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General terms and conditions of delivery for business customers, English
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Revelz Zakelijk

Heart for the business

GENERAL DELIVERY CONDITIONS FOR BUSINESS CUSTOMERS                                          

From October 19, 2020

Article 1. Identity

We are 'Back to Funky Town ”' (but you can also just say 'Revelz'). You will find us via Revelz.com, Revelz.nl or Revelz.de. Would you prefer to visit us personally? You will find us at the address below.

Business address:                Visiting address:                Telephone: +31 (0) 10-3405000

Vondelstraat 33                        Weg en Land 40n                E-mail: info@revelz.com

2661 BE Bergschenhoek        2661 KR Bergschenhoek        COC number: 57767416

The  Netherlands                The Netherlands                VAT number: NL 001633588 B71

Article 2. Definitions

1. Revelz: We are. You can also call us 'Back to Funky Town'. We prefer to stick to Revelz. Nice and short.

2. Customer: Any natural or legal person who, for whatever reason, enters into a contract with Revelz through his profession or business.

3. Products: All goods sold by, or by means of written agreements on behalf of, Revelz.

4. Services: All services offered by, or by means of written agreements on behalf of Revelz.

5. The website (s): The websites and / or trade names that are jointly or separately managed by Revelz and that are registered by us at the Chamber of Commerce.

6. Day: Ordinary, a calendar day.

Article 3. Applicability

1. These General Business Terms and Conditions (“General Terms and Conditions”) apply exclusively to and form part of any Revelz offering and any agreement between you and us.

2. In addition to these General Terms and Conditions, additional conditions may apply to certain products and services. We will of course indicate that properly. Are there any differences between the general and additional conditions? Then you can start from the additions. Unless we indicate otherwise, of course.

3. The customer can only deviate from one or more provisions if we both agree. We immediately put that in black and white. Very handy.

4. The general terms and conditions and / or purchase conditions of the customer do not apply. Unless we confirm in writing that this is the case.

5. Revelz may at any time change or supplement the General Terms and Conditions for future orders. Of course we will let you know within a reasonable period of time, we think that's so neat. The changed conditions are binding from the date we indicate.

6. Would you like to read the General Terms and Conditions again? We understand that. That is why you can always request them for free. Send an email to customerservice@revelz.com or visit our website.

7. By placing an order you agree to the Terms and Conditions. This also means that you agree to all rights and obligations as stated here and / or on our website, possibly in addition. An order can be made as follows: By

  1. telephone.
  2. Via WhatsApp.
  3. Via regular or digital mail.
  4. Via a sales agent or agency with which Revelz has a written and valid agreement with regard to the products applicable to the order.
  5. Via our website (s).

8. These General Terms and Conditions only apply to business customers. So not for customers who do not act on the basis of their company or function. We have other conditions for this.

Article 4. Quotations and offers

1. All our quotations and offers are without obligation. Unless we have set a term for acceptance in the quotation. A quotation or offer expires automatically when we no longer offer the ordered product or service. Do you not sign the quotation within 14 days? It will then also expire. A quotation is one-off. You cannot therefore assume the same agreements for future agreements.

2. If there are errors in the quotation as a result of a mistake or clerical error, you cannot pin us down. Sorry for the mistake!

3. All prices in a quotation or offer are exclusive of VAT. Other government levies and the costs that come on top of the quotation are also excluded. By this we also mean travel, shipping and handling costs: they are not included. Unless we indicate otherwise, of course.

4. Do you not agree with all parts in the quotation? Then we have no agreement. Unless we indicate that it is.

5. We do not like half work, so we do not fulfill part of the agreement at part of the agreed price. Offers or quotations do not automatically apply to future orders.

6. We put everything in black and white, so our agreements are only concluded in writing.

7. The photos on the website largely correspond to our services and products. Does an image or feature differ from the actual product? Then we are not liable.

8. Before we go into business with each other, we want to make sure that we can keep both of

our agreements. That is why we only process an order

after full payment. Is this not possible? Then a recent Chamber of Commerce extract and the accompanying information proving your creditworthiness is also sufficient. Based on this information, we can refuse the order or request.

9. Unfortunately, you cannot return products or product quantities that have been specially purchased for an order.

10. Do we deliver on account? Then we assume that you keep us informed about material changes at the Chamber of Commerce or your group structure and financial position.

11. We do not always say why we refuse an assignment or order. That is why we also find a reason.

Article 5. Delivery, delivery times, implementation and changes

1. The customer is king. That is why we naturally do the receiving, delivery and execution of orders carefully. And we are always serious about your assessment of requests for services. Promised.

2. We will process your request within 1 day after we have received an order confirmation.

3. We ship the order to the address you provided when you placed the order. This can be done via the website, on the quotation or on the order order.

4. We deliver orders that are in stock as soon as possible. Is the delivery delayed, or can we deliver the order partially or even not at all? Then of course we will let you know as soon as possible and you can cancel the order at no extra cost.

5. We do everything we can to always deliver within the stated delivery date. Sometimes this does not work unfortunately. The terms that we have set in the agreement are therefore without obligation. Can we not comply with this? Then this does not give you the right to terminate the agreement. If we think we are not meeting the delivery date, we will of course let you know as soon as possible and we will look for a solution together.

6. Would you like your order to be delivered in a different way than our delivery options and couriers? No problem. In that case, the shipping costs are for your own account.

7. Does your order have to be shipped abroad? Then we are happy to discuss this with you. We always do shipments abroad by ex works.

8. We are happy to unload an order, but this is at your expense and risk.

9. Sometimes we cannot deliver your entire order at once. Fortunately, in such a case we have the right to deliver services or products in different parts.

10. We bring your order where you want, do you make sure there is enough space for the delivery? In addition, it is important that we can reach the place properly. In some cases the products have to be stored. This is done at your risk.

11. Is there a deviation in the delivery, quantities or specifications? Together we will find a solution. In that case you still have to pay the invoice.

12. As a customer, do you refuse products or services, or do you fail to meet your delivery agreement? We think that's a shame. In that case, Revelz has the right to terminate the agreement with immediate effect. Or to have direct access to the products. We can recover the damage and / or costs incurred by this situation from the customer. Think of transport costs and storage costs.

                                                

Article 6. Contract, suspension, dissolution and (early) termination of the agreement

duration1. From Revelz we can always postpone delivery or dissolve the agreement at a time when we wish. In that case, we will not pay any compensation. Of course we will not do this just like that, but it can occur if:

a. You do not, not fully or not on time fulfill the obligations under the agreement.

b. After the agreement is concluded, we believe that you cannot meet your obligations.

c. You have been asked to demonstrate that you can meet your obligations under the agreement, but we receive little or no evidence of this.

d. Due to a delay on your part, we can no longer fulfill the agreements made.

2. Revelz may also terminate the agreement with immediate effect if it is impossible for Revelz to deliver.

3. Will the agreement be terminated? Then we can immediately claim our claims. We reserve our claims as set out in the Law and in our agreement.

4. Do we have an agreement for an indefinite period? Then we can cancel the agreement with a notice period of 30 days. But of course you can too. Unless we have agreed otherwise in advance. If we have a fixed-term contract, only Revelz can cancel, with a 14-day notice period.

5. If we cancel the agreement prematurely, we will of course discuss the tasks still to be performed. Is the cancellation attributable to you? Then the costs are for your account.

6. We hope not, but you may find yourself in dire straits.

This includes liquidation, (application for) suspension of payments or bankruptcy, seizure, debt restructuring or any other circumstance as a result of which you no longer have free access to your assets. In such a case, we may terminate our agreement with you immediately or cancel an order or agreement. We are not obliged to pay you or to pay any damages or compensation. In such a case, our claims against you are immediately due and payable.

7. Do you (partially) cancel a placed order? Then we will invoice you for the ordered or prepared products. This also includes any removal and delivery costs and the reserved working time. Unless a situation has arisen as described in article 5.4.

Article 7. Payment and collection costs

1. We expect your payment within the period that we have indicated. Our payment term is 8 days unless another term has been agreed in writing. We expect your payment in the currency we have invoiced. Are those euros? Then unfortunately it will not work with dollars. Revelz can invoice per delivery or order and change the payment term. This may also mean that we set a payment in advance.

2. Are you not paying the invoice on time? Then we see this as default and you owe us 8% interest per year. Unless the statutory commercial interest is higher, in which case you must pay it. We calculate the interest on the amount due from the moment you are in default until you have paid the amount. The amount of the outstanding invoices is also increased by a fixed fee of 15% of the outstanding amounts with a minimum of € 50 per unpaid invoice. In addition, Revelz can also claim the actual damage suffered and costs incurred.

3. Do we owe you an amount? Then we may offset this against any amount that we still owe you. Unfortunately, this is not possible the other way around.

4. Do you object to the amount of an invoice? Then you still have to pay, as long as we have not decided yet.

5. Are you not fulfilling your obligations to us or not on time? Then all costs we incur to get the amount will be for your account. Also any legal costs, if we need a lawyer for this, for example.

6. Order on account? Which can. But only with our approval. We determine the payment term. We can change this whenever we want, this also includes setting up payment in advance.

7. We may investigate your creditworthiness at any time. Of course we always adhere to the law. Based on the outcome of such an investigation, we can impose additional conditions on you. Consider, for example, bank guarantees.

8. Revelz may change credits and subsequent payments on account. We do not have to give a reason for this.                                                

9. If you are allowed to order on account from Revelz,with each order

use the identifiers assigned to you such as account name, password or other codes.

10. Revelz is never liable for loss, theft, abuse or misuse of these identification means. You report this to Revelz immediately.

11. You know that Revelz cannot guarantee the security of the Internet, as much as we would like to. You also know that data that you send to us could be intercepted by means of identification and falsified by others.

Article 8. Retention of title

1. The products that we deliver to you remain ours until you have fulfilled all the agreements we have made. Think of the payment, interest or other costs.

2. Is a product that we have delivered under retention of title? Then you may not resell this product or use it as a means of payment. You may also not give it as collateral or have another right to a product established.

3. We assume that you as a customer are doing everything in your power to safeguard Revelz's property rights. This means that you keep the products that are subject to retention of title in such a way that they are still recognizable from Revelz. In this case, you may not remove, damage or obscure identifying marks on the product or packaging.

4. If, for whatever reason, your assets or products that we have delivered under retention of title are seized, you as a customer must inform us of this. Are you unable to meet your payment obligations? Then you are obliged to return the products that are still ours to us at your own expense.

5. Do you manage products that are from Revelz? Then you are obliged to insure this against fire, theft, explosion and water damage. We also want to see the policy just to be sure. We are entitled to our tokens when the insurance is paid out. And if necessary, we naturally expect you to cooperate.

6. If we want to use the proprietary rights explained in this article, we expect to get permission from you. This includes telling us where the products are and giving us access to that place.

Article 9. Guarantees, investigation and complaint period

1. All products that we deliver to you work as or do what you can reasonably expect. As long as you use them for what they are intended, of course. The warranty that we explain in this article applies to products used in the Netherlands. Do you use the products outside the Netherlands? Then we can set different warranty and other conditions.

2. The warranty referred to in this article is the manufacturer's warranty provided by the manufacturer of the product. Unless we have agreed otherwise together.

3. Are you using the product incorrectly? Then the warranty will lapse. This also applies if you use the product beyond its expiration date, store it incorrectly, wash it or do not properly maintain it. Even if there are circumstances beyond our control, we unfortunately cannot offer you a guarantee. Consider, for example, extreme weather conditions.

4. We expect you as a customer to examine the products that we bring or have delivered to you, to see if everything we have agreed is correct.

5. Are there visible defects in the products you receive from us? Then you must report this to us within 3 working days. Please do this in writing and in as much detail as possible. Invisible defects must be reported in writing within 5 working days. Are you not doing this? Unfortunately, this is no longer possible at a later time.

6. Do you report a defect in your product (s) on time? Then you still have to pay. Of course we are going to do everything we can to solve the problem. Are you not making a timely notification? Then we assume that you accept the products.

7. Is your report too late? Unfortunately. Then you are no longer entitled to repair, replacement or compensation.

8. Do we agree that your product is not working as you would expect and have you reported this in a timely manner? Then we will replace the returned product as soon as possible after we have received the return shipment. If we cannot replace or repair the product, we will reimburse you.

9. Does your complaint appear to be unfounded? Then the costs we have incurred for research are for your account.

10. When the warranty period has expired, all costs for repair or replacement are for the customer. This also applies to administration, shipping and call-out costs.

11. Have we made or purchased a product or material especially for you? Then we will never take this back.

12. If you have caused damage to a returned product yourself, we will not take it back. You will have to pay the costs associated with this. A return shipment must be in the same condition as we delivered the product. All products with a seal or blister packaging may only be returned unopened. These products will of course be taken back if the shortcoming of the product only becomes visible after opening the packaging.

Article 10. Liability

1. Are we failing to fulfill the agreements we have made together? Then our liability is limited as we have indicated in this article.

2. Have you shared incorrect or incomplete information with us? Then we are not liable if this causes damage.

3. Our liability is in all cases never higher than the invoice value of the part of the order for which we are liable.

4. And our liability is never higher than the amount paid out by the insurer in that specific case.

                                                

5. We are only liable for direct damage.

6. What that is, direct damage? You can think of the reasonable costs to determine the cause and extent of the damage. Or the costs that you incur to have our defective performance meet the agreement or the costs that you incur to prevent or limit damage. This only applies if you demonstrate that these costs have led to a limitation of direct damage.

7. We are never liable for indirect damage. Indirect damage includes loss of profit, loss of goodwill, reputation, trade or contracts, lost savings and damage due to business interruption.

8. Are you yourself insured against the damage you have incurred? Then we are not liable.

9. Did we cause the damage on purpose or were we deliberately careless? Then we are liable for damage.

Article 11. Transfer of risk

1. From the moment we have delivered the products or services, Revelz no longer runs any risk. The risk is yours from that point on.

2. Can the delivery of the products not take place and is that your fault? Then you bear the risk. This applies from the original delivery date as we have communicated it to you.

3. Have we delivered the products or services to the address you provided? Then we no longer run any risk.

Article 12. Force majeure

1. In the event of force majeure, we do not have to fulfill our obligations towards you. We are allowed to do this as long as there is force majeure.

2. What exactly do we mean by force majeure? Each of our will be independent circumstances and / or unforeseeable circumstances whereby the fulfillment of our towards the customer is wholly or partially prevented. That is legal for:

a. Strikes

b. illness among staff

c. fire, flood

d. water damage

e. wars and uprisings

f. export and / or import restrictions g. business

disruptions h. energy disturbances

i. malfunctions in a (telecommunications) network or connection or communication systems used and / or the website being unavailable at any time.

j. non-delivery or late delivery by suppliers or other engaged third parties.

k. The lack of government permits.

Article 13. Intellectual property

1. All intellectual property rights lie with us, our suppliers and other entitled parties.

2. What is that then, intellectual property? You can think of patent, copyright, trademark, drawing and design rights, methods and concepts.

3. As a customer you are not allowed to use our intellectual property. So don't make any changes. Unless it concerns private use of the product.

Article 14. Confidentiality

1. You may hear or see confidential information when entering into an agreement. If you reasonably suspect that this information is confidential, you should not disclose it. We assume that you will not do this in any way and that you will keep this quiet for up to 2 years after the agreement.                                

2. There are a few exceptions to the duty of confidentiality:

a. If you already owned or developed the information before you received it from us. Unless you knew the information was confidential.

b. If the information is already generally available or known at the time you receive the information.

c. If you have obtained the information from another party, without violating the legal regulations for confidentiality.

d. If the information must be disclosed according to a legal requirement. Even if you receive a request from a competent court or government agency, legal or self-regulatory body, you may share the information.

3. None of the parties issues press releases. This also means that you do not publicly tell about our collaboration without our consent. Unless you have to do so from a legally competent authority.

Article 15. Applicable law and competent court

1. It may be obvious, but to be on the safe side, we will put it in black and white: Dutch law is exclusively applicable to all offers and agreements.

2. The Vienna Sales Convention is expressly excluded. So we don't do that.

3. We hope it does not happen, but should a disagreement arise between you and Revelz on the basis of an offer or agreement, this dispute will be submitted to a judge. Not just any judge, but the competent judge of the place where Revelz's registered office is located. That's legal for our address. Is there a mandatory statutory provision whereby a different judge is appointed? Then it will be submitted to that designated judge.

Article 16. Divisibility

1. If a provision in these General Terms and Conditions is illegal, void or unenforceable for any other reason, then this term will be separated from the General Terms and Conditions. This does not affect the validity and enforceability of the other provisions. These remain in full force. The parties will do everything possible to replace any invalid provision with provisions that are in force.

Article 17. Transfer

1. Would you like to transfer your rights and obligations under our agreement and these General Terms and Conditions to others? Then you need our written permission for this.

2. We can transfer all rights and obligations under our agreement and these General Terms and Conditions to others. Of course we will let you know.

Article 18. Waiver

1. We never waive our rights. Not even if we do not exercise or delay our exercise of our rights.