TERMS & CONDITIONS UNITY OF LOVE
Unity of Love: Denomination Unity of Love, established in Utrecht under CoC no. 81174187.
Customer: the person with whom Unity of Love has entered into an agreement.
Parties: Unity of Love and customer together.
Consumer: a customer who is also an individual and acts as a private person.
Applicability of General Terms and Conditions
These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Unity of Love. Parties can only deviate from these terms and conditions if they have explicitly agreed to do so in writing. The parties explicitly exclude the applicability of additional and / or deviating general terms and conditions of the customer or third parties.
All prices that Unity of Love uses are in EUR, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise. All prices that Unity of Love uses for its products or services, on its website or that are otherwise announced, can be changed by Unity of Love at any time. Increases in the cost prices of products or parts thereof that Unity of Love could not foresee at the time the offer was made or the agreement was concluded, may give rise to price increases. 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.
The price for a service is determined by Unity of Love on the basis of the hours actually spent. The price is calculated according to the usual hourly rates of Unity of Love, valid for the period in which he performs the work, unless a different hourly rate has been agreed. If the parties have agreed on a total amount for a service by Unity of Love, this is always a target price, unless the parties have explicitly agreed in writing on a fixed price, which cannot be deviated from.
Unity of Love is entitled to deviate up to 10% of the target price. If the target price is more than 10% higher, Unity of Love must inform the customer in good time why a higher price is justified. If the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price plus 10%. Unity of Love has the right to adjust prices annually. Prior to its commencement, Unity of Love will communicate price adjustments to the customer.
The consumer has the right to cancel the agreement with Unity of Love if he does not agree with the price increase.
Payments and Payment Term
Unity of Love may require a down payment of up to 50% of the agreed amount when entering into the agreement. The customer must make payments afterwards within 7 days after delivery of the product. Payment terms are considered to be strict payment terms. This means that if the customer has not paid the agreed amount by the last day of the payment term at the latest, he is in default by operation of law and in default, without Unity of Love having to send the customer a reminder or declare it in default.
Unity of Love reserves the right to make a delivery dependent on immediate payment or to demand security for the total amount of the services or products.
Consequences of Late Payment
If the customer does not pay within the agreed term, Unity of Love is entitled to charge an interest of 1% per month from the day that the customer is in default, whereby part of a month is counted as a whole month. If the customer is in default, he will also owe extrajudicial collection costs and any compensation to Unity of Love. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs. If the customer does not pay on time, Unity of Love may suspend its obligations until the customer has fulfilled his payment obligation. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, Unity of Love's claims against the customer are immediately due and payable. If the customer refuses to cooperate with the performance of the agreement by Unity of Love, he is still obliged to pay the agreed price to Unity of Love.
Right of Complaint
As soon as the customer is in default, Unity of Love is entitled to invoke the right of complaint with regard to the unpaid products supplied to the customer. Unity of Love invokes the right to complain by means of a written or electronic communication. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Unity of Love, unless the parties make other agreements about this.
The costs for the repossession or return of the products are at the expense of the customer.
Right of Withdrawal
A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, on the condition 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 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 if it concerns data carriers with digital content (DVDs, CDs, etc.)
- The product is not a travel, transport ticket, catering order or form of leisure activity
- The product is not a separate magazine or newspaper
- It does not concern an (order for) urgent repair
- The consumer has not waived his right of withdrawal
The reflection 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 received the first product in a subscription
- As soon as the consumer has purchased a service for the first time
- As soon as the consumer has confirmed that he will purchase digital content via the internet
The consumer can make his appeal to the right of withdrawal known via email@example.com. The consumer is obliged to return the product to Unity of Love within 14 days after making known his right of withdrawal, failing which his right of withdrawal will lapse. The costs for returning will only be borne by Unity of Love if the entire order is returned. If the purchase costs and any other costs (such as shipping and return costs) qualify for reimbursement by law, Unity of Love will refund these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, on provided that the consumer has returned the product to Unity of Love on time.
Right of Suspension
Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.
Right of Retention
Unity of Love can invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding accounts with regard to Unity of Love, unless the customer has provided sufficient security for those costs . The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Unity of Love. Unity of Love is never liable for any damage that the customer may suffer as a result of making use of his right of retention.
Unless the customer is a consumer, the customer waives his right to set off a debt to Unity of Love with a claim against Unity of Love.
Retention of Title
Unity of Love remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards Unity of Love under any agreement concluded with Unity of Love, including claims regarding shortcomings in the compliance. Until then, Unity of Love can invoke its retention of title and take back the goods. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products. If Unity of Love invokes its retention of title, the agreement is deemed to be dissolved and Unity of Love has the right to claim compensation, lost profit and interest.
Delivery takes place while stocks last and takes place at Unity of Love, unless the parties have agreed otherwise. Delivery of products ordered online takes place at the address indicated by the customer. If the agreed amounts are not paid or not paid on time, Unity of Love has the right to suspend its obligations until the agreed part has been paid.
In case of late payment, there is a default of creditors, with the result that the customer cannot object to a late delivery against Unity of Love.
Delivery Time and Actual Delivery
The delivery times stated by Unity of Love are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have explicitly agreed otherwise in writing. Delivery time commences when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation thereof from Unity of Love. Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Unity of Love cannot deliver within 14 days after receiving a written reminder or the parties have agreed otherwise. The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Cost of Transportation
Transport costs are at the expense of the customer, unless the parties have agreed otherwise.
Packaging and shipping
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 Unity of Love cannot be held liable. held for any damage. If the customer himself arranges the transport of a product, he must report any visible damage to products or the packaging to Unity of Love prior to transport, failing which Unity of Love cannot be held liable for any damage.
The customer undertakes to adequately insure the following items and to keep them insured against, among other things, fire, explosion and water damage as well as theft:
- Goods delivered that are necessary for the execution of the underlying agreement
- Unity of Love items that are present at the customer's
- Goods delivered under retention of title
The customer will provide the policy of these insurance policies for inspection at Unity of Love's first request.
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. Any additional costs as a result of premature or late purchase of products are entirely at the expense of the customer.
When the parties have entered into an agreement of a service nature, this only contains best efforts obligations for Unity of Love, not obligations to achieve results. The warranty with regard to products applies only to defects caused by faulty manufacture, construction or material. The warranty does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the moment when they are legally and / or actually delivered, or at least come under the control of the customer or from a third party who receives the product on behalf of the customer.
Execution of Agreement
Unity of Love will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. Unity of Love has the right to have the agreed services (partially) performed by third parties. The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer. It is the responsibility of the customer that Unity of Love can start the implementation of the agreement on time. If the customer has not ensured that Unity of Love can start the execution of the agreement on time, the resulting extra costs and / or extra hours will be borne by the customer.
Information Provision by Customer
The customer makes all information, data and documents that are relevant for the correct execution of the agreement available to Unity of Love in a timely manner and in the desired form and in the desired manner. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if these originate from third parties, insofar as the nature of the agreement does not dictate otherwise. If and insofar as the customer requests this, Unity of Love will return the relevant documents.
If the customer does not, not timely or not properly provide the information, data or documents reasonably required by Unity of Love and the execution of the agreement is delayed as a result, the resulting extra costs and costs of extra working hours will be borne by the customer.
Duration of Contract for a Service
The agreement between Unity of Love and the customer regarding a service or services is entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or the parties have explicitly agreed otherwise in writing. If an agreement has been entered into for a definite period of time, it will be tacitly converted into an agreement for an indefinite period after the expiry of the period, unless 1 of the parties terminates the agreement with due observance of a notice period of months, or a consumer cancels the agreement. with due observance of a notice period of 1 month, whereby the agreement ends by operation of law. If the parties have agreed on a term for the completion of certain activities within the term of the agreement, this is never a strict deadline. If this term is exceeded, the customer must give Unity of Love written notice of default.
Terminating a Service Contract for an Indefinite Period
The customer can terminate an agreement for a service that has been entered into for an indefinite period at any time with due observance of a notice period of 1 month. A consumer has the right to terminate an agreement for an indefinite period of time with due observance of a notice period of 1 month.
Intellectual Property (IP)
Unity of Love retains all IP 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, etc. models, etc., unless the parties have agreed otherwise in writing. The customer may not copy the said IP rights or have them copied, show them to third parties and / or make them available or use them in any other way without prior written permission from Unity of Love.
If the other party violates the article of these general terms and conditions on confidentiality or on intellectual property, he will forfeit an immediately payable fine for each violation for the benefit of trade name.
- If the other party is a consumer, this fine is € 1,000
- If the other party is a legal entity, this fine is € 5,000
In addition, the other party forfeits an amount of 5% of the amount referred to in paragraph 1 for each day that the violation continues. No prior notice of default or legal proceedings are required for forfeiting this fine. Nor does there need to be any form of damage. The forfeiture of the fine referred to in the first paragraph of this article does not affect other rights of Unity of Love, including its right to claim compensation in addition to the fine.
The customer indemnifies Unity of Love against all claims from third parties related to the products and / or services delivered by Unity of Love.
The customer must examine a product or service provided by Unity of Love as soon as possible for any shortcomings. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Unity of Love of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. set. Consumers must inform Unity of Love of this within 2 months after discovery of the shortcomings. The customer will provide a description of the shortcoming that is as detailed as possible, so that Unity of Love is able to respond adequately. The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this cannot in any case lead to Unity of Love being obliged to perform other work than agreed.
Notice of Default
The customer must make notice of default known to Unity of Love in writing. It is the responsibility of the customer that a notice of default actually reaches Unity of Love (on time).
Joint and Several Liability of Customer
If Unity of Love enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts that they owe to Unity of Love under that agreement.
Liability Unity of Love
Unity of Love is only liable for any damage that the customer suffers if and insofar as that damage is caused by intent or deliberate recklessness. If Unity of Love is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement. Unity of Love is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties. If Unity of Love is liable, this liability is limited to the amount that is paid out by a concluded (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.
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) dissolution of the agreement and / or suspension of any commitment.
Any right of the customer to compensation from Unity of Love will in any case lapse 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of article 6:89 of the Dutch Civil Code.
Right to Cancel
The customer has the right to dissolve the agreement if Unity of Love imputably fails in the fulfilment of its obligations, unless this shortcoming does not justify the dissolution in view of its special nature or minor significance. If the fulfilment of the obligations by Unity of Love is not permanently or temporarily impossible, dissolution can only take place after Unity of Love is in default. Unity of Love has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfil his obligations under the agreement, or if Unity of Love has taken cognizance of circumstances that give it good grounds to fear that the customer will not be able to properly fulfil his obligations.
Force of Majority
In addition to the provisions of Article 6:75 Dutch Civil Code, a failure of Unity of Love in the fulfilment of any obligation towards the customer cannot be attributed to Unity of Love in any of the will of Unity of Love. independent situation, as a result of which the fulfilment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfilment of its obligations cannot reasonably be expected of Unity of Love.
The force majeure situation referred to in paragraph 1 also includes - but is not limited to -: a state of emergency (such as civil war, uprising, 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 transportation problems, bad weather and work stoppages. If a force majeure situation arises as a result of which Unity of Love is unable to fulfil 1 or more obligations towards the customer, those obligations will be suspended until Unity of Love can meet them again. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
Unity of Love does not owe any (damage) compensation in a force majeure situation, not even if it enjoys any advantage as a result of the force majeure situation.
Amendments to Agreements
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 in mutual consultation.
Changes to General Conditions
Unity of Love is entitled to amend or supplement these general terms and conditions. Changes of minor importance can be made at any time. Unity of Love will discuss major changes with the customer as much as possible in advance. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of Rights
Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Unity of Love. This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph of the Dutch Civil Code.
Consequences of Nullity or Voidability
If one or more provisions of these general terms and conditions appear to be invalid or voidable, this will not affect the other provisions of these terms and conditions. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Unity of Love had in mind when drawing up the conditions on that point.
Applicable Law and Competent Court
Dutch law is exclusively applicable to every agreement between the parties. The Dutch court in the district where Unity of Love is located / has a practice / office has exclusive jurisdiction to hear any disputes between the parties, unless the law requires otherwise.
This document has been officially composed and set up on December 20, 2020.