Terms and conditions

Terms and conditions Smeerkees Sunscreen B.V.

Definitions

Unless otherwise apparent from the context, the terms and expressions used hereinafter in these general terms and conditions have the following meaning:

Smeerkees Sunscreen: Smeerkees Sunscreen B.V., established in Amsterdam under Chamber of Commerce number 89975464.
Customer: the party with whom Smeerkees Sunscreen has entered into an agreement;
Tenant: the party with whom the lessee concludes the lease agreement;
Rent: the total amount of rental costs (including VAT), consisting of the rental price times the rental period;
Rental period: the agreed period during which the movable property will be available to the lessee;
Leased property: the movable property that is owned by the lessor and that is rented to the lessee by means of the lease agreement;
Parties: Smeerkees Sunscreen and customer together;
Consumer: a customer who is also an individual and who acts as a private person; 9. Reflection period: the period within which the consumer can exercise his right of withdrawal;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period
Day: calendar day;
Data: All documentation provided by Smeerkees Sunscreen, such as catalogues, 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. The use of this data 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 Smeerkees Sunscreen

Identity of Smeerkees Sunscreen

Smeerkees Sunscreen B.V.

Humberweg 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

Toepasselijkheid algemene voorwaarden

These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Smeerkees Sunscreen. Accepting a quotation, offer, order or entering into an agreement implies that the customer accepts these general terms and conditions without reservation.
The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties. The general terms and conditions of Smeerkees Sunscreen prevail in the event of conflicting provisions with any other general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced without delay by mutual agreement with a provision that approximates the purport of the original as closely as possible.
Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions. 6. Any ambiguity regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.

Allergies

Although Smeerkees Sunscreen and its suppliers take the greatest possible care when developing its products, an allergic reaction can unfortunately occur in exceptional cases when using them. Because every person is unique, an allergic reaction cannot be predicted well in advance. Therefore, always try a small amount of a product on an inconspicuous spot before using the product. A renewed or modified product must always be tested again before it is used. If you are aware of allergies to certain ingredients, check the list of ingredients on the product before using it. The ingredients can also be found on the Smeerkees Sunscreen website.
Because Smeerkees Sunscreen unfortunately cannot predict whether an allergic reaction will occur, it excludes all liability for any allergic reaction, regardless of the cause or severity. Smeerkees Sunscreen recommends seeking medical advice in case of doubt. In case of an allergic reaction, you can always contact Smeerkees Sunscreen for questions. In addition, we strongly recommend that you seek immediate medical advice if you experience serious or persistent allergic reactions.
Smeerkees 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 buyer agrees to release Smeerkees Sunscreen from any form of liability or responsibility for such reactions. The use of our products implies that the buyer is aware of the possible risks and accepts them.

Offers and quotes

Offers and quotations from Smeerkees Sunscreen are without obligation, unless expressly stated otherwise. Smeerkees Sunscreen 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 a different acceptance period is stated in the offer or quotation. After the expiry 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 period, the offer or quotation will lapse.
Offers and quotations do not apply to repeat orders, unless the parties have expressly agreed otherwise in writing. 5. Information provided by Smeerkees Sunscreen regarding offers and quotations remains the property of Smeerkees Sunscreen, may not be reproduced and/or provided to third parties without the express written permission of Smeerkees Sunscreen, and must be returned to Smeerkees Sunscreen immediately upon request. Smeerkees Sunscreen also reserves all rights that may exist under intellectual and industrial property. Improper use of this information may lead to legal action and/or claims for damages.
If an offer relates to a multi-year collaboration, Smeerkees Sunscreen reserves the right to adjust the prices in subsequent years. These price adjustments may be based on, but are not limited to, agreements between parties, inflation corrections, changes in the costs 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 will be explicitly stated in the offer.
The offer contains a clear and accurate description of the products and/or services. Images provide as accurate a representation as possible, but obvious errors or mistakes do not bind Smeerkees Sunscreen.
The offer contains sufficient information so that the consumer understands what the rights and obligations are upon acceptance.
All offers are subject to availability of the products or services and can be changed or withdrawn at any time without prior notice.

Acceptance and Agreement

An agreement is accepted if and to the extent that Smeerkees Sunscreen has made a confirmation or has concluded a contract with the Other Party. The agreement is deemed to have been concluded at the time that the order confirmation has been sent by Smeerkees Sunscreen, or the contract has been signed by both parties.
Upon acceptance of a non-binding offer or quotation, Smeerkees Sunscreen reserves the right to 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 concluded.
Verbal acceptance by the customer only binds Smeerkees Sunscreen after the customer has confirmed this in writing (or electronically). Smeerkees Sunscreen reserves the right not to accept a verbal agreement if it is not confirmed in writing or electronically within a reasonable period.
If the customer does not meet the conditions set by Smeerkees Sunscreen or if there is any doubt about the creditworthiness of the customer, Smeerkees Sunscreen reserves the right to terminate the agreement without any form of liability.

Right of withdrawal for the sale of products

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 7 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to Smeerkees Sunscreen.
During the cooling-off period, the consumer will handle the product and 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 exercises his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to Smeerkees Sunscreen, in accordance with the reasonable and clear instructions provided by Smeerkees Sunscreen.
In the event that exercising the right of withdrawal results in the product being returned damaged or destroyed, Smeerkees Sunscreen has the right to offset that damage against the amount paid. 4. The right of withdrawal is excluded when purchasing products by companies and non-consumers.
The right of withdrawal is excluded for sunscreens whose seal has been broken or which have been opened or damaged in any other way, whereby the hygiene and quality of the product are no longer guaranteed.

Right of withdrawal for the rental of products

When renting products, the consumer has the option to cancel the agreement without giving reasons for 7 days, provided that the products have not yet been installed or put into use. This cooling-off period commences on the day after the rental agreement is concluded or the day after the consumer has received the rented item.
During the cooling-off 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 supplied accessories in the original condition and packaging to Smeerkees Sunscreen, in accordance with the reasonable instructions provided.
If the installation or putting into use of the products has already taken place, withdrawal is no longer possible.
The right of withdrawal is excluded for the rental of products to companies and non-consumers.

Costs in case of revocation

If the consumer exercises his right of withdrawal, the costs of return will be at his expense.
If the consumer has paid an amount, Smeerkees Sunscreen will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Prices

All prices used by Smeerkees Sunscreen are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, wrapping, sunscreen, unless expressly stated otherwise or otherwise agreed.
All prices used by Smeerkees Sunscreen for its services and products, on its website or otherwise made known, can be changed by Smeerkees Sunscreen at any time.
Parties agree on a total amount as a guideline price for a service provided by Smeerkees Sunscreen, unless parties have expressly and in writing agreed on a fixed price from which no deviation is possible.
Smeerkees Sunscreen is entitled to deviate up to 10% from the guideline price.
If the guideline price is more than 10% higher, Smeerkees Sunscreen must inform the customer in good time why a higher price is justified. 6. If the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price plus 10%.
Smeerkees Sunscreen has the right to adjust the prices annually.
Smeerkees has the right to adjust the prices of contract customers annually, based on the indexation of the CBS.
Smeerkees Sunscreen will communicate price adjustments to the customer prior to their entry into force.
The consumer has the right to terminate the agreement with Smeerkees Sunscreen if he does not agree with the price increase.

Payments and payment terms

Sale of products

The agreement concluded between the consumer and Smeerkees Sunscreen contains an individual clause on the basis of which the consumer is obliged to pay the amount due when ordering the product to Smeerkees Sunscreen.
The consumer has the obligation to report any inaccuracies in the payment details provided or stated to Smeerkees Sunscreen without delay.
In the event of non-payment by the consumer, Smeerkees Sunscreen has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Smeerkees Sunscreen is entitled to charge extrajudicial costs in the event of invoices that have remained unpaid 30 days after the invoice date, in accordance with the fixed compensation scheme as referred to in the Extrajudicial Collection Costs Standards Act and the Extrajudicial Collection Costs Compensation Decree with a minimum of € 40.

Rental and services

Smeerkees Sunscreen may request a down payment of up to 50% of the agreed amount when entering into the agreement.
The customer must have paid in arrears within 14 days of delivery.
Payment terms are considered fatal payment terms. This means that if the customer has not paid the agreed amount by the last day of the payment term, he is legally in default and in breach, without Smeerkees Sunscreen having to send the customer a reminder or put him in default.
Smeerkees Sunscreen reserves the right to make a delivery dependent on immediate payment or to demand security for the total amount of the services or products.

Consequences of late payment

If the customer does not pay within the agreed term, Smeerkees Sunscreen is entitled to charge the statutory interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted as a whole month.
If the customer is in default, he is also liable to pay extrajudicial collection costs and any compensation to Smeerkees Sunscreen.
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs, whereby a minimum of € 40 applies. If the customer does not pay on time, Smeerkees Sunscreen may suspend its obligations until the customer has fulfilled his payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of Smeerkees Sunscreen on the customer are immediately due and payable.
If the customer refuses to cooperate with the execution of the agreement by Smeerkees Sunscreen, he is still obliged to pay the agreed price to Smeerkees Sunscreen.

Right of complaint

1. As soon as the customer is in default, Smeerkees Sunscreen is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
2. Smeerkees Sunscreen invokes the right of complaint by means of a written or electronic notice. The notice must contain a reasonable period within which the customer can meet his payment obligations, before the products are taken back.
3. 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 Sunscreen, unless the parties make other arrangements about this.
4. The costs for retrieving or returning the products are for the account of the customer. If the customer does not cooperate in taking back the products, Smeerkees Sunscreen is entitled to recover all reasonable costs related to this, including legal costs, from the customer.

Right of suspension

1. Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

Right of retention

Smeerkees Sunscreen may invoke its right of retention and in that case retain the customer’s products until the customer has paid all outstanding invoices to Smeerkees Sunscreen, unless the customer has provided sufficient security for those costs.
The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Smeerkees Sunscreen.
Smeerkees Sunscreen is never liable for any damage that the customer may suffer as a result of exercising its right of retention, unless Smeerkees Sunscreen 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 his right to offset a debt to Smeerkees Sunscreen against a claim on Smeerkees Sunscreen.

Retention of title

Sale

Smeerkees Sunscreen remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards Smeerkees Sunscreen under any agreement concluded with Smeerkees Sunscreen, including claims regarding failure to comply.
Until that time, Smeerkees Sunscreen may invoke its retention of title and take back the goods.
Before ownership has been transferred to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
If Smeerkees Sunscreen invokes its retention of title, the agreement will be deemed to have been terminated and Smeerkees Sunscreen will be 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 tenant shall not assert any rights to the rented property other than the right of use arising from the agreement. The lessor reserves the right of ownership of the rented property until the tenant has fully met his payment obligations under the agreement. If the tenant fails to pay the rent, the lessor shall have the right to take back the rented property, in which case the rental agreement shall be terminated without judicial intervention.
The tenant shall be obliged to inform Smeerkees Sunscreen immediately if third parties seize the rented property or wish to assert rights to the rented property.
If the rented property is lost, damaged or for any reason no longer usable during the rental agreement, the tenant’s payment obligation shall remain in full force.

Dilivery

Delivery will take place while stocks last.
Delivery of ordered products will take place at the address specified by the customer.
If the agreed amounts are not paid or not paid on time, Smeerkees Sunscreen has the right to suspend its obligations until the agreed part has been paid.
In the event of late payment, there is a case of creditor default, with the result that the customer cannot object to late delivery to Smeerkees Sunscreen.

Delivery time

The delivery times specified by Smeerkees Sunscreen are indicative and do not entitle the customer to cancellation or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
The delivery time commences after the quotation signed for approval by the customer has been confirmed to the customer by Smeerkees Sunscreen in writing or electronically.
The delivery time commences after the customer has made a purchase in the webshop of Smeerkees Sunscreen and payment has been received by Smeerkees Sunscreen. Smeerkees Sunscreen will confirm to the customer in writing or electronically that payment has been received and the delivery time will commence from that moment.
Exceeding the specified delivery time does not entitle the customer to compensation or the right to cancel the agreement, unless Smeerkees Sunscreen cannot deliver within 14 days after being reminded in writing to do so 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 on time.
If the customer is not present on time at the agreed delivery address or the delivery is otherwise delayed by circumstances attributable to the customer, Smeerkees Sunscreen is entitled to charge the resulting additional costs to the customer.

Shipping and delivery costs

Transport costs are for the account of the customer, unless otherwise agreed in writing or electronically between the parties
For purchases of products in the webshop, free shipping is offered for orders with a total amount of €100 or more. For orders under €100, shipping costs are charged according to the rates stated on the website.
Transport costs for sunscreen poles may consist of a mileage allowance and a fee for the time that the staff spends on the transport and delivery of the products. These fees will be specified in advance in the quotation or in another written or electronic manner.
Smeerkees Sunscreen will inform the customer in advance of the estimated transport costs, either via the quotation or in another written or electronic manner. These costs serve as a guideline and are not binding.
The final transport costs may vary, depending on the actual distance and the time that the staff spends on the transport and delivery of the products. In the event of deviations from the estimated costs, Smeerkees Sunscreen will inform the customer of this. 6. The customer is responsible for the payment of the transport costs, within the payment term agreed in writing or electronically, unless otherwise agreed between Smeerkees Sunscreen and the customer.

Insurance

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:

o items supplied that are necessary for the execution of the underlying agreement

o items of Smeerkees Sunscreen that are present at the customer’s premises

o items that have been supplied under retention of title

The customer shall provide the policy of these insurances for inspection at the first request of Smeerkees Sunscreen.
Smeerkees Sunscreen has a liability insurance.
If the customer chooses not to take out insurance against the above-mentioned risks (including fire, explosion, water damage and theft), this is entirely at the customer’s own risk. In the event that the sun 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 borne entirely by the customer/renter. 5. All costs and damages resulting from not taking out such insurance, including any replacement costs of the rented or delivered product, are for the account of the customer/renter.
In the event of damage or loss of the insured items, the customer is obliged to inform Smeerkees Sunscreen immediately and to take all steps necessary to prevent further damage.

Preservation

If the customer does not take delivery of ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
Any additional costs resulting from premature or late delivery of products are entirely for the customer’s account.

Assembly/Installation/Maintenance

Although Smeerkees Sunscreen makes every effort to carry out all assembly, and/or maintenance, and/or installation work as well as possible, it does not bear any responsibility for this except in the case of intent or gross negligence.

Warranty

When parties have entered into an agreement with a service nature, this only contains an obligation of effort for Smeerkees Sunscreen and therefore no obligation of result.
The guarantee with regard to products only applies to defects caused by faulty manufacturing, construction or material.
The guarantee does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or unskilled use by the customer, as well as when the cause of the defect cannot be clearly determined.
Smeerkees 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. 5. 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 that they are legally and/or factually delivered, or at least come into the power of the customer or of a third party who receives the product on behalf of the customer. In the case of rental of sun protection poles, the risk shall pass to the customer from the moment that the sun protection pole is delivered to the agreed location and made available for use by the customer. From that moment on, the customer is responsible for taking appropriate measures to protect the sun protection pole against loss, theft or damage.
If a defect is not covered by the warranty, any repair or replacement costs may be charged to the customer.
If the sun protection pole, in the opinion of the customer, no longer meets the desired aesthetic appearance for stickers, the responsibility and costs for re-stickering lie entirely with the customer.

Disclaimer of Warranty

This warranty does not apply under the following circumstances:

The defect is the result of 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 wholly or partly attributable to an act or omission of any person other than Sundo;
The product has been subject to misuse, neglect, an accident or improper conditions;
The product has been constructed, installed or used in a manner other than 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 cover:

The fading of the colour of the product (including if this is due to exposure to Ultra Violet radiation) or degradation in the chemical composition of the substance 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 an open flame (including fire from a barbecue) or any other man-made heat source, excessive tightening of the product.

Execution of the agreement

Smeerkees Sunscreen will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.
Smeerkees Sunscreen has the right to have the agreed services (partially) performed by third parties.
The agreement will be executed in mutual consultation and after written agreement and payment of any agreed advance payment by the customer.
It is the customer’s responsibility that Smeerkees Sunscreen can start executing the agreement in a timely manner.
If the customer has not ensured that Smeerkees Sunscreen can start executing the agreement in a timely manner, any additional costs and/or additional hours resulting from this will be charged to the customer.

Information provided by the customer

The customer shall make all information, data and documents relevant to the correct execution of the agreement available to Smeerkees Sunscreen in a timely manner and in the desired form and manner.
The customer guarantees the correctness, 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 that the customer requests this, Smeerkees Sunscreen shall return the relevant documents.
If the customer does not, does not timely or does not properly make available the information, data or documents reasonably requested by Smeerkees Sunscreen and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours shall be borne by the customer.

Information provided by Smeerkees Sunscreen

Smeerkees Sunscreen strives to provide the most reliable and honest information possible about its products in all its communication via the website, e-mail, social media channels and other means. However, no rights can be derived from photos, videos, explanations, illustrations and other graphic or textual design. Smeerkees Sunscreen may deviate from this and is not responsible or liable for this. The use of such materials is therefore entirely at the customer’s own risk.

Duration of the agreement concerning a service

The agreement between Smeerkees Sunscreen and the customer concerning a service or services is entered into for the duration as described in the rental agreement signed by both parties, unless the nature of the agreement dictates otherwise or the parties have expressly agreed otherwise in writing.

Intellectual property

Smeerkees Sunscreen retains all intellectual property rights (including copyright, patent rights, trademark rights, design and model rights, etc.) on all designs, drawings, writings, data carriers or other information, quotes, images, sketches, models, maquettes, etc., unless the parties have agreed otherwise in writing.
The customer may not copy, show to third parties and/or make available or use in any other way the aforementioned intellectual property rights without the prior written permission of Smeerkees Sunscreen.

Confidentiality

The customer shall keep all information (in whatever form) that he receives from Smeerkees Sunscreen confidential.
The same applies to all other information concerning Smeerkees Sunscreen of which the customer knows or can reasonably suspect that it is secret or confidential, or of which he can expect that its distribution could harm Smeerkees Sunscreen.
The customer shall take all necessary measures to ensure that he also keeps the information referred to in paragraphs 1 and 2 confidential.
The confidentiality obligation described in this article does not apply to information:

o that was already public before the customer learned this information or that later became public without this being the result of a breach of the customer’s confidentiality obligation

o that is made public by the customer on the basis of a legal obligation

The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiry.

Penalty clause

If the other party violates the article of these general terms and conditions on confidentiality or on intellectual property, he will forfeit an immediately due fine for each violation for the benefit of the trade name.

if the other party is a consumer, this fine will amount to € 1,000
if the other party is a legal entity, this fine will amount to € 5,000

In addition, the other party will forfeit an amount of 5% of the amount referred to in paragraph 1 for each day that the violation continues.
No prior notice of default or legal proceedings are required for the forfeiture of this fine. Nor does any form of damage have to be involved.
The forfeiture of the fine referred to in the first paragraph of this article does not affect the other rights of Smeerkees Sunscreen, including its right to claim damages in addition to the fine.

Indemnity

The customer indemnifies Smeerkees Sunscreen against all claims from third parties related to the products and/or services supplied by Smeerkees Sunscreen.

Complaints

The customer must examine a product delivered or service provided by Smeerkees Sunscreen as soon as possible for any shortcomings.
If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Smeerkees Sunscreen of this as soon as possible, but in any case within 1 month after discovering the shortcomings, in writing or electronically.
Consumers must inform Smeerkees Sunscreen of this in writing or electronically within 1 month after discovering the shortcomings.
The customer must provide a description of the shortcoming that is as detailed as possible, so that Smeerkees Sunscreen is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties. 6. If a complaint relates to ongoing work, this may in any case not lead to Smeerkees Sunscreen being obliged to perform work other than that agreed upon.

Notice of default

The customer must notify Smeerkees Sunscreen of any defaults in writing.

It is the customer’s responsibility to ensure that a notice of default actually reaches Smeerkees Sunscreen (in time).

Customer’s joint and several liability

If Smeerkees Sunscreen enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts that they owe to Smeerkees Sunscreen under that agreement.

Liability Smeerkees Sunscreen

Smeerkees Sunscreen is only liable for any damage suffered by the customer if and to the extent that such damage is caused by intent or deliberate recklessness.
Smeerkees Sunscreen has liability insurance.
If Smeerkees Sunscreen is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
Smeerkees Sunscreen is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
If Smeerkees Sunscreen is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance and in the absence of (full) payment of the amount of damage by an insurance company, the liability is limited to the (part of the) invoice amount to which the liability relates. 6. All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and are only approximate and cannot give rise to compensation and/or (partial) termination of the agreement and/or suspension of any obligation.

Liability of customer and tenant

The customer is fully liable for all damage, costs and/or losses arising from any act or omission of the customer or its employees, agents or representatives in the use, storage, transportation, installation or dismantling of the sunscreen or the sunscreen poles, regardless of whether such damage, costs or losses are direct or indirect and regardless of whether such damage, costs or losses arise from a contractual or statutory obligation or otherwise.
In the event of damage or loss of the sunscreen poles during the rental period, the customer is fully liable for all costs of repair or replacement of the sunscreen poles. The customer shall immediately inform Smeerkees Sunscreen of any damage or loss of the sunscreen poles and shall make all reasonable efforts to limit the damage.
The customer shall at all times ensure that adequate insurance covers the customer’s liability for all damage, costs and losses arising from or in connection with the use, storage, transportation, installation or dismantling of the sunscreen or the sunscreen poles. At the request of Smeerkees Sunscreen, the customer will submit the policy of this insurance to Smeerkees Sunscreen.

Compensation

In the event of loss, theft, damage, destruction or embezzlement of the rented products (such as sunscreen poles), the tenant is obliged to reimburse Smeerkees Sunscreen for the current value of the rented products. This is without prejudice to the further legal rights of Smeerkees Sunscreen, such as demanding compliance, compensation and/or suspension.
In addition to what is determined above, the tenant owes Smeerkees Sunscreen all costs that Smeerkees Sunscreen incurs to safeguard its rights. This includes, among other things, damage, costs and interest resulting from the tenant’s failure to comply, untimely or improperly comply or termination of this agreement..

Expiration date

Any right of the customer to compensation from Smeerkees Sunscreen shall in any case expire 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of article 6:89 of the Civil Code.

Richt of withdrawal

The customer has the right to terminate the agreement if Smeerkees Sunscreen is culpably in breach of its obligations, unless this breach, given its special nature or minor significance, does not justify termination.
If the fulfilment of the obligations by Smeerkees Sunscreen is not permanently or temporarily impossible, termination can only take place after Smeerkees Sunscreen is in default.
Smeerkees Sunscreen has the right to terminate the agreement with the customer if the customer does not fulfil its obligations under the agreement in full or in a timely manner, or if Smeerkees Sunscreen has become aware of circumstances that give it good reason to fear that the customer will not be able to fulfil its obligations properly.
In the event of termination of the agreement by the customer, the customer is obliged to immediately return all products already delivered to Smeerkees Sunscreen in the condition in which they are at the time of termination. The customer is responsible for all costs and risks associated with the return shipment or collection of the products by Smeerkees Sunscreen, including but not limited to the costs of packaging, transport and insurance.

Force majeur

In addition to the provisions of article 6:75 of the Dutch Civil Code, a failure by Smeerkees Sunscreen to fulfil any obligation towards the customer cannot be attributed to Smeerkees Sunscreen in a situation beyond the control of Smeerkees Sunscreen, which prevents the fulfilment of its obligations towards the customer in whole or in part or which makes it unreasonable to expect Smeerkees Sunscreen to fulfil its obligations.
The force majeure situation referred to in paragraph 1 also includes – but is not limited to: emergency (such as civil war, uprising, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 3. If a force majeure situation occurs as a result of which Smeerkees Sunscreen cannot fulfil 1 or more obligations to the customer, then those obligations will be suspended until Smeerkees Sunscreen can fulfil them again.
From the moment that a force majeure situation has lasted for at least 30 calendar days, both parties may terminate the agreement in writing in whole or in part.
Smeerkees Sunscreen is not liable for any (damage) compensation in a force majeure situation, not even if it enjoys any benefit as a result of the force majeure situation.

Amendment of the agreement

If, after the conclusion of the agreement, it appears necessary to change or supplement its content for its execution, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
The previous paragraph does not apply to products purchased in a physical store.

Changes to general terms and conditions

Smeerkees Sunscreen is entitled to change or supplement these general terms and conditions.
Changes of minor importance can be implemented at any time.
Smeerkees Sunscreen will discuss major substantive changes with the customer in advance as much as possible.
Consumers are entitled to terminate the agreement in the event of a material change to the general terms and conditions.

Transfer of rights

The customer’s rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of Smeerkees Sunscreen.
This provision applies as a clause with property law effect as referred to in article 3:83, paragraph 2, of the Dutch Civil Code.

Consequences of nullity or voidability

If one or more provisions of these general terms and conditions prove to be null and void or voidable, this will not affect the other provisions of these terms and conditions.
A provision that is null and void or voidable will in that case be replaced by a provision that comes closest to what Smeerkees Sunscreen had in mind when drawing up the terms and conditions on that point.

Applicable law and competent court

Dutch law applies exclusively to any agreement between the parties.
The Dutch court in the district where Smeerkees Sunscreen is established / practices / has an office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

Created on October 15, 2024 .

Ik weet niet precies in welke hoofdstuk dit zou moeten. Maar er moet denk ik iets in over dat het ‘normaal’ is dat een klant een zonnebrandpaalpaal met slijtage en gebruikssporen kan ontvangen. “Onze verhuurde producten zoals zonnebrandpalen worden met zorg onderhouden en afgeleverd. De klant accepteert echter dat gebruikssporen, normale slijtage, of kleine beschadigingen die de functionaliteit van het verhuurde product niet beïnvloeden, geen reden zijn voor vervanging of het eisen van een nieuw product. Eventuele kosten voor vervanging of herstel van schades die de gebruikelijke slijtage overstijgen, zijn voor rekening van de klant.”

Is niet nodig denk ik om op te nemen

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