PLAN International

General terms and conditions New Balls Please bv
 E-mail: madelon@newballsplease.be
 Website: www.planinternational.be
 Definitions
 1. New Balls Please: New Balls Please bv, established in Gent under KvK nr. 0542997486
 2. Customer: the person with whom New Balls Please bv has entered into an agreement.
 3. Parties: Ne wBalls Please and the customer together.
 4. Consumer: a customer who is also an individual and who acts as a private person.
 Applicability of the general terms and conditions
 1. These terms and conditions are applicable to all offers, quotations, work, orders, agreements and
 and deliveries of services or products by or on behalf of New Balls Please bv.
 2. The parties can only deviate from these terms and conditions if they have explicitly agreed to this in writing.
 3. The parties explicitly exclude the applicability of any additional and/or different general terms and conditions of the customer or third parties.
 The parties explicitly exclude the applicability of any additional and/or different general terms and conditions of the customer or third parties.
 Prices
 1. All prices quoted by New Balls Please bv are in Euros, exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, dispatch or transport costs, unless explicitly stated otherwise.
 such as administration costs, levies and travel, shipment or transport costs, unless explicitly stated or agreed otherwise.
 otherwise agreed.
 2. All prices used by New Balls Please bv for its services, on its website or made known in any other way,
 New Balls Please bv can change these prices at all times.
 3. The parties agree on a total amount for services provided by New Balls Please bv as a guideline price, unless the parties have explicitly agreed in writing on a fixed price, of which
 Parties will agree a total amount as a target price for a service, unless the parties have explicitly agreed in writing on a fixed price which cannot be deviated from.
 4. New Balls Please bv is entitled to deviate up to 10% from the recommended price.
 5. Should the indicative price be higher by more than 10%, New Balls Please bv must inform the customer in a timely manner as to why a higher price is justified.
 why a higher price is justified.
 6. Should the indicative price increase by more than 10%, the customer is entitled to cancel that part of the order which exceeds the indicative price.
 part of the order that exceeds the guide price increased by 10%.
 7. New Balls Please bv is entitled to adjust its prices annually.
 8. New Balls Please bv will communicate price adjustments to the customer prior to their implementation.
 9. The consumer has the right to terminate the agreement with New Balls Please bv if he/she does not agree with the price
 with the price increase.
 
 Payments and term of payment
 1. When entering into the agreement New Balls Please bv may require a down payment of up to 50% of the agreed amount.
 required.
 2. The customer must make payment within 7 days after delivery.
 3. Payment deadlines are considered to be strict deadlines. This means that if the customer has not
 This means that if the customer has not paid the agreed amount by the last day of the payment term, he shall be legally in default and in
 This means that if the agreed amount is not paid by the last day of the payment term, the customer is legally in default and in breach of contract, without New Balls Please bv having to send a reminder or give notice of default.
 notice of default.
 4. New Balls Please bv reserves the right to make a delivery dependent on immediate payment or to demand security for the delivery.
 New Balls Please bv reserves the right to make a delivery dependent on immediate payment or to require a security for the total amount of the services or products.
 Consequences of late payment
 1. If the customer does not pay within the agreed period, New Balls Please bv is entitled to charge the legal interest of 8% per month for commercial transactions.
 of 8% per month for commercial transactions from the day the customer is in default, whereby part of a month is considered to be a whole month.
 part of a month will be considered a whole month.
 2. When the customer is in default, he will also owe New Balls Please bv extrajudicial collection costs and any damages.
 If the customer is in default, he will also owe New Balls Please bv extrajudicial collection costs and any damages.
 3. The collection costs will be calculated according to the "Besluit vergoeding voor buitengerechtelijke incassokosten".
 4. When the customer fails to pay on time, New Balls Please bv is entitled to suspend its obligations until the customer has met his payment obligation.
 If the customer fails to pay on time, New Balls Please bv may suspend its obligations until the customer has met his/her payment obligation.
 5. In the case of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of
 In case of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of New Balls Please bv on the customer are immediately due and payable.
 6. If the customer refuses to cooperate with the execution of the agreement by New Balls Please bv, he is still obliged to pay the agreed price to New Balls Please bv.
 The customer is still obliged to pay the agreed price to New Balls Please bv.
 Right of suspension
 Unless the customer is a consumer, the customer waives the right to suspend the fulfilment of any obligation resulting from this
 agreement.
 Set-off
 Unless the customer is a consumer, the customer waives the right to set off a debt to New Balls Please bv
 Please with a claim against New Balls Please bv.
 Settlement
 Unless the customer is a consumer, the customer waives his right to set off a debt to New Balls Please bv
 with a claim against New Balls Please bv.
 Insurance
 1. The customer obliges himself to adequately insure the following goods and to keep them insured against, among other things, fire
 explosion and water damage, as well as theft:
 goods delivered which are necessary for the execution of the underlying agreement
 goods belonging to New Balls Please bv which are on the customer's premises.
 goods delivered under reservation of ownership.
 2. The customer will provide New Balls Please bv with the insurance policy for inspection at the latter's first request.
 Guarantee
 When the parties have entered into an agreement for services, New Balls Please bv only has an obligation of effort.
 Please only an obligation of effort and therefore no obligation to achieve a certain result.
 Execution of the agreement
 1. New Balls Please bv will execute the agreement to the best of its knowledge and ability and in accordance with
 professionalism.
 2. New Balls Please bv is entitled to have the agreed service provision (in part) carried out by third parties.
 third parties.
 3. The execution of the agreement will take place in mutual consultation and after written agreement and payment of any agreed
 The execution of the agreement will take place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
 4. It is the responsibility of the customer that New Balls Please bv is able to start executing the agreement on time.
 agreement in a timely manner.
 5. If the customer has not ensured that New Balls Please bv can start executing the agreement on time, the resulting extra costs and/or extra hours will be
 If the customer has not ensured that New Balls Please bv can commence the execution of the agreement on time, the resulting extra costs and/or extra hours are for the customer's account.
 Provision of information by the customer
 1. The customer must provide all information, data and documents relevant to the correct execution of the agreement, on time, in the desired form and on time.
 The customer will make all information, data and documents relevant to the correct execution of the agreement available to New Balls Please bv in time, in the required form and in the required manner.
 2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available,
 The customer guarantees the accuracy, completeness and reliability of the information, data and documents made available, even if these come from third parties, insofar as the nature of the agreement does not dictate otherwise.
 arise from the nature of the agreement.
 3. If and insofar as the customer requests, New Balls Please bv will return the relevant documents.
 4. Should the customer not, not timely or not adequately supply New Balls Please bv with the information reasonably required,
 Should the customer not, not in a timely manner or not properly provide the information, data or documents reasonably required by New Balls Please bv and the execution of the agreement be delayed as a result, the
 the extra costs and extra hours resulting from this are for the account of the customer.
 Indemnification
  
  
 The customer shall indemnify New Balls Please bv against all claims from third parties in connection with the products and/or services supplied by New Balls
 Please.
 Complaints
 1. The customer must examine a product delivered or a service rendered by New Balls Please bv as soon as possible for any shortcomings.
 on possible shortcomings.
 2. Should a product delivered or a service provided not meet the reasonable expectations of the customer, the customer must inform
 Should a product delivered or a service provided not meet the reasonable expectations of the agreement, the customer must inform New Balls Please bv as soon as possible but in any case within 1 month after the discovery of the shortcomings.
 The customer must inform New Balls Please bv as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
 3. The consumer must inform New Balls Please bv within 2 months after observation of the shortcomings.
 Consumers must inform New Balls Please bv at the latest within 2 months after observation of the shortcomings.
 4. The customer must give as detailed a description as possible of the shortcomings, so that New Balls Please bv is able to
 able to respond adequately.
 5. The customer must demonstrate that the complaint relates to an agreement between the parties.
 6. If a complaint relates to work in progress, this cannot lead to New Balls
 Please cannot be obliged to carry out work other than that agreed.
 Notice of default
 1. The customer must give notice of default in writing to New Balls Please bv.
 2. It is the responsibility of the customer to ensure that the notice of default actually reaches New Balls Please bv (on time).
 on time.
 Joint and several liability of the customer
 If New Balls Please bv enters into an agreement with more than one customer, each of them is severally liable for
 for the complete amounts due to New Balls Please bv based on the agreement.
 Liability New Balls Please bv
 1. New Balls Please bv is only liable for any damage suffered by the customer if and insofar as this damage is
 caused by intent or deliberate recklessness.
 2. If New Balls Please bv is liable for any damage, it is only liable for direct damage which
 resulting from or related to the execution of an agreement.
 3. New Balls Please bv is never liable for indirect damage, such as consequential damage, loss of profit, missed savings or damage to third parties.
 savings or damage to third parties.
 4. Should New Balls Please bv be liable, then this liability will be limited to the amount paid out by the (professional) liability insurance taken out.
 Should New Balls Please bv be liable, this liability is limited to the amount paid out by the (professional) liability insurance taken out and in the absence of (full) payment by the insurance company of the
 In the absence of (full) payment by the insurance company, the liability shall be limited to the (part of the) invoice amount to which the liability relates.
 In the absence of (full) payment by the insurance company of the amount of the damage, the liability shall be limited to the (part of the) invoice amount to which the liability relates.
 5. All images, photos, colours, drawings and descriptions on the website or in a catalogue are only indicative and
 5. All images, photographs, colours, drawings, descriptions on the website or in a catalogue are indicative only and may not constitute a reason for compensation and/or (partial) dissolution of the agreement and/or suspension of the
 All illustrations, photographs, colours, drawings, descriptions on the website or in a catalogue are only indicative and can only be approximate and cannot be a reason for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
 Expiry period
 Any right of the customer to claim compensation from New Balls Please bv shall in any event expire 12 months after the event
 from which the liability arose directly or indirectly. This does not exclude the provisions of article 6:89
 of the Civil Code.
 Right of dissolution
 1. The customer has the right to dissolve the agreement if New Balls Please bv fails imputably in the fulfilment of its obligations, unless, in view of its special nature or minor importance, this failure is attributable to the
 obligations, unless this shortcoming, in view of its special nature or minor importance, does not justify the dissolution.
 does not justify the dissolution.
 2. Should fulfilment of the obligations by New Balls Please bv not be permanently or temporarily impossible, then
 Dissolution can only take place after New Balls Please bv is in default.
 3. New Balls Please bv has the right to dissolve the agreement with the customer when the customer does not
 New Balls Please bv has the right to dissolve the agreement with the customer, when the customer does not fulfil his/her obligations from the agreement in full or in time, or when New Balls Please bv becomes aware of circumstances which give him good reason to fear that the customer will not be able to fulfil his obligations properly.
 fulfil its obligations.
 Force majeure
 1. In addition to the provisions in article 6:75 of the Dutch Civil Code, a shortcoming of New Balls Please bv in the fulfilment of any obligation towards the
 fulfilment of any obligation towards the customer cannot be attributed to New Balls Please bv in a situation
 A situation independent of the will of New Balls Please bv, as a result of which the fulfilment of its obligations towards the
 the customer in whole or in part or as a result of which the fulfilment of his/her obligations cannot in all reasonableness be
 New Balls Please bv cannot reasonably be expected to meet its obligations.
 2. The circumstances of force majeure referred to in paragraph 1 include - but are not limited to - a state of emergency (such as
 (such as civil war, revolt, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power cuts, power shortages, etc.
 other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses,
 strikes, government measures, unforeseen transport problems, bad weather conditions and work
 work stoppages.
 3. If a situation of force majeure arises as a result of which New Balls Please bv is unable to meet one or more obligations towards the customer, then
 Should a force majeure situation arise due to which New Balls Please bv cannot meet one or more obligations towards the customer, then these obligations will be suspended until New Balls Please bv can meet them again.
 4. From the moment a force majeure situation has lasted for at least 30 calendar days, both parties are entitled to dissolve the agreement in writing, wholly or partially.
 dissolve the agreement in whole or in part in writing.
 5. New Balls Please bv is not liable for any compensation or damages in the event of force majeure, even if the goods have been delivered as a result of the force majeure.
 5. New Balls Please bv is not liable for any compensation or damages in a situation of force majeure, even if it gains any advantage as a result of the force majeure.
 Modification of the agreement
 1. If, after the agreement has been entered into, it becomes necessary to amend or supplement the content of the agreement for the purposes of its execution, the parties will adapt the agreement in good time.
 1. If, after the agreement has been concluded, it proves necessary to amend or supplement the contents of the agreement for the purpose of execution, the parties shall amend the agreement accordingly in good time and in mutual consultation.
 2. The preceding paragraph shall not apply to products purchased in a physical shop.
 Amendment of general terms and conditions
 1. New Balls Please bv is entitled to amend or supplement these general terms and conditions.
 2. Changes of minor importance can be made at all times.
 3. New Balls Please bv will discuss large changes in content with the customer as much as possible beforehand.
 4. Consumers are entitled to terminate the agreement in the case of a substantial change to the general terms and conditions.
 terminate the agreement.
 Transfer of rights
 1. Rights of the customer arising from an agreement between the parties cannot be transferred to third parties without the
 The rights of the customer arising from an agreement between the parties cannot be transferred to third parties without the prior written consent of New Balls Please bv.
 2. This provision is considered to be a clause with effect under property law as referred to in article 3:83, second paragraph,
 Civil Code.
 Consequences of nullity or voidability
 1. If one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the other provisions of these terms and conditions.
 other provisions of these terms and conditions.
 2. A provision that is void or annullable will in that case be replaced by a provision that comes closest to what New Balls Please bv
 2. A provision that is null and void or annullable will in that case be replaced by a provision that comes closest to what New Balls Please bv had in mind when drawing up the terms and conditions.
 Applicable law and competent court
 1. Every agreement between the parties is exclusively governed by Dutch law.
 2. The Dutch judge in the district where New Balls Please bv has its registered office / practice / holds its office has exclusive jurisdiction to take cognisance of any
 The Dutch court in the district where New Balls Please bv has its registered office / practice / holds its office is exclusively authorised to take cognisance of any disputes between the parties, unless the law imperatively dictates otherwise.
 prescribes otherwise.