Terms & Conditions – DE STEEK

Definitions

  1. De Steek: De Steek, established in Amsterdam under Chamber of Commerce no. 53969189.
  2. Customer: the person with whom De Steek has entered into an agreement.
  3. Parties: The Steek and the customer together.
  4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

  1. These terms and conditions apply to all quotations, offers, activities, orders,
    agreements and deliveries of services or products by or on behalf of De Steek.
  2. Parties can only deviate from these terms and conditions if they are expressly and in writing agreed.
  3. The parties exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties expressly.

Prices

  1. All prices that De Steek uses are in euros, include VAT and exclude any other
    costs such as administration costs, levies and travel, shipping or transport costs, unless expressly otherwise stated or otherwise agreed.
  2. All prices that De Steek uses for its services, on its website or that are otherwise known created, The Steek can change at any time.
  3. De Steek has the right to adjust the prices annually.
  4. Prior to its commencement, De Steek will communicate price adjustments to the customer.
  5. The consumer has the right to terminate the agreement with De Steek if he does not agree goes with the price increase.

Payments and payment term
The following points relate to the service that De Steek provides on an invoice basis:

  1. When entering into the agreement for a group workshop, private lesson or other, De Steek may require a down payment of up to 50% of the agreed amount on an invoice basis.
  2. The customer must have payments in arrears within 7 days after delivery of the product and/or service met.
  3. Payment terms are regarded as strict 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 and in default, without De Steek having to send the customer a reminder send or give notice of default.
  4. De Steek reserves the right to make a delivery conditional on immediate payment
    or to demand a security for the total amount of the services or products.

Consequences of not paying on time
The following points relate to the service that De Steek provides on an invoice basis:

  1. If the customer does not pay within the agreed term, the legal interest will be charged to De Steek of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions to be charged from the day the customer is in default, whereby a part of a month is counted as a whole month.
  2. If the customer is in default, he also owes extrajudicial collection costs and any compensation to De Steek.
  3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
  4. If the customer does not pay on time, De Steek may suspend its obligations until the customer has fulfilled its payment obligation.
  5. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, De Steek’s claims against the customer are immediately due and payable.
  6. If the customer refuses to cooperate with the execution of the agreement by De Steek, he is still obliged to pay the agreed price to De Steek.

Right of withdrawal
The following points relate to services booked (such as sewing lessons, workshops, courses) through our online store:

  1. A consumer can cancel an online purchase up to 21 days before the service
    (workshops/sewing lessons/course) is planned without giving any reason to cancel
  2. If the consumer invokes the right of withdrawal after this cooling-off period (i.e. 20 days or less) before the service is scheduled), the amount will be paid in store credit which is only available within De Steek can be issued.
  3. The reflection period as referred to in paragraph 1 starts:
    > as soon as the consumer has concluded the agreement for the delivery of the service
    > as soon as the consumer has confirmed that he will purchase digital content via the internet
  4. The consumer can make his appeal to the right of withdrawal known via info@desteekamsterdam.nl.

Cancellation policy
The following points relate to canceling/rescheduling lessons during a course:

  1. If the customer, for whatever reason, cannot be present at one of his/her lessons, the customer must notify this no later than 24 hours before the start by e-mail (info@desteekamsterdam.nl) or telephone (020). -737 03 56).
  2. If the customer cancels on time, it is still possible to make up this lesson at another time free of charge, provided when the teacher in question teaches at a different time and there is room within the lesson.
  3. If the customer is late with canceling, it is not possible to make up for this lesson free of charge.

Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

Settlement
Unless the customer is a consumer, the customer waives his right to set off a debt owed to De Steek against a claim against De Steek.

Guarantee
When the parties have entered into an agreement with a service-providing nature, this only contains an obligation of effort for De Steek and therefore no obligation of result.

Performance of the agreement

  1. De Steek will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
  2. De Steek 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 any agreed advance by the customer.
  4. It is the customer’s responsibility that De Steek can start the execution of the agreement on time.
  5. If the customer has not ensured that De Steek can start the execution of the agreement in time, the resulting additional costs and/or extra hours will be borne by the customer.

Duration of the contract for a service

  1. The agreement between De Steek and the customer regarding a service or services is entered into for the duration indicated per service on the website.

Intellectual property

  1. De Steek reserves all intellectual property rights (including copyright, patent law, trademark law, drawing and model law, etc.) on all designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, etc., unless parties have agreed otherwise in writing.
  2. The customer may not claim said intellectual property rights without prior written
    permission from De Steek to copy, show to third parties and/or make available or on
    use in a different way.

confidentiality

  1. The customer will keep all information (in whatever form) that he receives from De Steek secret.
  2. The same applies to all other information concerning The Steek of which the customer knows whether can reasonably suspect that it is secret or confidential, or of which he can expect that spreading it could cause damage to The Steek.
  3. The customer takes all necessary measures to ensure that he receives the information referred to in paragraphs 1 and 2 also keep secret.
  4. The duty of confidentiality described in this article does not apply to information:
    o which was already public before the customer learned this information or which is later publicly available without being the result of a breach of the confidentiality obligation of the customer
    o disclosed by the customer on the basis of a legal obligation
  5. The duty of confidentiality described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiry.

penalty clause

  1. If the other party rejects the article of these general terms and conditions about confidentiality or about infringes intellectual property, then he forfeits for any violation in favor of trade name an immediately payable fine.

if the other party is a consumer, this fine is € 1,000
if the other party is a legal person, this fine is € 5,000

  1. In addition, the other party forfeits an amount of 5% of the amount referred to in paragraph 1 for each day that that violation continues.
  2. No prior notice of default or legal proceedings are required for forfeiture of this fine. There is also no need for any kind of damage.
  3. The forfeiture of the fine referred to in the first paragraph of this article does not affect the other rights of De Steek, including its right to claim compensation in addition to the fine.

Disclaimer
The customer indemnifies De Steek against all claims from third parties in connection with De Stek supplied products and/or services.

Complaints

  1. The customer must inspect a product or service provided by De Steek as soon as possible for any shortcomings.
  2. If a delivered product or service does not correspond to what the customer could reasonably expect from the agreement, the customer must inform De Steek as soon as possible, but in any case within 1 month after the discovery of the shortcomings. .
  3. Consumers must inform De Steek of this within 2 months after discovery of the shortcomings.
  4. The customer provides as detailed a description as possible of the shortcoming, so that De Steek 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 De Steek being obliged to perform other work than has been agreed.
  7. Complaints are resolved/handled in the manner that De Steek deems appropriate to the situation.

Notice of default

  1. The customer must notify De Steek in writing of any notice of default.
  2. It is the customer’s responsibility that a notice of default actually reaches De Steek (on time).

Joint and several liability customer
If De Steek enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts that they owe to De Steek under that agreement.

Liability De Steek

  1. De Steek is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
  2. If De Steek is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
  3. De Steek is never liable for indirect damage, such as consequential damage, loss of profit, lost savings or damage to third parties.
  4. If De Steek is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
  5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiration period
Any right of the customer to compensation from De Steek expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Right to dissolution

  1. The customer has the right to dissolve the agreement if De Steek imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
  2. If the fulfillment of the obligations by De Steek is not permanently or temporarily impossible, dissolution can only take place after De Steek is in default.
  3. De Steek has the right to dissolve the agreement with the customer if the customer does not fulfill its obligations under the agreement in full or on time, or if De Steek has become aware of circumstances that give it good grounds to fear that the customer does not fulfill his obligations
    will be able to comply properly.

Force majeur

  1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of De Steek Do not in the fulfillment of any obligation to the customer De Steek can be imputed in one of the will of The Steek independent situation, thus fulfilling his obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from De Steek.
  2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to:
    state of emergency (such as pandemics, insurgency, riots, natural disasters, etc.); default and force majeure of
    suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer
    and telecom disruptions; computer viruses, strikes, government measures, unforeseen
    transport problems, bad weather conditions and work stoppages.
  3. If a force majeure situation occurs as a result of which De Steek 1 or more obligations to the customer cannot fulfill these obligations, those obligations will be suspended until The Steek can again fulfil.
  4. In a situation of force majeure, De Steek does not owe any compensation or damages, as long as De Steek can provide alternative dates for the service(s).

Amendment of the agreement

  1. If after the conclusion of the agreement for its implementation it appears necessary to amend or supplement it, the parties shall amend the agreement in a timely manner and in mutual consultation accordingly.
  2. The previous paragraph does not apply to products purchased in a physical store.

Change of terms and conditions

  1. De Steek is entitled to amend or supplement these general terms and conditions.
  2. Changes of minor importance can be made at any time.
  3. De Steek will discuss major substantive changes 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. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of De Steek.
  2. This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.

Consequences of nullity or voidability

  1. If one or more provisions of these general terms and conditions prove to be invalid or voidable, then this does not affect the other provisions of these terms and conditions.
  2. In that case, a provision that is null or voidable will be replaced by a provision that comes closest to what De Steek has in mind when drawing up the conditions on that point had.

Applicable law and competent court

  1. Only Dutch law applies to every agreement between the parties.
  2. The Dutch court in the district where De Steek is established / has its practice / has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

Prepared on November 16, 2021.

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