General terms and conditions Smeerkees Zonnebrandcrème B.V.

Definitions

Unless the context indicates otherwise, the terms and expressions used below in these general terms and conditions, have the following meanings:

Smeerkees Sunscreen: Smeerkees Sunscreen B.V., established in Amsterdam under KvK no. 89975464.
Customer: the person with whom Smeerkees Sunscreen has entered into an agreement;
Tenant: the party with whom Landlord enters into the lease;
Rent: the total amount of rental costs (including VAT), consisting of the rental price times the rental period;
Rental period: agreed period that the movable property will be at the tenant’s disposal;
Rented: the movable property owned by Landlord and leased to Tenant through the Lease;
Parties: Grease Sunscreen and client together;
Consumer: a customer who is also an individual acting as a private person;
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period
Day: calendar day;
Data: All documentation provided by Smeerkees Sunscreen, such as catalogs, designs, images, drawings, models, samples, descriptions, software, technical information and the like, which are the property of Smeerkees Sunscreen and are protected by intellectual property rights. Use of this information by the customer is limited to the purpose for which it was provided and may not be reproduced or shared without the express permission of Greaseberry Sun Cream

Identity of Comfrey Sunscreen

Smeerkees Sunscreen B.V.
Humber Road 8
1043 AC Amsterdam
Phone number: +31 (6) 37 43 91 67
Email address: info@smeerkeeszonnebrandcreme.nl
Chamber of Commerce number: 89975464
VAT number: NL8651.70.721.B.01

Applicability of general terms and conditions

These conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Smeerkees Sunscreen. The acceptance of a quotation, offer, order or entering into an agreement implies that the customer accepts these general terms and conditions without reservation.
The parties explicitly exclude the applicability of additional and/or different general conditions of the customer or third parties. The general conditions of Smeerkees Sunscreen prevail in case of contradictory provisions with any other general conditions.
If one or more provisions in these general conditions are at any time wholly or partially void or annulled, the agreement and these conditions will remain in force for the rest and the provision concerned will be replaced by mutual agreement without delay by a provision that approaches the purport of the original as much as possible.
Situations not covered by these general terms and conditions should be judged “in the spirit” of these general terms and conditions.
Uncertainty regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted “in the spirit” of these general terms and conditions.

Allergies

Although Smeerkees Sunscreen and its suppliers take the utmost care in developing its products, unfortunately in exceptional cases an allergic reaction can occur when using them. Because each person is unique, an allergic reaction cannot be accurately predicted in advance. Therefore, always try a small amount of a product on a non-visible area before using the product. A renewed or modified product should always be tested again before it is used. If you are known to have allergies to certain ingredients, check the ingredient list on the product before using it. The ingredients can also be found on the Smeerkees Sunscreen website.
Because Smeerkees Sunscreen unfortunately cannot predict whether an allergic reaction will occur, it excludes any liability for any allergic reaction, regardless of its cause or severity. Smeerkees Sunscreen recommends seeking prior medical advice when in doubt. In the event of an allergic reaction, Smeerkees Sunscreen can always be contacted for questions. In addition, we strongly recommend seeking immediate medical advice if you experience severe or persistent allergic reactions.
Comfrey Sunscreen is not liable for any allergic reaction to its products, regardless of the cause or severity of the reaction. By using our products, the purchaser agrees to indemnify Comfrey Sunscreen from any liability or responsibility for such reactions. Use of our products implies that the purchaser is aware of and accepts the potential risks.

Offers and quotations

Offers and quotations by Smeerkees Sunscreen are without obligation, unless expressly stated otherwise therein. Smeerkees Sunscreen reserves the right to change or withdraw offers and quotations before the customer has accepted them.
An offer or quotation is valid for a maximum of 2 months, unless another acceptance period is stated in the offer or quotation. After the expiration of the validity period, the offer or quotation can no longer be invoked, unless the parties have expressly agreed otherwise.
If the customer does not accept an offer or quotation within the applicable time period, the offer or quotation shall lapse.
Offers and quotations do not apply to repeat orders unless the parties have expressly agreed in writing.
Information provided by Smeerkees Sunscreen on offers and quotations remains the property of Smeerkees Sunscreen, may not be reproduced and/or provided to third parties without the express written consent of Smeerkees Sunscreen, and must be returned to Smeerkees Sunscreen immediately upon request. Smeerkees Sunscreen also reserves all rights that may exist under intellectual and industrial property. The improper use of this information may result in legal action and/or claims for damages.
If a quotation relates to a multi-year collaboration, Greasekeeper Sunscreen reserves the right to adjust prices in subsequent years. These price adjustments may be based on, but are not limited to, agreements between the parties, inflation adjustments, changes in the cost of raw materials, and other relevant market conditions.

The offer

If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
The offer contains a clear and accurate description of the products and/or services. Images give as true a representation as possible, but obvious errors or mistakes do not bind Smeerkees Sunscreen.
The offer contains sufficient information so that the consumer understands the rights and obligations upon acceptance
All offers are subject to availability of the products or services and may be changed or withdrawn at any time without notice.

Acceptance and agreement

An agreement is accepted if and insofar as Smeerkees Sunscreen has sent a confirmation or has entered into a contract with the Other Party. The agreement is deemed to have been concluded at the moment the order confirmation has been sent by Smeerkees Sunscreen, or the contract has been signed by both parties.
Upon acceptance of an offer or quotation without engagement, Smeerkees Sunscreen reserves the right to still withdraw the offer or quotation within 3 days after receipt of the acceptance, without the customer being able to derive any rights from this. In that case no agreement has been established.
Verbal acceptance by the customer only commits Smeerkees Sunscreen after the customer has confirmed it in writing (or electronically). Smeerkees Sunscreen reserves the right not to accept an oral agreement if it is not confirmed in writing or electronically within a reasonable period of time.
If the customer does not meet the conditions set by Smeerkees Sunscreen or if there is doubt about the creditworthiness of the customer, Smeerkees Sunscreen reserves the right to dissolve the agreement without any liability.

Right of withdrawal for the sale of products

When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 7 days. This reflection period starts the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to Smeerkees Sunscreen.
During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he uses his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to Smeerkees Sunscreen, in accordance with the reasonable and clear instructions provided by Smeerkees Sunscreen.
In the event that use of the right of withdrawal results in the product being returned damaged or destroyed, Smeerkees Sunscreen has the right to offset that damage against the amount paid.
The right of withdrawal is excluded for the purchase of products by companies and non-consumers.
The right of withdrawal is excluded for sunscreen whose seal has been broken or which has been opened or compromised in any other way that no longer guarantees the hygiene and quality of the product.

Right of withdrawal for rental products

When renting products, the consumer has the option of dissolving the agreement without giving reasons for 7 days, provided that the products have not yet been installed or put into use. This reflection period starts the day after the conclusion of the rental agreement or the day after the consumer takes delivery of the rented product.
During the withdrawal period, the consumer must handle the rented material with care. If the consumer exercises the right of withdrawal before the products have been installed or put into use, he must return the rented material with all delivered accessories in the original condition and packaging to Smeerkees Sunscreen, in accordance with the reasonable instructions provided.
If the installation or commissioning of the products has already taken place, revocation is no longer possible.
The right of withdrawal is excluded for the rental of products to companies and non-consumers.

Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the cost of return shipment shall be borne by him.
If the consumer has paid an amount, Smeerkees Sunscreen will refund this amount as soon as possible, but no later than 30 days after the return or revocation.

Prices

All prices quoted by Smeerkees Sunscreen are in euros, are exclusive of VAT and exclusive of any other costs such as administration fees, levies and travel, shipping or transport costs, wrapping, sunscreen, unless explicitly stated otherwise or agreed upon otherwise.
All prices used by Greasy Sunscreen for its services and products, on its website or otherwise made known, Greasy Sunscreen may change at any time.
The parties agree on a total amount for a service by Smeerkees Sunscreen as a guide price, unless the parties have expressly agreed in writing on a fixed price, which cannot be deviated from.
Comfrey Sunscreen is entitled to deviate up to 10% from the target price.
If the target price is going to be more than 10% higher, Smeerkees Sunscreen must inform the customer in a timely manner why a higher price is justified.
If the guide price exceeds the guide price by more than 10%, the customer has the right to cancel the part of the order that exceeds the guide price plus 10%.
Comfrey Sunscreen has the right to adjust prices annually.
Smeerkees has the right to adjust the prices of contract customers annually, based on the indexation of the CBS.
Prior to its effective date, Grease Suntan will communicate price adjustments to the customer.
Consumers have the right to terminate the agreement with Smeerkees Sunscreen if they do not agree with the price increase.

Payments and payment period

Sale of products

The agreement concluded between the consumer and Smeerkees Sunscreen contains an individual clause under which the consumer is obliged to pay the amount due to Smeerkees Sunscreen when ordering the product.
The consumer has the duty to immediately report inaccuracies in payment information provided or listed to Smeerkees Sunscreen.
In the event of non-payment by the consumer, Smeerkees Sunscreen has the right, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer.
Smeerkees Zonnebrandcrème is entitled, in the case of invoices that have remained unpaid for 30 days after the invoice date, to charge extrajudicial costs in accordance with the fixed compensation schedule as referred to in the Dutch Extrajudicial Collection Costs Act (Wet Normering Buitengerechtelijke Incassokosten) and the Dutch Extrajudicial Collection Costs Compensation Decree (Besluit Vergoeding voor Buitengerechtelijke Incassokosten), with a minimum of € 40.

Rental and services

When entering into the agreement, Smeerkees Sunscreen may require a deposit of up to 50% of the agreed amount.
The customer must have made payments in arrears within 14 days of delivery.
Payment deadlines are considered fatal payment deadlines. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he or she is legally in default, without Smeerkees Zonnebrandcrème having to send the customer a reminder or give notice of default.
Smeerkees Sunscreen reserves the right to make a delivery conditional upon immediate payment or require a security deposit for the total amount of the services or products.

Consequences of not paying on time

If the customer does not pay within the agreed period, then Smeerkees Sunscreen is entitled to charge the legal interest rate 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.
If the customer is in default, he will also owe extrajudicial collection costs and any damages to Smeerkees Sunscreen.
Collection costs are calculated according to the Decree on compensation for extrajudicial collection costs, with a minimum of €40. If the customer does not pay on time, Smeerkees Sunscreen may suspend its obligations until the customer has fulfilled its payment obligation.
In case of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of Smeerkees Sunscreen on the customer are immediately due and payable.
If the customer refuses to cooperate in the execution of the agreement by Smeerkees Sunscreen, he is still obliged to pay the agreed price to Smeerkees Sunscreen.

Right of advertising

As soon as the customer is in default, Smeerkees Sunscreen is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
Smeerkees Sunscreen invokes the right of complaint by means of a written or electronic communication. The notice must include a reasonable period within which the customer can fulfill his payment obligations before the products are taken back.
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 Smeerkees Sunscreen, unless the parties make other agreements in this regard.
The cost of retrieving or bringing back the products will be borne by the customer. If the customer does not cooperate in taking back the products, Smeerkees Sunscreen is entitled to recover all reasonable costs related to this, including legal costs, from the customer.

Suspension right

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

Lien

Smeerkees Sunscreen may invoke its right of retention and, in that case, retain products of the customer until the customer has paid all outstanding bills with respect to Smeerkees Sunscreen, unless the customer has provided adequate security for those costs.
The lien also applies under previous agreements from which the customer still owes payments to Smeerkees Sunscreen.
Smeerkees Sunscreen is never liable for any damages that the customer may suffer as a result of exercising his lien, unless Smeerkees Sunscreen is liable for intent or gross negligence in the event of loss or damage to the products.

Settlement

Unless the customer is a consumer, the customer waives its right to set off a debt to Smeerkees Sunscreen against a claim against Smeerkees Sunscreen.

Retention of title

Sale

Smeerkees Zonnebrandcrème remains the owner of all delivered products until the customer has completely fulfilled all his payment obligations towards Smeerkees Zonnebrandcrème under any agreement entered into with Smeerkees Zonnebrandcrème, including claims for failure to perform.
Until then, Smeerkees Sunscreen may invoke its retention of title and repossess the items.
Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
If Smeerkees Sunburner invokes its retention of title, the agreement is deemed dissolved and Smeerkees Sunburner is entitled to claim damages, lost profits and interest.

Rental and services

The rented property, including sunscreen poles, shall at all times remain the property of the lessor and the lessee shall not assert any rights to the rented property other than the right of use resulting from the agreement. The Landlord reserves title to the Leased Premises until the Tenant has fulfilled its payment obligations under the Agreement in full. If the tenant defaults on payment of the rent, the landlord has the right to take back the rented object, whereby the rental agreement will be dissolved without judicial intervention.
The Lessee is obliged to immediately inform Smeerkees Sunscreen if third parties seize the Leased Premises or wish to assert rights over the Leased Premises.
If the rented property is lost, damaged or rendered unusable for any reason during the rental agreement, the renter’s obligation to pay remains in full force and effect.

Delivery

Delivery will take place while supplies last.
Delivery of ordered products takes place at the address specified by the customer.
If the agreed amounts are not paid or not paid on time, Smeerkees Sunscreen has the right to suspend its obligations until the agreed part is still paid.
Late payment constitutes creditor default, with the result that the customer cannot hold a late delivery against Grease Suntan Cream.

Delivery time

The delivery times specified by Smeerkees Sunscreen are indicative and, if exceeded, do not entitle the customer to rescission or compensation, unless the parties have expressly agreed otherwise in writing.
The delivery time begins after the offer signed by the customer for approval to Smeerkees Sunscreen has been confirmed by Smeerkees Sunscreen to the customer in writing or electronically.
The delivery time starts after the customer has made a purchase in the webshop of Smeerkees Sunscreen and the payment has been received by Smeerkees Sunscreen. Smeerkees Sunscreen will confirm to the customer in writing or electronically that the payment has been received and the delivery time will start from that moment.
Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Smeerkees Zonnebrandcrème cannot deliver within 14 days after being reminded to do so in writing or the parties have expressly agreed otherwise in writing.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in a timely manner.
If the customer is not present on time at the agreed delivery address or the delivery is otherwise delayed due to circumstances attributable to the customer, Smeerkees Sunscreen is entitled to charge the customer for the resulting additional costs.

Transportation and delivery costs

Transportation costs shall be borne by the customer, unless otherwise agreed in writing or electronically between the parties
For purchases of products in the web shop, free shipping is offered for orders totaling €100 or more. Orders under €100 will be charged shipping costs according to the rates listed on the website.
Transportation fees for sunscreen poles may include a mileage fee and an allowance for staff time spent transporting and delivering the products. These fees will be specified in advance in the quotation or by other written or electronic means.
Smeerkees Sunscreen will inform the customer in advance of estimated transportation costs, either through the quotation or other written or electronic means. These costs serve as a guideline and are not binding.
The final transportation cost may vary depending on the actual distance and the time spent by the personnel to transport and deliver the products. In case of deviations from the estimated cost, Grease Suntan Cream will inform the customer.
The customer is responsible for the payment of transportation costs, within the payment period agreed upon in writing or electronically, unless otherwise agreed upon between Smeerkees Sunscreen and the customer.

Insurance

The customer undertakes to adequately insure and keep insured the following items against, among other things, fire, explosion and water damage as well as theft:
- delivered items necessary for the performance of the underlying contract
- Matters of Greasy Sunscreen present with the customer
- goods delivered under retention of title
At Smeerkees Sunscreen’s first request, the customer shall make the policy of these insurances available for inspection.
Comfrey Sunscreen holds liability insurance.
If the customer chooses not to take out insurance against the above risks (including fire, explosion, water damage and theft), this is entirely at the customer’s own risk. In the event that the sunbathing pole or associated parts are damaged or lost during the term of the agreement and the customer has not taken out insurance, all costs for repair or replacement shall be entirely the responsibility of the customer/tenant.
All costs and damages resulting from failure to obtain such insurance, including any replacement cost of the rented or delivered product, shall be borne by the customer/renter.
In the event of damage or loss of the insured items, the customer is obligated to immediately notify Grease Sunscreen and take all steps necessary to prevent further damage.

Retention

If the customer does not take delivery of ordered products until later than the agreed delivery date, the risk of any loss of quality shall be borne entirely by the customer.
Any additional costs resulting from premature or delayed purchase of products shall be borne entirely by the customer.

Assembly/Installation/Maintenance

Although Smeerkees Sunscreen makes every effort to perform all assembly, and/or maintenance, and/or installation work to the best of its ability, it bears no responsibility for this except in the case of intentional or gross negligence.

Warranty

When the parties have entered into an agreement with a service character, it contains for Smeerkees Sunscreen only an obligation of effort and thus no obligation of result.
The warranty with respect 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 caused by accidents, modifications made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
Comfrey Sunscreen reserves the right to repair, replace, or offer appropriate compensation for a product that has become defective, depending on the nature of the defect and the circumstances.
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 moment they are legally and/or actually delivered, or at least come into the control of the customer or of a third party who takes delivery of the product on behalf of the customer. In case of rental of sunburn posts, the risk passes to the customer from the moment the sunburn post is delivered to the agreed location and made available for use by the customer. From that moment, the customer is responsible for taking appropriate measures to protect the sunburn pole from loss, theft or damage.
If a defect is not covered by warranty, any repair or replacement costs may be charged to the customer.
If, at the discretion of the customer, the sunburn post no longer meets the desired aesthetic appearance for stickering, the responsibility and cost of re-painting is entirely with the customer.

Exclusion from Warranty

This warranty does not apply under the following circumstances:

The defect is due to improper use of the product or use of the product in a manner other than that for which the product is intended;
The defect is attributable in whole or in part to an act or omission of any person other than Sundo;
The product has been the subject of misuse, neglect, accident or abuse;
The product is constructed, installed or used in a manner different from that indicated by Sundo in its instructions or warnings;
The product has been used for a purpose other than domestic use.

The warranty does not include:

Fading of the color of the product (even if it is due to exposure to Ultra Violet radiation) or degradation in the chemical composition of the fabric due to exposure to Ultra Violet radiation;
Any damage to the product resulting from exposure of the product to chemicals (including chlorine), placing the product near open flames (including fire from a barbecue) or any other heat source made by man, excessive tightening of the product.

Execution of the agreement

Smeerkees Sunscreen performs the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
Smeerkees Sunscreen has the right to have the agreed service provision (partially) carried out by third parties.
Execution of the agreement shall be by mutual agreement and after written agreement and payment of any agreed advance by the client.
It is the customer’s responsibility to ensure that Smeerkees Sunscreen can begin executing the agreement in a timely manner.
If the customer has not ensured that Smeerkees Zonnebrandcrème can begin the execution of the agreement in a timely manner, the resulting extra costs and/or extra hours will be charged to the customer.

Client disclosure

The customer makes all information, data and documents relevant for the correct execution of the agreement available to Smeerkees Sunscreen on time and in the desired form and manner.
The customer guarantees the accuracy, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless the nature of the agreement dictates otherwise.
If and to the extent requested by the customer, Smeerkees Sunscreen will return the relevant records.
If the customer does not, does not timely or does not properly make available the information, data or documents reasonably required by Smeerkees Zonnebrandcrème, and the execution of the agreement is delayed because of this, then the resulting extra costs and extra hours will be charged to the customer.

Provision of information by Smeerkees Sunscreen

Smeerkees Sunscreen strives to provide the most reliable and honest information possible about its products in all of its communications through the website, email, social media channels, and other means. However, no rights can be derived from photos, videos, explanations, illustrations, and other graphic or textual design. Smeerkees Zonnebrandcrème can deviate from these and is not responsible or liable for this. The use of such materials is therefore entirely at the customer’s own risk.

Duration of service agreement

The agreement between Smeerkees Sunscreen and the customer regarding a service or services is entered into for the duration described in the rental agreement signed by both parties, unless something else follows from the nature of the agreement or the parties have expressly agreed otherwise in writing.

Intellectual property

Smeerkees Sunscreen retains all intellectual property rights (including copyright, patent, trademark, drawing and model rights, etc.) to all designs, drawings, writings, carriers containing data or other information, quotations, images, sketches, models, models, etc., unless the parties have agreed otherwise in writing.
The customer may not copy (or have copied) said intellectual property rights, show them to third parties and/or make them available or use them in any other way without the prior written consent of Smeerkees Sunscreen.

Secrecy

The customer shall keep confidential any information (in any form) received from Smeerkees Sunscreen.
The same applies to all other information concerning Smeerkees Sunscreen of which the customer knows or can reasonably suspect that it is secret or confidential, or of which he can expect that its dissemination can harm Smeerkees Sunscreen.
The customer shall take all necessary measures to ensure that he also keeps the information mentioned in paragraphs 1 and 2 confidential.
The duty of confidentiality described in this article does not apply to information:
- that was already in the public domain before the customer learned of it or that subsequently became public without being the result of a breach of the customer’s confidentiality obligation
- disclosed by the customer pursuant to a legal duty
The obligation of confidentiality described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiration.

Penalty clause

If the other party violates the article of these general terms and conditions on confidentiality or on intellectual property, it shall forfeit to trade name an immediately payable fine for each violation.
- If the other party is a consumer then this penalty is €1,000
- If the other party is a legal entity then this fine is €5,000
In addition, the other party shall forfeit an amount of 5% of the amount mentioned in paragraph 1 for each day that such violation continues.
Forfeiture of this penalty does not require prior notice of default or court proceedings. Nor does it require any form of damages.
Forfeiture of the fine referred to in the first paragraph of this article does not affect the other rights of Grease Sunscreen including its right to claim damages in addition to the fine.

Indemnification

The customer indemnifies Smeerkees Sunscreen against all third party claims related to the products and/or services provided by Smeerkees Sunscreen.

Complaints

The customer should examine a product supplied or service rendered by Greasekees Sunscreen for any deficiencies as soon as possible.
If a delivered product or provided service does not meet what the customer could reasonably expect from the agreement, then the customer must inform Smeerkees Sunscreen in writing or electronically as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
Consumers must notify Smeerkees Sunscreen in writing or electronically no later than 1 month after discovering the deficiencies.
In doing so, the customer provides as detailed a description of the shortcoming as possible, so that Smeerkees Sunscreen is able to respond adequately.
The customer must show that the complaint relates to an agreement between the parties.
If a complaint relates to work in progress, this cannot in any case result in Smeerkees Sunscreen being held to perform work other than that agreed upon.

Notice of default

The customer must make notices of default in writing to Smeerkees Sunscreen.
It is the responsibility of the customer that a notice of default actually reaches Smeerkees Sunscreen (in a timely manner).

Joint and several liability customer

If Smeerkees Sunscreen enters into an agreement with more than one customer, each is jointly and severally liable for the full amounts owed to Smeerkees Sunscreen under that agreement.

Liability Grease Sunscreen

Smeerkees Sunscreen is only liable for any damage suffered by the customer if and insofar as that damage was caused by intentional or deliberate recklessness.
Comfrey Sunscreen holds liability insurance.
If Smeerkees Sunscreen is liable for any damages, it is only liable for direct damages resulting from or related to the execution of an agreement.
Smeerkees Sunscreen is never liable for indirect damages, such as consequential damages, lost profits, missed savings or damages to third parties.
If Smeerkees Suncream 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 the (part of the) invoice amount to which the liability relates.
All illustrations, photographs, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot be grounds for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Customer and tenant liability

Customer shall be fully liable for all damages, costs and/or losses arising as a result of any acts or omissions of Customer or its employees, agents or representatives in the use, storage, transportation, installation or disassembly of the sunscreen or sunscreen poles, whether such damages, costs or losses are direct or indirect and whether such damages, costs or losses arise out of any contractual or legal obligation or otherwise.
In the event of damage or loss of the sunscreen poles during the rental period, the customer shall be fully liable for all costs of repairing or replacing the sunscreen poles. The customer shall immediately notify Greasy Sunscreen of any damage or loss of the sun poles and shall make all reasonable efforts to mitigate the damage.
The customer shall at all times maintain proper insurance covering the customer’s liability for all damages, costs and losses arising out of or in connection with the use, storage, transportation, installation or disassembly of the sunscreen or sunscreen poles. The customer shall provide Smeerkees Sunscreen with the policy of such insurance to Smeerkees Sunscreen upon request.

Damages

In case of loss, theft, damage, destruction or misappropriation of the rented products (such as sunscreen poles), the renter is obliged to reimburse Smeerkees Sunscreen for the daily value of the rented products. This is without prejudice to the further legal rights of Smeerkees Sunscreen, such as demanding fulfillment, damages and/or suspension.
In addition to what is provided above, the Lessee shall owe Smeerkees Sunscreen all costs incurred by Smeerkees Sunscreen to secure its rights. This includes, but is not limited to, damages, costs and interest arising out of the failure of the Lessee to perform or rescind this Agreement in a timely or proper manner.

Due date

Any right of the customer to compensation from Smeerkees Sunscreen expires in any case 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 Civil Code.

Right of rescission

The customer has the right to dissolve the agreement when Smeerkees Sunscreen imputably fails to fulfill its obligations, unless this failure, given its special nature or minor importance, does not justify the dissolution.
If fulfillment of the obligations by Smeerkees Sunscreen is not permanently or temporarily impossible, then dissolution can only take place after Smeerkees Sunscreen is in default.
Smeerkees Zonnebrandcrème has the right to dissolve the agreement with the customer if the customer does not fulfill his obligations under the agreement in full or in a timely manner, or if Smeerkees Zonnebrandcrème has knowledge of circumstances that give him good reason to fear that the customer will not be able to fulfill his obligations properly.
In the event of dissolution of the agreement by the customer, the customer is obligated to immediately return all products already delivered to Smeerkees Sunscreen in the condition they were in at the time of dissolution. The customer is responsible for all costs and risks associated with the return or collection of the products by Smeerkees Sunscreen, including but not limited to packaging, transportation and insurance costs.

Force majeure

In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Smeerkees Sunscreen in the fulfillment of any obligation towards the customer cannot be attributed to Smeerkees Sunscreen in a situation independent of the will of Smeerkees Sunscreen, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be required of Smeerkees Sunscreen.
The force majeure situation mentioned in paragraph 1 also includes – but is not limited to – the following: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, delivery companies or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather conditions and work interruptions.
If a force majeure situation arises as a result of which Smeerkees Sunscreen cannot fulfill 1 or more obligations to the customer, then those obligations will be suspended until Smeerkees Sunscreen can fulfill them again.
From the moment a force majeure situation has lasted for at least 30 calendar days, either party may rescind all or part of the contract in writing.
In a force majeure situation, Smeerkees Sunscreen does not owe any (compensation), even if it enjoys any advantage as a result of the force majeure situation.

Modification of the agreement

If after the conclusion of the agreement for its execution it appears necessary to modify or supplement its content, the parties shall promptly and by mutual agreement adjust the agreement accordingly.
The preceding paragraph does not apply to products purchased from a physical store.

Modification of general terms and conditions

Smeerkees Sunscreen is entitled to modify or supplement these general conditions.
Changes of minor importance may be made at any time.
Major substantive changes will be discussed by Greasekees Sunscreen with the customer in advance whenever possible.
Consumers are entitled to terminate the contract in the event of a material change in the general terms and conditions.

Transfer of Rights

Rights of the customer from an agreement between the parties cannot be transferred to third parties without the prior written consent of Smeerkees Sunscreen.
This provision counts as a clause with property law effect as referred to in Article 3:83, paragraph 2, Civil Code.

Consequences of nullity or voidability

Should one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the remaining provisions of these terms and conditions.
A provision that is void or voidable shall in that case be replaced by a provision that comes closest to what Grease Cream Sunscreen had in mind when drafting the terms and conditions on that point.

Applicable law and competent court

Any agreement between the parties shall be governed exclusively by the laws of the Netherlands.
The Dutch court in the district where Smeerkees Sunscreen is located / practices / has offices is exclusively competent to take cognizance of any disputes between the parties, unless the law imperatively prescribes otherwise.

Retrieved Oct. 15, 2024.