General Terms and Conditions

General terms and conditions 2BLINK

E-mail: info @ 2BLINK .nl

Website: www. 2BLINK .nl

 

Definitions

  1. 2BLINK: 2BLINK, established in Harderwijk under Chamber of Commerce number 90809440.
    2. Customer: the person with whom 2BLINK has entered into an agreement.
    3. Parties: 2BLINK and customer together.
    4. Consumer: a customer who is also an individual and who acts as a private person .

 

Article 1 - Applicability of general terms and conditions

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

expressly excludes third parties .

 

Article 2 - Prices

  1. All prices used by 2BLINK are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or otherwise agreed.
  2. 2BLINK may change all prices that it uses for its products, on its website or otherwise made known, at any time.
  3. Increases in the cost prices of products or parts thereof, which 2BLINK could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.
  4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

 

Article 3 - Payments and payment terms

  1. When entering into the agreement, 2BLINK may request a down payment of up to 50% of the agreed amount.
  2. The customer must have made payments according to the payment methods.
  3. 2BLINK reserves the right to make a delivery dependent on immediate payment or a

to require security for the total amount of the services or products.

 

Article 4 - Consequences of late payment

  1. If the customer is in default, he will also owe 2BLINK extrajudicial collection costs and any compensation.
  2. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
  3. If the customer does not pay on time, 2BLINK may suspend its obligations until the customer has fulfilled his

its payment obligation .

  1. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, the claims

from 2BLINK to the customer immediately due and payable.

  1. If the customer refuses to cooperate with the execution of the agreement by 2BLINK, he is still obliged to pay the agreed price to 2BLINK.

 

Article 5 - Right of complaint

  1. As soon as the customer is in default, 2BLINK is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
  2. 2BLINK invokes the right of complaint by means of a written or electronic communication.
  3. Once the customer has been informed of the invoked right of complaint, the customer must return the products to which this applies.

the right relates, must be returned immediately to 2BLINK, unless the parties make other arrangements.

  1. The costs of retrieving or returning the products will be borne by the customer.

 

Article 6 - Right of withdrawal

  1. A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that:

the product has not been used
it is not a product that can spoil quickly, such as food or flowers it is not a product that has been tailor-made or adapted especially for the consumer it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.) the seal is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
the product or service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity the product is not a separate magazine or newspaper the consumer has not waived his right of withdrawal

  1. The 14-day reflection period as referred to in paragraph 1 commences:
    on the day after the consumer has received the last product or part of 1 order as soon as the consumer has confirmed that he will purchase digital content via the internet
  2. The consumer can make his/her appeal to the right of withdrawal known via service@2BLINK.nl.
  3. The consumer is obliged to return the product within 14 days after notification of his right of withdrawal.

return to 2BLINK, failing which his right of withdrawal will lapse.

 

Article 7 - Reimbursement of delivery costs

  1. If the consumer has made timely use of his right of withdrawal and as a result has returned the entire order to 2BLINK on time, 2BLINK will refund any shipping costs paid by the consumer within 14 days of receipt of the order that has been returned on time and in full.
  2. Delivery costs will only be borne by 2BLINK if the entire order is returned.

 

Article 8 - Reimbursement of return costs

If the consumer exercises his right of withdrawal and returns the entire order on time, the costs for returning the entire order will be borne by the consumer.

 

Article 9 - 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.

 

Article 10 - Right of retention

  1. 2BLINK may invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices to 2BLINK, unless the customer has provided sufficient security for those costs.
  2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to 2BLINK.
  3. 2BLINK is never liable for any damage that the customer may suffer as a result of exercising his right of retention.

 

Article 11 - Settlement

Unless the customer is a consumer, the customer waives his right to offset a debt to 2BLINK against a claim on 2BLINK.

 

Article 12 - Retention of title

  1. 2BLINK shall remain the owner of all delivered products until the customer has fully complied with all its payment obligations towards 2BLINK under any agreement concluded with 2BLINK, including claims relating to failure to comply.
  2. Until then, 2BLINK can invoke its right of retention of title and take back the items.
  3. Before ownership has passed to the customer, the customer may not pledge, sell or alienate the products.

or otherwise object.

  1. If 2BLINK invokes its retention of title, the agreement will be deemed to have been terminated and

2BLINK has the right to claim damages, lost profits and interest.

 

Article 13 - Delivery

  1. Delivery will take place while stocks last.
  2. Delivery will take place at 2BLINK, unless the parties have agreed otherwise.
  3. Delivery of products ordered online will take place at the address specified by the customer.
  4. If the agreed amounts are not paid or are not paid on time, 2BLINK has the right to

to suspend obligations until the agreed portion has been paid.

  1. In the event of late payment, the creditor is in default, with the result that the customer cannot accept a late delivery.

2BLINK may object.

 

Article 14 - Delivery time

  1. The delivery times stated by 2BLINK are indicative and do not entitle the customer to cancellation or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
  2. The delivery period commences at the moment that the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation from 2BLINK.
  3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless 2BLINK cannot deliver within 14 days after written notice to do so or the parties have agreed otherwise.

 

Article 15 - Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time.

 

Article 16 - Transport costs

Transportation costs are borne by the customer, unless the parties have agreed otherwise.

 

Article 17 - Packaging and shipping

  1. If the packaging of a delivered product is opened or damaged, the customer must have a note made of this by the carrier or delivery person before receiving the product, failing which 2BLINK cannot be held liable for any damage.
  2. If the customer arranges for the transport of a product himself, he must report any visible damage to products or packaging to 2BLINK prior to transport, failing which 2BLINK cannot be held liable for any damage.

 

Article 18 - Storage

  1. If the customer receives ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
  2. Any additional costs resulting from premature or late collection of products will be borne entirely by the customer.

 

Article 19 - Warranty

  1. The warranty with respect to products applies only to defects caused by defective manufacturing, construction or material.
  2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, modifications to the product, negligence or improper use by the customer, or if the cause of the defect cannot be clearly determined.
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties shall pass to the customer at the time when they are legally and/or actually delivered, or at least come into the possession of the customer or of a third party who receives the product on behalf of the customer.

 

Article 20 - Indemnification

The customer indemnifies 2BLINK against all claims from third parties relating to the products and/or services supplied by 2BLINK.

 

Article 21 - Complaints

  1. The customer must examine a product or service supplied by 2BLINK as soon as possible for any deficiencies.
  2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform 2BLINK of this as soon as possible, but in any case within 1 month after discovering the shortcomings.
  3. Consumers must inform 2BLINK of any deficiencies within 2 months of discovering them.
  4. The customer must provide as detailed a description as possible of the deficiency , so that 2BLINK is able to respond adequately.
  5. The customer must demonstrate that the complaint relates to an agreement between the parties.

 

Article 22 - Notice of default

  1.     The customer must notify 2BLINK of any notice of default in writing. 2.
  2.     It is the customer's responsibility to ensure that a notice of default actually reaches 2BLINK (on time).

 

Article 23 - Joint and several liability of the customer

If 2BLINK enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts they owe to 2BLINK under that agreement.

 

Article 24 - Liability of 2BLINK

  1. 2BLINK is only liable for any damage suffered by the customer if and to the extent that such damage is caused by intent or deliberate recklessness.
  2. If 2BLINK is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
  3. 2BLINK is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.
  4. If 2BLINK is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance and in the absence of (full) payment of the amount of damages by an insurance company, 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 catalogue are only indicative and are only approximate and cannot give rise to compensation and/or (partial) termination of the agreement and/or suspension of any obligation.

 

Article 25 - Expiry period

Any right of the customer to compensation from 2BLINK shall in any case expire 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 Civil Code.

 

Article 26 - Right of withdrawal

  1. The customer has the right to terminate the agreement if 2BLINK is culpably in breach of its obligations, unless this breach, given its special nature or minor significance, does not justify termination.
  2. If compliance with the obligations by 2BLINK is permanently or temporarily impossible, dissolution can only take place after 2BLINK is in default.
  3. 2BLINK has the right to terminate the agreement with the customer if the customer does not fully or timely fulfil his obligations under the agreement, or if 2BLINK has become aware of circumstances that give it good reason to fear that the customer will not be able to properly fulfil his obligations.

 

Article 27 - Force Majeure

  1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by 2BLINK to fulfil any obligation towards the customer cannot be attributed to 2BLINK in a situation beyond the control of 2BLINK, which prevents the fulfilment of its obligations towards the customer in whole or in part or which makes it unreasonable to expect 2BLINK to fulfil its obligations .
  2. force majeure situation referred to in paragraph 1 also includes - but is not limited to: state of emergency (such as civil war, uprising, riots, natural disasters, etc.); default and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses , strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
  1. If a force majeure situation occurs as a result of which 2BLINK cannot fulfil one or more obligations to the customer, those obligations will be suspended until 2BLINK can fulfil them again.
  2. From the moment that a force majeure situation has lasted for at least 30 calendar days, either party may terminate the agreement in writing in whole or in part.
  3. In the event of force majeure, 2BLINK shall not be liable for any compensation (for damages), even if it enjoys any benefit as a result of the force majeure situation .

 

Article 28 - Amendment of the agreement

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

 

Article 29 - Amendment of general terms and conditions

  1. 2BLINK is entitled to amend or supplement these general terms and conditions.
  2. Minor changes may be made at any time.
  3. 2BLINK 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 material change to the general terms and conditions.

to say .

 

Article 30 - Transfer of rights

  1. Customer rights under an agreement between the parties may not be transferred to third parties without the prior written consent of 2BLINK.
  2. This provision applies as a clause with property law effect as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.

 

Article 31 - Consequences of nullity or voidability

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

 

Article 32 - Applicable law and competent court

  1. Dutch law applies exclusively to any agreement between the parties.
  2. The Dutch court in the district where 2BLINK is established / practices / has an office is exclusive

Authorized to hear any disputes between parties, unless the law prescribes otherwise.