Terms & Conditions

GENERAL TERMS AND CONDITIONS
Sales VOD Reviews
E-mail: jelle@salesvodreviews.com
Website: www.salesvodreviews.com      

Definitions  
1.    Sales VOD Reviews: Sales VOD Reviews, established in Amsterdam, Chamber of Commerce no. .
2.    Customer: the party which Sales VOD Reviews has entered into an agreement with.
3.    Parties: Sales VOD Reviews and customer together.
4.    Consumer: a customer who is an individual acting for private purposes.  

Applicability   1.    These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Sales VOD Reviews. 2.    Parties can only deviate from these conditions if they have explicitly agreed upon in writing. 3.    The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.  

Offers and quotations   1.    Offers and quotations from Sales VOD Reviews are without engagement, unless expressly stated otherwise. 2.    An offer or quotation is valid for a maximum period of 1 month from its date, unless another acceptance period is stated in the offer or quotation. 3.    If the customer does not accept an offer or quotation within the applicable time frame, the offer or quotation will lapse. 4.    Offers and quotations do not apply to repeated orders, unless the parties have agreed upon this explicitly and in writing.  

Acceptance   1.    Upon acceptance of a quotation or offer without engagement, Sales VOD Reviews reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without any obligations towards the customer. 2.    Verbal acceptance of the customer only commits Sales VOD Reviews after the customer has confirmed this in writing (or electronically).  

Prices   1.    All prices used by Sales VOD Reviews are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise. 2.    Sales VOD Reviews is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time. 3.    The parties agree on a total price for a service provided by Sales VOD Reviews. This is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from. 4.    Sales VOD Reviews is entitled to deviate up to 10% of the target price. 5.    If the target price exceeds 10%, Sales VOD Reviews must let the customer know in due time why a higher price is justified. 6.    If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.

Payments and payment term   1.    Sales VOD Reviews may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount. 2.    The customer must have paid the full amount within 14 days, after delivery. 3.    Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Sales VOD Reviews having to send the customer a reminder or to put him in default. 4.    Sales VOD Reviews reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.  

Consequences of late payment   1.    If the customer does not pay within the agreed term, Sales VOD Reviews is entitled to charge an interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month. 2.    When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Sales VOD Reviews. 3.    The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs. 4.    If the customer does not pay on time, Sales VOD Reviews may suspend its obligations until the customer has met his payment obligation. 5.    In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Sales VOD Reviews on the customer are immediately due and payable. 6.    If the customer refuses to cooperate with the performance of the agreement by Sales VOD Reviews, he is still obliged to pay the agreed price to Sales VOD Reviews.  

Right of withdrawal   1.    A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that: •      the service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity •      the purchase does not concern an (assignment to) urgent repair •      it does not concern a service that is fully performed with the consent of the customer within the 14 calendar days right of withdrawel period and the consumer has not renounced his right of withdrawal   2.    The cooling-off period of 14 days as referred to in paragraph 1 commences: •      as soon as the consumer has purchased a service for the first time •      as soon as the consumer has confirmed the purchase of digital content via the internet 3.    The consumer can notify his right of withdrawal via jelle@salesvodreviews.com.    

Suspension of obligations by the customer   The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.  

Settlement   The customer waives his right to settle any debt to Sales VOD Reviews with any claim on Sales VOD Reviews.          

Insurance   1.    The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft: •      goods delivered that are necessary for the execution of the underlying agreement •      goods being property of Sales VOD Reviews that are present at the premises of the customer •      goods that have been delivered under retention of title 2.    At the first request of Sales VOD Reviews, the customer provides the policy for these insurances for inspection.  

Guarantee When parties have entered into an agreement with services included, these services only contain best-effort obligations for Sales VOD Reviews, not obligations of results.

Performance of the agreement   1.    Sales VOD Reviews executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. 2.    Sales VOD Reviews has the right to have the agreed services (partially) performed by third parties. 3.    The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer. 4.    It is the responsibility of the customer that Sales VOD Reviews can start the implementation of the agreement on time. 5.    If the customer has not ensured that Sales VOD Reviews can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.  

Duty to inform by the customer   1.    The customer shall make available to Sales VOD Reviews all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner. 2.    The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement. 3.    If and insofar as the customer requests this, Sales VOD Reviews will return the relevant documents. 4.    If the customer does not timely and properly provides the information, data or documents reasonably required by Sales VOD Reviews and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.  

Duration of the service agreement   1.    The agreement between Sales VOD Reviews and the customer is entered into for the duration of 1 years, unless it results otherwise from the nature of the agreement or if the parties have expressly agreed otherwise in writing. 2.    If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the term, unless 1 of the parties terminates the contract with due observance of a notice period of 2 month(s), or if a consumer terminates the agreement with due observance of a notice period of 1 month causing the agreement to end at the end of the fixed term. 3.    If the parties have agreed upon a term for the completion of certain activities, this is never a strict deadline, unless specified explicitly otherwise in writing. If this term is exceeded, the customer must give Sales VOD Reviews a written reasonable term to terminate the activities, before it may either terminate the contract or claim damages.  

Intellectual property   1.    Sales VOD Reviews retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, scale models, etc., unless parties have agreed otherwise in writing. 2.    The customer may not copy or have copied the intellectual property rights without prior written permission from Sales VOD Reviews, nor show them to third parties and / or make them available or use them in any other way.  

Confidentiality   1.    The client keeps any information he receives (in whatever form) from Sales VOD Reviews confidential. 2.    The same applies to all other information concerning Sales VOD Reviews of which he knows or can reasonably suspect that it is secret or confidential, or of which it can expect that its disclosure may cause damage to Sales VOD Reviews. 3.    The customer takes all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2 secret. 4.    The obligation of secrecy described in this article does not apply to information: •      which was already made public before the customer heard this information or which later became public without being the result of a violation of the customer's duty to confidentiality •      which is made public by the customer due to a legal obligation 5.    The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after the end thereof.  

Indemnity   The customer indemnifies Sales VOD Reviews against all third-party claims that are related to the products and/or services supplied by Sales VOD Reviews.  

Complaints   1.    The customer must examine a product or service provided by Sales VOD Reviews as soon as possible for possible shortcomings. 2.    If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Sales VOD Reviews of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. 4.    The customer gives a detailed description as possible of the shortcomings, so that Sales VOD Reviews is able to respond adequately. 5.    The customer must demonstrate that the complaint relates to an agreement between the parties. 6.    If a complaint relates to ongoing work, this can in any case not lead to Sales VOD Reviews being forced to perform other work than has been agreed.  

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

Joint and several Client liabilities   If Sales VOD Reviews enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Sales VOD Reviews under that agreement.  

Liability of Sales VOD Reviews   1.    Sales VOD Reviews is never liable for indirect or direct damages, such as consequential loss, lost profit, lost savings or    damage to third parties. 2.    All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.  

Expiry period Every right of the customer to compensation from Sales VOD Reviews shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.

Dissolution

 1.    The customer has the right to dissolve the agreement if Sales VOD Reviews imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.

2.    If the fulfillment of the obligations by Sales VOD Reviews is not permanent or temporarily impossible, dissolution can only take place after Sales VOD Reviews is in default.

3.    Sales VOD Reviews has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Sales VOD Reviews good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force majeure

1.    In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Sales VOD Reviews in the fulfillment of any obligation to the customer cannot be attributed to Sales VOD Reviews in any situation independent of the will of Sales VOD Reviews, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Sales VOD Reviews .

2.    The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.

3.    If a situation of force majeure arises as a result of which Sales VOD Reviews cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Sales VOD Reviews can comply with it.

4.    From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.

5.    Sales VOD Reviews does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

Changes in the general terms and conditions

 1.    Sales VOD Reviews is entitled to amend or supplement these general terms and conditions.

2.    Changes of minor importance can be made at any time.

3.    Major changes in content will be discussed by Sales VOD Reviews with the customer in advance as much as possible.

4.    Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

 1.    The customer cannot transfer its rights deferring from an agreement with Sales VOD Reviews to third parties without the prior written consent of Sales VOD Reviews.

2.    This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

Consequences of nullity or annullability

 1.    If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.

2.    A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Sales VOD Reviews had in mind when drafting the conditions on that issue.

Applicable law and competent court

1.    Dutch law is exclusively applicable to all agreements between the parties.

2.    The Dutch court in the district where Sales VOD Reviews is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Attribution

These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/nl/nl).

Drawn up on 04 July 2023.