General Terms and Conditions T1Marketing
- T1Marketing: established in The Hague under the Chamber of Commerce no. 76208494.
- Klant: the person with whom T1Marketing has entered into a contract.
- Partijen: T1Marketing and customer together.
- Consument: a customer who is also an individual acting as a private person.
Applicability of general conditions
These conditions apply to all offers, quotations, work, orders, agreements and deliveries of services or products by or on behalf of T1Marketing.
- The parties may only deviate from these conditions if they have expressly agreed so in writing.
The parties expressly exclude the applicability of additional and/or different general conditions of the customer or third parties.
Offers and quotations
Offers and quotations made by T1Marketing are without obligation unless otherwise expressly stated.
An offer or quotation is valid for a maximum of 1 month, unless another acceptance period is stated in the offer or quotation.
If the customer does not accept an offer or quotation within the applicable period, the offer or quotation expires.
Offers and quotations do not apply to repeat orders, unless the parties have expressly agreed to this in writing.
Upon acceptance of a quotation or offer without obligation, T1Marketing reserves the right to withdraw the quotation or offer within 3 days of receipt of the acceptance, without the customer being able to derive any rights from this.
Verbal acceptance by the customer is only binding on T1Marketing after the customer has confirmed this in writing (or electronically).
All prices quoted by T1Marketing are in Euros, excluding VAT and excluding any other costs such as administration fees, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
All prices charged by T1Marketing for its services, on its website or otherwise made known, may be changed by T1Marketing at any time.
The price for a service is determined by T1Marketing based on the actual hours spent.
The price is calculated according to the usual hourly rates of T1Marketing, valid for the period in which he performs the work, unless a different hourly rate has been agreed.
If parties have agreed a total amount for services rendered by T1Marketing, this is always a guide price, unless parties have expressly agreed in writing a fixed price from which no deviation can be made.
T1Marketing is entitled to deviate up to 10% from the guide price.
If the guide price is going to be more than 10% higher, T1Marketing shall inform the customer in a timely manner why a higher price is justified.
If the guide price exceeds the 10% increase by more than 10%, the customer is entitled to cancel the part of the order which exceeds the guide price increased by 10%.
T1Marketing is entitled to adjust its prices annually.
T1Marketing will communicate price adjustments to the customer prior to their effect.
The consumer has the right to terminate the contract with T1Marketing if he does not agree with the price increase.
Payments and payment terms
T1Marketing may require a down payment of up to 50% of the agreed amount when entering into the contract.
The customer shall pay within 14 days after delivery.
Payment deadlines are considered to be final deadlines. This means that if the customer has not paid the agreed amount on the last day of the payment period, he is legally in default and in breach of contract, without the need for T1Marketing to send a reminder or issue a default notice.
T1Marketing reserves the right to make delivery conditional upon immediate payment or to require a security for the total amount of the services or products.
Consequences of late payment
If the customer does not pay within the agreed period, T1Marketing is entitled to charge the legal interest of 2% per month for non-trade transactions and the legal interest of 8% per month for trade transactions from the day the customer is in default, whereby a part of a month shall be counted as a whole month.
When the customer is in default, he shall also owe T1Marketing extrajudicial collection costs and any damages.
The collection costs are calculated according to the Decree on compensation for extrajudicial collection costs.
If the customer does not pay in time, T1Marketing is entitled to suspend its obligations until the customer has fulfilled his payment obligation.
In case of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of T1Marketing on the customer are immediately due and payable.
If the customer refuses to cooperate with T1Marketing in the execution of the agreement, he is still obliged to pay the agreed price to T1Marketing.
Right of withdrawal
- A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
- the service is not accommodation, travel, restaurant, transport, catering or a leisure activity
- It does not concern an (order for) emergency repair.
- it does not concern betting and/or lotteries
- The consumer has not waived his right of withdrawal
- It does not concern a service which, with the consent of the customer, will be completely executed within the 14 calendar day cooling-off period and where the customer has explicitly stated to waive the right of withdrawal.
2. The cooling off period of 14 days as mentioned in paragraph 1, begins
- as soon as the consumer has concluded the contract for the delivery of the service
- once the consumer has confirmed that he will purchase digital content via the Internet
3. The consumer can make his appeal to the right of withdrawal known via firstname.lastname@example.org, if desired by using the withdrawal form which can be downloaded from the website of T1Marketing, https://t1marketing.nl/.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation resulting from this agreement.
Unless the customer is a consumer, the customer waives its right to set off a debt owed to T1Marketing against a claim against T1Marketing.
The customer is obliged to adequately insure and keep insured the following goods against, among others, fire, explosion and water damage as well as theft:
delivered goods which are necessary for the execution of the underlying contract
goods belonging to T1Marketing which are present at the customer’s premises
goods delivered under retention of title
The customer shall, at T1Marketing’s first request, produce the policy of these insurances for inspection.
When parties have entered into an agreement with a service character, it contains for T1Marketing only an obligation of effort and therefore no obligation of result.
Execution of the agreement
- T1Marketing shall execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.
- T1Marketing is entitled to have the agreed services (partly) carried out by third parties.
- The execution of the agreement shall take place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
It is the responsibility of the customer that T1Marketing can commence the implementation of the agreement in a timely manner.
If the customer has not ensured that T1Marketing can begin the implementation of the contract in a timely manner, the resulting additional costs and/or additional hours shall be borne by the customer.
Provision of information by the customer
The customer shall make all information, data and documents relevant for the proper execution of the agreement available to T1Marketing in a timely manner and in the desired form and manner.
The customer guarantees the correctness, completeness and reliability of the supplied information, data and documents, even if they originate from third parties, insofar as the nature of the agreement does not require otherwise.
If and insofar as the customer requests, T1Marketing will return the relevant documents.
If the customer does not, not timely or not properly provide the information, data or documents T1Marketing reasonably requires and the execution of the agreement is delayed as a result, the resulting additional costs and additional hours shall be borne by the customer.
Duration of the service agreement
- The agreement between T1Marketing and the customer concerning a service or services is entered into for an indefinite period, unless the nature of the agreement dictates otherwise or if the parties have expressly agreed otherwise in writing.
- If an agreement has been entered into for a definite period, then after the expiry of the term it shall tacitly be converted into an agreement for an indefinite period, unless one of the parties terminates the agreement with due observance of a notice period of 2 months, or a consumer terminates the agreement with due observance of a notice period of 1 month, whereby the agreement ends by operation of law.
- If the parties have agreed on a period within the term of the agreement for the completion of certain activities, this is never a deadline. When this term is exceeded, the customer must give T1Marketing written notice of default.
Termination of the indefinite service agreement
- The customer may cancel an indefinite service agreement at any time with a notice period of 1 month.
- A consumer has the right to terminate a contract for an indefinite service with due regard for a notice period of 1 month.
- The customer shall keep all information (in whatever form) received from T1Marketing confidential.
- The same applies to all other information concerning T1Marketing of which the customer knows or can reasonably suspect that it is secret or confidential, or of which he can expect that its dissemination may damage T1Marketing.
- The Customer shall take all necessary measures to ensure that the information mentioned in paragraphs 1 and 2 will also be kept confidential.
- The obligation of confidentiality described in this article does not apply to information
- which was already in the public domain before the customer learned of it or which subsequently became public without this being due to a breach of the customer’s duty of confidentiality
- that is made public by the customer pursuant to a legal obligation
5. 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.
- If the other party violates the article of these General Terms and Conditions regarding confidentiality or intellectual property, he forfeits for each violation an immediately payable fine to Handelsnaam.
- If the other party is a consumer, this penalty shall be € 1,000.
- if the other party is a legal entity, this fine shall be € 5,000
2. In addition, the other party shall forfeit an amount equal to 5% of the amount specified in paragraph 1 for each day that this violation continues.
3. No prior notice of default or legal proceedings are required for the forfeiture of this penalty. It is also not necessary for there to be any form of damage.
4. The forfeiture of the penalty referred to in the first paragraph of this article does not affect the other rights of T1Marketing including the right to claim damages in addition to the penalty.
The customer indemnifies T1Marketing against all third party claims related to the products and/or services delivered by T1Marketing.
- The customer shall examine a product delivered or a service provided by T1Marketing as soon as possible for any shortcomings.
- If a delivered product or service does not comply with what the customer may reasonably expect from the contract, the customer shall inform T1Marketing as soon as possible, but in any case within 1 month after discovery of the shortcomings.
- Consumers must inform T1Marketing at the latest within 2 months after discovery of the shortcomings.
- The customer shall give as detailed a description as possible of the shortcoming, so that T1Marketing is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to work in progress, this can in any case not lead to T1Marketing being obliged to perform other work than agreed.
Notification of default
- The customer must notify T1Marketing in writing of any notice of default.
- It is the responsibility of the client that a notice of default actually reaches T1Marketing (on time).
Joint and several liability of the customer
If T1Marketing enters into an agreement with multiple customers, each of them is severally liable for the full amounts due to T1Marketing under the agreement.
- T1Marketing is only liable for any damage suffered by the customer if and insofar as such damage was caused by intent or gross negligence.
- If T1Marketing is liable for any damage, it is only liable for direct damage resulting from or related to the execution of a contract.
- T1Marketing is never liable for indirect damages, such as consequential losses, lost profits, lost savings or damage to third parties.
- If T1Marketing is liable, this liability is limited to the amount paid by a (professional) liability insurance, and in the absence of (full) payment by an insurance company of the damage amount, 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 apply only approximately and can not cause damage compensation and / or (partially) dissolution of the agreement and / or suspension of any obligation.
Any right of the customer to compensation from T1Marketing expires in any case 12 months after the event from which the liability arose directly or indirectly. This does not exclude the provisions of section 6:89 of the Civil Code.
Right of dissolution
- The customer is entitled to dissolve the agreement if T1Marketing has failed imputably in the fulfillment of its obligations, unless this failure, given its special nature or minor importance, does not justify the dissolution.
- If the fulfillment of the obligations by T1Marketing is not permanently or temporarily impossible, termination can only take place after T1Marketing has been in default.
- T1Marketing is entitled to terminate the contract with the customer if the customer fails to fulfill his obligations under the contract in full or on time, or if T1Marketing has knowledge of circumstances which give it reasonable ground to fear that the customer will not be able to fulfill his obligations properly.
- In addition to the provisions of section 6:75 of the Civil Code, a T1Marketing failure in the fulfillment of any obligation towards the customer cannot be imputed to T1Marketing in a situation independent of the will of T1Marketing, as a result of which the fulfillment of its obligations towards the customer is wholly or partly prevented or as a result of which the fulfillment of its obligations cannot reasonably be required from T1Marketing.
- The force majeure situation referred to in paragraph 1 shall also include – but not be limited to -: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance 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, adverse weather conditions and work interruptions.
- If a force majeure situation occurs which prevents T1Marketing from fulfilling 1 or more obligations to the customer, then those obligations are suspended until T1Marketing is able to fulfill them again.
- From the moment that a force majeure situation has lasted for at least 30 calendar days, both parties are entitled to terminate the contract in writing in whole or in part.
- T1Marketing is in a force majeure situation not liable for any (damages) compensation, even if it enjoys any benefit as a result of the force majeure situation.
Modification of the agreement
- If, after the conclusion of the agreement for its execution, it appears necessary to change or supplement its contents, the parties shall, in a timely manner and in mutual consultation, adapt the agreement accordingly.
- The preceding paragraph does not apply to products purchased in a physical store.
Change general conditions
- T1Marketing is entitled to amend or supplement these general conditions.
- Changes of minor importance may be made at any time.
- Where possible T1Marketing will discuss major changes with the customer in advance.
- Consumers are entitled to terminate the contract in the event of a substantial change in the general conditions.
Transition of rights
- Rights of the customer under an agreement between the parties may not be transferred to third parties without the prior written consent of T1Marketing.
- This provision is considered to be a clause with effect of property law as meant in article 3:83 paragraph 2 of the Dutch Civil Code.
Consequences of nullity or voidability
- If one or more provisions of these general conditions prove to be void or voidable, this shall not affect the other provisions of these conditions.
- A provision that is void or voidable shall be replaced by a provision that comes closest to what T1Marketing had in mind when drawing up the conditions.
Applicable law and competent court
- Every agreement between the parties is exclusively governed by Dutch law.
- The Dutch court in the district where T1Marketing is located / practice / office is exclusively competent to take knowledge of any disputes between parties, unless the law requires otherwise.
Established on 14 february 2022.