- Straight : Straight, established in Amsterdam under Chamber of Commerce no. 24315396
- Customer: the person with whom Straight has entered into an agreement.
- Parties: Straight and customer together.
- Consumer: a customer who is also an individual and who acts as a private person
Applicability of delivery conditions
- These delivery conditions apply to all work, orders, agreements and deliveries of services or products by or on behalf of Straight.
- Parties can only deviate from these delivery terms and conditions if they have expressly agreed so in writing.
- The parties expressly exclude the applicability of additional and/or deviating general and/or delivery conditions of the customer or of third parties.
Consequences of not paying on time
- If the customer does not pay within the agreed term, Straight is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the customer is in default. where a part of a month is counted as a whole month.
- If the customer is in default, he also owes extrajudicial collection costs and any compensation to Straight.
- The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
- If the customer does not pay on time, Straight may suspend its obligations until the customer has fulfilled its payment obligation.
- In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, Straight’s claims against the customer are immediately due and payable.
- If the customer refuses to cooperate in the execution of the agreement by Straight, he is still obliged to pay Straight the full agreed price.
Right of advertising
- As soon as the customer is in default, Straight is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
- Straight invokes the right of advertising by means of a written or electronic communication.
- As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Straight, unless the parties agree otherwise.
- The costs for the collection or return of the products will be borne by the customer.
Right of withdrawal
- A consumer can 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, such as food or flowers
• it is not a product that has been tailor-made or modified especially for the consumer
• it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
• the seal of the delivered goods is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
• the product is not a journey, ticket, catering assignment or form of leisure activity
• the product is not a loose magazine or newspaper
• it is not an (order for) emergency repair
• the consumer has not waived his right of withdrawal
- The reflection period of 14 days as referred to in paragraph 1 starts:
• 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 product with a subscription
• as soon as the consumer has purchased a service for the first time
• as soon as the consumer has confirmed that he will purchase digital content via the internet
- The consumer can make his appeal to the right of withdrawal known via email@example.com
- The consumer is obliged to return the product to Straight within 14 days after making his right of withdrawal known, failing which his right of withdrawal will lapse.
Reimbursement return costs
If the consumer invokes his right of withdrawal and returns the complete order on time, the costs for returning the complete order will be borne by the consumer.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
Right of retention
- Straight can invoke its right of retention and in that case keep the customer’s products in its possession until the customer has settled all outstanding bills with regard to Straight, unless the customer has provided sufficient security for those costs.
- The right of retention also applies under previous agreements from which the customer still owes payments to Straight
- Straight is never liable for any damage that the customer may suffer as a result of using his right of retention.
Unless the customer is a consumer, the customer waives its right to set off any debt owed to Straight against a claim against Straight.
Retention of title
- Straight remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards Straight, including claims about shortcomings in the fulfillment of the agreement.
- Until that time, Straight can at all times invoke its retention of title and take back the goods.
- Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
- If Straight invokes its retention of title, the agreement will be deemed dissolved and Straight will be entitled to claim compensation, lost profit and interest.
- Delivery takes place while stocks last.
- Delivery takes place at Straight, unless the parties have agreed otherwise.
- Delivery of products ordered online takes place at the address indicated by the customer.
- If the agreed amounts are not paid or are not paid on time, Straight has the right to suspend its obligations until the agreed part has been paid.
- In the event of late payment, there is a creditor’s default, with the result that the customer cannot object to Straight for a late delivery.
- The delivery times stated by Straight are indicative and, if they are exceeded, do not entitle the customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
- The delivery time starts at the moment that the customer has completely completed the (electronic) order process and has received an (electronic confirmation) from Straight.
- Exceeding the specified delivery time does not entitle the customer to compensation, nor the right to dissolve the agreement, unless Straight cannot deliver within 14 days after receiving a written demand to do so or the parties have agreed otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Delivery of goods on order
- The customer is obliged to purchase the goods produced by Straight on his behalf.
- If items have not been purchased by the customer after the delivery period has expired, they will remain at Straight’s disposal. Goods not accepted are stored at the expense and risk of the customer. Straight may always make use of the power of Article 6:90 of the Dutch Civil Code.
Delivery and transfer of risk
The risk of loss, damage or depreciation of a purchased item passes to the customer at the time the item is brought under the control of the customer.
Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Packing and Shipping
- If the packaging 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, failing which Straight cannot be held liable. for any damage.
- If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to Straight prior to transport, failing which Straight can not be held liable for any damage.
- If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
- Any additional costs as a result of early or late purchase of products will be fully borne by the customer.
- The warranty with regard 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 incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the time when these are legally and/or actually delivered, or at least come under the control of the customer or from a third party who takes delivery of the product on behalf of the customer.
The customer indemnifies Straight against all claims from third parties related to the products and/or services supplied by Straight.
- The customer must examine a product or service provided by Straight as soon as possible for any shortcomings.
- If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Straight of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
- Consumers must inform Straight of this within 2 months at the latest after discovery of the shortcomings.
- The customer provides as detailed a description as possible of the shortcoming, so that Straight 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 Straight being obliged to perform other work than has been agreed.
Notice of default
- The customer must notify Straight of default in writing.
- It is the customer’s responsibility that a notice of default actually reaches Straight (on time).
Joint and several liability customer
If Straight enters into an agreement with multiple customers, each of them will be jointly and severally liable for the full amounts owed to Straight under that agreement.
- Straight is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
- If Straight is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
- Straight is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
- If Straight is liable, such liability is limited to the amount paid by a closed
- (professional) liability insurance is paid out and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
- All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Any right of the customer to compensation from Straight expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Right to dissolution
- The customer has the right to dissolve the agreement if Straight imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
- If the fulfillment of the obligations by Straight is not permanently or temporarily impossible, dissolution can only take place after Straight is in default.
- Straight has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill its obligations under the agreement, or if Straight has taken cognizance of circumstances that give it good grounds to fear that the customer will not be able to fulfill its obligations properly.
- In addition to the provisions of article 6:75 of the Dutch Civil Code, a failure by Straight to fulfill any obligation towards the customer cannot be attributed to Straight in a situation independent of Straight’s will, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from Straight.
- The force majeure situation referred to in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); default and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a force majeure situation occurs as a result of which Straight cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until Straight can meet them again.
- 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.
- Straight does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.
Amendment of the agreement
If after the conclusion of the agreement it appears necessary for its implementation to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
Change of delivery conditions
- Straight is entitled to change or supplement these delivery conditions.
- Minor changes can be made at any time.
- Straight will discuss major substantive changes with the customer in advance as much as possible.
- A consumer is entitled to cancel the agreement in the event of a substantial change in the delivery conditions.
Transfer of rights
- Customer rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of Straight.
- This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.
Consequences of nullity or voidability
- If one or more provisions of these terms and conditions of delivery prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
- A provision that is null or voidable will in that case be replaced by a provision that comes closest to what Straight had in mind when drafting the conditions on that point.
Applicable law and competent court
- These terms of delivery and any agreement between the parties are exclusively governed by Dutch law.
- The Dutch court in the district where Straight is established has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.
Applicability of delivery conditions
These terms of delivery are applicable since August 21, 2021.