GENERAL TERMS AND CONDITIONS Anouk Wiggers
|1. Anouk Wiggers: Anouk Wiggers, established in Apeldoorn, Chamber of Commerce no. 82544891.
2. Customer: the party which Anouk Wiggers has entered into an agreement with.
3. Parties: Anouk Wiggers and customer together.
|4. Consumer: a customer who is an individual acting for private purposes.|
|1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of
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.
|1. All prices used by Anouk Wiggers are in euros, are inclusive of VAT and exclusive of any other costs such as
administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed
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
6. If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price
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
9. The consumer has the right to terminate the contract with Anouk Wiggers if he does not agree with the price increase.
|Payments and payment term|
|1. Anouk Wiggers may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed
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.
|4. Anouk Wiggers reserves the right to make a delivery conditional upon immediate payment or to require adequate
security for the total amount of the services or products.
|Consequences of late payment|
|1. If the customer does not pay within the agreed term, Anouk Wiggers is entitled to charge an interest of 2% per month
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.
|3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. If the customer does not pay on time, Anouk Wiggers may suspend its obligations until the customer has met his
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.
|6. If the customer refuses to cooperate with the performance of the agreement by Anouk Wiggers, he is still obliged to
pay the agreed price to Anouk Wiggers.
|Suspension of obligations by the customer|
|The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.|
|The customer waives his right to settle any debt to Anouk Wiggers with any claim on Anouk Wiggers.|
|1. The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water
damage as well as theft:
|goods delivered that are necessary for the execution of the underlying agreement
goods being property of Anouk Wiggers that are present at the premises of the customer
goods that have been delivered under retention of title
|2. At the first request of Anouk Wiggers, the customer provides the policy for these insurances for inspection.|
|When parties have entered into an agreement with services included, these services only contain best-effort
obligations for Anouk Wiggers, not obligations of results.
|Performance of the agreement|
|1. Anouk Wiggers executes the agreement to the best of its knowledge and ability and in accordance with the
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.
|Duty to inform by the customer|
|1. The customer shall make available to Anouk Wiggers all information, data and documents relevant to the correct
execution of the agreement to in time and in the desired format and manner.
|2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made
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.
|Duration of the service agreement|
|1. The agreement between Anouk Wiggers and the customer is entered into for an indefinite period of time, unless it
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.
|3. If the parties have agreed upon a term for the completion of certain activities, this is never a strict deadline, unless
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.
|Cancellation of the contract for an indefinite period of time|
|1. The customer can terminate an agreement that has been concluded for an indefinite period at any time with due|
|observance of a notice period of 2 months.
2. A consumer has the right to terminate an agreement for an indefinite period with due observance of a notice period of
|1. Anouk Wiggers retains all intellectual property rights (including copyright, patent rights, trademark rights, design
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.
|1. The client keeps any information he receives (in whatever form) from Anouk Wiggers confidential.
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
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
|which is made public by the customer due 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 the end thereof.
|1. If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then
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.
|3. The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of Anouk
Wiggers including its right to claim compensation in addition to the fine.
|The customer indemnifies Anouk Wiggers against all third-party claims that are related to the products and/or
services supplied by Anouk Wiggers.
|1. The customer must examine a product or service provided by Anouk Wiggers as soon as possible for possible
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
|5. The customer must demonstrate that the complaint relates to an agreement between the parties.|
|6. If a complaint relates to ongoing work, this can in any case not lead to Anouk Wiggers being forced to perform other
work than has been agreed.
|1. The customer must provide any notice of default to Anouk Wiggers in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Anouk Wiggers (in time).
|Joint and several Client liabilities|
|If Anouk Wiggers enters into an agreement with several customers, each of them shall be jointly and severally liable
for the full amounts due to Anouk Wiggers under that agreement.
|Liability of Anouk Wiggers|
|1. Anouk Wiggers is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or
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
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.
|5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only
approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of
|Every right of the customer to compensation from Anouk Wiggers shall, in any case, expire within 12 months after
the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89
Dutch Civil Code.
|1. The customer has the right to dissolve the agreement if Anouk Wiggers imputably fails in the fulfillment of his
obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor
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.
|1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Anouk Wiggers in the fulfillment of
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.
|5. Anouk Wiggers does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any
advantages as a result of the force majeure situation.
|Modification of the agreement|
|If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement
its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
|Changes in the general terms and conditions|
|1. Anouk Wiggers is entitled to amend or supplement these general terms and conditions.
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
|Transfer of rights|
|1. The customer cannot transfer its rights deferring from an agreement with Anouk Wiggers to third parties without the
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.
|Consequences of nullity or annullability|
|1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other
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.
|Applicable law and competent court|
|1. Dutch law is exclusively applicable to all agreements between the parties.
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.
|These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/nl
|Drawn up on 15 augustus 2022.|