Terms of service

GENERAL TERMS AND CONDITIONS Stichting Waste Economic Forum

E-mail: thomas@flicks.media

Website: www.wastejunkiesthefilm.com

Definitions

Stichting Waste Economic Forum Stichting Waste Economic Forum : , established in , Chamber of Commerce

Tuil

no. . 93105428

Customer: the party which Stichting Waste Economic Forum

has entered into an agreement with.

Stichting Waste Economic Forum

Parties: and customer together.

Consumer: a customer who is an individual acting for private purposes.

Applicability

These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of

services or products by or on behalf of .

Stichting Waste Economic Forum

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

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

the customer or of third parties.

Prices

All prices used by Stichting Waste Economic Forum 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 otherwise.

Stichting Waste Economic Forum

is entitled to adjust all prices for its products or services, shown in its shop, on its

website or otherwise, at any time.

The parties agree on a total price for a service provided by Stichting Waste Economic Forum

. This is always a target

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

Stichting Waste Economic Forum

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

If the target price exceeds 10%, Stichting Waste Economic Forum

must let the customer know in due time why a

higher price is justified.

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%.

Stichting Waste Economic Forum

has the right to adjust prices annually.

will communicate price adjustments to the customer prior to the moment the price

increase becomes effective.

The consumer has the right to terminate the contract with Stichting Waste Economic Forum

if he does not agree

with the price increase.

Payments and payment term

Stichting Waste Economic Forum

may, at the conclusion of the agreement, require a down payment of up to 50% of

the agreed amount.

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

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 Stichting Waste Economic

Forum

having to send the customer a reminder or to put him in default.

Stichting Waste Economic Forum

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.Payments and payment term

Products are immediately paid for.

Stichting Waste Economic Forum

may, at the conclusion of the agreement, require a down payment of up to 50% of

the agreed amount.

The customer must pay invoices of within Stichting Waste Economic Forum __________

, unless parties have made

other agreements about this or if the invoice has a different payment term.

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 Stichting Waste Economic

Forum

having to send the customer a reminder or to put him in default.

Stichting Waste Economic Forum

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

If the customer does not pay within the agreed term, is entitled to charge

Stichting Waste Economic Forum an

interest per month for non-commercial transactions and an interest 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.

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

Stichting Waste Economic Forum

compensation to .

The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.

If the customer does not pay on time, Stichting Waste Economic Forum

may suspend its obligations until the

customer has met his payment obligation.

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

of Stichting Waste Economic Forum

on the customer are immediately due and payable.

If the customer refuses to cooperate with the performance of the agreement by Stichting Waste Economic Forum

, he

Stichting Waste Economic Forum

is still obliged to pay the agreed price to .

Right of recovery of goods

As soon as the customer is in default, Stichting Waste Economic Forum

is entitled to invoke the right of recovery

with regard to the unpaid products delivered to the customer.

Stichting Waste Economic Forum

invokes the right of recovery by means of a written or electronic announcement.

As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return

the products concerned to Stichting Waste Economic Forum

, unless the parties agree to make other arrangements

about this.

The costs for the collection or return of the products are at the expense of the customer.

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 product has not been used

it is not a product that can spoil quickly, like food or flowers

the product is not specially tailored for the consumer or adapted to its special needs

it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)

the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)

the service does not concern accommodation, travel, restaurant business, transport, catering assignment or

form of leisure activity

the product is not a separate magazine or a loose newspaper

the purchase does not concern an (assignment to) urgent repairit does not concern a service that is fully performed with the consent of the customer within the 14 calendar

days right of withdrawel period and the consumer has not renounced his right of withdrawal

The cooling-off period of 14 days as referred to in paragraph 1 commences:

on the day after the consumer has received the last product or part of 1 order

as soon as the consumer has received the first the product of a subscription

as soon as the consumer has purchased a service for the first time

as soon as the consumer has confirmed the purchase of digital content via the internet

The consumer can notify his right of withdrawal via thomas@flicks.media

, if desired by using the withdrawal form

that can be downloaded via the website of , .

Stichting Waste Economic Forum www.wastejunkiesthefilm.com

The consumer is obliged to return the product to Stichting Waste Economic Forum

within 14 days after the

notification of his right of withdrawal, after which period his right of withdrawal will lapse.

Reimbursement of delivery costs

If the purchase costs and any other costs (such as delivery costs) are eligible for reimbursement according to the

law, Stichting Waste Economic Forum

will refund these costs to the consumer within 14 days of receipt of the

timely appeal to the right of withdrawal, provided that the consumer has returned the product to Stichting Waste

Economic Forum

in time.

The costs for return are only reimbursed by Stichting Waste Economic Forum

if the complete order is returned.

Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the

complete order will be borne by the consumer.

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

Stichting Waste Economic Forum

can appeal to his right of retention of title and in that case retain the products sold

by Stichting Waste Economic Forum

to the customer until the customer has paid all outstanding invoices with

regard to Stichting Waste Economic Forum

, unless the customer has provided sufficient security for these payments.

The right of retention of title also applies on the basis of previous agreements from which the customer still owes

payments to .

Stichting Waste Economic Forum

is never liable for any damage that the customer may suffer as a result of using

his right of retention of title.

Settlement

The customer waives his right to settle any debt to Waste Economic Forum

Stichting Waste Economic Forum Stichting

with any claim on

Retention of title

Stichting Waste Economic Forum

remains the owner of all delivered products until the customer has fully complied

with all its payment obligations with regard to Stichting Waste Economic Forum

under whatever agreement with

Stichting Waste Economic Forum

including of claims regarding the shortcomings in the performance.

Until then, Stichting Waste Economic Forum

can invoke its retention of title and take back the goods.

Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise

encumber the products.

4.4.

If invokes its retention of title, the agreement will be dissolved and

Stichting Waste Economic Forum Stichting

Waste Economic Forum

has the right to claim compensation, lost profits and interest.

Delivery

Delivery takes place while stocks last.

Delivery takes place at Stichting Waste Economic Forum

unless the parties have agreed upon otherwise.

Delivery of products ordered online takes place at the address indicated by the customer.

If the agreed price is not paid on time, Stichting Waste Economic Forum

has the right to suspend its obligations

until the agreed price is fully paid.

In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery

Stichting Waste Economic Forum

by .

Delivery period

Any delivery period specified by Stichting Waste Economic Forum

is indicative and does not give the customer the

right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise

in writing.

The delivery starts once the customer has fully completed the (electronic) ordering process and received an

(electronic) confirmation of his order from Stichting Waste Economic Forum

Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the

contract, unless Stichting Waste Economic Forum

cannot deliver within 14 days after the customer has urged him to

do so in writing or if the parties have agreed upon otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport costs

Transport costs are paid by the customer, unless the parties have agreed upon otherwise.

Packaging and shipping

If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the

forwarder or delivery person before receiving the product. In the absence of which Stichting Waste Economic Forum

may not be held liable for any damage.

If the customer himself takes care of the transport of a product, he must report any visible damage to products or the

packaging prior to the transport to Stichting Waste Economic Forum , failing which

Stichting Waste Economic

Forum

cannot be held liable for any damage.

Insurance

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 Stichting Waste Economic Forum

that are present at the premises of the customer

goods that have been delivered under retention of title

At the first request of inspection.

Stichting Waste Economic Forum

, the customer provides the policy for these insurances for

Storage

1.1.

If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the

customer.

Any extra costs as a result of premature or late purchase of products are entirely at the customer's expense.

Guarantee

When parties have entered into an agreement with services included, these services only contain best-effort

obligations for Stichting Waste Economic Forum

, not obligations of results.

The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.

The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes

made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be

established.

The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass

on to the customer when these products are legally and/or factually delivered, at least are in the power of the

customer or of a third party who receives the product for the benefit of the customer.

Performance of the agreement

Stichting Waste Economic Forum

executes the agreement to the best of its knowledge and ability and in accordance

with the requirements of good workmanship.

Stichting Waste Economic Forum

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

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

possibly agreed advance by the customer.

It is the responsibility of the customer that Stichting Waste Economic Forum

can start the implementation of the

agreement on time.

If the customer has not ensured that Stichting Waste Economic Forum

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

The customer shall make available to Stichting Waste Economic Forum

all information, data and documents

relevant to the correct execution of the agreement to in time and in the desired format 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 otherwise ensuing from the nature of the agreement.

If and insofar as the customer requests this, Stichting Waste Economic Forum

will return the relevant documents.

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

Stichting Waste Economic Forum

and the execution of the agreement is delayed because of this, the resulting

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

Cancellation of the contract for an indefinite period of time

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 .

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

of 1 month.

Indemnity

The customer indemnifies Stichting Waste Economic Forum

products and/or services supplied by .

Stichting Waste Economic Forum

against all third-party claims that are related to the

Complaints

1.1.

The customer must examine a product or service provided by Stichting Waste Economic Forum

as soon as possible

for possible shortcomings.

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

agreement, the customer must inform Stichting Waste Economic Forum

of this as soon as possible, but in any case

within 1 month after the discovery of the shortcomings.

Consumers must inform Stichting Waste Economic Forum

of this within two months after detection of the

shortcomings.

The customer gives a detailed description as possible of the shortcomings, so that Stichting Waste Economic Forum

is able to respond adequately.

The customer must demonstrate that the complaint relates to an agreement between the parties.

If a complaint relates to ongoing work, this can in any case not lead to Stichting Waste Economic Forum

being

forced to perform other work than has been agreed.

Giving notice

The customer must provide any notice of default to Stichting Waste Economic Forum

It is the responsibility of the customer that a notice of default actually reaches time).

in writing.

Stichting Waste Economic Forum

(in

Joint and several Client liabilities

If Stichting Waste Economic Forum

and severally liable for the full amounts due to enters into an agreement with several customers, each of them shall be jointly

Stichting Waste Economic Forum

under that agreement.

Liability of Stichting Waste Economic Forum

Stichting Waste Economic Forum

is only liable for any damage the customer suffers if and insofar as this damage is

caused by intent or gross negligence.

If Stichting Waste Economic Forum

is liable for any damage, it is only liable for direct damages that results from or

is related to the execution of an agreement.

Stichting Waste Economic Forum

is never liable for indirect damages, such as consequential loss, lost profit, lost

savings or damage to third parties.

If Stichting Waste Economic Forum

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.

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

any obligation.

Expiry period

Every right of the customer to compensation from Stichting Waste Economic Forum

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.

Dissolution

The customer has the right to dissolve the agreement if Stichting Waste Economic Forum

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 significance.

If the fulfillment of the obligations by impossible, dissolution can only take place after Stichting Waste Economic Forum

is not permanent or temporarily

Stichting Waste Economic Forum

is in default.

3.3.

Stichting Waste Economic Forum

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 Stichting Waste Economic

Forum

good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force majeure

In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Stichting Waste Economic Forum

the fulfillment of any obligation to the customer cannot be attributed to Stichting Waste Economic Forum

in any

situation independent of the will of Stichting Waste Economic Forum

, 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 .

Stichting Waste Economic Forum

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.

If a situation of force majeure arises as a result of which Stichting Waste Economic Forum

cannot fulfill one or

more obligations towards the customer, these obligations will be suspended until Stichting Waste Economic Forum

can comply with it.

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.

Stichting Waste Economic Forum

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

Stichting Waste Economic Forum

is entitled to amend or supplement these general terms and conditions.

Changes of minor importance can be made at any time.

Major changes in content will be discussed by Stichting Waste Economic Forum

with the customer in advance as

much as possible.

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

conditions.

Transfer of rights

The customer cannot transfer its rights deferring from an agreement with Stichting Waste Economic Forum

to third

parties without the prior written consent of .

Stichting Waste Economic Forum

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

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.

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

Stichting Waste Economic Forum

had in mind when drafting the conditions on that issue.

Applicable law and competent court

Dutch law is exclusively applicable to all agreements between the parties.

2.2. The Dutch court in the district where Stichting Waste Economic Forum

case of any disputes between parties, unless the law prescribes otherwise.

is established is exclusively competent in

Attribution

These terms and conditions were created using a document from Rocket Lawyer

(https://www.rocketlawyer.com/nl

/nl).

17 okto

Terms of service

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