Terms of service

Terms and Conditions DutchBreakers

E-mail: info@DutchBreakers.com

Website: www.DutchBreakers.com

Definitions 1. DutchBreakers: DutchBreakers, established in Eindhoven under Chamber of Commerce no. 90432746.

2. Customer: the person with whom DutchBreakers has agreed.

3. Parties: DutchBreakers and customers 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, activities, orders, agreements, and deliveries of services or products by or on behalf of DutchBreakers. 2. The parties can only deviate from these terms and conditions if they have expressly agreed to this in writing. 3. The parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.

Article 4 - Prices 1. All prices used by DutchBreakers are in euros, including VAT and excluding any other costs such as administration costs, levies, and travel, shipping, or transport costs, unless expressly stated otherwise or agreed otherwise. 2. All prices that DutchBreakers uses for its products, on its website or otherwise made known, DutchBreakers can change at any time. 3. Increases in the cost prices of products or parts thereof, which DutchBreakers could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases. 4. The consumer has the right to dissolve 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 5 - Samples and models If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product unless the parties have expressly agreed that the products be delivered match the sample or model.

Article 6 - Payments and term of payment 1. DutchBreakers may, upon agreeing, require a down payment of up to 50% of the agreed amount. 2. The customer must make payments afterward within 14 days after delivery. 3. Payment terms are regarded as strict payment terms. This means that if the customer has paid the agreed amount no later than on the last day of the payment term, he is legally in default and default, without DutchBreakers having to send the customer a reminder or give the customer notice of default. 4. DutchBreakers reserves the right to make delivery dependent on immediate payment or to demand security for the total amount of the services or products.

Article 7 - Payments and Terms of Payment

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

Article 9 - Right of recovery 1. As soon as the customer is in default, DutchBreakers is entitled to invoke the right of recovery concerning the unpaid products delivered to the customer. 2. DutchBreakers invokes the right of recovery through written or electronic communication. 3. As soon as the customer has been informed of the invoked right of recovery, the customer must immediately return the products to which this right relates to DutchBreakers unless the parties make other arrangements about this. 4. The costs for bringing back or returning the products will be borne by the customer.

Article 13 - Right of withdrawal 1. A consumer can dissolve an online purchase during a cooling-off 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 does not is a product that has been specially tailored or adapted for the consumer • it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.) • the seal is still intact, in the case of 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 separate newspaper • the consumer has not waived his right of withdrawal 2. The cooling-off period of 14 days 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 3. The consumer can express the right of withdrawal via info@DutchBreakers.com, if desired using the withdrawal form that can be downloaded from the website of DutchBreakers, www.DutchBreakers.com. 4. The consumer is obliged to return the product to DutchBreakers within 14 days after notification of his right of withdrawal, failing which his right of withdrawal will lapse.

Article 15 - Reimbursement of delivery costs 1. If the consumer has timely exercised his right of withdrawal and as a result has returned the complete order to DutchBreakers in good time, DutchBreakers will refund any shipping costs paid by the consumer within 14 days after receipt of the timely and complete refund of the returned order to the consumer. 2. The costs for delivery are only for the account of DutchBreakers insofar as the entire order is returned.

Article 16 - Reimbursement of return costs If the consumer invokes 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 18 - Right of suspension Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Article 19 - Right of Retention 1. DutchBreakers can invoke its right of retention and in that case keep products of the customer until the customer has paid all outstanding invoices concerning DutchBreakers, unless the customer has provided sufficient security for those costs. . 2. The right of retention also applies based on previous agreements from which the customer still owes payments to DutchBreakers. 3. DutchBreakers is never liable for any damage that the customer may suffer as a result of using his right of retention.

Article 20 - Settlement Unless the customer is a consumer, the customer waives his right to set off a debt to DutchBreakers against a claim against DutchBreakers.

Article 21 - Retention of Title 1. DutchBreakers remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards DutchBreakers based on whatever agreement concluded with DutchBreakers, including claims regarding failure to comply. 2. Until then, DutchBreakers can invoke its retention of title and take back the goods. 3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate, or otherwise encumber the products. 4. If DutchBreakers invokes its retention of title, the agreement will be deemed dissolved and DutchBreakers will be entitled to claim compensation, lost profit, and interest.

Article 22 - Delivery 1. Delivery will take place while stocks last. 2. Delivery takes place at DutchBreakers unless the parties have agreed otherwise. 3. Delivery of products ordered online will take place at the address indicated by the customer. 4. If the agreed amounts are not paid or not paid on time, DutchBreakers have the right to suspend its obligations until the agreed part has been paid. 5. In the event of late payment, there is creditor default, resulting in the customer not invoking a late delivery against DutchBreakers.

Article 23 - Delivery time 1. The delivery times stated by DutchBreakers are indicative and do not entitle the customer to dissolution or compensation if they are exceeded unless the parties have expressly agreed otherwise in writing. 2. The delivery time commences when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation of this from DutchBreakers. 3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement unless DutchBreakers cannot deliver within 14 days after being warned to do so in writing or the parties have agreed otherwise.

Article 24 - Actual delivery The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Article 25 - Transport costs are for the account of the customer unless the parties have agreed otherwise.

Article 26 - Packaging and shipment 1. If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which DutchBreakers 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 the packaging to DutchBreakers before transport, failing which DutchBreakers cannot be held liable for any damage.

Article 29 - Storage 1. If the customer does not purchase the ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer. 2. Any additional costs as a result of premature or late purchase of products will be fully borne by the customer.

Article 31 - Warranty 1. The warranty about products only applies to defects caused by faulty manufacturing, construction, or material. 2. The guarantee does not apply in the case of normal wear and tear and damage caused by accidents, changes made to the product, negligence, or improper use by the customer, as well as when the cause of the defect cannot be determined. 3. The risk of loss, damage, or theft of the products that are the subject of an agreement between the parties transfers to the customer at the time when they are legally and/or delivered, or at least come under the control of the customer or of a third party who receives the product on behalf of the customer.

Article 42 - Indemnity The customer indemnifies DutchBreakers against all third-party claims related to the products and/or services supplied by DutchBreakers.

Article 43 - Complaints 1. The customer must examine a product or service provided by DutchBreakers 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 DutchBreakers of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. 3. Consumers must inform DutchBreakers of this within 2 months after the discovery of the shortcomings. 4. The customer describes the shortcoming that is as detailed as possible so that DutchBreakers can 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 DutchBreakers being obliged to perform other work than has been agreed.

Article 44 - Notice of default 1. The customer must notify DutchBreakers of the notice of default in writing. 2. It is the responsibility of the customer that a notice of default reaches DutchBreakers (in time).

Article 45 - Joint and several liability customers If DutchBreakers agrees with several customers, each of them is jointly and severally liable for the full amounts they owe to DutchBreakers under that agreement. Article 46 - Liability of DutchBreakers 1. DutchBreakers 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 DutchBreakers is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement. 3. DutchBreakers is never liable for indirect damage, such as consequential damage, lost profit, lost savings, or damage to third parties. 4. If DutchBreakers is liable, this liability is limited to the amount 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 (part of the) invoice amount to which the liability relates. 5. All images, photos, colors, drawings, and descriptions on the website or in a catalog are only indicative and only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Article 47 - Expiry period Any right of the customer to compensation from DutchBreakers expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code. Article 48 - Right to dissolution 1. The customer has the right to dissolve the agreement if DutchBreakers imputably fails in the fulfillment of 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 DutchBreakers is not permanently or temporarily impossible, dissolution can only take place after DutchBreakers is in default. 3. DutchBreakers has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if DutchBreakers has become aware of circumstances that give it good grounds to fear that the customer obligations will not be properly fulfilled.

Article 49 - Force majeure 1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of DutchBreakers in the fulfillment of any obligation towards the customer cannot be attributed to DutchBreakers in a situation independent of the will of DutchBreakers, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected of DutchBreakers. 2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance 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 interruptions. 3. If a force majeure situation arises as a result of which DutchBreakers cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until DutchBreakers can meet them again. 4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing. 5. DutchBreakers does not owe any (damage) compensation in a situation of force majeure, not even if it enjoys any advantages as a result of the force majeure situation.

Article 50 - Amendment of the agreement 1. If, after the conclusion of the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and mutual consultation. 2. The previous paragraph does not apply to products purchased in a physical store.

Article 51 - Amendment of general terms and conditions 1. DutchBreakers is entitled to amend or supplement these general terms and conditions. 2. Changes of minor importance can be made at any time. 3. Major substantive changes will be discussed by DutchBreakers 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.

Article 52 - Transfer of rights 1. The rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of DutchBreakers. 2. This provision applies as a clause with effect under property law as referred to in Section 3:83(2) of the Civil Code. Article undefined - Consequences of nullity or voidability 1. If one or more provisions of these general terms and conditions appear to be void or voidable, this will not affect the other provisions. 2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what DutchBreakers had in mind when drawing up the conditions on that point. Article undefined - Applicable law and competent court 1. Dutch law applies exclusively to every agreement between the parties. 2. The Dutch court in the district where DutchBreakers has its registered office/practice/office has exclusive jurisdiction to take cognizance of any disputes between the parties unless the law prescribes otherwise. Drawn up on 08 June 2023