Terms of Service Klapstoel Academy

General Terms and Conditions Klapstoel Academy 

 

Definitions

 

  1. Klapstoel Academy: Klapstoel Academy, established in Groningen, Chamber of Commerce no. 82296642

  2. Customer: the person/company with whom/which Klapstoel Academy has entered into an agreement 

  3. Parties: Klapstoel Academy and customer together.

  4. Consumer: a customer who is an individual acting for private purposes 

 

Applicability

 

  1. These terms and conditions will apply to all quotations, offers, activities, orders agreements and deliveries of service or products by or on behalf of Klapstoel Academy.

  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing 

  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer of third parties.

 

Prices

 

  1. All prices used by Klapstoel are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping-, or transport expenses, unless expressly stated otherwise or agreed otherwise.

  2. Klapstoel Academy is entitled to adjust all prices for its products and services, shown in its shop, on its website or otherwise, at any time. 

  3. The price with regard to services is determined by Klapstoel Academy on the basis of the actual working hours. 

  4. The price is calculated according to the usual hourly rates of Klapstoel Academy, valid for the period in which he carries out the work, unless a different hourly rate has been agreed upon.

  5. If the parties have agreed on a total amount for a service provided by Klapstoel Academy, this is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from. 

  6. Klapstoel Academy is entitled to deviate up to 10% of the target price. 

  7. If the target price exceeds 10%, Klapstoel Academy must let the consumer know in due time why a higher price is justified. 

  8. If the target price exceeds 10%, the consumer has the right to cancel the part of the order that exceeds the target price by 10%.

  9. Klapstoel Academy has the right to adjust prices quarterly. 

  10. Klapstoel Academy will communicate price adjustments to the consumers prior the moment the price increase becomes effective. 

  11. The consumer has the right to terminate the contract with Klapstoel Academy if they do not agree with the price increase. 

 

Payments and payment term 

  1. Klapstoel Academy may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed upon amount. 

  2. The customer must have paid the full amount within 7 days after delivery of the product.

  3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed upon amount at the latest on the last day of the payment terms, he is legally in default, without Klapstoel Academy having to send the customer a reminder or to put him in default. 

  4. Klapstoel Academy reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products. 

 

Consequences of late payment

 

  1. If the customer does not pay within the agreed term, Klapstoel Academy is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month. 

  2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Klapstoel Academy. 

  3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs. 

  4. If the customer does not pay on time, Klapstoel Academy may suspend its obligations until the customer has met his payment obligation. 

  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Klapstoel Academy on the customer are immediately due and payable. 

  6. If the customer refuses to cooperate with the performance of the agreement by Klapstoel academy, he is still obliged to pay the agreed price to Klapstoel Academy. 

 

Suspension of obligations by the customer

 

The customer waives any rights to suspend the fulfillment of any obligation arising from this agreement. 

 

Settlement 

 

The customer waives the right to settle any debt to Klapstoel Academy with any claim on Klapstoel Academy. 

 

Delivery

 

  1. Delivery takes place while stocks last. 

  2. Delivery takes place at Klapstoel Academy unless the parties have agreed otherwise. 

  3. Delivery f products ordered online takes place at the address indicated by the customer. 

  4. If the agreed price is not paid on time, Klapstoel Academy has the right to suspend its obligations until the price is fully paid.

 

Performance of Agreement

 

  1. Klapstoel Academy executes the agreement to the best of its knowledge and ability and in accordance with the requirements a good workmanship. 

  2. Klapstoel Academy has the right to have the agreed services (partially) performed by third parties. 

  3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer. 

  4. It is the responsibility of the customer that Klapstoel Academy can start the implementation of the agreement on time.

  5. If the customer has not ensured that Klapstoel Academy can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer. 

 

Duty to inform the customer

 

  1. The customer shall make available to Klapstoel Academy all information, data and documents relevant to the correct execution of the agreement in time and in the desired format and manner. 

  2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuring from the nature of the agreement. 

  3. If and insofar as the customer requests this, Klapstoel Academy will return the relevant documents. 

  4. If the customer does not timely and properly provide the information, date or documents reasonably required by Klapstoel Academy and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the consumer.

 

Duration of the Agreement

 

  1. The agreement between Klapstoel Academy and the customer is entered into for the duration of the agreed upon period. 

 

Indemnity 

 

The customer indemnifies Klapstoel Academy against all third-party claims that are related to the products and/or services supplied by Klapstoel Academy. 

 

Complaints

 

  1. The customer must examine a product or service provided by Klapstoel Academy as soon as possible for possible shortcomings. 

  2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Klapstoel academy of this as soon as possible, but in any case, within 1 month after the discovery of the shortcomings. 

  3. The customer must demonstrate that the complaint relates to an agreement between the parties. 

  4. If a complaint relates to ongoing work, this can in any case not lead to Klapstoel Academy being forced to perform other work than has been agreed. 

 

Giving notice

 

  1. The customer must provide any notice of default to Klapstoel Academy in writing. 

  2. It is the responsibility of the customer that a notice of default actually reaches Klapstoel Academy in writing.

 

Joint and several Client liabilities 

 

If Klapstoel Academy enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Klapstoel Academy under that agreement. 

 

Liability of Klapstoel Academy

 

  1. Klapstoel Academy is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.

  2. If Klapstoel Academy is liable for any damage, it is only liable for direct damages that result from or is related to the execution of an agreement. 

  3. Klapstoel Academy is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties. 

  4. If Klapstoel Academy is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of full payment by an insurance company of the damages the amount of the liability is limited to the (part of the ) invoice to which the liability relates. 

  5. All images, photos, colors, drawings, descriptions on the website are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation. 

 

Expiry period

 

Every right of the customer to compensation from Klapstoel Academy shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

 

Dissolution

 

  1. The customer has the right to dissolve the agreement if Klapstoel Academy imputably fails in the fulfillment of its obligations, unless this shortcoming does not justify termination due to its special nature or because it if of minor significance. 

  2. If the fulfillment of the obligations by Klapstoel Academy is not permanent or temporarily impossible, dissolution can only take place after Klapstoel academy is in default. 

  3. Klapstoel Academy has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Klapstoel Academy good grounds to fear that the customer will not be able to fulfill his obligations properly.

 

Force majeure

 

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Klapstoel Academy in the fulfillment of any obligation to the customer cannot be attributed to Klapstoel Academy in any situation independent of the will of Klapstoel Academy, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Klapstoel Academy. 

  2. The force majeure situation referred to in paragraph 1 is also applicable- but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet problems, bad weather conditions and work stoppages. 

  3. If any situation of force majeure arises as a result of which Klapstoel Academy cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Klapstoel Academy can comply with it. 

  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties dissolve the agreement in writing in whole or in part. 

  5. Klapstoel Academy does not owe any compensation in a situation of force majeure to the customer, even if it has obtained any advantages as a result of the force majeure situation. 

 

Modification of agreement

 

If after the conclusion of agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly. 

 

Change in general terms and conditions 

 

  1. Klapstoel Academy is entitled to amend or supplement these general terms and conditions. 

  2. Changes of minor importance can be made at any time.

  3. Major changes in content will be discussed by Klapstoel Academy with the customer in advance as much as possible.

  4. Consumers are entitled to cancel the agreement in the event of substantial change to the general terms and conditions. 

 

Transfer of rights 

  1. The customer cannot transfer its rights deferring from an agreement with Klapstoel Academy to third parties without prior written consent of Klapstoel Academy. 

  2. This provision applies as a clause with property law effect as referred to in section 3:83 (2) Dutch Civil Code. 

 

Consequences of nullity and annullability 

 

  1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions. 

  2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Klapstoel Academy had in mind when drafting the conditions on that issue. 

 

Applicable law and competent court 

 

  1. Dutch law is exclusively applicable to all agreements between the parties. 

  2. The Dutch court in the district where Klapstoel academy is established is exclusively competent in case of any disputed between parties, unless the law prescribes otherwise. 

 

Drawn up on 1stof April 2021