- Docentelector is a trading name of DRAC Green Energy Solutions BV established in Loosdrecht under Chamber of Commerce number 87487500.
- Client: the person with whom Teacherlector has entered into an agreement.
- Parties: Lecturer and client together.
- Consumer: a customer who is also an individual and who acts as a private person.
Applicability of the general terms and conditions
- These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by
- Lecturer or on his behalf.
- The parties may only deviate from these terms and conditions if they have expressly agreed to do so in writing.
- The parties expressly exclude the applicability of additional and/or divergent general terms and conditions of the client or third parties.
- All prices used by Lecturer elector are expressed in euros, include VAT and do not include any other costs, such as administration costs, taxes and travel, shipping or transport costs, unless otherwise explicitly stated or otherwise agreed. .
- All prices that Lecturer uses for its services, on the website or otherwise disclosed, by Voting Lecturer may change at any time.
- The parties agree on a total amount as a guide price for a service provided by Lecturer, unless the parties have expressly agreed in writing on a fixed price, from which it may not deviate.
- If the indicative price is higher by more than 10%, the teacher must inform the client well in advance why a higher price is justified.
- If the target price is higher by more than 10%, the customer has the right to cancel the part of the order that exceeds the target price plus 10%.
- The Elector Professor has the right to adjust the prices annually.
Prior to its effective date, the Electing Speaker will notify the client of the price adjustments.
- The consumer has the right to terminate the contract with Lecturer if he does not agree to the price increase.
Payments and payment term
- Teacher-lector may require an initial payment of up to 50% of the amount agreed upon at the time of signing the agreement.
- The customer must have made late payments within 7 days of delivery.
- Payment terms are considered strict payment terms. This means that if the client has not paid the agreed amount by the last day of the payment term, he is legally in arrears and in arrears, without the Professor having to send the client a demand or notice of arrears.
- Docentelector reserves the right to condition a delivery to immediate payment or to demand a guarantee for the total amount of the services or products.
Consequences of not paying on time
- If the client does not pay within the agreed term, Docentelector has the right to charge the legal interest of 2% per month for non-commercial operations from the day the client is in default, for which a part of a month is charged for a month. complete. .counted
- If the client is in default, he also owes extrajudicial collection costs and any compensation to the Docentelector.
- Collection costs are calculated on the basis of the Decree on compensation of extrajudicial collection costs.
- If the client does not pay on time, Docentelector may suspend its obligations until the client has fulfilled its payment obligation.
- In the event of liquidation, bankruptcy, seizure or suspension of payments by the client, Docentelector's claims against the client are immediately due and payable.
- If the client refuses to cooperate with the implementation of the agreement by Lecturer, he is still obliged to pay the agreed price to Docentelector.
- A consumer can cancel an online purchase during a 14-day cooling-off period without giving any reason, provided that: the service does not refer to accommodation, travel, restaurant, transport, catering or form of leisure activity, it does not refer to a (request for) emergency repairs regarding betting and/or lotteries, the consumer has not waived his right of withdrawal is not a service that is carried out entirely with the consent of the customer within the reflection period of 14 calendar days and where the client has expressly stated that he waives the right of withdrawal
- The 14-day cooling-off period mentioned in paragraph 1 starts: as soon as the consumer has concluded the contract for the provision of the service as soon as the consumer has confirmed that he will purchase digital content via the internet
- The consumer can formulate his appeal to the right of withdrawal through firstname.lastname@example.org, if he wishes, using the withdrawal form that can be downloaded through this link.
Right of suspension
Unless Customer is a consumer, Customer waives the right to suspend performance of any obligation under this Agreement.
Unless the client is a consumer, the client gives up his right to set off a debt with Docentelector against a claim against Docentelector.
- The customer undertakes to sufficiently insure and keep insured the following items against, among other things, fire, explosion and water damage as well as theft: items delivered that are necessary for the performance of the underlying contract items of
- Docentelector that are present in the Retention of domain of the client premises has been delivered
At the first request of
- Teacher reader, the client makes available the policy of these insurance policies for inspection.
When the parties have entered into a contract for the provision of services, it only contains an obligation of best effort for the Lecturer and therefore no obligation of result.
Execution of the agreement
- The Lecturer will carry out the agreement to the best of his or her ability and in accordance with the requirements of good workmanship.
- The Lecturer has the right to have third parties perform (partially) the agreed services.
The execution of the agreement is carried out in mutual consultation and after a written agreement and the payment of any advance agreed by the client.
- It is the responsibility of the client that Docentelector can start the execution of the agreement on time.
- If the client has not ensured that Docentelector can start the execution of the contract on time, the resulting additional costs and/or overtime will be borne by the client.
Provision of information by the client.
- The client makes available to Docentelector all the information, data and documents relevant to the correct execution of the contract at the appropriate time and in the desired form and manner.
- The client guarantees the accuracy, integrity and reliability of the information, data and documents made available to him, even if they come from third parties, to the extent that the nature of the contract does not require otherwise.
- If and to the extent that the client requests it, the voting professor will return the corresponding documents.
- If the client does not make available the information, data or documents reasonably required by Lecturer in a timely manner, and the execution of the contract is delayed as a result, the additional costs and resulting overtime will be borne by the client.
The client will indemnify Lecturer against all third party claims related to the products and/or services provided by Docentelector.
- The customer must examine a product or service provided by
- Lecturer as soon as possible to detect any deficiencies.
- If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Lecturer of this as soon as possible, but in any case within 1 month after the discovery of the deficiencies.
- Consumers must inform the Lecturer Elector of this within 2 months of discovering the deficiencies.
- The client provides as detailed a description of the deficiency as possible so that the teacher can respond appropriately.
- The client must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint refers to work in progress, this cannot, in any case, result in the teacher being obliged to carry out work other than the agreed one.
Notice of Default
- The client must notify the Professor in writing of any notification of non-compliance.
- It is the customer's responsibility that the breach notification actually reaches the Lecturer Elector (on time).
Solidarity liability client
If Docentelector enters into an agreement with several clients, each one of them is jointly and severally liable for all the amounts owed to Docentelector under said agreement.
Elector Lecturer Responsibility
- Lecturer elector is only liable for any damage suffered by the client if and to the extent that such damage is caused by intent or deliberate recklessness.
- If Lecturer is liable for any damages, Lecturer is only liable for direct damages arising out of or related to the performance of an agreement.
- Lecturer elector is never responsible for indirect damages, such as consequential damages, lost profits, loss of savings or damages to third parties.
- If the teacher is liable, this 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 amount of damage, the liability is limited to the ( part of the) invoice amount to which the liability relates.
- All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and only approximate and cannot lead to compensation and/or (partial) dissolution of the contract and/or suspension of any obligation.
Any right of the client to compensation from the Elector Lecturer 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 Dutch Civil Code.
Right to dissolution
- The client has the right to terminate the contract if the Professor breaches his obligations attributably, unless this fault does not justify termination due to its special nature or minor importance.
- If the performance of the obligations by the Lecturer is not permanently or temporarily impossible, dissolution can only take place after the Lecturer is in default.
- The Constituent Professor has the right to terminate the Agreement with the Client if the Client fails to perform in full or on time its obligations under the Agreement, or if the Constituent Professor has become aware of circumstances which give him reasonable grounds to fear that the client will not fulfill its obligations will be able to fulfill duly.
- In addition to the provisions of article 6:75 of the Dutch Civil Code, the breach by Lecturer Elector of any obligation towards the customer cannot be attributed to
- Lecturer Elector in a situation independent of Lecturer Elector's will, as a result of which the fulfillment of its obligations to the client is totally or partially prevented or as a result of which Lecturer cannot reasonably be expected to fulfill its obligations.
- The force majeure situation referred to in paragraph 1 also includes, but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-compliance and force majeure of suppliers, couriers or other third parties; unexpected power, electricity, Internet, computer, and telecommunications outages; computer viruses, strikes, government action, unforeseen transportation problems, bad weather conditions, and work stoppages.
- If a situation of force majeure arises as a result of which the Professor cannot fulfill 1 or more obligations with the client, said obligations will be suspended until the Professor can fulfill them again.
As soon as a force majeure situation has lasted for at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- In a force majeure situation, the Professor-Elector does not owe any compensation (damages), not even if he benefits from any advantage as a result of the force majeure situation.
Modification of the agreement
- If after the conclusion of the agreement for its implementation it seems necessary to change or supplement its content, the parties will adjust the agreement in due time and in mutual consultation.
- The previous paragraph does not apply to products purchased in a physical store.
Change of terms and conditions
- The elector professor has the right to modify or supplement these general terms and conditions.
Minor changes can be made at any time.
- The elected speaker will discuss the main substantive changes with the client as far in advance as possible.
- Consumers have the right to terminate the contract in the event of a substantial modification of the general conditions.
Cession of rights
- The client's rights under an agreement between the parties may not be transferred to third parties without the prior written consent of Lecturer Elector.
- This provision applies as a stipulation with effect of property law as mentioned in Section 3:83 (2) of the Dutch Civil Code.
Consequences of nullity or nullity
- If one or more provisions of these general terms and conditions are found to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
- In such case, the invalid or voidable provision will be replaced by the provision that most closely approximates what the Lecturer Elector had in mind when drafting the conditions on that point.
Applicable law and competent court
- La ley hollandesa se aplica exclusivamente a todos los acuerdos entre las partes.
- The Dutch court in the district where the Lecturer elector is located / has his practice / has his office has exclusive jurisdiction to hear any dispute between the parties, unless otherwise prescribed by law.
Prepared on August 16, 2022.