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General Terms and Conditions Berkeyexpert



Article 1.

Definitions in these terms and conditions:

  1. Berkeyexpert: located at Jutfaseweg 38, 3522 HD in Utrecht (the Netherlands) and registered with the Chamber of Commerce under registration number 55140165 trading under the name Berkeyexpert.
  2. Client: the natural or legal person who gives Berkeyexpert the order to carry out activities, provide services or buy Berkeyexpert products.
  3. Customer: the natural or legal person, whether or not acting in the exercise of a profession or business that enters into an Agreement with Berkeyexpert and / or has registered on the Website.
  4. Agreement: every agreement or contract between Berkeyexpert and the customer of which these general terms and conditions form an integral part.
  5. Cooling-off period: The period within which the consumer can make use of his right of withdrawal.
  6. Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period.
  7. General Terms and Conditions: these General Terms and Conditions.

Article 2.

Applicability

  1. These general terms and conditions apply to all offers, quotations, agreements, services, activities and deliveries of Berkeyexpert (furthermore Berkeyexpert), of whatever nature, unless that applicability is explicitly excluded in writing in full or in parts or if the parties have explicitly agreed otherwise.
  2. Any terms and conditions of the Client are explicitly rejected. Deviations from and additions to these terms and conditions only apply if and insofar as these have been accepted explicitly and in writing by Berkeyexpert.
  3. If Berkeyexpert allows deviations from these general terms and conditions for a short or longer period of time, whether or not tacitly, this shall not affect its right to demand immediate and strict compliance with these conditions. The Client can never assert any right on the basis of the fact that Berkeyexpert applies these conditions smoothly.
  4. These terms and conditions also apply to all agreements with Berkeyexpert, for the execution of which third parties should be involved.
  5. If one or more of the provisions of the present general terms and conditions or any other agreement with Berkeyexpert may conflict with a mandatory legal provision or any applicable legal provision, the relevant provision will lapse and will be replaced by a new, legally permissible and comparable provision to be determined by Berkeyexpert.
  6. Berkeyexpert reserves the right to change these terms and conditions at any time. With these general terms and conditions becoming applicable, the applicability of all previous (versions of) general terms and conditions will lapse.

Article 3.

Offers and quotations

  1. All offers and quotations from Berkeyexpert are revocable and are made without obligation, unless stated otherwise in writing.
  2. The Client is responsible for the accuracy and completeness of the information, requirements, specifications of the performance and other data on which Berkeyexpert bases its offer.
  3. A composite quotation does not oblige Berkeyexpert to perform a part of the assignment against a corresponding part of the stated price.
  4. The content of the assignment is exclusively determined by the description of the assignment given in the quotation and order confirmation.
  5. The prices in the offers and quotations of Berkeyexpert are exclusive of VAT and other government levies, as well as any costs to be incurred within the framework of the order, including postage and administration costs, unless stated otherwise.

Article 4.

Realization of the agreement

  1. Subject to the following, an agreement with Berkeyexpert exists only after Berkeyexpert has accepted or confirmed it in writing. The order confirmation is deemed to accurately and completely reflect the agreement, unless the Client objects immediately and in writing.
  2. Any additional agreements made, or modifications made later shall only be binding on Berkeyexpert if these have been confirmed in writing by Berkeyexpert within fourteen (14) days and the Client has not objected to this in writing within three (3) working days.
  3. For agreements, activities or transactions for which no written quotation or order confirmation is sent due to its nature and scope, the invoice shall be deemed to accurately and completely reflect the agreement, subject to written objection within seven (7) working days after the invoice date.
  4. Berkeyexpert is entitled at the time of or after entering into the agreement, before performing (further), to demand security from the Client that both payment obligations and other obligations will be met.

Article 5.

Right of withdrawal

  1. When purchasing products, the consumer can terminate a distance contract, or an agreement made outside the sales area without giving any reason until a period of fourteen days has elapsed. This cooling-off period commences on the day following receipt of the product by the consumer or a pre-designated date decided by the consumer and made known to the Berkeyexpert representative.
  2. During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by Berkeyexpert.
  3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to Berkeyexpert within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.
  4. If the consumer has not made it known that it wishes to make use of his right of withdrawal after the expiry of the terms mentioned in paragraphs 2 and 3 and if he has not returned the product, the purchase is a fact.

Article 6.

Delivery and terms

  1. If Berkeyexpert requires information or instructions of the client in the context of the execution of the agreement, the delivery period commences after the Client has made all necessary data available to Berkeyexpert in the manner indicated by Berkeyexpert.
  2. If Berkeyexpert has specified a delivery period, this is only indicative. A specified delivery time can therefore never be regarded as a deadline. In the event that a period is exceeded, the Client must notify Berkeyexpert in writing of its default. Berkeyexpert must be offered a reasonable period in which to still implement the agreement.
  3. Berkeyexpert reserves the right to engage third parties, not working for her, in its service for the execution of (parts of) the assignment.

Article 7.

Invoicing and payment

  1. Berkeyexpert is entitled to request an advance from the client prior to the execution of the agreement, which will be deducted of the last invoice. Advances must be paid without delay.
  2. Payment of invoices must be made within fourteen (14) days of the invoice date, in the manner to be indicated by Berkeyexpert and in the currency in which the invoice is made.
  3. After the expiration of fourteen (14) days after the invoice date, the client will be in default by operation of law without further notice of default being required.
  4. From the moment of default, the Client will owe interest of 1% per month on the due amount, unless the statutory (commercial) interest is higher, in which case the statutory (commercial) interest applies. All (extra) judicial costs incurred by Berkeyexpert in order to obtain satisfaction - both in and out of court - will be borne by the Client from that moment. In that case, the Client will owe a fee of at least 15% of the outstanding amount, with a minimum of € 75.00 (in words: seventy-five euros). If the costs actually incurred and to be incurred by Berkeyexpert exceed this amount, it will also qualify for reimbursement. The statutory regulation applies to the Client who is also a consumer.
  5. In the event of liquidation, bankruptcy or suspension of payment of the Client, the claims of Berkeyexpert and the obligations of the other party towards Berkeyexpert immediately become due and payable.
  6. Payments made by the Client are always used to settle in the first place all interest and costs owed, and secondly the due and payable invoices that have been outstanding the longest, even if the Client states that the payment relates to a later invoice.
  7. Berkeyexpert shall be entitled to refuse full payment of the principal sum if the outstanding and accrued interest and the costs are not also paid.
  8. If several (legal) persons or companies are designated with the Client, they will be jointly and severally liable for compliance with all obligations arising from the agreement concluded with Berkeyexpert.

Article 8.

Suspension and dissolution

  1. If the Client remains in default to fulfill the obligations under the agreement, Berkeyexpert is entitled, without prejudice to the relevant provisions in the agreement, to dissolve the agreement extrajudicially by means of a registered letter. The dissolution will only take place after the Client has been given notice of default in writing and a reasonable period is required to clear the shortcoming.
  2. Furthermore, Berkeyexpert is entitled, without any notice or notice of default being required, to terminate the agreement in whole or in part by means of a registered letter extrajudicial and with immediate effect if:
    a. the Client applies for a (provisional) suspension of payment or a (provisional) suspension of payment is granted to the Client;
    b. the Client applies for his own bankruptcy or is declared bankrupt;
    c. the company of the Client is liquidated;
    d. an important part of the company is taken over from the Client;
    e. the Client ceases its current business;
    f. due to Berkeyexpert's actions, a substantial part of the Client's assets are seized, or if the Client is otherwise no longer able or deemed to be able to fulfill the obligations of the agreement.
  3. Amounts invoiced by Berkeyexpert before the dissolution in connection with what Berkeyexpert has already performed for the execution of the agreement, remain undiminished by the Client to Berkeyexpert and become immediately due and payable at the time of the dissolution.
  4. If the Client, after failing to fulfill its obligations and after having been informed of such, fails to fulfill any obligation arising from the agreement, not fully or not on time, Berkeyexpert is entitled to suspend its obligations towards the Client, without being obliged to pay any compensation to the Client. Berkeyexpert is also entitled to this in the circumstances referred to in paragraph 2 of this article.
  5. The client may, in accordance with applicable consumer law, register the purchased product within 14 days of delivery without giving reasons for return, insofar as it can be regarded as a consumer. In such a case, Berkeyexpert is obliged to reimburse the entire purchase price including the shipping costs charged within 14 days after the Client has indicated to make use of this right. The costs for the return shipment are at the expense of the Client.
  6. The provisions of the preceding paragraph shall not be applied to custom deliveries or to products which for reasons of health protection or hygiene are not suitable for return and of which the seal has been broken after delivery.
  7. The Client must return the goods to Berkeyexpert in accordance with paragraph 5 of this article within 14 days after the return notification is issued as referred to in that paragraph.
  8. Berkeyexpert reserves the right to suspend the payment referred to in the previous paragraph until the moment that the returned product has actually been received.

Article 9.

Liability

  1. If Berkeyexpert is liable for damages, then that liability is limited to compensation for direct damage and up to the invoice amount of the agreement. Direct damage is understood exclusively as:
    a. the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these general terms and conditions.
    b. any reasonable costs incurred to have the defective performance of Berkeyexpert comply with the agreement, unless these cannot be attributed to Berkeyexpert.
    c. Reasonable costs incurred to prevent or limit the damage, insofar as the Client demonstrates that these costs have led to a limitation of the direct damage as referred to in these general terms and conditions.
  2. Berkeyexpert is never liable for indirect damage, including consequential loss, lost profit, missed savings and damage due to business stagnation.
  3. The limitations of liability for direct damage included in these general conditions do not apply if the damage is due to intent or gross negligence on the part of Berkeyexpert.

Article 10.

Retention right

  1. Berkeyexpert can retain received or generated goods, products, property rights, data, documents, data files and (interim) results of the services of Berkeyexpert obtained in the context of the contract despite an existing obligation to return them until the Client has paid all amounts due to Berkeyexpert.

Article 11.

Force majeure

  1. Unforeseen circumstances of any kind including mobilization, danger of war, government measures, strike, occupation, cessation of transport, fire, flooding, failure, late or improper compliance by third parties of which Berkeyexpert is dependent of for the execution of the agreement, as a result of which the assignment is not timely fulfilled or cannot be fulfilled without exorbitant effort and / or costs measured according to objective criteria count as force majeure for Berkeyexpert . The same applies if Berkeyexpert were unexpectedly confronted with the illness or accident of its personnel and / or third parties, whose replacement cannot reasonably be foreseen in the short term.
  2. If one of the cases mentioned in the previous paragraph occurs, the Client will give Berkeyexpert the opportunity to still perform the agreed performance in accordance with the agreement within a reasonable period of time.
  3. In case of force majeure, any liability for compensation from Berkeyexpert for whatever reason is excluded. The parties shall not use their right to dissolve the agreement in case of force majeure for at least three (3) months after the force majeure has arisen, unless the parties have agreed on a longer term for the performance of the agreed performance.
  4. If Berkeyexpert has already partially fulfilled its obligations on the occurrence of the force majeure, or can only partly meet its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the Client is obliged to pay this invoice as if it were considered a separate agreement. However, this does not apply if the already delivered or deliverable part does not have an independent value.

Article 12.

Conformity and warranty

  1. Berkeyexpert warrants that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal rights existing on the date of the conclusion of the agreement based on provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by a manufacturer or importer does not affect the legal rights and claims that the consumer can assert against Berkeyexpert under the contract.
  3. Any defects or incorrectly delivered products must be reported to Berkeyexpert in writing within 2 working days after delivery. Return of the products must be in the original packaging and in new condition.
  4. The warranty period of the entrepreneur corresponds with the manufacturer's guarantee period. Berkeyexpert is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The guarantee does not apply if:
    a. The consumer has repaired and / or processed the delivered products himself or has them repaired and / or processed by third parties;
    b. The delivered products are exposed to abnormal conditions or otherwise careless handling or are treated contrary to the instructions of the entrepreneur and / or the packaging;
    c. The inadequacy in whole or in part it is the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

Article 13.

Confidentiality

  1. Both parties are obliged to keep confidential all confidential information that they have obtained from each other or from another source within the framework of the agreement. Information is considered confidential if this has been communicated by the other party or if this results from the nature of the information.
  2. Berkeyexpert will only use the personal details of the Client and make them available to third parties insofar as this is necessary for the proper execution of the agreement.

Article 14.

Defect and complaint period

  1. Complaints about the products and / or services delivered must be reported in writing to Berkeyexpert by the Client within fourteen (14) days after completion or delivery of the relevant products and/or services. Consumers have a different term of 6 months after delivery. Berkeyexpert will handle complaints received within 14 days.
  2. If a complaint is well-founded, Berkeyexpert will still perform the work or deliver the products as agreed, unless this has become demonstrably pointless for the Client. The latter must be made known in writing by the Client.
  3. Complaints submitted to Berkeyexpert will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Berkeyexpert will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to dispute settlement.
  5. Disputes can be submitted to a disputes committee. The submission of a dispute to this disputes committee involves costs that the consumer must pay to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the obligations of Berkeyexpert unless Berkeyexpert indicates otherwise in writing.
  7. If a complaint is found to be well-founded by Berkeyexpert, Berkeyexpert will repair the products at its option or replace the delivered products free of charge.
  8. If the performance of the agreed services is no longer possible or useful, Berkeyexpert will only be liable within the limits of Article 8 of these general terms and conditions.

Article 15.

Reservation of ownership

As long as the Client does not make full payment for the entire agreed amount, all delivered goods remain the property of Berkeyexpert.


Article 16.

Personal data

Berkeyexpert processes the personal data of the Client in accordance with the privacy statement published on the website.


Article 17.

Applicable law and choice of forum

  1. Dutch law applies to all agreements concluded and to be concluded by Berkeyexpert.
  2. All disputes - including those which are regarded as such by one of the parties only - which arise as a result of an agreement to which these terms and conditions apply in full or in part, or as a result of other agreements which are the result of a such agreement shall be settled by the competent court of the place of business of Berkeyexpert, unless a binding statutory provision precludes this. This does not affect the fact that Berkeyexpert can agree with the Client to have the dispute settled by means of independent arbitration.
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