General Terms and Conditions Yvonne van Galen B.V.

Established on March 26th 2019

General Terms and Conditions Yvonne van Galen BV, established at Nieuwe Waterwegstraat 9C, 3115 HE , in Schiedam, registered with the Chamber of Commerce under number 72266627.

 

Definitions

In these General Terms and Conditions, the following terms are used in the following sense, unless it is expressly stated otherwise.

 

General terms and conditions:           The general terms and conditions as stated below.

 

Yvonne van Galen BV:                       Yvonne van Galen BV, registered with the Chamber of

Commerce under number 72266627.

Company:                                           The Other Party acting in the conduct of a business or profession.

 

Consumer:                                          The Other Party not acting in the conduct of a business or profession.

 

Service:                                               All activities, in whatever form, carried out by Yvonne van Galen BV for, or on behalf of the Other Party.

 

 

Distance service-provision:

 

The agreement between the other party and Yvonne van Galen BV, involving exclusive use of one or more means of distance communication, such as a website, telephone or other means of communication, within the framework of a system for the remote service-provision organized by Yvonne van Galen BV, until the conclusion of the agreement.

 

 

Fee:                                                    The financial compensation agreed with the other party for the execution of the assignment .

 

Distance Selling:                                 The agreement between the Other Party and Yvonne van Galen

BV, where within the framework of a system organised by Yvonne van Galen BV for distance selling, exclusive use of one or more remote communication techniques, such as a website, telephone or other means of communication, is made, in order to conclude an agreement.

Order:                                                 The agreement for the assignment to provide services.

 

Agreement:                                         Any agreement concluded between Yvonne van Galen BV and the Other Party.

 

Product:                                              All items that are the subject of the agreement concluded between Yvonne van Galen BV and the Other Party.

Other Party:                                        The party that has accepted these general terms and conditions and has purchased the product and/or has given an order for the provision of the service.The Other Party refers to both Consumers and Businesses.

 

Scope

These General Terms and Conditions apply to all offers, quotations and Agreements concluded between Yvonne van Galen BV and the Other Party, unless these General Terms and Conditions have explicitly been deviated from in writing.

 

These General Terms and Conditions also apply to agreements with Yvonne van Galen BV, in which third parties are to be involved for their execution.

The applicability of any purchase conditions, or other General Terms and Conditions of the Other Party are explicitly rejected.

If one or more provisions of these General Terms and Conditions are found to be null and void, then the remaining General Terms and Conditions shall remain in force for all other matters. In this situation, Yvonne van Galen BV will consult with the Other Party with the aim to introduce new provisions to replace the invalid or annulled provisions.

Deviations from the Agreement and General Terms and Conditions will only be valid if they are made in writing and have been expressly agreed with Yvonne van Galen BV.

If Yvonne van Galen BV does not always require strict compliance with these terms and conditions, it does not mean that the provisions thereof do not apply, or that Yvonne van Galen BV would to any extent lose the right to request strict compliance of these provisions in other cases.

 

Offers and/or quotations

Offers and/or quotations shall be made in writing and/or electronically, unless urgent circumstances dictate otherwise.

All offers and/or quotations of Yvonne van Galen BV are without obligation, unless the offer is subject to a time limit for acceptance. If a time limit has been set for acceptance of the offer and/or quotation, the offer and/or quotation shall lapse when this period has expired.

The offer and/or quotation is valid as long as stocks last.

Yvonne van Galen BV cannot be held to its offers and/or quotations if the Other Party should have understood, in terms of reasonableness and fairness and in accordance with the prevailing views in society, that the offer and/or quotation or any part thereof is an obvious mistake or error.

 

If the acceptance (whether on minor points or not) deviates from the offering included in the quotation or the offer, Yvonne van Galen BV will not be bound by it. In that case, the Agreement will not be concluded, unless Yvonne van Galen BV indicates otherwise.

A combined quotation does not oblige Yvonne van Galen BV to deliver a portion of the goods or services listed in the offer and/or quotation and/or to carry out part of the Assignment in exchange for a corresponding portion of the price specified.

Offers and/or quotations do not automatically apply to future orders or repeat orders.

 

Concluding the agreement

The Agreement is concluded with the timely acceptance by the Other Party of the offer and/or quotation of Yvonne van Galen BV.

 

Duration of the agreement

The Agreement is entered into for an indefinite period of time, unless the nature of the Agreement dictates otherwise or if the parties have expressly agreed otherwise in writing.

 

Amendment to the agreement

If, during the performance of the Agreement, it appears that it is necessary for the proper performance of the Agreement  to amend or supplement the Agreement, Yvonne van Galen BV will notify the Other Party as soon as possible. The parties will then proceed in a timely manner and in consultation with each other to adjust the Agreement.

If the parties agree that the Agreement shall be amended or supplemented, the time of the

completion of the implementation could be affected by this. Yvonne van Galen BV will inform the Other Party about this matter as soon as possible.

If any amendment or supplement to this Agreement could result in financial, quantitative and/or qualitative implications, Yvonne van Galen BV will inform the Other Party in advance.

If a fixed Fee, price and/or rate has been agreed upon, Yvonne van Galen BV will indicate in this respect the extent to which the amendment or supplement to the Agreement affects the price. In doing so, Yvonne Galen BV will try, to the extent possible, to make a quotation in advance.

Yvonne van Galen BV will not be able to charge any additional costs if the change or supplement is the result of circumstances that can be attributed to Yvonne van Galen BV.

Amendments to the originally concluded Agreement between the Other Party and Yvonne van Galen BV are only valid from the moment that these changes are made by means of an additional or amended Agreement that has been accepted in writing by both parties.

 

Execution of the agreement

Yvonne van Galen BV shall execute the Agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.

 

Yvonne van Galen BV has the right to have certain activities carried out by third parties. The application of Article 7:407(2) and 7:409 of the Dutch Civil Code is expressly excluded.

Yvonne van Galen BV has the right to execute the Agreement in stages.

If the Agreement is performed in stages, Yvonne van Galen BV has the right to invoice each part separately and to demand payment for it. If and as long as this invoice has not been paid for by the Other Party, Yvonne van Galen BV will not be obliged to carry out the next phase, and has the right to suspend the Agreement.

If the Agreement is executed in stages, Yvonne van Galen BV has the right to suspend the execution of the components of the next stage(s) until the Other Party has approved, in writing, of the outcome of the phase prior to it.

The Other Party shall provide all data or instructions necessary for the execution (or of which the Other Party should reasonably understand that they are necessary for the execution of the Agreement) of the Agreement to Yvonne van Galen BV in a timely manner.

If the previous data and instructions are not provided or are not provided on time, then Yvonne van Galen BV has the right to suspend the execution of the Agreement. The extra costs incurred by the delay are borne by the Other Party.

The application of article 7:404 of the Dutch Civil Code is explicitly excluded.

 

Prices and rates

The prices and rates are expressed in euros, including VAT and other government levies, unless otherwise indicated.

The prices and rates include costs of travel, accommodation, packaging, delivery or shipping and administration, unless otherwise indicated.

For shipments to foreign countries, a surcharge will be charged.

If a rate has not been explicitly agreed upon, the rate will be determined on the basis of the actual hours spent and the usual hourly rates of Yvonne van Galen BV.

Yvonne van Galen BV shall submit a statement or provide information of all additional costs,

in good time before the Agreement is concluded, on the basis of which these costs for the Other Party can be calculated.

 

Changes in fees, prices and rates

If Yvonne van Galen BV, at the time of concluding the Agreement, agreed on a fixed Fee, price or rate, Yvonne van Galen BV is entitled to increase it, even when the Fee, price or rate that was originally given was not subject to change.

If Yvonne van Galen BV intends to change the Fee, price or rate, it will inform the Other Party as soon as possible.

 

If the increase of the Fee, price or rate takes place within three months after the conclusion of the contract, the Other Party may dissolve the Agreement by means of a written statement, unless:

• the increase results from an authority or an obligation by law on Yvonne van Galen BV;
• the increase is caused by an increase in the price of raw materials, wages, etc., or on other grounds that were not reasonably foreseeable at the time of entering into the Agreement;
• Yvonne van Galen BV is still prepared to carry out the Agreement on the basis of the original agreement;
• it is stipulated that the execution will be carried out more than three months after the conclusion of the

The Other Party is entitled to dissolve the Agreement if the price or the rate is increased after more than three months after the conclusion of the Agreement, unless it is stipulated in the Agreement that

the execution of the agreement will be carried out after more than three months after the conclusion of the Agreement.

Yvonne van Galen BV will, in the event of an intention to increase the Fee, notify the other party of the price or the rate. Yvonne van Galen BV will also inform of the scope and of the date on which the rate will be applied.

 

Distance selling and/or service-provision

This provision only applies to the Other Party in its capacity of Consumer.

In the case of Distance selling, delivery must take place within thirty days at the latest.

In the case of distance selling and/or remote service-provision, Yvonne van Galen BV has the right to to oblige the Other Party to make an advance payment of no more than 50 per cent of the price.

In the case of Distance Selling, the Other Party has the right to cancel the Agreement for a period of fourteen calendar days after receipt of the goods delivered by Yvonne van Galen BV, without having to state its reasons.

In the case of distance selling, the Other Party has the right to cancel the Agreement after thirty calendar days if Yvonne van Galen BV has not delivered the product within fourteen calendar days, unless

the parties have agreed on a different delivery period.

In the case of a Distance Service-provision, the Customer has the right to revoke the Agreement for a period of fourteen calendar days after the conclusion of the Agreement, without indication of its reasons.

If Yvonne van Galen BV has not complied with its obligation to provide information or has not provided information in the correct form, the Other Party has the right to dissolve the Agreement for a period of one year after the receipt of the goods or services provided by Yvonne van Galen BV, without indication of its reasons. If Yvonne van Galen BV still complies with the obligation to provide information within one year, the period of fourteen calendar days starts counting from the day following fulfillment of said duty.

The Client may revoke the Agreement by means of the standard form for revocation issued by Yvonne van Galen BV, or in a manner chosen by the Client.

 

The right of withdrawal lapses from the moment that the Service has been performed in full. In addition, the right of withdrawal also lapses if Yvonne van Galen BV has started the performance of the Service with explicit prior consent from the Client, and if the Client acknowledges that he loses his right to withdrawal from the moment that Yvonne van Galen BV has performed the Service in full.

If the Other Party returns the delivered goods, the Other Party must return the goods in proper packaging, with all delivered accessories and in its original condition. The shipping costs of the returned goods are at the risk and expense of the Other Party.

If the Other Party has made use of its right of withdrawal, Yvonne van Galen BV will refund the full amount paid including the shipping costs, no later than fourteen calendar days after the dissolution of the Agreement.

If the goods are not available, Yvonne van Galen BV will inform the customer as soon as possible and Yvonne van Galen BV will refund the amount paid within fourteen calendar days at the latest. If Yvonne van Galen BV and the Other Party agree that a good of similar quality and price can be delivered, then the shipping costs for returning the goods will be for the account of Yvonne van Galen

1. The previous only applies if the Other Party makes use of its right of withdrawal during the period in question.

The provisions of this article do not apply if the Agreement relates to:

• services that are provided on a certain date or during a certain period;
• products and/or services of which the price is bound to fluctuations on the financial market, on which Yvonne van Galen BV has no influence, and occur within the withdrawal period;
• sealed products of which the Other Party has broken the seal;
• hygienic products of which the Other Party has broken the seal;
• products and / or services already delivered within the withdrawal period with the consent of the Other Party;
• products and/or services that cannot be returned because of their nature;
• products and/or services that can quickly spoil or age;
• products and/or services of personal nature;
• products and/or services made to

 

Delivery

Delivery takes place when the Other Party takes possession of the goods. After delivery, the risk of the goods is transferred to the Other Party.

Delivery will take place at the location of Yvonne van Galen BV or at the address provided by the Other Party, unless otherwise agreed.

The Other Party is obliged to take delivery of the purchased goods at the moment at which these are transferred or made available to them, unless this entails serious objections or unreasonable costs.

If, at the place of delivery, the Other Party refuses to take delivery of the goods or is negligent in providing the data or instructions that are necessary for the delivery, the goods intended for delivery will be stored at the risk and expense of the Other Party, after Yvonne van Galen BV has notified the Other Party.

 

Delivery terms

The delivery will take place within 2 weeks.

If a term has been agreed or specified for the delivery of the item, then this term is only indicative and never to be regarded as a deadline.

If Yvonne van Galen BV needs information or instructions from the Other Party, which are necessary for the delivery, the delivery period commences after the Other Party has provided these to Yvonne van Galen BV.

If the delivery period is exceeded, the Other Party must send Yvonne van Galen BV a notice of default in writing, in which Yvonne van Galen BV is still given a reasonable period to deliver the goods.

A notice of default is not necessary if the delivery has become permanently impossible or it has otherwise become clear that Yvonne van Galen BV will not fulfil its obligations under the Agreement. If Yvonne van Galen BV does not deliver within this period, the Other Party has the right to terminate the Agreement without judicial intervention and/or claim for compensation.

 

Execution time

The work will be carried out within a period specified by Yvonne van Galen BV.

If a term has been agreed or specified for the execution of the item, then this term is only indicative and never to be regarded as a deadline.

If Yvonne van Galen BV needs information or instructions from the Other Party, which are necessary for the execution, the execution period commences after the Other Party has provided these details to Yvonne van Galen BV.

If the execution period is exceeded, the Other Party must send Yvonne van Galen BV a notice of default in writing, in which Yvonne van Galen BV is still given a reasonable period to execute the Agreement.

A notice of default is not necessary if the execution has become permanently impossible or it has otherwise become clear that Yvonne van Galen BV will not fulfil its obligations under the Agreement. If Yvonne van Galen BV does not start the execution within this period, the Other Party has the right to terminate the Agreement without judicial intervention and/or claim for compensation.

 

Transfer of risk Consumers

The matters which are the subject of the Agreement are, up until the time of placement of the goods under the authority of the Other Party, at the expense and risk of Yvonne van Galen BV.

The risk of loss, damage or depreciation of items that are the subject of the Agreement, is transferred to the Other Party at the moment when the goods have gone under the authority of the Other Party, or of a third party appointed by the Other Party.

Transfer of risk Companies

The matters which are the subject of the Agreement are, up until the time of placement of the goods under the authority of the Other Party, at the expense and risk of Yvonne van Galen BV.

 

The risk of loss, damage or depreciation of items that are the subject of the Agreement, is transferred to the Other Party at the moment when the goods are made available to the Other Party, or to a third party appointed by the Other Party.

 

Payment

Payment is made by bank transfer to a bank account designated by Yvonne van Galen BV, unless agreed otherwise. Transfer takes place by means of an online payment system.

Payment must be made in advance, unless agreed otherwise.

The Client is not entitled to unilaterally deduct any amount of a counterclaim issued by him.

Yvonne van Galen BV and the Other Party may agree that payment in instalments will be made, in proportionality with the progress of the work. If payment in instalments has been agreed, the  Other Party shall pay in accordance with the periods and percentages set out in the Agreement.

Objections to the amount of the invoice do not suspend the payment obligation.

In the event of bankruptcy, suspension of payments or receivership, the claims of Yvonne van Galen BV and the obligations of the Other Party towards Yvonne van Galen BV are immediately due and payable.

 

Collection costs

If the Other Party is in default or in default of the (timely) fulfilment of its obligations, then all reasonable costs incurred to obtain extrajudicial settlement at the expense of the Other Party.

With regard to the extrajudicial (collection) costs, Yvonne van Galen BV has, insofar as the Other Party acts in its capacity as a Company, contrary to Article 6:96(5) of the Dutch Civil Code and the Decree on compensation for extrajudicial collection costs, the right to a compensation of 15% of the total outstanding principal sum with a minimum of € 90 for each invoice that has not been paid in full or in part.

With regard to the extrajudicial (collection) costs, Yvonne van Galen BV has, insofar as the Other Party acts in the capacity of Consumer, right to the statutory maximum permitted compensation as stipulated in the Decree on compensation for extrajudicial (collection) costs.

Insofar as the other party acts in the capacity of Consumer, Yvonne van Galen BV is only entitled to a reimbursement of the extrajudicial (collection) costs, after Yvonne van Galen BV has informed the Other Party of the occurrence of the default by sending a reminder to pay the outstanding invoice or invoices within fourteen days.

Any potentially reasonable judicial and enforcement costs incurred shall also be borne by the Other Party.

 

Retention of title

All goods delivered by Yvonne van Galen BV within the framework of the Agreement remain the property of Yvonne van Galen BV until the Other Party has fully and properly complied with what it owes on the basis of the Agreement.

 

The amount owed also includes: the reimbursement of all costs and interest, also of earlier and later deliveries and provided services, as well as damage claims due to a failure to comply.

As long as the ownership of the delivered goods has not been transferred to the Other Party, the latter is not entitled to resale, pledging or any other form of encumbrance, except within the scope of the normal conduct of his/her business.

 

Suspension

If the Other Party fails to fulfill an obligation under the Agreement, or fails to do so in full or on time, the Other Party has the right to dissolve the Agreement.

Yvonne van Galen BV is entitled to suspend the fulfilment of the corresponding obligation. In case of partial or improper fulfillment, suspension shall only be permitted to the extent that the shortcoming justifies it.

Furthermore, Yvonne van Galen BV is entitled to suspend the fulfilment of the obligations if:

• after the conclusion of the Agreement, circumstances have come to the notice of Yvonne van Galen BV which give good reason to fear that the Other Party will not fulfil its obligations;
• the Other Party is requested to provide security for the fulfilment of his obligations and this security fails to occur or is unsatisfactory;
• Circumstances arise which are of such a nature that fulfilment of the Agreement cannot reasonably be expected from Yvonne van Galen BV due to impossibilities or unaltered maintenance of the

Yvonne van Galen BV reserves the right to claim compensation.

 

Dissolution

If the Other Party fails to fulfil an obligation under the Agreement, or fails to fulfil it in full, on time or properly, the Other Party shall be entitled to terminate the Agreement with immediate effect, unless the shortcoming does not justify the dissolution of the contract because of its minor importance.

Furthermore, Yvonne van Galen BV is entitled to dissolve the Agreement with immediate effect, if:

• after the conclusion of the Agreement, circumstances have come to the attention of Yvonne van Galen BV which give good reason to fear that the Other Party will not fulfil its obligations;
• the Other Party is requested to provide security for the fulfilment of his obligations and this security fails to occur or is unsatisfactory;
• due to a delay on the part of the Other Party, Yvonne van Galen BV can no longer be required to fulfill the Agreement within the originally agreed conditions;
• Circumstances arise which are of such a nature that fulfilment of the Agreement is impossible, or that the unaltered maintenance of the Agreement it is not reasonable to be expected from Yvonne van Galen BV;
• the Other Party is declared bankrupt, has requested a suspension of payments, has submitted a request for application of debt rescheduling for natural persons, is confronted with a seizure of all or part of his property;
• the Other Party is placed under guardianship;
• the Other Party

 

Dissolution takes place by means of written notification without judicial intervention.

If the Agreement is dissolved, the claims of Yvonne van Galen BV against the Other Party are immediately due and payable.

If Yvonne van Galen BV dissolves the agreement on the basis of the previous grounds, Yvonne van Galen BV will not be liable for any costs or compensation.

If the dissolution can be attributed to the Other Party, the Other Party will be liable for damages incurred by Yvonne van Galen BV.

 

Force majeure

A shortcoming cannot be attributed to Yvonne van Galen BV or the Other Party, since the

shortcoming cannot be imputed to a fault on its part, either in accordance with law, legal act or generally accepted standards. In this case, the parties are also not obliged to comply with the obligations arising from the Agreement.

In these General Terms and Conditions, force majeure is understood to mean, in addition to its definition provided by law and case law, all external foreseeable or unforeseeable causes, on which Yvonne van Galen BV cannot exert any influence and whereby it is not able to comply with the obligations arising from the Agreement.

Circumstances giving rise to force majeure include: exclusion, fire, water damage, natural disasters or other external calamities, mobilisation, war, traffic restrictions, blockades, import or export barriers or other government measures, delays in the supply of raw materials, or parts of the machinery and any other circumstance hindering normal business operations, whereby Yvonne van Galen BV cannot be reasonably expected by the Other Party to fulfill the Agreement.

Yvonne van Galen BV also has the right to invoke force majeure if the circumstances that prevent (further) compliance with the Agreement, occur after Yvonne van Galen BV should have fulfilled its obligations.

In case of force majeure, the parties are not obliged to continue the Agreement, nor are they held liable to any form of compensation.

Both Yvonne van Galen BV and the Other Party may terminate the agreement, during the period of force majeure, or suspend all or part of the obligations arising from the Agreement. If this period lasts longer than 2 months, both parties are entitled to dissolve the Agreement with immediate effect, by means of

a written notice, without judicial intervention, and without the parties being entitled to claim any damages.

If the situation of force majeure is of a temporary nature, Yvonne van Galen BV reserves the right to suspend the agreed performance for the duration of the situation of force majeure. In the event of a permanent situation, both parties are entitled to dissolve the Agreement extrajudicially.

If Yvonne van Galen BV has partially fulfilled or will be able to partially fulfill the obligations arising from the Agreement, and that performed or to be performed part is of independent value, Yvonne van Galen

 

BV is entitled to deduct the value already of the performed or to be performed part separately. The Other Party is obliged to pay this invoice as if there were a separate Agreement.

 

Inspection and claims

The Other Party is obliged to inspect the goods at the time of delivery, and in any case within 7 days of the date of delivery. The Other Party is obliged to inspect the Service at the time of execution, and in any case within 7 days of execution. In doing so, the Other Party is obliged to examine whether the quality and quantity of the goods delivered and the Service provided correspond to what has been agreed upon, and also whether they comply with the requirements for the normal commerce.

Visible defects and shortages must be reported in writing to Yvonne van Galen BV within 3 days after delivery of the Product. The defective Product must be returned together with the proof of purchase, unless this is impossible or unreasonably onerous.

Visible defects and shortages must be reported to Yvonne van Galen BV in writing within 3 days after the performance of the Service.

Non-visible defects and shortages should be reported to Yvonne van Galen BV within 3 days after their discovery. The defective Product must be returned together with the proof of purchase, unless this is either impossible or unreasonably onerous.

The right to (partial) restitution of the price, repair or replacement or compensation will lapse if the defects are not reported within the set period, unless the nature of the Product and/or Service or circumstances give rise to a longer period.

Any shipping costs incurred for the return of the goods at the written request of the Other Party shall be reimbursed by Yvonne van Galen BV. Other costs than shipping costs will never be reimbursed by Yvonne van Galen BV, unless agreed in writing. The shipping costs will never be reimbursed if Other Party does not request it to Yvonne van Galen BV in writing.

The payment obligation will not be suspended if Other Party notifies Yvonne van Galen BV of the defect within the set time period.

If a complaint is made in time, the Other Party remains obliged to take delivery and pay, unless the purchased goods are of no independent value.

 

Liability

Yvonne van Galen BV is only liable for direct damage that has been caused by wilful recklessness or intent of Yvonne van Galen BV. Direct damage is understood to mean exclusively:

• material damage to the property of the Other Party;
• reasonable costs incurred by the Other Party to determine the liability and (the scope of the direct) damage;
• reasonable costs, reasonably incurred by the Other Party, that could and should have been reasonably incurred to prevent or limit the damage, in so far as the Other Party demonstrates that these costs have led to a limitation of direct damage;
• reasonable costs, reasonably incurred by the Other Party, in order to obtain an out-of-court settlement, as referred to in 6:96 paragraph 1 (c) of the Netherlands Civil

 

Yvonne van Galen BV is never liable for indirect damages, including in any event:

consequential damages, loss of profit, missed savings, business stagnation or immaterial damage of the Other Party.

In the case of consumer purchases, this limitation does not extend beyond what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.

Yvonne van Galen BV is not liable for damage, of whatever nature, that arises because it proceeded from inaccurate and/or incomplete information furnished by the Other Party, unless the incorrectness or incompleteness should have been known to Yvonne van Galen BV.

Yvonne van Galen BV is not liable for mutilation, destruction, theft or loss of data or documents.

If Yvonne van Galen BV is liable for any damage, then the liability of Yvonne van Galen BV is limited up to the amount of a maximum of once the amount stated in the invoice or up to the amount to which the insurance taken out by Yvonne van Galen BV gives entitlement, increased by the excess borne by Yvonne van Galen BV in accordance with the insurance.

The Other Party must report the damages for which Yvonne van Galen BV can be held liable, as soon as possible, and in any case within 10 days after the occurrence of the damage, to Yvonne van Galen BV, all this at the risk of forfeiting any rights relating to a shortcoming

Any liability claim against Yvonne van Galen BV lapses within one year after the Other Party

has become acquainted with the harmful fact or could reasonably have become acquainted with it.

The limitations of liability set out in this article shall not apply if the damage is due to intent or gross negligence on the part of Yvonne van Galen BV or its executives subordinates.

 

Indemnification

The Other Party indemnifies Yvonne van Galen BV for any claims from third parties who incur damage, in connection with the execution of the agreement, attributable to the Other Party.

In the event that Yvonne van Galen BV is held liable by third parties, the Other Party will be obliged to assist Yvonne van Galen BV both in and out of court. All costs and damages on the part of Yvonne of Galen BV and third parties are also at the expense and risk of the Other Party.

 

Limitation period

For all claims against Yvonne van Galen BV and all (if any) third parties contracted by Yvonne van Galen BV, a limitation period of one year shall apply, in deviation of the legal limitation periods.

The previous does not apply to receivables concerning deliveries not satisfying the Agreement. In this case, the claims become time-barred two years after the date on which the claim was made by the Other Party informing Yvonne van Galen BV about the defect of the delivered item.

Complaints procedure for purchases in the Webshop

If the Other Party has a complaint about the Product, the Other Party can send an email to Yvonne van Galen BV to file a complaint.

 

The Other Party must submit a complaint to Yvonne van Galen BV within two months following the moment the Other Party became aware of the existence of the complaint.

Yvonne van Galen BV will handle all complaints confidentially.

If the Other Party has not fulfilled its payment obligation in full or in part, Yvonne van Galen BV will not take up the other party’s complaint. The complaint will only be dealt with once Yvonne van Galen BV has received the payment.

Yvonne van Galen BV strives to handle the complaint within 14 working days.

 

Intellectual property

Yvonne van Galen BV reserves the rights and powers vested in it on the basis of the Copyright and other intellectual property laws and regulations. Where the products to Yvonne van Galen BV are supplied by third parties, the suppliers retain the copyright where applicable to their designs, sketches and other works. The Other Party is not permitted to copy, reproduce, copy or imitate products covered by the copyright of a third party, or to duplicate in any other way without the express permission of the third party concerned.

In case of proven violation of the intellectual property rights of Yvonne van Galen BV or the concerning third party, Yvonne van Galen BV reserves the right to claim damages.

Yvonne van Galen BV as well as the artists who (co)designed the products in question have the right to reproduce or publish them for promotional purposes.

Yvonne van Galen BV reserves the right to use the knowledge acquired during the conducting of the activities for other purposes, as long as no confidential information is disclosed to third parties.

 

Privacy and cookies

The data and information provided by the Other Party to Yvonne van Galen BV will be kept carefully and confidentially by Yvonne van Galen BV.

Yvonne van Galen BV will act in accordance with the GDPR, enforced since 25th of May, 2018. Pursuant to the GDPR, Yvonne van Galen BV will keep a register of processing activities.

The Other Party has the right to inspect, correct and remove the transmitted personal data.

When visiting the website, Yvonne van Galen BV may receive information from the Other Party concerning the use of the website by means of cookies.

The information that Yvonne van Galen BV collects through cookies can be used for functional and analytical purposes.

Yvonne van Galen BV may only use the Other Party’s personal data for the purpose of the execution of its delivery obligation or for the handling of a complaint.

Yvonne van Galen BV is not permitted to lend out, rent, sell or in any way make public the customers’ personal data.

 

Yvonne van Galen BV may only use the customers’ personal data for necessary specific purposes. Yvonne van Galen BV will not keep the personal data longer than necessary.

The Other Party is entitled to submit a complaint to the Personal Data Authority about his/her personal data. The Personal Data Authority is obliged to deal with this complaint.

The Other Party agrees that Yvonne van Galen BV will approaches the Other Party for the purpose of statistical research or a customer satisfaction survey. If the Other Party does not want to be approached for research, the Other Party can make this known.

 

Newsletter

The Other Party can subscribe to the newsletter.

The newsletter informs the Other Party of the latest news and developments. The Other Party will receive the newsletter by email and/or by post.

The Other Party may unsubscribe from the newsletter at any time in writing or via the hyperlink. The Other Party shall then no longer receive any messages.

 

Amendment to the general terms and conditions

Yvonne van Galen BV has the right to unilaterally amend these general terms and conditions. Changes will also apply to agreements already concluded.

Yvonne van Galen BV will inform the other party of the changes by email.

The changes to the general terms and conditions will enter into force thirty days after the Other Party has been informed of them.

If the Other Party does not agree with the announced changes, the Other Party has the right to dissolve the agreement.

 

Applicable law and disputes

On all legal relationships to which Yvonne van Galen BV is a party, exclusively the Dutch law is of application. This also applies if an obligation is wholly or partly performed abroad or if the Other Party is domiciled abroad.

The applicability of the Vienna Sales Convention is excluded.

 

Location

These General Terms and Conditions have been filed with the Chamber of Commerce under number 72266627.