which is void or voidable shall in that case be replaced by a provision closest to
    comes from what Experience Experts had in mind when drafting the conditions on that point.

Applicable law and competent court

  1. Any agreement between the parties shall be governed exclusively by Dutch law.
  2. The Dutch court in the district where Experience Experts is established / practices / has its office
    is exclusively competent to take cognisance of any disputes between the parties, unless otherwise required by law
    prescribes.

Retrieved 22 June 2022.