Terms and Conditions | General Terms and Conditions
General Terms and Conditions (See English version below)
Article 1. General
Article 2. Offers and conclusion of agreements
Article 3. Prices/Price Increase
Article 4. Delivery
Article 5. Delivery time
Article 6. Inspection Period and Termination
Article 7. Force Majeure
Article 8. Warranty
Article 9. Payment
Article 10. Retention of title
Article 11. Privacy
Article 12. Intellectual property rights
Article 13. Applicable law
Article 14. Disputes
Article 15. Amendments
Article 1. General
1.1 'CLIC CREATIONS BV' is registered with the Chamber of Commerce under number 72017031 | VAT NL858946464B01.
1.2 These terms and conditions form part of all offers from and agreements with CLIC CREATIONS BV, unless expressly deviated from in writing.
1.3 These terms and conditions also apply if CLIC CREATIONS BV needs to engage third parties to execute agreements.
1.4 Unless otherwise agreed in writing, general or specific terms or conditions of third parties are not recognized by CLIC CREATIONS BV.
1.5 In the event that the terms and conditions and an agreement contain conflicting clauses, the agreement shall prevail.
1.6 If any part of the terms and conditions is void or annulled, the remaining provisions of the terms and conditions will remain in full force and effect and the parties will be bound to make every effort to agree on a replacement provision that is valid and approximates the original intentions of the parties as closely as possible.
Article 2. Offers and conclusion of agreements
2.1 All offers are without obligation, unless expressly stated otherwise by CLIC CREATIONS BV.
2.2 Agreements for the delivery of goods are only binding on CLIC CREATIONS BV after written confirmation. Actual execution by CLIC CREATIONS BV or an invoice sent by CLIC CREATIONS BV constitutes written confirmation of the offer.
2.3 If the accuracy of the content of this written confirmation is not disputed in writing within 8 days, CLIC CREATIONS BV and the purchaser will be bound by it.
2.4 Offers from CLIC CREATIONS BV do not automatically apply to repeat orders.
2.5 CLIC CREATIONS BV cannot be held to its offer if the buyer should have understood that the offer, or a part thereof, contained an obvious error or typo.
2.6 Additions, amendments and/or further agreements are only valid if agreed in writing.
Article 3. Prices/Price Increase
3.1 All prices are expressed in Euros, inclusive of sales tax (VAT), unless otherwise stated.
3.2 CLIC CREATIONS BV's prices may be subject to fluctuations in the price of raw materials (precious) metals on the global market. Fluctuations in these market prices can therefore periodically lead to price increases. CLIC CREATIONS BV reserves the right to implement a price increase for these reasons, even if the goods have already been ordered and are on "delivery" or "backorder."
3.3 In the event of a price increase between the time the agreement is concluded and delivery, the customer has the right to cancel the distance contract as of the date the price increase takes effect. This right expires 10 days after CLIC CREATIONS BV notifies the customer of the price increase.
3.4 The provisions of Article 3.2 do not apply if the price increase is the result of statutory regulations and/or provisions.
3.5 All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect price.
Article 4. Delivery
4.1 If items are in stock, they will be shipped immediately after ordering. For consumers, orders will be shipped immediately after payment is received. CLIC CREATIONS BV may charge shipping costs for shipping ordered items. Ordered items will be delivered to the postal address known to CLIC CREATIONS BV, which is not a temporary address, and will be delivered to the natural person present at the delivery address.
4.2 The buyer must sign for receipt of the products. This is only different if the buyer has legal grounds for refusal.
4.3 If the purchaser refuses to accept delivery or fails to provide information or instructions necessary for delivery, the items will be stored at the purchaser's expense and risk.
4.4 CLIC CREATIONS BV's delivery obligation will be fulfilled, unless proven otherwise, once the goods delivered by CLIC CREATIONS BV have been offered to the customer once. In the case of home delivery, the carrier's report, containing the refusal of acceptance, constitutes full proof of the offer of delivery, unless proven otherwise.
4.5 In the event of refusal of the offered goods, return freight and storage costs, as well as the risk of damage or loss of the refused goods, shall be borne entirely by the purchaser, unless the purchaser has good reason to invoke the right to cancel the purchase or to replace the goods.
Article 5. Delivery time
5.1 A delivery time specified by CLIC CREATIONS BV is never to be considered a strict deadline. The delivery time only commences after all necessary information is in CLIC CREATIONS BV's possession, after which CLIC CREATIONS BV will endeavor to deliver within 30 days.
5.2 In accordance with the rules of distance selling, CLIC CREATIONS BV (contractor) will fulfill orders expeditiously, but at least within 30 days. If this is not possible (because the ordered item is out of stock or no longer available), or if there is a delay for other reasons, or if an order cannot be fulfilled or can only be partially fulfilled, the buyer (client) will receive notification within one month of placing the order, and in that case, they have the right to cancel the order without charge and without notice of default.
Article 6. Inspection Period and Termination
6.1 The buyer has the right to cancel the agreement for delivered goods based on an order with CLIC CREATIONS BV within 7 business days without giving any reason, in accordance with Article 7:5 of the Dutch Civil Code, unless expressly agreed otherwise. This period commences at the moment the ordered goods are delivered. If the buyer has not returned the delivered goods to CLIC CREATIONS BV after this period, the purchase is final. Before returning the goods, the buyer is obligated to notify CLIC CREATIONS BV of this within 7 business days of delivery. The buyer must prove that the delivered goods were returned on time (no later than 10 business days after delivery), for example, by means of proof of postal delivery. The return of the delivered goods is entirely at the buyer's expense and risk. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered, or damaged in any way by the buyer, the right of cancellation as defined in this clause shall lapse. Subject to the provisions of the previous sentence, CLIC CREATIONS BV will immediately confirm the cancellation of the purchase after receiving and inspecting the returned goods and will ensure that the full purchase price is refunded to the buyer free of charge within 30 days of receipt of the complete return shipment.
6.2 Without prejudice to the rights of CLIC CREATIONS BV under the law, CLIC CREATIONS BV is entitled to suspend or terminate the agreement in whole or in part by means of a written statement to that effect to the purchaser, with the right to compensation from the purchaser if, after the conclusion of the agreement, CLIC CREATIONS BV becomes aware of circumstances that give CLIC CREATIONS BV good reason to fear that the purchaser will not fulfil their obligations or if CLIC CREATIONS BV has requested security for performance upon conclusion of the agreement and this security is not provided or is insufficient (despite a formal notice), as well as in the event of bankruptcy of the purchaser, a petition for bankruptcy by the purchaser, suspension of payments, liquidation or a decision thereto, full or partial transfer of the purchaser’s company or seizure of any part of its assets.
6.3 If circumstances arise with regard to persons and/or materials used or customarily used by CLIC CREATIONS BV in the performance of the agreement, which are of such a nature that the performance of the agreement becomes impossible or so difficult and/or disproportionately expensive that compliance with it can no longer reasonably be required, CLIC CREATIONS BV is entitled to terminate the agreement.
Article 7. Force Majeure
7.1 Force majeure is understood to mean, in addition to what is understood in law and case law, all circumstances over which CLIC CREATIONS BV has no influence and which hinder or make the delivery of goods impossible, including but not limited to strikes at CLIC CREATIONS BV and/or suppliers, disruptions in the internet or WAP, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties.
7.2 An appeal to force majeure may also be made if the circumstance that prevents (further) compliance occurs after CLIC CREATIONS BV should have fulfilled the obligation.
7.3 If the period during which CLIC CREATIONS BV is unable to fulfil its obligations due to force majeure lasts longer than 2 weeks, both parties are entitled to terminate the agreement without any obligation to pay damages.
7.4 If, upon the occurrence of force majeure, CLIC CREATIONS BV has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice separately for the part already delivered or the part that can be delivered, and the buyer is obligated to pay this invoice as if it were a separate contract. This does not apply, however, if the part already delivered or the part that can be delivered has no independent value.
Article 8. Warranty
8.1 CLIC CREATIONS BV offers a 6-month warranty after purchase of the goods. However, if damage occurs due to improper handling of the jewelry, our warranty does not cover these costs.
8.2 CLIC CREATIONS BV is never responsible for the ultimate suitability of the products for each individual application by the purchaser, nor for any advice regarding the use or application of the products.
8.3 The buyer is obligated to inspect the delivered goods immediately upon receipt. If the delivered goods appear to be incorrect, defective, or incomplete, the buyer must immediately report these defects to CLIC CREATIONS BV in writing or by email (before returning them to CLIC CREATIONS BV). The goods must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. Use after discovering a defect, damage occurring after discovering a defect, encumbering and/or reselling after discovering a defect, will completely void the right to make a complaint and return the goods.
8.4 If CLIC CREATIONS BV finds the customer's complaints to be justified, CLIC CREATIONS BV will, at its discretion, either replace the delivered goods free of charge or make a written arrangement with the customer regarding compensation, provided that CLIC CREATIONS BV's liability, and therefore the amount of compensation, is always limited to the invoice amount of the goods in question, or (at CLIC CREATIONS BV's discretion) to the maximum amount covered by CLIC CREATIONS BV's liability insurance in the relevant case. Any liability of CLIC CREATIONS BV for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential damage, or damage due to lost profits.
8.5 CLIC CREATIONS BV is not liable for damage caused intentionally or by gross negligence of non-managerial staff.
8.6 This warranty does not apply if: A) and for as long as the purchaser is in default towards CLIC CREATIONS BV; B) the purchaser has repaired and/or processed the delivered goods themselves or has had them repaired and/or processed by third parties. C) the delivered goods have been exposed to abnormal conditions or have otherwise been treated carelessly or have been treated contrary to the instructions of CLIC CREATIONS BV and/or the instructions for use on the packaging; D) the defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used;
Article 9. Payment
9.1 Unless otherwise agreed, payment must be made immediately upon completion of the order using one of the offered payment methods. If payment is made by bank transfer, the date of payment is the date on which CLIC CREATIONS BV's bank account is credited. Payment must always be made before delivery, within 10 days of placing the order. Payment in installments is not possible.
9.2 After 10 days have elapsed after the invoice/order date, the buyer is legally in default and from that moment onwards owes interest of 1% per month on the amount due, unless the statutory interest is higher, in which case the statutory interest applies, whereby a part of a month is counted as a full month.
9.3 In the event of bankruptcy or suspension of payment by the purchaser or an application thereto, the claims of CLIC CREATIONS BV and the obligations of the purchaser towards CLIC CREATIONS BV are immediately due and payable.
9.4 If CLIC CREATIONS BV has to outsource its claim for collection, the buyer owes a fixed amount of 15% of the amount owed in extrajudicial collection costs, with a minimum amount of 250 euros.
9.5 If CLIC CREATIONS BV can demonstrate that it has incurred higher costs that were reasonably necessary, these will also be eligible for reimbursement.
Article 10. Retention of title
10.1 The ownership of all goods sold and delivered by CLIC CREATIONS BV to the purchaser remains with CLIC CREATIONS BV as long as the purchaser has not paid the claims of CLIC CREATIONS BV under the agreement or previous or subsequent similar agreements, as long as the purchaser has not yet paid for the work performed or yet to be performed under this or similar agreements and as long as the purchaser has not yet paid the claims of CLIC CREATIONS BV due to failure to fulfill such obligations, including claims relating to fines, interest and costs, all as referred to in Article 3:92 of the Dutch Civil Code.
10.2 Items delivered by CLIC CREATIONS BV that are subject to retention of title may only be resold in the course of normal business operations and may never be used as a means of payment.
10.3 The purchaser is not authorised to pledge or otherwise encumber the items subject to the retention of title.
10.4 If third parties seize goods delivered under retention of title or wish to establish or assert rights thereto, the purchaser is obliged to inform CLIC CREATIONS BV as soon as can reasonably be expected.
Article 11. Privacy
11.1 CLIC CREATIONS BV respects the privacy of online visitors to its website and is the sole owner of the information obtained through this website, unless otherwise indicated. CLIC CREATIONS BV does not sell, share, or rent this information to third parties. However, CLIC CREATIONS BV is authorized to release user information if required by law.
11.2 Information that can be used to identify an online visitor to the CLIC CREATIONS BV website is provided voluntarily by the visitor. This information may be used within CLIC CREATIONS BV to make visits to our websites as easy and enjoyable as possible. The customer explicitly consents to this.
11.3 Personal data will be deleted as soon as possible at the request of the online visitor.
Article 12. Intellectual property rights
12.1 Unless expressly agreed otherwise in writing, all copyrights and other intellectual and industrial property rights relating to the goods or services supplied by CLIC CREATIONS BV, such as trademark rights, design rights, patent rights, sui generis database rights, etc., belong exclusively to CLIC CREATIONS BV and/or its suppliers. Producing (or commissioning) goods that (strongly) resemble CLIC CREATIONS BV's designs is therefore expressly prohibited by law. Individuals or companies that fail to comply will be prosecuted.
12.2 The Parties undertake to take sufficient measures to ensure confidentiality with regard to each other's data of a confidential nature of which they become aware during the performance of the Agreement.
Article 13. Applicable law
All legal relationships in which CLIC CREATIONS BV is a party are governed exclusively by Dutch law, even if an obligation is performed in whole or in part abroad or if the party involved in the legal relationship resides there. The applicability of the Vienna Sales Convention is excluded.
Article 14. Disputes
14.1 The buyer can submit questions and/or complaints by email to CLIC CREATIONS BV via info@cliccreations.nl or by post to CLIC CREATIONS BV, Atelier address:
Duizeldonksestraat 20, 5705 CA Helmond. Complaints will be handled as quickly as possible, but no later than within 30 days. If this is not possible for any reason, the customer will be informed of the duration of the delay. Complaints must always include the customer's name, address, and place of residence.
Article 15. Amendments
15.1 These terms and conditions have been filed with the Chamber of Commerce of Brabant. The Dutch text of these terms and conditions shall always prevail over their interpretation.
15.2 Changes to these terms and conditions will only become effective after they have been published on the CLIC Creations BV website, with the understanding that in the event of applicable changes during the term of an offer, the provision most favorable to the buyer will prevail.
English Version
Terms and Conditions
Article 1. General
Article 2. Offers and formation of agreements
Article 3. Prices / Price increase
Article 4. Delivery
Article 5. Delivery time
Article 6. Visibility period and Dissolution
Article 7. Force majeure
Article 8. Warranty
Article 9. Payment
Article 10. Retention of title
Article 11. Privacy
Article 12. Intellectual property rights
Article 13. Applicable law
Article 14. Disputes
Article 15. Changes
Article 1. General
1.1 'CLIC CREATIONS BV' is registered with the Chamber of Commerce under number 72017031 | VAT NL858946464B01.
1.2 These conditions are part of all offers and agreements with CLIC CREATIONS BV insofar as not expressly deviated from in writing.
1.3 These conditions also apply if CLIC CREATIONS BV for the execution of agreements must engage third parties.
1.4 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not provided by CLIC CREATIONS BV recognized.
1.5 In the event that the conditions and an agreement contain contradiction clauses, the agreement shall prevail.
1.6 If any part of the conditions is void or is nullified, the other provisions of the terms and conditions will remain in full force and parties will be bound to make an effort to determine in good consultation a replacement clause that is valid and the original intentions. approaching parties as much as possible.
Article 2. Offers and formation of agreements
2.1 All offers are without obligation, unless explicitly stated otherwise by CLIC CREATIONS BV ..
2.2 Contracts for the delivery of goods bind CLIC CREATIONS BV first after written confirmation. Actual implementation by CLIC CREATIONS BV or a by CLIC CREATIONS BV sent invoice is equivalent to a written confirmation of the offer.
2.3 If the accuracy of the content of this written confirmation is not disputed within 8 days, also in writing, CLIC CREATIONS BV and customer bound to this.
2.4 Offers from CLIC CREATIONS BV do not automatically apply to repeat orders.
2.5 CLIC CREATIONS BV cannot be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or error.
2.6 Additions, changes and/or further agreements are only valid if agreed in writing.
Article 3. Prices / Price increase
3.1 All prices are expressed in euros, including sales tax (VAT), unless otherwise indicated.
3.2 The prices of CLIC CREATIONS BV are potentially subject to the raw material price changes of (precious) metals on the world market. Fluctuations in these market prices can therefore periodically lead to price increases. CLIC CREATIONS BV has the right to make a price increase on these grounds, even if the goods have already been ordered and have the status "to deliver" or "backorder".
3.3 In the event of a price increase between the moment of the conclusion of the agreement and delivery, the customer has the right to terminate the distance contract on the day on which the price increase takes effect. This right expires 10 days after CLIC CREATIONS BV has notified the price increase to the customer.
3.4 The article mentioned in article 3.2 does not apply if the price increase is the result of statutory regulations and / or provisions.
3.5 All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Article 4. Delivery
4.1 If items are available from stock, they will be sent immediately after ordering. In the case of consumers, the order will be sent immediately after receipt of the payment. CLIC CREATIONS BV can be used for sending ordered items. charge shipping costs. The delivery of ordered items takes place at CLIC CREATIONS BV known postal address, not being of a temporary nature, and issued to the natural person at the delivery address.
4.2 The customer must sign for receipt of the products. This is only different if the customer has grounds for refusal based on the law.
4.3 If the customer refuses the purchase or is negligent with the provision of information or instructions necessary for the delivery, the articles will be stored at the expense and risk of the buyer.
4.4 The delivery obligation of CLIC CREATIONS BV will, subject to proof to the contrary, be paid as soon as CLIC CREATIONS BV delivered goods were once offered to the customer. In the case of home delivery, the report of the carrier, which implies the refusal of acceptance, serves as full proof of the delivery offer, subject to proof to the contrary.
4.5 In the event of refusal of the offered goods return freight and storage costs, as well as the risk of damage or loss of the refused goods, will be entirely at the expense of the customer, unless the customer is entitled to dissolution of the purchase or replacement of the case. calls.
Article 5. Delivery time
5.1 A by CLIC CREATIONS BV specified delivery time can never be regarded as a deadline. The delivery time starts first after all necessary data are in the possession of CLIC CREATIONS BV, after which CLIC CREATIONS BV will try to make delivery within 30 days.
5.2 CLIC CREATIONS BV will be part of the rules of distance selling. (contractor) take orders with due speed, but at least within 30 days. If this is not possible (because the order is not in stock or no longer available), or there is a delay for other reasons, or an order can not or only partially be executed, then the customer (client) will receive within 1 month after placing of the order message and in that case he has the right to cancel the order without costs and notice of default.
Article 6. Visibility period and Dissolution
6.1 The customer has the right to order goods delivered on the basis of an order at CLIC CREATIONS BV pursuant to article 7: 5 Dutch Civil Code, to dissolve the agreement within a period of 7 working days without giving any reason, unless expressly agreed otherwise. This period starts at the moment the ordered items are delivered. If after the end of this period the customer does not deliver the goods delivered to CLIC CREATIONS BV has returned, the sale is a fact. The customer is obliged, before proceeding to return, within the period of 7 working days after delivery to report to CLIC CREATIONS BV The customer must prove that the delivered goods are returned in time (no later than 10 working days after delivery), for example by means of proof of mail delivery. The return of the delivered goods is entirely at the expense and risk of the buyer. Return of the goods must be in the original packaging (including accessories and accompanying documentation) and in a new condition. If the goods have been used by the customer, encumbered or damaged in any way, the right to dissolution within the meaning of this paragraph will lapse. With due observance of the provisions in the previous sentence, CLIC CREATIONS BV After receipt and verification of the returned goods the dissolution of the purchase by return and ensures that within 30 days after good receipt of the complete return, the full purchase amount will be refunded to the customer free of charge.
6.2 Without prejudice to the rights of CLIC CREATIONS BV according to the law CLIC CREATIONS BV entitled to suspend or terminate the agreement in whole or in part by means of a written statement to that end, with the right to compensation to the buyer if CLIC CREATIONS BV circumstances that CLIC CREATIONS BV give good grounds to fear that the customer will not fulfill his obligations or if CLIC CREATIONS BV at the conclusion of the agreement asked to provide security for the fulfillment and this security remains or is insufficient (in spite of summons) as well as in case of bankruptcy of the buyer, an own request for bankruptcy by the buyer, suspension of payment, liquidation or a decision to this end, full or partial transfer of the business of the buyer or confiscation of any part of his assets.
6.3 If circumstances arise with regard to persons and / or materials of which CLIC CREATIONS BV engages in the performance of the agreement or commits to operate, which are of such a nature that the execution of the agreement becomes impossible or so objectionable and / or disproportionately expensive that compliance with it cannot reasonably be expected, CLIC CREATIONS BV is authorized to terminate the agreement.
Article 7. Force majeure
7.1 Force majeure is understood in addition to that which is understood in the law and jurisprudence, all circumstances on which CLIC CREATIONS BV has no influence and which impedes the delivery of goods or makes them impossible, including but not limited to strike work at CLIC CREATIONS BV and / or suppliers, faults in the Internet or WAP, faults in the electricity, disturbances in e-mail traffic and faults or changes in technology provided by third parties.
7.2 An appeal to force majeure can also be made if the circumstance that prevents (further) performance occurs after CLIC CREATIONS BV the commitment should have been fulfilled.
7.3 If the period in which, due to force majeure, fulfillment of the obligation by CLIC CREATIONS BV it is not possible to take longer than 2 weeks, both parties are entitled to dissolve the agreement, without there being an obligation to pay compensation in that case.
7.4 If CLIC CREATIONS BV at the onset of the force majeure has partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as if it were a separate contract . However, this does not apply if the already delivered or deliverable part does not have an independent value.
Article 8. Warranty
8.1 CLIC CREATIONS BV offers a warranty of 6 months after purchase of the goods. However, if damage is caused by an incorrect treatment of the piece of jewelry, our guarantee does not cover these costs.
8.2 CLIC CREATIONS BV is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
8.3 The customer is obliged to check the delivered goods immediately upon receipt. If it turns out that the delivered item is wrong, inadequate or incomplete, then the customer must (before proceeding to return to CLIC CREATIONS BV) immediately report these defects in writing or by email to CLIC CREATIONS BV Return of the goods must be made. in the original packaging (including accessories and accompanying documentation) and in a new condition. Commissioning after detection of failure, damage arising after detection of failure, encumbrance and/or resale after detection of defect, does this right to complain and return completely invalid.
8.4 If complaints from the customer are made by CLIC CREATIONS BV found to be well-founded, CLIC CREATIONS BV at its discretion or to replace the delivered goods free of charge or to make a written arrangement regarding the compensation with the customer, on the understanding that the liability of CLIC CREATIONS BV and therefore the amount of compensation is always limited to a maximum of the invoice amount of the goods concerned, or (at CLIC CREATIONS BV's discretion) up to the maximum in the relevant case by the liability insurance of CLIC CREATIONS BV amount covered. Any liability of CLIC CREATIONS BV for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential loss or damage due to lost profits.
8.5 CLIC CREATIONS BV is not liable for damage caused by intent or equivalent conscious recklessness of non-managerial staff.
8.6 This guarantee does not apply if: A) and as long as the customer is obliged to CLIC CREATIONS BV is in default; B) the customer has repaired the delivered goods himself and / or processed or has third parties repaired and / or processed. C) the delivered goods are exposed to abnormal circumstances or otherwise careless handling or contrary to the instructions of CLIC CREATIONS BV and / or directions for use have been treated on the packaging; D) the defect is wholly or partially the result of regulations that the government has made or will make regarding the nature or the quality of the materials used;
Article 9. Payment
9.1 Unless otherwise agreed, the payment must be paid immediately upon completion of the order via one of the offered payment methods. On payment by transfer by bank or giro the date of payment is the date of credit of the giro account of CLIC CREATIONS BV .. Payment must be made at all times for delivery within 10 days after order. Payment in installations is not possible.
9.2 After the expiry of 10 days after the invoice / order date, the customer is legally in default and from that moment an interest of 1% per month on the due amount, unless the statutory interest is higher, in which case the statutory interest applies, where a part of a month is counted for a whole month.
9.3 In the event of bankruptcy or suspension of payment of the customer or an application thereto, the claims of CLIC CREATIONS BV and the obligations of the customer towards CLIC CREATIONS BV immediately due and payable.
9.4 If CLIC CREATIONS BV must hand over its claim for collection, the customer owes a fixed amount of 15% of the owed extrajudicial collection costs, with a minimum amount of 250 euros.
9.5 If CLIC CREATIONS BV can demonstrate that he has incurred higher costs that were reasonably necessary, these are also eligible for reimbursement.
Article 10. Retention of title
10.1 The ownership of all CLIC CREATIONS BV goods sold and delivered to the customer remain with CLIC CREATIONS BV as long as the customer claims CLIC CREATIONS BV by virtue of the agreement or previous or later similar contracts not fulfilled, as long as the customer has not yet performed the work performed or to be performed from these or similar agreements and as long as the customer has the claims of CLIC CREATIONS BV due to shortcomings in the performance of such obligations has not yet paid, including claims in respect of fines, interest and costs, all this as referred to in Section 3:92 Dutch Civil Code.
10.2 The information provided by CLIC CREATIONS BV goods delivered that fall under the retention of title may only be resold within the framework of normal business operations and must never be used as a means of payment.
10.3 The customer is not entitled to pledge the goods falling under the retention of title or encumber them in any other way.
10.4 If third parties seize goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged CLIC CREATIONS BV to be informed as soon as reasonably may be expected.
Article 11. Privacy
11.1 CLIC CREATIONS BV respects the privacy of the online visitors to its website and is the sole owner of the information obtained through this website, unless otherwise indicated. This information is provided by CLIC CREATIONS BV not sold, shared or rented to third parties. CLIC CREATIONS BV is, however, entitled to release information about users if the law so requires.
11.2 Information indicating the identity of an online visitor to the website of CLIC CREATIONS BV can be deduced, is provided voluntarily by the visitor. This information is available within CLIC CREATIONS BV are used for the purpose of making visits to our websites as simple and enjoyable as possible. The customer gives explicit permission for this.
11.3 Personal data will be removed as soon as possible at the request of the online visitor.
Article 12. Intellectual property rights
12.1 Unless expressly agreed otherwise in writing, the full copyrights and all other intellectual and industrial property rights with respect to the rights of CLIC CREATIONS BV goods or services supplied, such as trademark rights, design rights, patent rights, sui generis database rights, etc., exclusively at CLIC CREATIONS BV and / or its suppliers. The (have) produced goods (strong) resembling the models of CLIC CREATIONS BV is therefore expressly prohibited by law. Individuals or companies that do not adhere to this will therefore be prosecuted.
12.2 The parties undertake to take adequate measures to ensure confidentiality with regard to each other data of a confidential nature of which they become aware during the execution of the agreement.
Article 13. Applicable law
In all legal relationships where CLIC CREATIONS BV is a party, only Dutch law applies, even if an obligation is fully or partially executed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
Article 14. Disputes
14.1 The customer can submit questions and / or complaints by email to CLIC CREATIONS BV via info@cliccreations.nl or send by mail to CLIC CREATIONS BV , Duizeldonksestraat 20 5705 CA Helmond The Netherlands. Complaints will be treated as soon as possible, but no later than within 30 days. If this is not possible for any reason, the customer will be informed of the duration of the delay. Complaints must at all times be provided with the name, address and residence details of the customer.
Article 15. Changes
15.1 These terms and conditions have been filed with the Chamber of Commerce Brabant. The Dutch text of these conditions is always decisive for the explanation thereof.
15.2 Changes to these terms and conditions are only valid after they have been posted on the website of CLIC Creations BV have been published, with the provision that with appropriate changes during the term of an offer the most favorable provision for the buyer will prevail.