GENERAL TERMS AND CONDITIONS Anouk Wiggers

E-mail: anoukwiggers@gmail.com

2. Customer: the party which Anouk Wiggers has entered into an agreement with.

3. Parties: Anouk Wiggers and customer together.

services or products by or on behalf of Anouk Wiggers.

2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.

3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the

customer or of third parties.

administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed

otherwise.

2. Anouk Wiggers is entitled to adjust all prices for its products or services, shown in its shop, on its website or

otherwise, at any time.

3. The parties agree on a total price for a service provided by Anouk Wiggers. This is always a target price, unless the

parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.

4. Anouk Wiggers is entitled to deviate up to 10% of the target price.

5. If the target price exceeds 10%, Anouk Wiggers must let the customer know in due time why a higher price is

justified.

6. If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price

by 10%.

7. Anouk Wiggers has the right to adjust prices annually.

8. Anouk Wiggers will communicate price adjustments to the customer prior to the moment the price increase becomes

effective.

9. The consumer has the right to terminate the contract with Anouk Wiggers if he does not agree with the price increase.

amount.

2. The customer must have paid the full amount within 14 days, after delivery.

3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount

at the latest on the last day of the payment term, he is legally in default, without Anouk Wiggers having to send the

customer a reminder or to put him in default.

security for the total amount of the services or products.

for non-commercial transactions and an interest of 8% per month for commercial transactions from the day the

customer is in default, whereby a part of a month is counted for a whole month.

2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any

compensation to Anouk Wiggers.

4. If the customer does not pay on time, Anouk Wiggers may suspend its obligations until the customer has met his

payment obligation.

5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of

Anouk Wiggers on the customer are immediately due and payable.

pay the agreed price to Anouk Wiggers.

damage as well as theft:

goods being property of Anouk Wiggers that are present at the premises of the customer

goods that have been delivered under retention of title

obligations for Anouk Wiggers, not obligations of results.

requirements of good workmanship.

2. Anouk Wiggers has the right to have the agreed services (partially) performed by third parties.

3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the

possibly agreed advance by the customer.

4. It is the responsibility of the customer that Anouk Wiggers can start the implementation of the agreement on time.

5. If the customer has not ensured that Anouk Wiggers can start the implementation of the agreement in time, the

resulting additional costs and/or extra hours will be charged to the customer.

execution of the agreement to in time and in the desired format and manner.

available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.

3. If and insofar as the customer requests this, Anouk Wiggers will return the relevant documents.

4. If the customer does not timely and properly provides the information, data or documents reasonably required by

Anouk Wiggers and the execution of the agreement is delayed because of this, the resulting additional costs and extra

hours will be charged to the customer.

results otherwise from the nature of the agreement or the parties have expressly agreed otherwise in writing.

2. If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the

term, unless 1 of the parties terminates the contract with due observance of a notice period of 2 month(s), or if a

consumer terminates the agreement with due observance of a notice period of 1 month causing the agreement to end

at the end of the fixed term.

specified explicitly otherwise in writing. If this term is exceeded, the customer must give Anouk Wiggers a written

reasonable term to terminate the activities, before it may either terminate the contract or claim damages.

2. A consumer has the right to terminate an agreement for an indefinite period with due observance of a notice period of

1 month.

and design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images,

sketches, models, scale models, etc., unless parties have agreed otherwise in writing.

2. The customer may not copy or have copied the intellectual property rights without prior written permission from

Anouk Wiggers, nor show them to third parties and / or make them available or use them in any other way.

2. The same applies to all other information concerning Anouk Wiggers of which he knows or can reasonably suspect

that it is secret or confidential, or of which it can expect that its disclosure may cause damage to Anouk Wiggers.

3. The customer takes all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2

secret.

4. The obligation of secrecy described in this article does not apply to information:

which was already made public before the customer heard this information or which later became public

without being the result of a violation of the customer’s duty to confidentiality

5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a

period of 3 years after the end thereof.

he forfeits on behalf of Anouk Wiggers an immediately due and payable fine of € 1.000 if the customer is a consumer

and € 5.000 if the customer is a company, for each violation and in addition an amount of 5% of the aforementioned

amount for each day that this violation continues.

2. No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first

paragraph of this article.

Wiggers including its right to claim compensation in addition to the fine.

services supplied by Anouk Wiggers.

shortcomings.

2. If a delivered product or service does not comply with what the customer could reasonably expect from the

agreement, the customer must inform Anouk Wiggers of this as soon as possible, but in any case within 1 month after

the discovery of the shortcomings.

3. Consumers must inform Anouk Wiggers of this within two months after detection of the shortcomings.

4. The customer gives a detailed description as possible of the shortcomings, so that Anouk Wiggers is able to respond

adequately.

work than has been agreed.

2. It is the responsibility of the customer that a notice of default actually reaches Anouk Wiggers (in time).

for the full amounts due to Anouk Wiggers under that agreement.

gross negligence.

2. If Anouk Wiggers is liable for any damage, it is only liable for direct damages that results from or is related to the

execution of an agreement.

3. Anouk Wiggers is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to

third parties.

4. If Anouk Wiggers is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and

in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the

(part of the) invoice to which the liability relates.

approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of

any obligation.

the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89

Dutch Civil Code.

obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor

significance.

2. If the fulfillment of the obligations by Anouk Wiggers is not permanent or temporarily impossible, dissolution can

only take place after Anouk Wiggers is in default.

3. Anouk Wiggers has the right to dissolve the agreement with the customer, if the customer does not fully or timely

fulfill his obligations under the agreement, or if circumstances give Anouk Wiggers good grounds to fear that the

customer will not be able to fulfill his obligations properly.

any obligation to the customer cannot be attributed to Anouk Wiggers in any situation independent of the will of

Anouk Wiggers, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when

the fulfillment of its obligations cannot reasonably be required from Anouk Wiggers .

2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such

as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other

third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes,

government measures, unforeseen transport problems, bad weather conditions and work stoppages.

3. If a situation of force majeure arises as a result of which Anouk Wiggers cannot fulfill one or more obligations

towards the customer, these obligations will be suspended until Anouk Wiggers can comply with it.

4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the

agreement in writing in whole or in part.

advantages as a result of the force majeure situation.

its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

2. Changes of minor importance can be made at any time.

3. Major changes in content will be discussed by Anouk Wiggers with the customer in advance as much as possible.

4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and

conditions.

prior written consent of Anouk Wiggers.

2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

provisions of these terms and conditions.

2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Anouk

Wiggers had in mind when drafting the conditions on that issue.

2. The Dutch court in the district where Anouk Wiggers is established is exclusively competent in case of any disputes

between parties, unless the law prescribes otherwise.

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