General Terms and Conditions
GENERAL TERMS AND CONDITIONS WEBSHOP WWW.BALLIN AMSTERDAM.COM
Article 1 - Identity of Ballin Amsterdam
- Noah Group B.V., trading under the name Ballin Amsterdam;
- Vestigingsadres: Stammerkamp 8, 1112 VH Diemen;
- Telephone number: +31(0)206979479;
- Opening hours: 09:00 - 17:00 on weekdays;
- E-mail address: firstname.lastname@example.org;
- Chamber of Commerce number: 53630718
- VAT-identification number: NL850953613B01
Article 2 - Applicability
- 1. These general terms and conditions apply to every offer and every quotation from Ballin Amsterdam and to any distance contract concluded between Ballin Amsterdam and the Consumer.
- 2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the Consumer. If this is not reasonably possible, before Ballin Amsterdam before the distance contract is concluded, indicate how the general conditions at Ballin Amsterdam and that, at the request of the Consumer, they will be sent free of charge as soon as possible.
- 3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the Consumer by electronic means in such a way that it can be easily stored by the Consumer. If this is not reasonably possible, before the distance contract is concluded, it shall be stated where the general conditions can be consulted electronically and that they will be sent free of charge to the Consumer, at his request, either electronically or by other means.
Article 3 - Offer
- 1. If an offer is of limited duration or is made subject to conditions, this shall be expressly stated in the offer.
- 2. The offer contains a complete description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the Consumer. If Ballin Amsterdam uses images, these are a true reflection of the products offered. Obvious errors or mistakes in the offer are not binding for Amsterdam. Ballin Amsterdam.
- 3. Each offer contains such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
Article 4 - Agreement
- 1. Subject to the provisions in paragraph 4, the contract shall be concluded at the moment the Consumer accepts the offer and fulfils the conditions set out therein.
- 2. If the Consumer has accepted the offer electronically, Amsterdam Ballin Amsterdam will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been Ballin Amsterdam, the Consumer may dissolve the contract.
- 3. If the agreement is concluded electronically, Amsterdam Ballin If the Agreement is concluded electronically, Amsterdam shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the Consumer can pay electronically, Amsterdam Ballin If the Consumer can pay electronically, Amsterdam will observe appropriate security measures.
- 4. Ballin Amsterdam can - within legal frameworks - inform itself whether the Consumer can fulfil its payment obligations, as well as of all those facts and factors which are important for a sound conclusion of the distance contract. If Ballin Amsterdam, on the basis of this research, has good reason not to enter into the agreement, it is entitled to refuse an order or to attach special conditions to the implementation.
- 5. Not later than upon delivery of the product, Ballin Amsterdam will send the Consumer the following information, in writing or in such a way that the Consumer can store it in an accessible manner:
a. the conditions under which and the way in which the Consumer may exercise the right of withdrawal or a clear statement concerning the exclusion of the right of withdrawal;
b. the information on guarantees and existing after-sales service;
c. the price, including all taxes, of the product, service, or digital content; where applicable, the cost of delivery; and the method of payment, delivery, or performance of the distance contract;
Article 5 - Right of revocation
- 1. The Consumer may rescind an agreement relating to the purchase of a product during a considerable period of 14 days without giving reasons. Ballin Amsterdam may ask the Consumer for the reason for withdrawal. This does not oblige the Consumer to disclose this reason.
- 2. The consideration period mentioned in paragraph 1 starts on the day after the Consumer, or a third party designated by the Consumer in advance and who is not the carrier, has received the product, or:
a. if the Consumer has ordered multiple products in the same order: the day on which the Consumer, or a third party designated by him, has received the last product. Ballin Amsterdam may, provided it has clearly informed the Consumer of this prior to the ordering process, refuse an order for multiple products with a different delivery time;
b. if the delivery of a product consists of different shipments or parts: the day on which the Consumer, or a third party designated by him, has received the last shipment or the last part.
Extended consideration period:
- 3. If Ballin Amsterdam has not provided the Consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the original consideration period determined in accordance with the previous paragraphs of this Article.
- 4. If Ballin Amsterdam has provided the Consumer with the information referred to in the previous paragraph within twelve months after the start date of the original consideration period, the cooling-off period will expire 14 days after the day on which the Consumer received this information.
Article 6 - Obligations of the Consumer during the consideration period
- 1. During the consideration period, the Consumer shall handle the product and the packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the Consumer may only handle and inspect the product as he would be allowed to do in a shop.
- 2. The Consumer shall only be liable for any depreciation in the value of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1, Article 6.
- 3. The Consumer shall not be liable for any diminution in value of the product if Ballin Amsterdam has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the contract.
Article 7 - Exercise of the right of withdrawal by the Consumer and costs thereof
- 1. If the Consumer makes use of his right of withdrawal, he shall notify Ballin Amsterdam within the consideration period by means of the model form for withdrawal or in another unambiguous manner.
- 2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the Consumer shall return the product or hand it over to (an authorized representative of) Ballin Amsterdam. This is not necessary if Ballin Amsterdam has offered to collect the product itself. The Consumer has in any case complied with the return period if he returns the product before the consideration period has expired.
- 3. The Consumer shall return the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable instructions provided by Ballin Amsterdam provided reasonable and clear instructions.
- 4. The risk and the burden of proof of the correct and timely exercise of the right of withdrawal shall lie with the Consumer.
- 5. The Consumer shall bear the direct costs of returning the product. If Ballin Amsterdam has not reported that the Consumer must bear these costs or if Ballin Amsterdam has indicated that the costs must be borne by the Consumer, the Consumer does not have to bear the costs for the return shipment.
- 6. If the Consumer makes use of his right of withdrawal, all supplementary agreements shall be dissolved by operation of law.
Article 8 - Obligations of Ballin Amsterdam in case of withdrawal
- 1. If Ballin Amsterdam enables the notification of withdrawal by the Consumer in an electronic manner, it will send a confirmation of receipt immediately after receipt of this notification.
- 2. Ballin Amsterdam shall reimburse all payments of the Consumer, including any delivery costs charged by Ballin Amsterdam charged for the returned product, immediately but no later than within 14 days following the day on which the Consumer notifies him of the withdrawal. Unless Ballin Amsterdam offers to collect the product itself, it may wait with repayment until it has received the product or until the Consumer demonstrates that it has returned the product, whichever comes first.
- 3. Ballin Amsterdam shall use the same means of payment for repayment as the Consumer has used, unless the Consumer agrees to a different method. The refund is free of charge for the Consumer.
- 4. If the Consumer has chosen a more expensive method of delivery than the cheapest standard delivery, Amsterdam Ballin Amsterdam does not have to reimburse the additional costs for the more expensive method.
Article 9 - The price
- 1. During the period of validity mentioned in the offer, the prices of the offered products shall not be increased, except for price changes due to changes in VAT rates. The costs for shipping the product become visible when you have added the product to your shopping cart.
- 2. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- 3. Prijsverhogingen vanaf 3 maanden na de totstandkoming van de overeenkomst zijn alleen toegestaan indien Ballin Amsterdam dit bedongen heeft en:
a. deze het gevolg zijn van wettelijke regelingen of bepalingen; of
b. de Consument de bevoegdheid heeft de overeenkomst op te zeggen met ingang van de dag waarop de prijsverhoging ingaat.
- they are the result of statutory regulations or provisions, or
- 4. The prices mentioned in the offer of products include VAT.
Article 10 - Fulfilment of agreement and additional guarantee
- 1. Ballin Amsterdam guarantees that the products comply with the agreement, with the specifications stated in the offer, with reasonable requirements of reliability and/or serviceability and with the existing statutory provisions and/or government regulations on the date of the conclusion of the agreement. If agreed Ballin Amsterdam also guarantees that the product is suitable for other than normal use.
- 2. An additional guarantee provided by Ballin Amsterdam, its supplier, manufacturer or importer never restricts the legal rights and claims which the Consumer may enforce against Amsterdam on the basis of the agreement. Ballin Amsterdam on the basis of the agreement if Ballin Amsterdam has failed in the fulfilment of its part of the agreement.
- 3. Onder extra garantie wordt verstaan iedere verbintenis van Ballin Amsterdam, diens toeleverancier, importeur of producent waarin deze aan de Consument bepaalde rechten of vorderingen toekent die verder gaan dan waartoe deze wettelijk verplicht is in geval hij is tekortgeschoten in de nakoming van zijn deel van de overeenkomst.
Article 11 - Delivery and execution
- 1. Ballin Amsterdam will take the greatest possible care when receiving and executing orders of products.
- 2. The place of delivery is the address that the Consumer has made known to Ballin 2. The place of delivery is the address that the Consumer has given to Amsterdam.
- 3. With due observance of that which is stated in Article 4 of these general terms and conditions Ballin Amsterdam shall execute accepted orders with convenient speed but at least within 20 days, unless a different delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within 20 days after the order was placed. In that case, the Consumer has the right to dissolve the contract free of charge and the right to possible damages.
- 4. After dissolution in accordance with the previous paragraph Ballin Amsterdam will immediately refund the amount paid by the Consumer.
- 5. The risk of damage and/or loss of products shall be borne by Ballin Amsterdam up to the moment of delivery to the Consumer or a designated representative Ballin Amsterdam, unless explicitly agreed otherwise.
Article 12 - Duty to investigate/complaints
- 1. De Afnemer is verplicht om binnen 8 dagen na levering van de Producten te controleren of de kwantiteit en de kwaliteit daarvan deugdelijk is en voldoet aan de tussen Partijen gesloten Overeenkomst. In het geval de Afnemer een gebrek ontdekt in de kwantiteit en/of de kwaliteit van de geleverde Producten, dient de Afnemer het gebrek onverwijld na ontdekking en niet later dan 8 dagen na levering van de Producten schriftelijk kenbaar te maken aan Ballin Amsterdam. Indien de Afnemer aantoont dat hij het gebrek redelijkerwijs niet had kunnen constateren binnen de hiervoor genoemde termijn (verborgen gebrek), dient de Afnemer het gebrek binnen 8 dagen na ontdekking daarvan, althans binnen 8 dagen nadat het gebrek redelijkerwijs ontdekt had kunnen worden, alsnog schriftelijk te melden bij Ballin Amsterdam.
- 2. The written notification referred to in this article shall contain as detailed a description as possible of the defect. In addition, the Customer must also state the invoice number and the packing slip relating to the delivery, so that Amsterdam can respond to the complaint as adequately as possible. Ballin Amsterdam can respond as adequately as possible to the complaint.
- 3. In the event that a complaint has not been reported within the period stated in this article and/or does not comply with the requirements stated in this article, all rights of the customer with regard to the defect and/or shortcoming found shall lapse by operation of law.
- 4. If a complaint is declared well-founded, whether or not by Ballin Amsterdam, Amsterdam will have the choice Ballin 4. If a complaint is declared well-founded, either by Amsterdam or otherwise, Amsterdam will have the choice of either improving/repairing or redelivering the relevant part of the delivery to the Customer or sending a credit note to the Customer for the relevant part of the delivery, which will then be deemed to have been cancelled. If a complaint is well-founded, the Customer is not entitled to any other form of compensation than that stated in the previous sentence.
- 5. The Customer is only entitled to sell Products to third parties with the prior written consent of Amsterdam. Ballin Amsterdam to return Products to Amsterdam. Ballin Amsterdam. Return shipments that were not preceded by a complaint and the accompanying details regarding the complaint as well as a written consent from Ballin Amsterdam are not permitted. In the event that the Purchaser returns the Products in spite of these provisions or returns them without a valid reason, Amsterdam will Ballin Amsterdam will keep these Products, insofar as they are not refused by Ballin Amsterdam, Amsterdam will keep these Products, insofar as these are not refused by Amsterdam, at the disposal of the Purchaser, which will be at the expense and risk of the Purchaser. Ballin Amsterdam will keep these Products without any acknowledgement of the correctness of a claim under a guarantee on the part of the Purchaser. The costs of return shipments will be borne by the Purchaser.
- 6. Any complaints do not release the Customer from his payment obligations.
Article 13 - Product recall
- In urgent cases, whereby Ballin Amsterdam will decide whether a case is urgent or not, the Purchaser will be obliged on first request to return the Products already delivered to Amsterdam Ballin Amsterdam and, in the event that the Products have already been delivered by the Purchaser to third parties, to retrieve these from the third parties in question. In the event that Ballin Amsterdam proceeds with a product recall as described above, the Purchaser will be obliged to take all measures which Amsterdam deems necessary in this connection and to Ballin Amsterdam deems necessary and to comply with all instructions from Amsterdam in this respect which relate to the product recall. Ballin Amsterdam in connection with the product recall and the Purchaser will, in turn, take all damage-reducing measures in that connection as far as possible and will make every effort to that end. In the event that Ballin Amsterdam decides to proceed with a product recall, Amsterdam is Ballin Amsterdam will only be obliged to either replace the Products or to send a credit note to the Purchaser in respect of the retrieved Products. Ballin In the event of a product recall, Amsterdam cannot be obliged to pay any form of compensation to the Purchaser.
Article 14 - Force majeure
- 1. In these general terms and conditions, force majeure, as referred to in Section 6:75 of the Dutch Civil Code, is understood, in addition to what is understood in the law and in case law, to mean all external causes as well as the consequences thereof, foreseen or unforeseen, over which Ballin Amsterdam cannot influence, but as a result of which Ballin Amsterdam is unable to fulfil its obligations or as a result of which it is Ballin Amsterdam such an impossible task and/or disproportionately expensive that compliance with the Agreement cannot reasonably be expected of Amsterdam. Ballin Amsterdam cannot reasonably be expected to comply with the Agreement. Strikes at the business of Amsterdam Ballin Amsterdam or third parties, as well as extreme weather conditions, machine failure, disruptions in the supply of energy and the circumstance that Ballin Amsterdam does not receive, does not receive on time or does not receive properly a performance that is of importance in connection with the performance to be delivered by it. Ballin Amsterdam is also entitled to invoke force majeure if the circumstance which prevents (further) fulfilment of the Agreement occurs after Amsterdam should have fulfilled its obligation. Ballin Amsterdam should have fulfilled its obligation.
- 2. Ballin Amsterdam may suspend its obligations under the Agreement during the period of force majeure. If this period lasts longer than two months, both Ballin Amsterdam and the Consumer will be entitled to terminate the Agreement without being obliged to pay any form of compensation to the other party.
- 3. Ballin Amsterdam is entitled to claim payment for all that which has already been performed by or on behalf of Ballin 3. Amsterdam is entitled to claim payment for all that which has already been performed by or on behalf of Amsterdam by virtue of the Agreement with the Consumer prior to the moment of force majeure.
Article 15 - Payment
- 1. Unless otherwise provided in the contract or additional conditions, the amounts owed by the Consumer must be paid within 14 days after the start of the consideration period, or in the absence of a consideration period within 14 days after the conclusion of the contract.
- 2. When selling products to Consumers, the Consumer may never be required in general terms and conditions to pay more than 50% in advance. If advance payment is stipulated, the Consumer may not assert any rights regarding the execution of the order concerned before the stipulated advance payment has been made.
- 3. The Consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to Ballin Amsterdam immediately.
- 4. Ballin Amsterdam accepteert de volgende betalingsmethoden:
- American Express
- Klarna (achteraf betalen)
Article 16 - Consequences of late payment/collection costs
- 1. If the Consumer does not fulfil his payment obligation(s) on time, he shall be entitled, after having been made aware of the late payment by Ballin Amsterdam has pointed out the late payment and Ballin Amsterdam has granted the Consumer a period of 14 days in which to fulfil its payment obligations, after the Consumer fails to pay within this 14-day period, the legal interest shall be owed on the amount still due and Amsterdam shall be entitled to charge the extrajudicial collection costs it has incurred. Ballin Amsterdam is entitled to charge extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2.500,=; 10% on the following € 2.500,= and 5% on the following € 5.000,= with a minimum of € 40,=. Ballin Amsterdam may deviate from the aforementioned amounts and percentages in favour of the Consumer.
- 2. All products delivered and yet to be delivered remain the exclusive property of Ballin Amsterdam, until all claims which Ballin Amsterdam has or will obtain on the Consumer, including in any case the claims referred to in paragraph 2 of Book 3 of the Dutch Civil Code, have been paid in full.
- 3. As long as the ownership of the goods has not been transferred to the Consumer, the latter may not resell or pledge the goods or grant third parties any other right to them.
Article 17 - Complaints procedure
- 1. Ballin Amsterdam has a sufficiently publicised complaints procedure and deals with complaints in accordance with this complaints procedure.
- 2. Complaints about the performance of the contract must be submitted, fully and clearly described, within a reasonable time after the Consumer has discovered the defects, to Ballin Amsterdam.
- 3. Complaints submitted to Ballin 3. Complaints submitted to Amsterdam will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the Ballin Amsterdam will respond within the 14-day period with a notice of receipt and an indication of when the Consumer can expect a more detailed answer.
Article 18 - Liability
- 1. Indien in rechte of anderszins komt vast te staan dat Ballin Amsterdam jegens de Afnemer aansprakelijk mocht zijn voor schade die wordt geleden in verband met de Overeenkomst, of uit hoofde van onrechtmatige daad, of uit enige andere hoofde, dan is deze aansprakelijkheid, inclusief een eventuele betalingsverplichting op basis van artikel 6:230 BW en/of artikel 6:271 BW, te allen tijde in zijn totaliteit beperkt tot hetgeen in deze bepaling is geregeld:
a. Ballin Amsterdam is nimmer aansprakelijk voor schade, die is ontstaan doordat Ballin Amsterdam is uitgegaan van door of namens de Afnemer verstrekte onjuiste gegevens/bestanden;
b. Ballin Amsterdam is nimmer aansprakelijk voor de door de Afnemer geleden gederfde winst, gemiste inkomsten, gemiste omzet, gemiste besparingen, schade door bedrijfs- en andersoortige stagnatie;
c. De aansprakelijkheid van Ballin Amsterdam, inclusief een eventuele betalingsverplichting op basis van artikel 6:230 BW en/of artikel 6:271 BW, tegenover de Afnemer is te allen tijde beperkt tot het bedrag dat de aansprakelijkheidsverzekering van Ballin Amsterdam in voorkomend geval uitkeert;
d. In het geval de aansprakelijkheidsverzekering van Ballin Amsterdam – om welke reden dan ook – niet tot uitkering overgaat, geldt dat de aansprakelijkheid van Ballin Amsterdam, inclusief een eventuele betalingsverplichting op basis van artikel 6:230 BW en/of artikel 6:271 BW, is beperkt tot:
– de nettowaarde van de factuur ter zake de Producten waarop de schadeveroorzakende gebeurtenis betrekking heeft dan wel indien meerdere facturen betrekking hebben op de schadeveroorzakende gebeurtenis, de nettowaarde van de laatste van deze reeks door Ballin Amsterdam aan de Afnemer verzonden facturen voorafgaand aan het moment dat de schadeveroorzakende gebeurtenis heeft plaatsgevonden;
– dan wel, indien aan de schadeveroorzakende gebeurtenis geen levering van Producten ten grondslag ligt, ofwel geen factuur daarvoor verzonden is, de nettowaarde van de laatste door Ballin Amsterdam aan de Afnemer verzonden factuur voorafgaand aan het moment dat de schadeveroorzakende gebeurtenis heeft plaatsgevonden.
- 2. In the event that the liability insurance of Ballin 2. In the event that, for whatever reason, the liability insurance of Amsterdam does not pay out, the total liability of Amsterdam Ballin Amsterdam, including any payment obligation on the basis of Article 6:230 Dutch Civil Code and/or Article 6:271 Dutch Civil Code, vis-à-vis the Other Party in respect of its attributable failure to perform or late and/or improper performance or for any other reason - irrespective of the number of events that cause damage - will in no event exceed the net value of the last invoice sent by Amsterdam to the Other Party prior to the moment at which the event that caused the damage occurred. Ballin Amsterdam sent to the Client prior to the moment at which the event that caused the damage occurred, on the understanding that the total liability of Amsterdam will not exceed a maximum of, and will never exceed, € 10. Ballin Amsterdam will not exceed the net value of the last invoice sent by Amsterdam to the Client prior to the date on which the event causing the damage occurred, on the understanding that the total liability of Amsterdam will not exceed € 10,000.
- 3. These limitations will only not apply in the event of intent or conscious recklessness on the part of Ballin Amsterdam and/or managers of Amsterdam. Ballin Amsterdam.
- 4. All subordinates of Ballin Amsterdam may invoke the above provisions towards the Client and, if necessary, towards third parties on the same basis as Amsterdam. Ballin Amsterdam on the same basis as Amsterdam.
- 5. Damage for which Ballin Amsterdam can be held liable, must be reported in writing to Amsterdam as soon as possible, but within 15 days of the damage occurring. Ballin Amsterdam, on pain of forfeiture of the right to compensation for this damage. This term does not apply if the Client can demonstrate that the damage could not have been reported earlier for good reason.
- 6. Een aansprakelijkheidsvordering jegens Ballin Amsterdam vervalt binnen 12 maanden nadat de Afnemer bekend is geraakt met het schade toebrengende feit of hiermee redelijkerwijs bekend had kunnen zijn.
Article - 19 Indemnification
- 1. The Client will be liable for all damage, losses, costs and expenses, including but explicitly not limited to legal fees, that Ballin Amsterdam or third parties suffer as a result of or in connection with a shortcoming in the performance of an Agreement by the Client, irrespective of whether this damage was caused by the Client, its personnel or another (legal) person or property for which Ballin Amsterdam is legally liable.
- 2. The Client indemnifies Ballin Amsterdam for all claims by third parties in respect of damage, losses, costs and expenses arising from or related to a failure in the performance of an Agreement by the Customer, including but explicitly not limited to claims as referred to in article 6:185 jo. 190 of the Netherlands Civil Code, as well as the franchise amount referred to in those articles, as well as claims on account of (i) infringement of any intellectual property right in connection with the goods delivered, (ii) product liability, product safety and relevant worldwide legislation in the field of product liability, bodily injury and/or death, (iii) loss of or damage to goods, and/or (iiii) alleged or actual infringement by Ballin Amsterdam of any of the warranties, representations, duties, liabilities and/or obligations contained in this Agreement arising out of or in connection with the Agreement and/or Products or the use and exploitation thereof or arising out of or in connection with the activities or failures of Amsterdam under this Agreement. Ballin Amsterdam under the present Agreement.
- 3. If Ballin 3. If Amsterdam is held liable by third parties on that account, the Other Party shall be obliged to assist Amsterdam Ballin 3. If Amsterdam is held liable by third parties for that reason, the Client is obliged to assist Amsterdam, both judicially and extrajudicially, and to immediately do everything that may be expected of it in that case.
- 4. The Customer shall arrange for adequate insurance to cover the execution risk as referred to above. At the first request of Amsterdam, the Customer is obliged to Ballin The Client is obliged at the first request of Amsterdam to prove that it has fulfilled this obligation. The excess will at all times be at the expense of the Purchaser. If, in connection with any liability vis-à-vis Amsterdam, the Purchaser is Ballin Amsterdam for a payment pursuant to an insurance agreement, the Purchaser must ensure that these payments are made directly to Amsterdam. Ballin Amsterdam. Any payment to Ballin Any payment to Amsterdam on the basis of an insurance agreement entered into by the Purchaser will be without prejudice to the claims for compensation of Ballin Any payment to Amsterdam on the basis of an insurance agreement entered into by the Purchaser will not affect the claims for damages of Amsterdam on the Purchaser, insofar as these exceed the payment.
- 5. The customer is always obliged to do everything possible to limit the damage.
- 6. Should the Customer fail to take adequate measures, Amsterdam will be entitled to do so itself, without any Ballin If the Customer fails to take adequate measures, Amsterdam will be entitled to do so itself, without any notice of default being required. All costs and damages on the part of Amsterdam Ballin Amsterdam and third parties, will be entirely at the expense and risk of the Purchaser.
Article 20 - Intellectual and industrial property rights
- 1. Without the prior written consent of Ballin Amsterdam, nor use the name or trademarks of Ballin Amsterdam, nor use any words, images, or symbols which, in the opinion of the Client, could indicate the involvement of Ballin Amsterdam in or agreement with any written or verbal advertisement or presentation, logbook, a plan, advice, brochure, newsletter, etc. drawn up by Amsterdam. Ballin Amsterdam, plan, advice, brochure, newsletter, book or other published material.
- 2. The Products delivered by Amsterdam to the Ballin Amsterdam to the Customer under an Agreement explicitly does not imply the transfer of any intellectual or industrial property rights. All works that are made available to the Ballin All works made available to the Purchaser by Amsterdam within the framework of the Agreement will remain the property of Amsterdam. Ballin Amsterdam. The Purchaser will only use these works for the purpose of and in the context of the performance of the Agreement, within the limits of the Agreement, and may not reproduce, publish, or make available to third parties or use them in any other way, either wholly or in part, without the prior express written permission of Amsterdam. Ballin Amsterdam.
- 3. All intellectual and industrial property rights, including but not limited to trademark rights, copyrights, design rights and database rights, trade name rights and patent rights, which are used or arise within the framework of the execution of the Agreement and/or are included in the Products or in an advice, including but not limited to products, production processes, applications, concepts, designs, drawings, inventions, models, techniques, works, methods, results, creations, presentations, computer programmes, know-how, data collections and other knowledge, will exclusively belong to Ballin Amsterdam, unless otherwise agreed.
- 4. The Customer is not permitted to remove or change any indication concerning copyrights, brands, trade names or other rights of intellectual and industrial property from the Products delivered by Ballin Amsterdam or the accompanying materials.
- 5. De Afnemer zal alle intellectuele en industriële eigendomsrechten van Ballin Amsterdam steeds volledig respecteren.
Article 21 - transfer of rights and obligations
- 1. The Customer is not entitled to sell and/or transfer the rights and/or obligations under the Agreement to a third party.
- 2. 18.2 Ballin Amsterdam is entitled to transfer its claims to payment of compensation to a third party.
Article 22 - disputes
- 1. Contracts between Ballin 1. Agreements between Amsterdam and the Consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if an obligation is wholly or partially fulfilled abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention 1980 (CISG) is expressly excluded.
- 2. Disputes between the parties shall be exclusively adjudicated by the competent court in the district of Amsterdam, unless the law imperatively dictates otherwise. Nevertheless, Amsterdam Ballin Amsterdam shall nevertheless be entitled to submit the dispute to the competent court according to the law.
- 3. Parties will only appeal to the court after they have made every effort to settle a dispute in mutual consultation.
Article 23 - Additional or different provisions
- Additional provisions or provisions that deviate from these general conditions may not be to the detriment of the Consumer and must be recorded in writing or in such a way that the Consumer can store them in an accessible manner.
Article 24 - Amendments to the General Terms and Conditions
- Amendments to these terms and conditions shall only come into force after they have been published in the appropriate manner, on the understanding that, in the event of applicable amendments during the term of an offer, the provision that is most favourable to the Consumer shall prevail.
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