General Terms and Conditions

Definitions

  1. COSTIQ: COSTIQ, established in Amsterdam under Chamber of Commerce number 89513614.
  2. Customer: the party with whom COSTIQ has entered into an agreement.
  3. Parties: COSTIQ 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 COSTIQ.
  2. Parties may only deviate from these terms and conditions if they have expressly agreed to this in writing.
  3. The parties expressly 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 COSTIQ 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. COSTIQ may change all prices that COSTIQ 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 COSTIQ 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 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 to be delivered correspond to the sample or model.

Article 6 - Payments and payment terms

  1. When entering into the agreement, COSTIQ may request a down payment of up to 50% of the agreed amount.
  2. The customer must make payments afterwards after delivery.
  3. Payment terms are considered fatal payment terms. This means that if the customer has not paid the agreed amount by the last day of the payment term, he is legally in default and in breach, without COSTIQ having to send the customer a reminder or put him in default.
  4. COSTIQ reserves the right to make a delivery dependent on immediate payment or to demand security for the total amount of the services or products.

Article 7 - Payments and payment terms

Article 8 - Consequences of late payment

  1. If the customer does not pay within the agreed term, COSTIQ is entitled to charge the statutory interest of 2% per month for non-commercial transactions 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 will also owe COSTIQ extrajudicial collection costs and any damages.
  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, COSTIQ 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, COSTIQ's claims on the customer shall be immediately due and payable.
  6. If the customer refuses to cooperate with the execution of the agreement by COSTIQ, he is still obliged to pay the agreed price to COSTIQ.

Article 9 - Right of complaint 

  1. As soon as the customer is in default, COSTIQ is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
  2. COSTIQ 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 immediately return the products to which this right relates to COSTIQ, unless the parties make other arrangements in this regard.
  4. The costs of retrieving or returning the products will be borne by the customer.

Article 13 - 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 specifically for the consumer
  • it is not a product that cannot be returned for hygiene 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 loose magazine or loose newspaper
  • the consumer has not waived his right of withdrawal
  1. The 14-day reflection period referred to in paragraph 1 commences:
    • on the day after the consumer has received the last product or part of 1 order
    • once 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 info@costiq.nl, if desired using the withdrawal form that can be downloaded from the COSTIQ website, www.costiq.nl.
  3. The consumer is obliged to return the product to COSTIQ 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 made timely use of his right of withdrawal and as a result has returned the entire order to COSTIQ on time, COSTIQ 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 COSTIQ if the entire order is returned.

Article 16 - 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 18 - 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 19 - Right of retention

  1. COSTIQ may invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices to COSTIQ, 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 COSTIQ.
  3. COSTIQ shall never be liable for any damage that the customer may suffer as a result of exercising its right of retention.

Article 20 - Settlement

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

Article 21 - Retention of title 

  1. COSTIQ shall remain the owner of all delivered products until the customer has fully complied with all its payment obligations towards COSTIQ under any agreement concluded with COSTIQ, including claims relating to failure to comply.
  2. Until then, COSTIQ can invoke its right of 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 COSTIQ invokes its right of retention of title, the agreement will be deemed to have been terminated and COSTIQ will be entitled to claim damages, lost profits and interest.

Article 22 - Delivery

  1. Delivery will take place while stocks last.
  2. Delivery will take place at COSTIQ, 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 not paid on time, COSTIQ has the right to suspend its obligations until the agreed portion has been paid.
  5. In the event of late payment, the creditor is in default, with the result that the customer cannot object to late delivery against COSTIQ.

Article 23 - Delivery time 

  1. The delivery times stated by COSTIQ 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 COSTIQ.
  3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless COSTIQ cannot deliver within 14 days after written notice to do so 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 on time.

Article 25 - Transport costs 

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

Article 26 - 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 accepting the product, failing which COSTIQ 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 COSTIQ prior to transport, failing which COSTIQ cannot be held liable for any damage.

Article 29 - 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 31 - 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 42 - Indemnification

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

Article 43 - Complaints

  1. The customer must examine a product or service supplied by COSTIQ 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 COSTIQ of this as soon as possible, but in any case within 1 month after discovering the shortcomings.
  3. Consumers must inform COSTIQ of any deficiencies within 2 months of discovering them.
  4. The customer must provide as detailed a description as possible of the shortcoming, so that COSTIQ 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 may in any case not lead to COSTIQ being obliged to perform work other than that agreed upon.

Article 44 - Notice of default

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

Article 45 - Joint and several liability of the customer

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

Article 46 - Liability of COSTIQ

  1. COSTIQ 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 COSTIQ is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
  3. COSTIQ is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.
  4. If COSTIQ 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 47 - Expiry period

Any right of the customer to compensation from COSTIQ 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 48 - Right of withdrawal

  1. The customer has the right to terminate the agreement if COSTIQ 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 COSTIQ is permanently or temporarily impossible, dissolution can only take place after COSTIQ is in default.
  3. COSTIQ 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 COSTIQ 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 49 - Force Majeure

  1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by COSTIQ to fulfil any obligation towards the customer cannot be attributed to COSTIQ in a situation beyond the control of COSTIQ, which prevents the fulfilment of its obligations towards the customer in whole or in part or which makes it unreasonable to expect COSTIQ to fulfil its obligations.
  2. The 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.
  3. If a force majeure situation occurs as a result of which COSTIQ cannot fulfil one or more obligations to the customer, those obligations will be suspended until COSTIQ is able to fulfil them again.
  4. 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.
  5. In the event of force majeure, COSTIQ is not liable for any compensation (for damages), even if it enjoys any benefit as a result of the force majeure situation.

Article 50 - 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 51 - Amendment of general terms and conditions

  1. COSTIQ is entitled to amend or supplement these general terms and conditions.
  2. Minor changes may be made at any time.
  3. COSTIQ will discuss major substantive changes with the customer in advance as much as possible.
  4. Consumers are entitled to terminate the agreement in the event of a material change to the general terms and conditions.

Article 52 - 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 COSTIQ.
  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 undefined - 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 null and void or voidable will in that case be replaced by a provision that comes closest to what COSTIQ had in mind when drawing up the conditions on that point.

Article undefined - Applicable law and competent court

  1. Dutch law applies exclusively to any agreement between the parties.
  2. The Dutch court in the district where COSTIQ is established / practices / has an office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.