Earth & Flight Composites B.V.
In these general terms and conditions and the provisions based on them:
a) activity: all services offered by the entrepreneur;
b) consumer: a natural person who does not act in the course of his trade, business, craft or profession;
c) third-person self-employed person: a natural or legal person acting in the course of her trade, business, craft or profession, whether or not through another person acting on her behalf or for her account, in collaboration with the entrepreneur;
d) durable medium: every tool that enables the entrepreneur to store personal information addressed to it in a way that makes this information accessible for future use during a period that is adapted to the purpose for which the information is intended, and which allows an unmodified representation of the stored information;
e) fee: the compensation that the entrepreneur owes to his work, not including the turnover tax (VAT);
f) entrepreneur: the natural or legal person acting in the course of her trade, business, craft, or profession, whether or not through another person acting on her behalf or for her account;
g) unequivocal statement: the declaration by a client to an entrepreneur that is open to one interpretation only. The statement contains at least:
i) name of the client;
ii) (invoice) address;
iii) zip code;
v) telephone number;
vi e-mail address;
vii) order number;(viii) The assignment to which the declaration relates.
h) assignment: the agreement between the client and the entrepreneur
i) client: the natural or legal person who provides the assignment for the work;
j) distance contract: the agreement concluded between the entrepreneur and the client in the context of an organised remote service system without the simultaneous personal presence of the entrepreneur and client and for which, up to and including the moment of the conclusion of the agreement only use is made of one or more means for distance communication;
2. The entrepreneur
Entrepreneur: Earth & Flight Composites B.V.
Established at: Sjoukje Dijkstralaan 27, 2134 CN Hoofddorp
CCN Chamber of Commerce number: 62006428
E-mail address: firstname.lastname@example.org
Telephone number: +31 (0) 6 2508 0254
3. The company
1) These general terms and conditions apply to every website affiliated to Earth & Flight Composites, Bv including https://www.efcomposites.com.
1) These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that is realised between the entrepreneur and the client.
2) Before the distance contract is concluded, the text of these general terms and conditions will be made available to the client. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the entrepreneur can view the general terms and conditions and they will be sent free of charge as soon as possible at the request of the client.
3) If the distance contract is concluded electronically, in derogation of the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the client in such a way that it is the client can easily be stored on a durable medium. If this is not reasonably possible before the distance contract is concluded, will be indicated of which the general terms and conditions electronically can be taken note of and that at the request of the client by electronic means or otherwise will be sent free of charge.
4) The general conditions can be consulted at all times on the websites of the entrepreneur.
5) If specific service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the case of conflicting general terms and conditions, the client may always invoke the applicable provision that is most favourable to him. Is.
5. Additional or deviating provisions
Additional provisions or deviating from these general terms and conditions may not be to the detriment of the client. They must be recorded in writing or in such a way that they can be stored by the client in an accessible manner on a durable medium.
Chapter 2 The agreement
1) Quotations provided by the entrepreneur are entirely without obligation unless explicitly agreed otherwise.
2) Offers made by the entrepreneur count as an offer and are valid for 30 days.
3) The tender will indicate, if applicable, the activity:
(a) the place of the work;
b) the description of the work;
c) according to which drawings, technical specifications, designs, and calculations the activity will be carried out;
(d) the time of commencement of the activity;
e) the period within which the activity will be carried out and delivered. The term can be determined on a particular day or the number of workable days within which the activity must be carried out;
f) the pricing method used for the work to be performed. In the price formation method of the contract price, the entrepreneur mentions a fixed amount for the activity described in the tender; In the price formation method, the entrepreneur makes a statement of the price factors (such as hourly rates and surcharges);
g) whether payment of the price in installments will take place;
h) whether a risk scheme will apply to the activity, and if so which;
i) the applicability of these general terms and conditions to the quotation and the resulting assignment.
1) The prediction of the average costs of the offered services.
2) Price increases, except cost reduction, within three months after entry into force of the scheme.
3) Price increases, with the exclusion of cost-increasing circumstances, from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this:
a) It has one of the rules; from
b) The client has the authority to agree with the effect from the day on which the price increase takes effect.
4) Cost-increasing things are understood as conditions that die:
(a) are of such a nature that they are there for their doing;
b) that entrepreneur cannot be credited; c) reduce the cost of the work.
5) Obvious errors in the offer, including obvious descriptions, do not bind the entrepreneur. The letters and publicity of the entrepreneur, which keeps the information about the entrepreneur at all times as feasible. Partly under an obvious error is available an offer that the client knew indignity should know that it was a manifest error in the offer.
6) In the case of a manifest error of error, the assignment has been immediately informed of the manifest error by e-mail. The e-mail also contains a term in which the client can bid on the right offer.
7) The prices mentioned in the tender of services are an estimate based on the verb amount of work. It is a company that ensures that the activity will cost multiple times.
8) Considering that there are extra costs related to the activity, that a new offer to the client. The client has the right to dissolve the agreement if the assignment unreasonably prevents the offer.
9) The dissolution of the agreement for the performance of fees and costs.
10) If damage to the work occurs, it can not be maintained.
11) The prices mentioned in the service offer are very loyal.
1) The agreement is, under the provision of paragraph 4, concluded from the moment of acceptance of the offer by the client and the fulfilment of the conditions.
2) As long as the entrepreneur has not made the receipt of this acceptance, the client can terminate the agreement.
3) If the agreement is concluded electronically, the entrepreneur will take technical and organisational measures to protect the data and ensure a secure web environment. If the client can pay electronically, the entrepreneur will allow taking security measures. which does not relinquish the accounting of hazing and the human information
4 ) If at the entrepreneur after the conclusion of the agreement for her knowledge circumstances give her excellent ground to fear that the client will not meet the payment obligation, the entrepreneur may suspend the fulfilment of its part of the agreement, terminate the agreement or attach special conditions to the performance of the contract.
5) The entrepreneur sends the client to the service the following information, in writing or in such a way that the client can store it in an accessible manner on a durable medium:
a) the visiting address of the establishment of the entrepreneur where the client can go with complaints;
b) the conditions under which and how the client can make use of the right of withdrawal, or a clear statement regarding the exclusion of the power of cancellation;
c) the information about guarantees and existing service after purchase or delivery;
d) the information included in article 6 paragraph 3 of these conditions unless the entrepreneur has already provided this information to the client before the execution of the agreement;
e) the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
1) The entrepreneur takes the highest possible care when assessing applications for the provision of services and the execution of the assignment.
2) Entrepreneur makes sure that he/she has the knowledge and skills necessary to accept an assignment about the correct fulfilment of it.
3) If the execution of the activity must be relocated, or if the activity can not be carried out, or only partially, the client will immediately receive notice thereof. In that case, the client has the right to dissolve the agreement free of charge and the right to any compensation.
4) If a term for delivery of the service has been agreed between the entrepreneur and the client, this period is not a deadline, unless explicitly agreed otherwise.
5) The exceeding of the period does not provide grounds for compensation or dissolution unless expressly stated that the term is a strict deadline.
1) Payment is possible on the payment methods offered for this purpose by the entrepreneur.
2) Unless otherwise agreed, the amounts owed by the client must be paid within 30 days after receiving the invoice.
3) The client must pay the full amount due at the latest before the start of the assignment.
4) The client must report inaccuracies in provided or stated payment details to the entrepreneur without delay.
5) In case of default of the client, the entrepreneur, subject to legal restrictions, the right to charge the reasonable costs made known to the client in advance.
6) The cheap prices referred to in paragraph 5 of this article shall, in any case, be taken to mean the legally stipulated interest. Costs are also understood to include expenses incurred in connection with the collection of outstanding receivables. The prices for collecting the unpaid debt are set at 15% of the outstanding invoices unless a different percentage is legally applied.
11. Adjustments and changes
1) The Parties will consult each other about modifications to the assignment if:
a) changes occur in the starting points or other circumstances that formed the basis of the assignment;
b) the proper fulfilment of the assignment requires additional work. In these consultations, the parties observe each other’s legitimate interests.
2) The following circumstances, in any case, give rise to the adjustment of the assignment:
a) relevant changes to (government) regulations or decisions;
b) relevant changes to the schedule of requirements or the original assignment;
c) changes requested by the client, or variants of, work that has already been approved, or that are part of a phase that has already been approved;
d) extra work that appears necessary during the fulfilment of the assignment.
3) Adjustments and changes to the assignment are regarded as cost-increasing circumstances as referred to in article 7 paragraph 4 of these General Terms and Conditions, to which article 7 paragraph 8 et seq. Of these General Terms and Conditions apply mutatis mutandis.
1) Both parties are obliged to keep confidential all confidential information that they have received from each other or another source in the context of their agreement. Information is considered confidential if the other party has communicated this or if this results from the nature of the data.
2) If, by a legal provision or court order, the user is obliged to provide confidential information to third parties designated by the law or the competent court, and the user cannot rely on a legal or relevant authority in this matter. The court recognised or permitted the right to change, then use is not held to compensation or compensation, and the other party is not entitled to dissolution of the agreement by any damage caused by this.
13. Intellectual property
1) The entrepreneur shall at all times retain the right to all intellectual property, which ensues from or is the result of the service provided by the entrepreneur unless explicitly agreed otherwise.
2) All rights of intellectual or industrial property, as well as similar rights to protect the information, which related to the products manufactured by the entrepreneur and delivered to the client, remain the property of the entrepreneur. Nothing in the agreement concluded with or concluded with the client shall lead to the transfer of such rights, unless explicitly agreed otherwise.
3) Unless explicitly agreed otherwise by the parties, the client will only receive a non-exclusive and non-transferable right to use the products and results of the services for the agreed objectives. The client will strictly comply with the conditions laid down in the General Terms and Conditions or otherwise imposed on the client in such use.
4) The client is not entitled to use the products and results of services other than for the use of the goods to which they relate.
5) The client is not entitled to reproduce and divulge the products and results of the services or the information contained therein or otherwise known to him/her unless the Entrepreneur expressly authorises this in writing.
6) The client will not remove or change indications of the entrepreneur or its suppliers regarding copyrights, brands, trade names, or other intellectual property rights.
7) The entrepreneur guarantees that it is entitled to grant the right of use to the client and indemnifies the client against any claims by third parties in this respect. This provision does not apply if and insofar as the products and results of the services have been changed and/or if these have been delivered in connection with third-party goods unless the client demonstrates in the latter case that the claims of third parties exclusively relate to on the products delivered by the entrepreneur and/or results of the services.
8) In the event of a violation of the provisions in the previous paragraphs, the client shall owe the entrepreneur a fine of € 4,500.00 for any violation, regardless of the other rights of the entrepreneur to fulfillment, dissolution, compensation, and the like.
14. Force Majeure
None of the parties is responsible to the other for any delay, non-performance, loss, damage, or injuries resulting from natural disasters or an ‘act of God’, strikes, disqualification, civil uprisings, unrest, war, fire, explosion, sabotage, storm, floods, earthquakes, fog or confiscation of materials and troops for public use.
15. Activities by third parties
1) An entrepreneur is authorised to have activities carried out under his supervision by others and in respect of parts also to leave the management to others, without prejudice to his responsibility for the proper fulfilment of the assignment.
2) If the proper realisation of the activity necessitates the appointment of one or more third-party self-employed, the client will not do this without consulting the entrepreneur.
3) The third independent, referred to in paragraph 2, will be charged to the client unless explicitly agreed otherwise.
4) If the client appoints several third-party self-employed, the client determines which independent person is responsible for the coordination of the work and which self-employed person is responsible for managing the process of the activities of the various self-employed persons.
5) If the client writes to the entrepreneur a person whose entrepreneur must make use of his obligations, the entrepreneur places the conditions under which he and the prescribed person intend to contract to the client who approves them and accepts.
16. Dismantling, changing, moving by the Client
1) The client can, after confirmation of the agreement by the entrepreneur, dissolve the agreement without ground.
2) If the tenant wishes to terminate the contract or if the tenant does not show up, the following costs will be charged:
a) up to six weeks before the start of the activity: 25% of the agreed amount, unless a higher deposit is stipulated in the agreement;
b) between two and six weeks before departure: 50% of the agreed amount;
c) within two weeks before departure: 100% of the agreed amount; and
d) no show: 100% of the agreed amount
3) The client exercises the right of termination by immediately giving the entrepreneur explicit power to that effect.
The client is obliged, unless in connection with circumstances that can not be expected of him, in proper consultation, entrepreneur the opportunity within a reasonable time for his account shortcomings, for which entrepreneur is liable, to repair or the damage resulting from these shortcomings. To limit or cancel without prejudice to the entrepreneur’s liability for injury as a result of the deficiencies.
3) In determining the compensation in the event of an exceeding of the power of representation, in addition to the other relevant facts and circumstances, an account is taken of the extent to which the client benefits from the consequences of the exceeding of jurisdiction.
4) If by or on behalf of the client the employment of a specific person is or is prescribed, the entrepreneur is no longer bound by the work of that person vis-à-vis the client than by that which the entrepreneur can hold based on the conditions of the agreements between the entrepreneur and the prescribed person, as accepted by the client or approved. If the prescribed person fails and the Entrepreneur has reasonably taken the necessary steps to obtain fulfilment and compensation, the client will reimburse the extra costs incurred for the Entrepreneur, insofar as the prescribed person has not reimbursed these. In return, the entrepreneur, at the first request of the client, will cede this claim to the specified person up to the amount refunded to him by the client.
5) Compensation based on the above rules does not apply insofar as this compensation is unacceptable in the circumstances to the standards of reasonableness and fairness.
1) The entrepreneur has a well-publicised complaints procedure and handles the complaint following this complaints procedure.
2) Complaints about the execution of the agreement must be submitted to the entrepreneur within 14 days, fully and described, after the client has established the defects. Complaints can be lodged with the entrepreneur by means of an unambiguous statement, with due observance of the provisions in Article 1 under g of these conditions.
3) Complaints submitted to the entrepreneur are answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication when the client can expect a more detailed answer.
4) If the complaint can not be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
1) Only Dutch law applies to agreements between the entrepreneur and the client to which these general terms and conditions apply.