Order before 10 PM for next-day delivery
Article 1 - Definitions
1. FlinQ & Co B.V.: FlinQ, located in Eemnes, Chamber of Commerce number 68579756.
2. Customer: the party with whom FlinQ & Co B.V. has entered into an agreement.
3. Parties: FlinQ & Co B.V. and Customer together.
4. Consumer: a Customer who is also an individual and who acts as a private person.
1. FlinQ & Co B.V.: FlinQ, located in Eemnes, Chamber of Commerce number 68579756.
2. Customer: the party with whom FlinQ & Co B.V. has entered into an agreement.
3. Parties: FlinQ & Co B.V. and Customer together.
4. Consumer: a Customer who is also an individual and who acts as a private person.
Article 2 - Applicability
1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of FlinQ & Co B.V..
2. FlinQ & Co B.V. and the Customer can only deviate from these terms and conditions if this has been agreed in writing.
3. FlinQ & Co B.V. and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or others.
1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of FlinQ & Co B.V..
2. FlinQ & Co B.V. and the Customer can only deviate from these terms and conditions if this has been agreed in writing.
3. FlinQ & Co B.V. and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or others.
Article 3 - Prices
1. FlinQ & Co B.V. uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.
2. FlinQ & Co B.V. may change the prices of its services and products on its website and in other expressions at any time.
3. FlinQ & Co B.V. and the Customer agree on a total amount as a target price for a service provided by FlinQ & Co B.V., unless otherwise agreed in writing.
4. FlinQ & Co B.V. may deviate up to 10% from the target price.
5. FlinQ & Co B.V. must inform the Customer in time why a higher price is justified, when the target price is going to be more than 10% higher.
6. The Customer may cancel the part of the assignment that exceeds the target price (increased by 10%), when the target price is going to be more than 10% higher.
7. FlinQ & Co B.V. may adjust the prices annually.
8. FlinQ & Co B.V. will communicate price adjustments to the Customer prior to their commencement.
9. A consumer may undo the agreement with FlinQ & Co B.V. if he does not agree with the price increase.
Price errors
Although we do our best to state correct prices on our website, price errors may occur occasionally. In the event of a clearly incorrect price due to, for example, a technical error, printing error, or a mistake, we reserve the right to correct the price afterwards. We will inform the customer of this as soon as possible and offer the option to adjust the order at the corrected price or to cancel the order free of charge.
1. FlinQ & Co B.V. uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.
2. FlinQ & Co B.V. may change the prices of its services and products on its website and in other expressions at any time.
3. FlinQ & Co B.V. and the Customer agree on a total amount as a target price for a service provided by FlinQ & Co B.V., unless otherwise agreed in writing.
4. FlinQ & Co B.V. may deviate up to 10% from the target price.
5. FlinQ & Co B.V. must inform the Customer in time why a higher price is justified, when the target price is going to be more than 10% higher.
6. The Customer may cancel the part of the assignment that exceeds the target price (increased by 10%), when the target price is going to be more than 10% higher.
7. FlinQ & Co B.V. may adjust the prices annually.
8. FlinQ & Co B.V. will communicate price adjustments to the Customer prior to their commencement.
9. A consumer may undo the agreement with FlinQ & Co B.V. if he does not agree with the price increase.
Price errors
Although we do our best to state correct prices on our website, price errors may occur occasionally. In the event of a clearly incorrect price due to, for example, a technical error, printing error, or a mistake, we reserve the right to correct the price afterwards. We will inform the customer of this as soon as possible and offer the option to adjust the order at the corrected price or to cancel the order free of charge.
Article 4 - Payments and payment term
1. FlinQ & Co B.V. may require a down payment of up to 50% of the agreed amount when entering into the agreement.
2. The Customer must have made a payment afterwards within 1 month after delivery.
3. The payment terms that FlinQ & Co B.V. applies are strict payment terms. This means that if the Customer has not paid the agreed amount no later than the last day of the payment term, he is automatically in default and in breach, without FlinQ & Co B.V. having to send a reminder to the Customer or give notice of default.
4. FlinQ & Co B.V. may make a delivery dependent on immediate payment or demand security for the total amount of the services or products.
1. FlinQ & Co B.V. may require a down payment of up to 50% of the agreed amount when entering into the agreement.
2. The Customer must have made a payment afterwards within 1 month after delivery.
3. The payment terms that FlinQ & Co B.V. applies are strict payment terms. This means that if the Customer has not paid the agreed amount no later than the last day of the payment term, he is automatically in default and in breach, without FlinQ & Co B.V. having to send a reminder to the Customer or give notice of default.
4. FlinQ & Co B.V. may make a delivery dependent on immediate payment or demand security for the total amount of the services or products.
Article 5 - Consequences of late payment
1. If the Customer does not pay within the agreed term, FlinQ & Co B.V. may charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day that the Customer is in default, with part of a month being counted as a whole month.
2. When the Customer is in default, he must also pay extrajudicial collection costs and any compensation to FlinQ & Co B.V..
3. The collection costs are calculated on the basis of the Extrajudicial Collection Costs Decree.
4. If the Customer does not pay on time, FlinQ & Co B.V. may suspend its obligations until the Customer has paid.
5. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the Customer, the claims of FlinQ & Co B.V. on the Customer are immediately due and payable.
6. If the Customer refuses to cooperate with the execution of the agreement by FlinQ & Co B.V., he must still pay the agreed price.
1. If the Customer does not pay within the agreed term, FlinQ & Co B.V. may charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day that the Customer is in default, with part of a month being counted as a whole month.
2. When the Customer is in default, he must also pay extrajudicial collection costs and any compensation to FlinQ & Co B.V..
3. The collection costs are calculated on the basis of the Extrajudicial Collection Costs Decree.
4. If the Customer does not pay on time, FlinQ & Co B.V. may suspend its obligations until the Customer has paid.
5. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the Customer, the claims of FlinQ & Co B.V. on the Customer are immediately due and payable.
6. If the Customer refuses to cooperate with the execution of the agreement by FlinQ & Co B.V., he must still pay the agreed price.
Article 6A - Right of recovery
1. If the Customer is in default, FlinQ & Co B.V. may invoke the right of recovery with regard to the unpaid products delivered to the Customer.
2. FlinQ & Co B.V. makes use of its right of recovery by means of a written or electronic notification to the Customer.
3. As soon as the Customer has been informed of the invoked right of recovery, the Customer must immediately return the products in question to FlinQ & Co B.V., unless otherwise agreed in writing.
4. The Customer pays the costs for retrieving or returning the products in paragraph 3.
1. If the Customer is in default, FlinQ & Co B.V. may invoke the right of recovery with regard to the unpaid products delivered to the Customer.
2. FlinQ & Co B.V. makes use of its right of recovery by means of a written or electronic notification to the Customer.
3. As soon as the Customer has been informed of the invoked right of recovery, the Customer must immediately return the products in question to FlinQ & Co B.V., unless otherwise agreed in writing.
4. The Customer pays the costs for retrieving or returning the products in paragraph 3.
Article 6B - Right of withdrawal
1. A consumer may cancel an online purchase within 14 days of purchase without giving any reason. This right of withdrawal does not apply when:
โข the product has been used
โข it is a product that can spoil quickly, such as food or flowers
โข it is a product that has been specially made or adapted for the consumer
โข it is a product that cannot be returned for hygienic reasons, such as underwear and swimwear
โข the seal is not intact when it comes to data carriers with digital content such as DVDs or CDs
โข the product or service concerns accommodation, a trip, a restaurant business, transport, a catering assignment or a form of leisure activity
โข the product is a loose magazine or newspaper
โข it concerns an emergency repair
โข it concerns bets or lotteries
โข the consumer has waived his right of withdrawal
โข it concerns a service that is fully performed with the consent of the Customer within the cooling-off period and in which the Customer has expressly stated to waive the right of withdrawal
2. The cooling-off period of 14 days in paragraph 1, starts:
โข on the day after the consumer has received the last product or part of 1 order
โข as soon as the consumer has concluded an agreement for the delivery of a service
โข as soon as the consumer has confirmed that he will purchase digital content via the internet
3. The consumer can make use of his cooling-off period by sending an email with that subject to info@flinqproducts.nl, possibly with the help of the withdrawal form that is available on the website of FlinQ & Co B.V., https://www.flinqproducts.nl.
4. The consumer is obliged to return the product to FlinQ & Co B.V. within 14 days after making his right of withdrawal known, failing which his right of withdrawal will lapse.
1. A consumer may cancel an online purchase within 14 days of purchase without giving any reason. This right of withdrawal does not apply when:
โข the product has been used
โข it is a product that can spoil quickly, such as food or flowers
โข it is a product that has been specially made or adapted for the consumer
โข it is a product that cannot be returned for hygienic reasons, such as underwear and swimwear
โข the seal is not intact when it comes to data carriers with digital content such as DVDs or CDs
โข the product or service concerns accommodation, a trip, a restaurant business, transport, a catering assignment or a form of leisure activity
โข the product is a loose magazine or newspaper
โข it concerns an emergency repair
โข it concerns bets or lotteries
โข the consumer has waived his right of withdrawal
โข it concerns a service that is fully performed with the consent of the Customer within the cooling-off period and in which the Customer has expressly stated to waive the right of withdrawal
2. The cooling-off period of 14 days in paragraph 1, starts:
โข on the day after the consumer has received the last product or part of 1 order
โข as soon as the consumer has concluded an agreement for the delivery of a service
โข as soon as the consumer has confirmed that he will purchase digital content via the internet
3. The consumer can make use of his cooling-off period by sending an email with that subject to info@flinqproducts.nl, possibly with the help of the withdrawal form that is available on the website of FlinQ & Co B.V., https://www.flinqproducts.nl.
4. The consumer is obliged to return the product to FlinQ & Co B.V. within 14 days after making his right of withdrawal known, failing which his right of withdrawal will lapse.
Article 7 - Reimbursement of delivery costs
1. If the consumer returns the product to FlinQ & Co B.V., the costs for this are at his own expense.
1. If the consumer returns the product to FlinQ & Co B.V., the costs for this are at his own expense.
Article 8 - Reimbursement of return costs
1. If the consumer invokes his right of withdrawal and returns the entire order on time, the Customer will pay the costs for this.
1. If the consumer invokes his right of withdrawal and returns the entire order on time, the Customer will pay the costs for this.
Article 9 - Right of suspension
1. Unless the Customer is a consumer, he hereby waives the right to suspend compliance with any obligation arising from this agreement.
1. Unless the Customer is a consumer, he hereby waives the right to suspend compliance with any obligation arising from this agreement.
Article 10 - Right of retention
1. FlinQ & Co B.V. can make use of its right of retention and in that case keep products of the Customer with it until the Customer has paid all outstanding invoices of FlinQ & Co B.V., unless the Customer has provided sufficient security for those costs.
2. The right of retention also applies on the basis of previous agreements as a result of which the Customer still has to pay money to FlinQ & Co B.V..
3. FlinQ & Co B.V. is not liable for any damage that the Customer suffers due to the use of its right of retention.
1. FlinQ & Co B.V. can make use of its right of retention and in that case keep products of the Customer with it until the Customer has paid all outstanding invoices of FlinQ & Co B.V., unless the Customer has provided sufficient security for those costs.
2. The right of retention also applies on the basis of previous agreements as a result of which the Customer still has to pay money to FlinQ & Co B.V..
3. FlinQ & Co B.V. is not liable for any damage that the Customer suffers due to the use of its right of retention.
Article 11 - Settlement
1. Unless the Customer is a consumer, he waives his right to set off a debt to FlinQ & Co B.V. against a claim on FlinQ & Co B.V..
1. Unless the Customer is a consumer, he waives his right to set off a debt to FlinQ & Co B.V. against a claim on FlinQ & Co B.V..
Article 12 - Retention of title
1. FlinQ & Co B.V. remains the owner of all delivered products until the Customer has paid all outstanding invoices of FlinQ & Co B.V. with regard to an underlying agreement, including claims due to the failure to perform.
2. Until that time in paragraph 1, FlinQ & Co B.V. can make use of its retention of title and take back the items.
3. Before ownership has passed to the Customer, the Customer may not pledge, sell, alienate or encumber the products in any other way.
4. When FlinQ & Co B.V. makes use of its retention of title, the agreement is thereby undone and FlinQ & Co B.V. may demand compensation, lost profit and interest from the Customer.
1. FlinQ & Co B.V. remains the owner of all delivered products until the Customer has paid all outstanding invoices of FlinQ & Co B.V. with regard to an underlying agreement, including claims due to the failure to perform.
2. Until that time in paragraph 1, FlinQ & Co B.V. can make use of its retention of title and take back the items.
3. Before ownership has passed to the Customer, the Customer may not pledge, sell, alienate or encumber the products in any other way.
4. When FlinQ & Co B.V. makes use of its retention of title, the agreement is thereby undone and FlinQ & Co B.V. may demand compensation, lost profit and interest from the Customer.
Article 13 - Delivery
1. Delivery takes place as long as stocks last.
2. Delivery takes place at FlinQ & Co B.V., unless otherwise agreed.
3. Delivery of online ordered products takes place at the address indicated by the Customer.
4. If the Customer does not pay the agreed amounts or does not pay them on time, FlinQ & Co B.V. may suspend its obligations until the Customer pays.
5. In the event of late payment, there is a default on the part of the creditor, as a result of which the Customer cannot object to a late delivery to FlinQ & Co B.V..
1. Delivery takes place as long as stocks last.
2. Delivery takes place at FlinQ & Co B.V., unless otherwise agreed.
3. Delivery of online ordered products takes place at the address indicated by the Customer.
4. If the Customer does not pay the agreed amounts or does not pay them on time, FlinQ & Co B.V. may suspend its obligations until the Customer pays.
5. In the event of late payment, there is a default on the part of the creditor, as a result of which the Customer cannot object to a late delivery to FlinQ & Co B.V..
Article 14 - Delivery time
1. The delivery times of FlinQ & Co B.V. are indicative. If delivery is later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.
2. The delivery time starts when the Customer has fully completed the ordering process and has received a confirmation of this from FlinQ & Co B.V..
3. The Customer will not receive any compensation and may not undo the agreement if FlinQ & Co B.V. delivers later than agreed. The Customer may undo the agreement if this has been agreed in writing or if FlinQ & Co B.V. cannot deliver within 14 days, after having been given written notice to do so or the Customer and FlinQ & Co B.V. have agreed otherwise.
1. The delivery times of FlinQ & Co B.V. are indicative. If delivery is later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.
2. The delivery time starts when the Customer has fully completed the ordering process and has received a confirmation of this from FlinQ & Co B.V..
3. The Customer will not receive any compensation and may not undo the agreement if FlinQ & Co B.V. delivers later than agreed. The Customer may undo the agreement if this has been agreed in writing or if FlinQ & Co B.V. cannot deliver within 14 days, after having been given written notice to do so or the Customer and FlinQ & Co B.V. have agreed otherwise.
Article 15 - Actual delivery
1. The Customer must ensure that the actual delivery of his ordered products can take place on time.
1. The Customer must ensure that the actual delivery of his ordered products can take place on time.
Article 16 - Transport costs
1. The Customer pays the costs for transport, unless the Customer and FlinQ & Co B.V. have agreed otherwise in writing.
1. The Customer pays the costs for transport, unless the Customer and FlinQ & Co B.V. have agreed otherwise in writing.
Article 17 - Packaging and shipping
1. If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before he receives the product. If the Customer does not do this, he cannot hold FlinQ & Co B.V. liable for any damage.
2. If the Customer arranges the transport of a product himself, he must report any visible damage to products or the packaging to FlinQ & Co B.V. prior to transport. If the Customer does not do this, he cannot hold FlinQ & Co B.V. liable for any damage.
1. If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before he receives the product. If the Customer does not do this, he cannot hold FlinQ & Co B.V. liable for any damage.
2. If the Customer arranges the transport of a product himself, he must report any visible damage to products or the packaging to FlinQ & Co B.V. prior to transport. If the Customer does not do this, he cannot hold FlinQ & Co B.V. liable for any damage.
Article 18 - Insurance
1. The Customer must sufficiently insure and keep the following items insured against, among other things, fire, explosion and water damage, and theft:
โข delivered items that are necessary for the execution of the underlying agreement โข items of FlinQ & Co B.V. that are present at the Customer โข items that have been delivered subject to retention of title
2. The Customer will provide the policy of these insurances for inspection at FlinQ & Co B.V.'s first request.
1. The Customer must sufficiently insure and keep the following items insured against, among other things, fire, explosion and water damage, and theft:
โข delivered items that are necessary for the execution of the underlying agreement โข items of FlinQ & Co B.V. that are present at the Customer โข items that have been delivered subject to retention of title
2. The Customer will provide the policy of these insurances for inspection at FlinQ & Co B.V.'s first request.
Article 19 - Storage
1. If the Customer only purchases ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.
2. Any additional costs as a result of premature or late purchase of products are entirely at the Customer's expense.
1. If the Customer only purchases ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.
2. Any additional costs as a result of premature or late purchase of products are entirely at the Customer's expense.
Article 20 - Warranty
1. When the Customer and FlinQ & Co B.V. have entered into an agreement with a service-providing character, this only contains an obligation to make an effort for FlinQ & Co B.V. and therefore no obligation to achieve a result.
2. The warranty on products only applies to defects caused by faulty manufacturing or construction or faulty material.
3. The warranty does not apply:
- in the case of normal wear and tear
- for damage caused by accidents (such as a power outage or flooding)
- for damage caused by changes made to the product
- for damage due to negligence or inexpert use by the Customer
- when the cause of the defect cannot be clearly determined
4. The risk of loss, damage or theft of the products that FlinQ & Co B.V. delivers passes to the Customer as soon as they are legally or actually delivered, at least come into the power of the Customer or of a third party that receives the product for the Customer.
1. When the Customer and FlinQ & Co B.V. have entered into an agreement with a service-providing character, this only contains an obligation to make an effort for FlinQ & Co B.V. and therefore no obligation to achieve a result.
2. The warranty on products only applies to defects caused by faulty manufacturing or construction or faulty material.
3. The warranty does not apply:
- in the case of normal wear and tear
- for damage caused by accidents (such as a power outage or flooding)
- for damage caused by changes made to the product
- for damage due to negligence or inexpert use by the Customer
- when the cause of the defect cannot be clearly determined
4. The risk of loss, damage or theft of the products that FlinQ & Co B.V. delivers passes to the Customer as soon as they are legally or actually delivered, at least come into the power of the Customer or of a third party that receives the product for the Customer.
Article 21 - Exchange
1. The Customer may exchange a purchased item. The following conditions apply:
โข exchange takes place within 14 days of purchase, whereby the Customer can show the original invoice
โข the product is returned in the original packaging and with the attached original price tag
โข the product has not yet been used
2. Discounted items, perishable products, custom-made items or items specially adapted for the Customer cannot be exchanged.
1. The Customer may exchange a purchased item. The following conditions apply:
โข exchange takes place within 14 days of purchase, whereby the Customer can show the original invoice
โข the product is returned in the original packaging and with the attached original price tag
โข the product has not yet been used
2. Discounted items, perishable products, custom-made items or items specially adapted for the Customer cannot be exchanged.
Article 22 - Execution of the agreement
1. FlinQ & Co B.V. executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. FlinQ & Co B.V. may have the agreed services performed in whole or in part by others.
3. The execution of the agreement takes place in consultation and after a written agreement and payment of any advance by the Customer.
4. The Customer must ensure that FlinQ & Co B.V. can start the execution of the agreement on time.
5. If the Customer does not ensure that FlinQ & Co B.V. can start on time, the resulting extra costs will be borne by the Customer.
1. FlinQ & Co B.V. executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. FlinQ & Co B.V. may have the agreed services performed in whole or in part by others.
3. The execution of the agreement takes place in consultation and after a written agreement and payment of any advance by the Customer.
4. The Customer must ensure that FlinQ & Co B.V. can start the execution of the agreement on time.
5. If the Customer does not ensure that FlinQ & Co B.V. can start on time, the resulting extra costs will be borne by the Customer.
Article 23 - Provision of information by the Customer
1. The Customer shall make available to FlinQ & Co B.V. in a timely manner and in the desired form and manner all information, data and documents that are relevant for the correct execution of the agreement.
2. The Customer guarantees the accuracy and completeness of the information, data and documents made available, even if these originate from third parties, unless the nature of the agreement dictates otherwise.
3. When and insofar as the Customer requests this, FlinQ & Co B.V. will return the relevant documents.
4. If the Customer does not make the information, data or documents reasonably required by FlinQ & Co B.V. available, not on time or not properly, and the execution of the agreement is delayed as a result, the resulting extra costs and extra hours will be borne by the Customer.
1. The Customer shall make available to FlinQ & Co B.V. in a timely manner and in the desired form and manner all information, data and documents that are relevant for the correct execution of the agreement.
2. The Customer guarantees the accuracy and completeness of the information, data and documents made available, even if these originate from third parties, unless the nature of the agreement dictates otherwise.
3. When and insofar as the Customer requests this, FlinQ & Co B.V. will return the relevant documents.
4. If the Customer does not make the information, data or documents reasonably required by FlinQ & Co B.V. available, not on time or not properly, and the execution of the agreement is delayed as a result, the resulting extra costs and extra hours will be borne by the Customer.
Article 24 - Duration of Service Agreement
1. The agreement between FlinQ & Co B.V. and the Customer for a service is entered into for a duration of 1 month or 1 year, unless the nature of the agreement dictates otherwise or something else has been agreed upon in writing.
2. After the term mentioned in paragraph 1, the agreement is automatically converted into an agreement for an indefinite period, unless the Customer or FlinQ & Co B.V. terminates the agreement with a notice period of 1 month.
1. The agreement between FlinQ & Co B.V. and the Customer for a service is entered into for a duration of 1 month or 1 year, unless the nature of the agreement dictates otherwise or something else has been agreed upon in writing.
2. After the term mentioned in paragraph 1, the agreement is automatically converted into an agreement for an indefinite period, unless the Customer or FlinQ & Co B.V. terminates the agreement with a notice period of 1 month.
Article 25 - Termination of Fixed-term Service
1. The Customer cannot terminate a fixed-term service agreement earlier than after 1 month or 1 year.
2. After the minimum term of 1 month or 1 year, the Customer can terminate the agreement in paragraph 1 with a notice period of 1 month.
3. After the minimum term of 1 month or 1 year, a consumer can terminate the agreement in paragraph 1 with a notice period of 1 month.
4. If the service agreement is entered into for less than 1 year, the agreement cannot be terminated prematurely.
1. The Customer cannot terminate a fixed-term service agreement earlier than after 1 month or 1 year.
2. After the minimum term of 1 month or 1 year, the Customer can terminate the agreement in paragraph 1 with a notice period of 1 month.
3. After the minimum term of 1 month or 1 year, a consumer can terminate the agreement in paragraph 1 with a notice period of 1 month.
4. If the service agreement is entered into for less than 1 year, the agreement cannot be terminated prematurely.
Article 26 - Indemnification
1. The Customer indemnifies FlinQ & Co B.V. against all claims from others related to the products and/or services delivered by FlinQ & Co B.V.
1. The Customer indemnifies FlinQ & Co B.V. against all claims from others related to the products and/or services delivered by FlinQ & Co B.V.
Article 27 - Complaints
1. The Customer must inspect a product delivered or service provided by FlinQ & Co B.V. for any deficiencies as soon as possible.
2. If a delivered product or provided service does not meet what the Customer could reasonably expect, the Customer must notify FlinQ & Co B.V. within 1 month after discovering the deficiency.
3. A consumer must notify FlinQ & Co B.V. within 2 months after discovering the deficiency.
4. The Customer must provide a detailed description of the deficiency to allow FlinQ & Co B.V. to respond appropriately.
5. The Customer must prove that the complaint relates to an agreement between the Customer and FlinQ & Co B.V.
6. When a complaint concerns ongoing work, the Customer cannot demand that FlinQ & Co B.V. perform work other than what was agreed upon.
7. For complaints, a consumer should first contact the business owner. If the webshop is affiliated with WebwinkelKeur and complaints cannot be resolved through mutual consultation, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check if this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to have their complaint handled by WebwinkelKeur's appointed independent disputes committee, whose decision is binding and both business owner and consumer agree to this binding decision. There are costs associated with submitting a dispute to this committee, which must be paid by the consumer to the relevant committee. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr).
1. The Customer must inspect a product delivered or service provided by FlinQ & Co B.V. for any deficiencies as soon as possible.
2. If a delivered product or provided service does not meet what the Customer could reasonably expect, the Customer must notify FlinQ & Co B.V. within 1 month after discovering the deficiency.
3. A consumer must notify FlinQ & Co B.V. within 2 months after discovering the deficiency.
4. The Customer must provide a detailed description of the deficiency to allow FlinQ & Co B.V. to respond appropriately.
5. The Customer must prove that the complaint relates to an agreement between the Customer and FlinQ & Co B.V.
6. When a complaint concerns ongoing work, the Customer cannot demand that FlinQ & Co B.V. perform work other than what was agreed upon.
7. For complaints, a consumer should first contact the business owner. If the webshop is affiliated with WebwinkelKeur and complaints cannot be resolved through mutual consultation, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check if this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to have their complaint handled by WebwinkelKeur's appointed independent disputes committee, whose decision is binding and both business owner and consumer agree to this binding decision. There are costs associated with submitting a dispute to this committee, which must be paid by the consumer to the relevant committee. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr).
Article 28 - Notice of Default
1. The Customer must communicate any notice of default to FlinQ & Co B.V. in writing.
2. The Customer is responsible for ensuring that their notice of default reaches FlinQ & Co B.V. on time.
1. The Customer must communicate any notice of default to FlinQ & Co B.V. in writing.
2. The Customer is responsible for ensuring that their notice of default reaches FlinQ & Co B.V. on time.
Article 29 - Customer Liability
1. When FlinQ & Co B.V. enters into an agreement with multiple Customers, each of them is jointly and severally liable for fulfilling the commitments in that agreement.
1. When FlinQ & Co B.V. enters into an agreement with multiple Customers, each of them is jointly and severally liable for fulfilling the commitments in that agreement.
Article 30 - Liability of FlinQ & Co B.V.
1. FlinQ & Co B.V. is only liable for damage suffered by the Customer when that damage is caused by intent or deliberate recklessness.
2. When FlinQ & Co B.V. is liable for damage, this only applies to direct damage related to the execution of an underlying agreement.
3. FlinQ & Co B.V. is not liable for indirect damage, such as consequential damage, lost profits, or damage to third parties.
4. When FlinQ & Co B.V. is liable, this liability is limited to the amount paid out by a professional liability insurance policy. If no insurance is taken out or no amount is paid out, the liability is limited to the (portion of the) invoice amount to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are merely indicative and cannot lead to any compensation, dissolution, or suspension.
1. FlinQ & Co B.V. is only liable for damage suffered by the Customer when that damage is caused by intent or deliberate recklessness.
2. When FlinQ & Co B.V. is liable for damage, this only applies to direct damage related to the execution of an underlying agreement.
3. FlinQ & Co B.V. is not liable for indirect damage, such as consequential damage, lost profits, or damage to third parties.
4. When FlinQ & Co B.V. is liable, this liability is limited to the amount paid out by a professional liability insurance policy. If no insurance is taken out or no amount is paid out, the liability is limited to the (portion of the) invoice amount to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are merely indicative and cannot lead to any compensation, dissolution, or suspension.
Article 31 - Expiry Period
1. Every right of the Customer to compensation from FlinQ & Co B.V. expires 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 Dutch Civil Code.
1. Every right of the Customer to compensation from FlinQ & Co B.V. expires 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 Dutch Civil Code.
Article 32 - Dissolution
1. The Customer may cancel the agreement when FlinQ & Co B.V. fails attributably in fulfilling its obligations, unless this failure does not justify dissolution due to its special nature or minor significance.
2. If fulfillment of obligations by FlinQ & Co B.V. is still possible, dissolution can only take place after FlinQ & Co B.V. is in default.
3. FlinQ & Co B.V. may cancel the agreement with the Customer when the Customer does not fully or timely fulfill their obligations under the agreement, or when FlinQ & Co B.V. has learned of circumstances that give good reason to believe that the Customer will not fulfill their obligations.
1. The Customer may cancel the agreement when FlinQ & Co B.V. fails attributably in fulfilling its obligations, unless this failure does not justify dissolution due to its special nature or minor significance.
2. If fulfillment of obligations by FlinQ & Co B.V. is still possible, dissolution can only take place after FlinQ & Co B.V. is in default.
3. FlinQ & Co B.V. may cancel the agreement with the Customer when the Customer does not fully or timely fulfill their obligations under the agreement, or when FlinQ & Co B.V. has learned of circumstances that give good reason to believe that the Customer will not fulfill their obligations.
Article 33 - Force Majeure
1. In addition to Article 6:75 of the Dutch Civil Code, a failure by FlinQ & Co B.V. cannot be attributed to FlinQ & Co B.V. by the Customer when there is a force majeure situation.
2. The force majeure situation in paragraph 1 includes but is not limited to:
- emergency situations such as civil war or natural disaster
- default or force majeure of suppliers, delivery services, or others
- power, electricity, internet, computer, or telecommunications failures
- computer viruses
- strikes
- government measures
- transportation problems
- severe weather conditions
- work stoppages
3. When a force majeure situation occurs preventing FlinQ & Co B.V. from fulfilling one or more obligations to the Customer, these obligations are suspended until FlinQ & Co B.V. can fulfill them.
4. From the moment a force majeure situation has lasted at least 30 calendar days, both the Customer and FlinQ & Co B.V. may cancel the agreement in whole or in part in writing.
5. FlinQ & Co B.V. does not need to pay any compensation to the Customer in a force majeure situation, even if FlinQ & Co B.V. benefits from it.
1. In addition to Article 6:75 of the Dutch Civil Code, a failure by FlinQ & Co B.V. cannot be attributed to FlinQ & Co B.V. by the Customer when there is a force majeure situation.
2. The force majeure situation in paragraph 1 includes but is not limited to:
- emergency situations such as civil war or natural disaster
- default or force majeure of suppliers, delivery services, or others
- power, electricity, internet, computer, or telecommunications failures
- computer viruses
- strikes
- government measures
- transportation problems
- severe weather conditions
- work stoppages
3. When a force majeure situation occurs preventing FlinQ & Co B.V. from fulfilling one or more obligations to the Customer, these obligations are suspended until FlinQ & Co B.V. can fulfill them.
4. From the moment a force majeure situation has lasted at least 30 calendar days, both the Customer and FlinQ & Co B.V. may cancel the agreement in whole or in part in writing.
5. FlinQ & Co B.V. does not need to pay any compensation to the Customer in a force majeure situation, even if FlinQ & Co B.V. benefits from it.
Article 34 - Agreement Modification
1. When it is necessary to modify a concluded agreement for its execution, the Customer and FlinQ & Co B.V. can adjust the agreement.
1. When it is necessary to modify a concluded agreement for its execution, the Customer and FlinQ & Co B.V. can adjust the agreement.
Article 35 - Modification of General Terms
1. FlinQ & Co B.V. may modify these general terms.
2. FlinQ & Co B.V. may always implement minor changes.
3. FlinQ & Co B.V. will discuss significant changes with the Customer in advance whenever possible.
4. A consumer may terminate the underlying agreement in case of a significant change to the general terms.
1. FlinQ & Co B.V. may modify these general terms.
2. FlinQ & Co B.V. may always implement minor changes.
3. FlinQ & Co B.V. will discuss significant changes with the Customer in advance whenever possible.
4. A consumer may terminate the underlying agreement in case of a significant change to the general terms.
Article 36 - Transfer of Rights
1. The Customer cannot transfer rights from an agreement with FlinQ & Co B.V. to others without written permission from FlinQ & Co B.V.
2. This provision applies as a clause with property law effect as described in Article 3:83 paragraph 2 of the Dutch Civil Code.
1. The Customer cannot transfer rights from an agreement with FlinQ & Co B.V. to others without written permission from FlinQ & Co B.V.
2. This provision applies as a clause with property law effect as described in Article 3:83 paragraph 2 of the Dutch Civil Code.
Article 37 - Consequences of Nullity or Voidability
1. When one or more provisions of these general terms prove to be void or voidable, this does not affect the other provisions of these terms.
2. A provision that is void or voidable will be replaced by a provision that most closely matches what FlinQ & Co B.V. had in mind when drafting the terms on that point.
1. When one or more provisions of these general terms prove to be void or voidable, this does not affect the other provisions of these terms.
2. A provision that is void or voidable will be replaced by a provision that most closely matches what FlinQ & Co B.V. had in mind when drafting the terms on that point.
Article 38 - Applicable Law and Competent Court
1. Dutch law applies to these general terms and any underlying agreement between the Customer and FlinQ & Co B.V.
2. The court in the district where FlinQ & Co B.V. is located has exclusive jurisdiction to hear any disputes between the Customer and FlinQ & Co B.V., unless the law determines otherwise.
Drafted on February 26, 2024.
1. Dutch law applies to these general terms and any underlying agreement between the Customer and FlinQ & Co B.V.
2. The court in the district where FlinQ & Co B.V. is located has exclusive jurisdiction to hear any disputes between the Customer and FlinQ & Co B.V., unless the law determines otherwise.
Drafted on February 26, 2024.