Algemene voorwaarden

Terms and Conditions Campexx B.V. Email: balie@campexx.com Website: www.campexx.com

1. Campexx B.V.: Campexx B.V., located in Hoogezand, Chamber of Commerce number 93935463.
2. Customer: the person with whom Campexx B.V. has entered into an agreement.

3. Parties: Campexx 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, work, orders, agreements, and deliveries of services or products by or on behalf of Campexx B.V.

  2. Campexx B.V. and the Customer may only deviate from these terms and conditions if this has been agreed in writing.

  3. Campexx B.V. and the Customer expressly exclude the applicability of the Customer's or others' general terms and conditions.


Article 3 - Prices

  1. Campexx 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. Campexx B.V. may always change the prices of its services and products on its website and in other communications.

  3. Increases in the cost prices of products or parts thereof, which Campexx B.V. could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.

  4. The consumer has the right to cancel an agreement due to a price increase as referred to in paragraph 3, unless the increase the increase is the result of a statutory regulation.


Article 4 - Samples and models

  1. If the Customer has received a sample or model of a product, they cannot derive any rights from this other than that it is an indication of the nature of the product, unless it has been agreed in writing that the products to be delivered will correspond to the sample or model.


Article 5 - Payments and payment terms

  1. Campexx B.V. may require a deposit of up to 100% of the agreed amount upon entering into the agreement.

  2. The payment terms applied by Campexx B.V. are strict payment terms. This means that if the Customer has not paid the agreed amount by the last day of the payment term, they are automatically in default and at fault, without Campexx B.V. having to send the Customer a reminder or give notice of default.

  3. Campexx B.V. may make a delivery conditional on immediate payment or demand security for the total amount of the services or products.


Article 6 - Right of reclamation

  1. If the Customer is in default, Campexx B.V. may invoke its right of reclamation with regard to the unpaid products delivered to the Customer.

  2. Campexx B.V. will exercise its right of reclamation by sending a written or electronic notification to the Customer.

  3. As soon as the Customer has been notified of the invoked right of recourse, the Customer must immediately return the products in question to Campexx B.V., unless otherwise agreed in writing.

  4. The Customer shall pay the costs of retrieving or returning the products referred to in paragraph 3.

 

Article 7 - 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 if:
    - the product has been used
    - it is a product that has been specially customized or adapted for the consumer the consumer has waived his right of withdrawal

  2. The 14-day cooling-off period in paragraph 1 begins:
    on the day after the consumer has received the last product or part of an order as soon as the consumer has confirmed that they will purchase digital content via the internet

  3. The consumer can exercise their cooling-off period by sending an email with that subject line to support@campexx.com, possibly using the withdrawal form available on the Campexx B.V. website, www.campexx.com.

  4. The consumer must return the product to Campexx B.V. within 14 days of notifying Campexx B.V. of their right of withdrawal, failing which their right of withdrawal will lapse.


Article 8 - Reimbursement of delivery costs

  1. If the consumer has canceled their purchase in time and returned the entire order to Campexx B.V. in time, Campexx B.V. will reimburse any shipping costs paid by the consumer within 14 days of receiving the timely returned order in full.

  2. The delivery costs will only be borne by Campexx B.V. insofar as the entire order is returned.


Article 9 - Reimbursement of return costs

  1. If the consumer exercises their right of withdrawal and returns the entire order on time, the Customer shall pay the costs thereof.


Article 10 - Right of suspension

  1. Unless the Customer is a consumer, they hereby waive the right to suspend the fulfillment of any obligation arising from this agreement.


Article 11 - Right of retention

  1. Campexx B.V. may exercise its right of retention and, in that case, retain the Customer's products until the Customer has paid all outstanding invoices from Campexx B.V., unless the Customer has provided sufficient security for those costs.


  2. 2.1 The right of retention also applies on the basis of previous agreements under which the Customer still owes money to Campexx B.V.
    2.2 Campexx B.V. is not liable for any damage suffered by the Customer as a result of exercising its right of retention.


Article 12 - Set-off

  1.  Unless the Customer is a consumer, it waives its right to set off a debt owed to Campexx B.V. against a claim against Campexx B.V.


Article 13 - Retention of title

  1. Campexx B.V. remains the owner of all delivered products until the Customer has paid all outstanding invoices from Campexx B.V. relating to an underlying agreement, including claims due to failure to perform.

  2. Until that time in paragraph 1, Campexx B.V. may exercise its retention of title and take back the goods.

  3. Before ownership has been transferred to the Customer, the Customer may not pledge, sell, dispose of, or otherwise encumber the products.

  4. If Campexx B.V. exercises its retention of title, the agreement will be terminated and Campexx B.V. may claim compensation, lost profit, and interest from the Customer.


Article 14 – Delivery

  1. Delivery shall take place while stocks last.

  2. Delivery shall occur at Campexx B.V., unless otherwise agreed.

  3. Delivery of products ordered online shall take place at the address provided by the Customer.

  4. If the Customer fails to pay the agreed amounts in full or on time, Campexx B.V. is entitled to suspend its obligations until payment has been made.

  5. In the event of late payment, the Customer shall be in default as a debtor, and cannot hold Campexx B.V. liable for any resulting delay in delivery.


Article 15 – Delivery Time

  1. The delivery times stated by Campexx B.V. are indicative. If delivery occurs later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.

  2. The delivery period begins when the Customer has completed the order process in full and has received confirmation from Campexx B.V.

  3. The Customer shall not be entitled to any compensation or dissolution of the agreement in case of late delivery by Campexx B.V., unless this has been expressly agreed in writing, or if Campexx B.V. fails to deliver within 60 days after having been given written notice, or if the parties have agreed otherwise.


Article 16 – Actual Delivery

  1. The Customer must ensure that the actual delivery of the ordered products can take place in a timely manner.


Article 17 – Transport Costs

  1. The Customer shall bear the transport costs, unless otherwise agreed in writing between the Customer and Campexx B.V.

 

Article 18 – Packaging and Shipment

  1. If the packaging of a delivered product is opened or damaged, the Customer must have a note of this made by the carrier before accepting the product.
     If the Customer fails to do so, Campexx B.V. cannot be held liable for any damage.

  2. If the Customer arranges the transport of a product themselves, they must report any visible damage to the products or packaging to Campexx B.V. before transport.
    Failure to do so releases Campexx B.V. from any liability for damages.


Article 19 – Insurance

  1. The Customer must adequately insure and keep insured the following against fire, explosion, water damage, theft and other risks:

  • Delivered goods necessary for the execution of the underlying agreement

  • Items belonging to Campexx B.V. that are present at the Customer’s premises

  • Items delivered under retention of title

  1. Upon first request, the Customer shall provide Campexx B.V. with proof of such insurance policies.


Article 20 – Storage

  1. If the Customer collects the ordered products later than the agreed delivery date, any risk of loss of quality shall be entirely borne by the Customer.

  2. Any additional costs resulting from early or late collection of products shall be fully borne by the Customer.


Article 21 – Warranty

  1. The warranty on products only applies to defects caused by faulty manufacturing, construction, or materials.

  2. The warranty does not apply in the following cases:

  • Normal wear and tear

  • Damage resulting from accidents

  • Damage caused by modifications made to the product

  • Damage due to negligence or improper use by the Customer

  • When the cause of the defect cannot be clearly determined

  1. The risk of loss, damage, or theft of products that are the subject of an agreement between the parties transfers to the Customer at the moment they are legally and/or physically delivered, or come under the control of the Customer or a third party receiving the product on behalf of the Customer.


Article 22 – Indemnification

  1. The Customer shall indemnify Campexx B.V. against all third-party claims related to the products and/or services supplied by Campexx B.V.


Article 23 – Complaints

  1. The Customer must inspect any product or service supplied by Campexx B.V. as soon as possible for possible deficiencies.

  2. If a product or service does not meet what the Customer could reasonably expect, the Customer must notify Campexx B.V. within one (1) month after discovering the deficiency.

  3. A consumer must notify Campexx B.V. no later than two (2) months after discovering the deficiency.


  4. 4.1 The Customer must provide as detailed a description as possible of the defect to enable Campexx B.V. to respond appropriately.
    4.2 The Customer must be able to prove that the complaint relates to an agreement between the Customer and Campexx B.V.
    4.3 If a complaint concerns ongoing work, the Customer cannot demand that Campexx B.V. perform work other than that which was agreed upon.


Article 24 – Notice of Default

  1. Any notice of default from the Customer must be made in writing to Campexx B.V.

  2. The Customer is responsible for ensuring that such notice actually reaches Campexx B.V. in time.


Article 25 – Customer Liability

  1. If Campexx B.V. enters into an agreement with multiple Customers, each of them is jointly and severally liable for fulfilling the obligations arising from that agreement.


Article 26 – Liability of Campexx B.V.

  1. Campexx B.V. is only liable for damages suffered by the Customer if such damages are the result of intent or deliberate recklessness.

  2. If Campexx B.V. is liable for damages, such liability shall only extend to direct damages related to the execution of the underlying agreement.

  3. Campexx B.V. shall not be liable for indirect damages, including consequential loss, loss of profit, or damage to third parties.

  4. If Campexx B.V. is liable, such liability is limited to the amount paid out under its (professional) liability insurance. If no insurance has been taken out, or no payment is made under such policy, liability shall be limited to the (portion of the) invoice amount to which the liability relates.

  5. All images, photos, colours, drawings, and descriptions on the website or in any catalogue are indicative only and cannot give rise to any compensation, dissolution, or suspension.


Article 27 – Limitation Period

  1. Any right of the Customer to compensation from Campexx B.V. shall expire 12 months after the event that directly or indirectly gave rise to the liability. This does not affect the provisions of Article 6:89 of the Dutch Civil Code.


Article 28 – Dissolution

  1. The Customer may dissolve the agreement if Campexx B.V. is in attributable breach of its obligations, unless such breach is minor or of a special nature that does not justify dissolution.

  2. If performance by Campexx B.V. is still possible, dissolution can only occur after Campexx B.V. has been declared in default.

  3. Campexx B.V. may dissolve the agreement with the Customer if the Customer fails to fulfil their contractual obligations in full or on time, or if Campexx B.V. becomes aware of circumstances giving reasonable grounds to believe that the Customer will not fulfil those obligations.


Article 29 – Force Majeure

  1. In addition to Article 6:75 of the Dutch Civil Code, any failure by Campexx B.V. to perform shall not be attributable if it is due to force majeure.

  2. Force majeure includes, but is not limited to:

  • States of emergency such as civil war or natural disasters

  • Non-performance or force majeure by suppliers, delivery services, or others

  • Power, electricity, internet, computer, or telecommunication failures

  • Computer viruses

  • Strikes

  • Government measures

  • Transportation problems

  • Severe weather conditions

  • Work interruptions

  1. If a force majeure situation prevents Campexx B.V. from fulfilling one or more obligations towards the Customer, those obligations shall be suspended until performance becomes possible again.

  2. If a force majeure situation lasts for at least 30 calendar days, both Campexx B.V. and the Customer may dissolve the agreement in whole or in part in writing.

  3. Campexx B.V. shall not owe any compensation to the Customer in the event of force majeure, even if Campexx B.V. derives a benefit from it.


Article 30 – Amendment of the Agreement

  1. If necessary for the execution of the agreement, the Customer and Campexx B.V. may amend the agreement.


Article 31 – Amendment of General Terms and Conditions

  1. Campexx B.V. may amend these general terms and conditions.

  2. Campexx B.V. may always make minor changes.

  3. Significant amendments shall be discussed with the Customer as much as possible in advance.

  4. In the event of a significant change to the terms and conditions, a consumer has the right to terminate the underlying agreement.


Article 32 – Transfer of Rights

  1. The Customer may not transfer any rights arising from an agreement with Campexx B.V. to third parties without the prior written consent of Campexx B.V.

  2. This provision constitutes a property law clause within the meaning of Article 3:83(2) of the Dutch Civil Code.


Article 33 – Consequences of Nullity or Annulment

  1. If one or more provisions of these general terms and conditions are null or voidable, this shall not affect the validity of the remaining provisions.

  2. A void or voidable provision shall be replaced by a provision that most closely reflects the intention of Campexx B.V. at the time the terms were drafted.


Article 34 – Applicable Law and Competent Court

  1. These general terms and conditions and all agreements between the Customer and Campexx B.V. are governed by Dutch law.

  2. The court in the district where Campexx B.V. has its registered office shall have exclusive jurisdiction to hear any disputes between the Customer and Campexx B.V., unless otherwise provided by law.

Drafted on 24 May 2024.