Term and Conditions
Terms and Conditions
Deliveryshop.com – Sales of hardware and software. Below are the Terms and Conditions. These always apply when you use the services of Bezorgshop.com.
Last modified on: June 12, 2024
- Definitions
- Terms and Conditions: These General Terms and Conditions.
- com: trade name of CashDesk bv, located at Wijkermeerstraat 27b, 2131HB Hoofddorp The Netherlands and registered with the Chamber of Commerce under number 69913439, also available at: www.bezorgshop.com.
- Service(s): service(s) as described in the Agreement.
- Products: all products as described in the Agreement.
- Intellectual Property Rights: rights (of intellectual property) including but not limited to copyright (including of course the copyright that rests on software), database rights, domain names, trade name rights, trademark rights, design rights, neighboring rights, patent rights, as well as rights to know-how.
- Quotation: a written offer from Bezorgshop.com.
- Principal: the natural or legal person, whether or not acting in the course of a profession or business, who has entered into an Agreement with Bezorgshop.com.
- Completion: takes place after Client’s approval, after commissioning by Client or by notification of Client, after which a response thereto by Client has not been received within 7 days after notification.
- Agreement: The agreement between the Parties under which Bezorgshop.com delivers its Products and Services to the Client, and of which the General Terms and Conditions form an inseparable part.
- Party(ies): Deliveryshop.com and Client together or separately.
- Confidential Information: non-public information that is related to a Party and information that a Party indicates is confidential or that, by its nature or under the circumstances under which the disclosure is made, should be treated as confidential.
- Employee: The person employed by one of the Parties, or who performs work for the relevant Party on an assignment basis.
- Business Customer: the Client acting in the course of a profession or business.
- Applicability and interpretation
- The General Conditions apply to and form part of every (legal) act related to the preparation, realization or execution of the Agreement. The General Terms and Conditions also apply to all subsequent Agreements between the Client and Bezorgshop.com, if the Client has accepted their validity in previous Agreements with Bezorgshop.com.
- The applicability of any purchase or other terms and conditions of the Client is expressly excluded.
- Provisions or conditions set by the Client that differ from, or do not appear in, the General Terms and Conditions shall only apply to the Agreement to the extent the Parties agree in writing.
- In case specific product, promotional or service terms apply in addition to these General Terms and Conditions, those terms also apply.
- Establishment of the Agreement
- All Quotes and other offers from Bezorgshop.com are without obligation and valid for the duration of 1 day.
- The Agreement is concluded the moment the Client accepts Bezorgshop.com’s Quotation and fulfills the conditions thereby set by Bezorgshop.com.
- An offer is in any case assumed to be accepted if the Agreement is executed without contradiction. The offer may be accepted either orally or in writing.
- Execution of the Agreement
- com will commence performance after the Agreement is established, on the date or at the time agreed upon in the Agreement. If no date of fulfillment has been agreed upon, Bezorgshop.com shall immediately begin performance of the Agreement.
- If delivery cannot be made within the agreed period, Bezorgshop.com will inform Client. Business customer is expected to agree to a new delivery date.
- Client acknowledges that it has no instructional authority with respect to the Products or Services to be provided by Bezorgshop.com for the purpose of executing the Agreement.
- Client is obliged to do and refrain from doing all that is reasonably necessary and desirable to enable timely and proper execution of the assignment. In particular, the Client shall ensure that all data, which Bezorgshop.com indicates are necessary or which the Client should reasonably understand are necessary for the execution of the order, are provided to Bezorgshop.com in a timely manner.
- If and insofar as proper performance of the Agreement requires, Bezorgshop.com is entitled to engage third parties in the performance of the Agreement. The General Conditions also apply to work performed by third parties under the Agreement. These third parties have no power of representation.
- com is not required to have work performed by Client designated third parties. Client is liable for goods for the purpose of performance of the Agreement that are prescribed by or on behalf of Client, or are or would be supplied by a supplier designated by Client, as well as for the non-delivery or untimely delivery thereof.
- Duration and end of the Agreement
- The duration of the Agreement shall be defined in the Agreement. If no duration is included then the Agreement is entered into for the duration of 12 months.
- Business Customer cannot terminate the Agreement in the interim.
- In the event of termination, Client will have to pay the full amount, less any savings for Bezorgshop.com resulting from the termination. Deliveryshop.com will then deliver the work already completed. If the price depends on the actual costs to be incurred by Bezorgshop.com, the price owed by the Client will be calculated on the basis of the costs incurred, the labor performed and the profit that Bezorgshop.com would have made over the entire work. The amounts remain due after termination of the Agreement and are payable immediately from the day of termination.
- com may suspend or terminate the Agreement at any time if:
- Client declared bankruptcy;
- Client has been granted suspension of payments;
- Business Customer’s business is dissolved or liquidated.
- Obligations which by their nature are intended to continue even after the end of the Agreement shall remain in full force and effect even after the end of the Agreement and shall apply to Principal and its legal successors.
- Price and payment
- Client shall pay Bezorgshop.com the amount as stated in the Agreement. All prices quoted by Bezorgshop.com are in euros. In some cases, a deposit is required. The amount to be paid is included in the Agreement.
- All prices quoted by Bezorgshop.com are exclusive of sales tax (VAT) and other government levies, unless otherwise stated.
- Each invoice is subject to a 7-day payment period.
- If a price is based on information provided by the Client and this information turns out to be incorrect, Bezorgshop.com is entitled to adjust the price accordingly, even after the Agreement has been concluded.
- If the Client does not meet his payment obligation(s) on time, he will be notified of the late payment by Bezorgshop.com. After notification of non-timely payment, Bezorgshop.com will grant Client a period of 14 days to still meet his payment obligations.
- In the event of late payment, in addition to the amount owed and the statutory interest accrued thereon, Client shall be liable for full compensation of both extrajudicial and judicial collection costs, including the costs of attorneys, lawyers, bailiffs and collection agencies.
- com can inform itself within legal frameworks whether Client can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If, based on this investigation, Bezorgshop.com has good grounds not to enter into the Agreement, it is entitled to refuse an order or request or to attach special conditions, such as prepayment, to the execution, giving reasons.
- Client Obligations
- The Client shall ensure that all (technical) information, decisions and data that it considers necessary in the performance of the Agreement are provided to Bezorgshop.com in a timely manner. Client is responsible for its accuracy and completeness. This includes, but is not limited to, compliance with permit applications and other legal requirements.
- If necessary for the performance of the Agreement, the Client shall promptly ensure the free disposal of and free access to the site, building and/or location where the work is to be performed. Client will ensure that Bezorgshop.com has access to suitable storage space, any necessary (utility) facilities, such as electricity, (drinking) water, gas, compressed air, telecom or sewage connection, free of charge.
- Client shall ensure clean, safe and healthy working conditions and is obliged to timely warn Bezorgshop.com and its Employees of dangerous situations.
- Client is responsible for the circumstances that prevent or hinder the performance of the work.
- Additional work
- Any changes in the performance of the Agreement, either at the request of the Client or as a result of any circumstances necessitating a different performance, shall be considered additional work when additional costs are involved. Additional work is subject to these General Terms and Conditions.
- If additional work has been performed at the request or with the consent of Client then the additional work will be reimbursed by Client. Deliveryshop.com may refuse to comply with such a request or enter into negotiations.
- Client accepts that additional work may cause delays in the Delivery of Products and Services, even if a time of Delivery has been agreed upon. Client shall not be entitled to compensation for such delay.
- If (the demand for) additional work arises during the performance of the Agreement, this will not create grounds for cancellation or dissolution of the Agreement for the Client.
- Cost-increasing circumstances not attributable to Bezorgshop.com will be charged as additional work. Deliveryshop.com will inform Client of this as soon as possible.
- Delivery and delivery time
- Delivery periods stated by Bezorgshop.com are indicative and do not count as deadlines, unless the Parties have agreed in writing.
- com reserves the right, if possible, to have the necessary goods and equipment delivered to Client. Ready equipment and goods may be stored at the expense and risk of the Client.
- com remains the owner of all Products until Client has fulfilled all its payment obligations to Bezorgshop.com, including any amounts owed due to a default.
- Warranty
- com guarantees that delivered Services and (resulting) Products or results comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement.
- Client may claim this warranty if the defect is noticed within 3 months after Delivery and the complaint is reported immediately after discovery of the defect and the complaint is deemed founded by Deliveryshop.com. Deliveryshop.com will provide a suitable solution in the form of repair or reimbursement of the maximum amount paid by Client for the relevant part of the Agreement.
- A warranty provided by Bezorgshop.com, manufacturer or importer does not affect the legal rights and claims the Client has under the Agreement.
- The warranty lapses if it appears that Client did not follow the advice of Bezorgshop.com or did not follow the instructions for use.
- Intellectual Property Rights
- Intellectual property rights, including all images, drawings, (technical) descriptions and advice provided by Bezorgshop.com to the Customer, are vested in Bezorgshop.com.
- Client shall not perform any acts that may infringe on the Intellectual Property Rights of Bezorgshop.com and/or its licensors, including but not limited to making public and/or reproducing, in whole or in part, anything referred to in the previous paragraph without permission. Client acknowledges and agrees that any unauthorized use or conduct violates the Agreement and applicable law.
- Secrecy
- The Parties shall keep confidential any information that they provide to each other before, during or after the performance of the Agreement when such information is reasonably considered confidential, or is explicitly designated as confidential by either Party. The Parties also impose this obligation on their Employees as well as on third parties engaged by them for the performance of the Agreement.
- The obligation of confidentiality shall survive termination of the Agreement for any reason for as long as the providing party can reasonably claim the confidentiality of the information.
- Liability
- The limitations of liability under this Agreement apply except if and insofar as the damage is the result of intent or deliberate recklessness on the part of Bezorgshop.com.
- com will endeavor to perform the Agreement as carefully and safely as possible. Deliveryshop.com cannot influence the eventual use of what is delivered. Client is therefore responsible for the use of the result of the Agreement.
- Completion of the Agreement releases Bezorgshop.com from all liability for defects that the Client had already discovered, or reasonably should have discovered, at the time of Completion.
- Bezorgshop.com’s total liability for direct damage suffered by the Customer as a result of an attributable failure to comply with this Agreement, or as a result of unlawful acts by Bezorgshop.com, its Employees or third parties engaged by it, is limited per event or a series of related events to an amount equal to the price stipulated in the Agreement (including VAT), with a maximum of € 1,000.00.
- Direct damage only includes: the reasonable costs incurred to determine the cause and extent of the damage, any reasonable costs incurred to make the deficient performance of Bezorgshop.com conform to the Agreement, and reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to a limitation of direct damage.
- Liability of Bezorgshop.com to the Customer for indirect damage or consequential damage or damage due to loss of turnover or profit, damage due to delay, damage due to loss of data, damage due to exceeding deadlines as a result of changed circumstances, damage resulting from the provision of faulty cooperation, information or materials by the Customer and damage due to information or advice given by Bezorgshop.com, the content of which is not expressly part of the Agreement, is excluded.
- A condition for any right to compensation is always that the Client reports the damage to Bezorgshop.com in writing within a reasonable period, but in any case within two (2) months of its occurrence.
- Bezorgshop.com’s liability in respect of attributable failure to fulfill the Agreement only arises if the Customer immediately and properly puts Bezorgshop.com in default in writing, setting a reasonable period in which to remedy the failure, and Bezorgshop.com continues to fail imputably in the fulfillment of its obligations even after that period. The notice of default must contain as detailed a description as possible of the shortcoming so that Bezorgshop.com is able to respond adequately.
- Client shall indemnify Bezorgshop.com for all claims by third parties (including clients of Client), regarding compensation for damages, costs or interest, related to this Agreement and/or the Service.
- com cannot be held to any obligation under the Agreement if Bezorgshop.com is prevented from fulfilling it due to force majeure. Deliveryshop.com is not liable for any damages resulting from force majeure.
- Force majeure shall include, but not be limited to, failures of public infrastructure, defectiveness of items, equipment or software or other source material whose use has been prescribed by the Client, unavailability of Employees, governmental measures, general transportation problems, strikes, wars, terrorist attacks and domestic disturbances.
- If a force majeure situation lasts longer than 90 days, the Parties have the right to terminate the Agreement in writing. That which has already been performed under the Agreement shall in that case be settled proportionately, without the parties remaining indebted to each other for the remainder.
- Change of Terms and Conditions
- com reserves the right to amend or supplement these Terms and Conditions. Amendments shall also apply with respect to already concluded Agreements subject to a period of 30 days after the announcement of the amendment.
- Changes will be announced via www.bezorgshop.com, by e-mail to Client, or any other channel that Bezorgshop.com can prove the announcement was sent to Client. Non-substantive changes of minor importance may be made at any time and do not require notice.
- Final Provisions
- The Agreement is governed by Dutch law.
- Unless otherwise prescribed by rules of mandatory law, all disputes arising from the Agreement will be submitted to the competent Dutch court in the district where Bezorgshop.com is located.
- In these General Terms and Conditions, “in writing” also means communication by e-mail, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
- If any provision in the Agreement or General Conditions is found to be void, this shall not affect the validity of the entire Agreement or General Conditions. The parties will in that case determine (a) new provision(s) to replace it, which will give shape to the intention of the original provision as much as is legally possible.
- com is entitled to transfer its rights and obligations under the Agreement to a third party that takes over Bezorgshop.com or Bezorgshop.com’s business activities.
Name: Deliveryshop.com
Address: Wijkermeerstraat 27b, 2131HB Hoofddorp Netherlands
Email address: info@bezorgshop.com