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 Zonnebrandcreme: Smeerkees Zonnebrandcreme B.V., established in Amsterdam under KvK no. 89975464.
Customer: the person with whom Smeerkees Zonnebrandcreme 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 Zonnebrandcreme, 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 Zonnebrandcreme 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 Zonnebrandcreme. 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 Zonnebrandcreme 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 Zonnebrandcreme 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 Zonnebrandcreme website.
Because Smeerkees Zonnebrandcreme unfortunately cannot predict whether an allergic reaction will occur, it excludes
any liability for any allergic reaction, regardless of its cause or severity. Smeerkees Zonnebrandcreme recommends
seeking prior medical advice when in doubt. In the event of an allergic reaction, Smeerkees Zonnebrandcreme 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 Zonnebrandcreme are without obligation, unless expressly stated otherwise therein.
Smeerkees Zonnebrandcreme 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 Zonnebrandcreme 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 Zonnebrandcreme, and must be returned to Smeerkees Zonnebrandcreme immediately upon request. Smeerkees Zonnebrandcreme
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 Zonnebrandcreme.
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 Zonnebrandcreme 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 Zonnebrandcreme, or the contract has been signed by both parties.
Upon acceptance of an offer or quotation without engagement, Smeerkees Zonnebrandcreme 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 Zonnebrandcreme after the customer has confirmed it in
writing (or electronically). Smeerkees Zonnebrandcreme 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 Zonnebrandcreme or if there is doubt about the
creditworthiness of the customer, Smeerkees Zonnebrandcreme 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 Zonnebrandcreme.
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 Zonnebrandcreme, in accordance with the reasonable and clear
instructions provided by Smeerkees Zonnebrandcreme.
In the event that use of the right of withdrawal results in the product being returned damaged or destroyed,
Smeerkees Zonnebrandcreme 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 Zonnebrandcreme, 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 Zonnebrandcreme 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 Zonnebrandcreme 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 Zonnebrandcreme 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 Zonnebrandcreme 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 Zonnebrandcreme if they do not agree with the price
increase.

Payments and payment period

Sale of products

The agreement concluded between the consumer and Smeerkees Zonnebrandcreme contains an individual clause under which
the consumer is obliged to pay the amount due to Smeerkees Zonnebrandcreme when ordering the product.
The consumer has the duty to immediately report inaccuracies in payment information provided or listed to
Smeerkees Zonnebrandcreme.
In the event of non-payment by the consumer, Smeerkees Zonnebrandcreme 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 Zonnebrandcreme 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 Zonnebrandcreme 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 Zonnebrandcreme 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 Zonnebrandcreme 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 Zonnebrandcreme on the customer are immediately due and payable.
If the customer refuses to cooperate in the execution of the agreement by Smeerkees Zonnebrandcreme, he is still
obliged to pay the agreed price to Smeerkees Zonnebrandcreme.

Right of advertising

As soon as the customer is in default, Smeerkees Zonnebrandcreme is entitled to invoke the right of complaint with
regard to the unpaid products delivered to the customer.
Smeerkees Zonnebrandcreme 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 Zonnebrandcreme, 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 Zonnebrandcreme 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 Zonnebrandcreme 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 Zonnebrandcreme, 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 Zonnebrandcreme is never liable for any damages that the customer may suffer as a result of exercising his
lien, unless Smeerkees Zonnebrandcreme 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 Zonnebrandcreme
against a claim against Smeerkees Zonnebrandcreme.

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 Zonnebrandcreme 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 Zonnebrandcreme 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 Zonnebrandcreme 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 Zonnebrandcreme 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 Zonnebrandcreme has been
confirmed by Smeerkees Zonnebrandcreme to the customer in writing or electronically.
The delivery time starts after the customer has made a purchase in the webshop of Smeerkees Zonnebrandcreme and the
payment has been received by Smeerkees Zonnebrandcreme. Smeerkees Zonnebrandcreme 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 Zonnebrandcreme 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 Zonnebrandcreme 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 Zonnebrandcreme 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 Zonnebrandcreme’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 Zonnebrandcreme 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 Zonnebrandcreme
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 Zonnebrandcreme performs the agreement to the best of its knowledge and ability and in accordance with the
requirements of good workmanship.
Smeerkees Zonnebrandcreme 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 Zonnebrandcreme 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 Zonnebrandcreme 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 Zonnebrandcreme 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 Zonnebrandcreme

Smeerkees Zonnebrandcreme 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 Zonnebrandcreme 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 Zonnebrandcreme 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 Zonnebrandcreme.

Secrecy

The customer shall keep confidential any information (in any form) received from Smeerkees Zonnebrandcreme.
The same applies to all other information concerning Smeerkees Zonnebrandcreme 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 Zonnebrandcreme.
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 Zonnebrandcreme against all third party claims related to the products and/or
services provided by Smeerkees Zonnebrandcreme.

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 Zonnebrandcreme 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 Zonnebrandcreme 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 Zonnebrandcreme being held to
perform work other than that agreed upon.

Notice of default

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

Joint and several liability customer

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

Liability Grease Sunscreen

Smeerkees Zonnebrandcreme 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 Zonnebrandcreme is liable for any damages, it is only liable for direct damages resulting from or related
to the execution of an agreement.
Smeerkees Zonnebrandcreme 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 Zonnebrandcreme with the policy
of such insurance to Smeerkees Zonnebrandcreme 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 Zonnebrandcreme for the daily value of the rented products. This
is without prejudice to the further legal rights of Smeerkees Zonnebrandcreme, such as demanding fulfillment, damages
and/or suspension.
In addition to what is provided above, the Lessee shall owe Smeerkees Zonnebrandcreme 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 Zonnebrandcreme 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 Zonnebrandcreme 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 Zonnebrandcreme is not permanently or temporarily impossible, then
dissolution can only take place after Smeerkees Zonnebrandcreme 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 Zonnebrandcreme 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 Zonnebrandcreme, 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 Zonnebrandcreme in the
fulfillment of any obligation towards the customer cannot be attributed to Smeerkees Zonnebrandcreme in a situation
independent of the will of Smeerkees Zonnebrandcreme, 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 Zonnebrandcreme.
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 Zonnebrandcreme cannot fulfill 1 or more
obligations to the customer, then those obligations will be suspended until Smeerkees Zonnebrandcreme 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 Zonnebrandcreme 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 Zonnebrandcreme 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 Zonnebrandcreme.
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 Zonnebrandcreme 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.