Terms & Conditions

Entrepreneur's identity

Partnership firm Yasurf
Mathilde wibautstraat 23, 1628 PH Hoorn
phone number: +31 6 23 14 19 34
E-mail address: hello@ya.surf
Chamber of Commerce number: 82089248
VAT identification number: NL862331997B01

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Applicability

1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Yasurf.
2. The parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.
3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

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Prices

1. All prices used by Yasurf are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
2. All prices that Yasurf charges for its products or services, on its website or that are otherwise made known, Yasurf can change at any time.
3. Increases in the cost prices of products or parts thereof, which Yasurf could not foresee at the time of making the offer, in which case the conclusion of the agreement, may give rise to price increases
4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
5. The price with regard to a service is determined by Yasurf on the basis of the hours actually spent.
6. The price is calculated according to Yasurf's usual hourly rates, applicable for the period in which he performs the work, unless a different hourly rate has been agreed.
7. If the parties have agreed on a total amount for a service provided by Yasurf, this is always a target price, unless the parties have expressly agreed in writing on a fixed price, which cannot be deviated from.
8. Yasurf is entitled to deviate up to 10% from the target price.
9. If the target price is more than 10% higher, Yasurf must inform the customer in good time why a higher price is justified.
10. If the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price plus 10%.
11. Yasurf has the right to adjust the prices monthly.
12. Prior to its entry, Yasurf will communicate price adjustments to the customer.
13. The consumer has the right to terminate the agreement with Yasurf if he does not agree with the price increase.

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Payments and payment term

1. Yasurf may require a down payment of up to 50% of the agreed amount upon entering into the agreement.
2. The customer must make payments in arrears within 14 days after delivery of the product.
3. Payment terms are regarded as final 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 and in default, without Yasurf having to send the customer a reminder, in which case he has to give notice of default.
4. Yasurf reserves the right to make a delivery conditional on immediate payment or to demand a security for the total amount of the services or products.
5. The customer must pay invoices to Yasurf within 14 days of the invoice date, unless the parties have made other agreements about this or a different payment term is stated on the invoice.

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Consequences of not paying on time

1. If the customer does not pay within the agreed term, Yasurf is entitled to charge an interest of 8% per year from the day the customer is in default, whereby part of a month is counted as a whole month.
2. When the customer is in default, he also owes extrajudicial collection costs and any compensation to Yasurf.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the customer does not pay on time, Yasurf may suspend its obligations until the customer has fulfilled its payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, Yasurf's claims against the customer are immediately due and payable.
6. If the customer refuses to cooperate with the execution of the agreement by Yasurf, he is still obliged to pay the agreed price to Yasurf.

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Right of advertising

1. As soon as the customer is in default, Yasurf is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
2. Yasurf invokes the right of recovery by means of an electronic communication.
3. As soon as the customer has been informed of the invoked right of recovery, the customer must immediately return the products to which this right relates to Yasurf, unless the parties make other agreements about this
4. The costs for returning or returning the products are the responsibility of the customer.

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Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

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Right of retention

1. Yasurf can invoke its right of retention and in that case keep products of the customer until the customer has paid all outstanding invoices with regard to Yasurf, unless the customer has provided sufficient security for those costs.
2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Yasurf.
3. Yasurf is never liable for any damage that the customer may suffer as a result of using his right of retention.

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Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt owed to Yasurf against a claim against Yasurf.

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Retention of title

1. Yasurf remains the owner of all delivered products until the customer has fully complied with all its payment obligations to Yasurf under any agreement concluded with Yasurf, including claims for non-compliance.
2. Until then, Yasurf can invoke its retention of title and take back the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
4. If Yasurf invokes its retention of title, the agreement is deemed to have been dissolved and Yasurf has the right to claim compensation, lost profit and interest.

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Delivery

1. Delivery takes place at Yasurf, unless the parties have agreed otherwise.
2. If the agreed amounts are not paid or not paid on time, Yasurf has the right to suspend its obligations until the agreed part has been paid.
3. In the event of late payment, there is creditor default, with the result that the customer cannot invoke a late delivery against Yasurf.

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Delivery time

1. The delivery times specified by Yasurf are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
2. The delivery time starts when the customer has fully completed the ordering process and has received confirmation from Yasurf.
3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Yasurf cannot deliver within 14 days after being warned to do so in writing or the parties have agreed otherwise.

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Actual delivery

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

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Guarantee

1. When the parties have entered into an agreement with a service-providing nature, this will contain best efforts obligations and result obligations for Yasurf.

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Execution of the agreement

1. Yasurf performs the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. Yasurf has the right to have the agreed services (partially) performed by third parties.
3. The execution of the agreement takes 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 Yasurf can start the execution of the agreement in time.
5. If the customer has not ensured that Yasurf can start the execution of the agreement in time, the resulting additional costs and/or extra hours will be borne by the customer.

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Provision of information by the customer

1. The customer shall make all information, data and documents relevant to the correct execution of the agreement available to Yasurf in a timely manner and in the desired form and manner.
2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if these originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
3. If and insofar as the customer so requests, Yasurf will return the relevant documents.
4. If the customer does not, does not timely or does not properly provide the information, data or documents reasonably required by Yasurf and the implementation of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the customer.

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Duration of the contract for a service

1. The agreement between Yasurf and the customer regarding a service or services is entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or the parties have expressly agreed otherwise in writing.
2. If an agreement has been entered into for a definite period of time, it will be tacitly converted into an agreement for an indefinite period after the expiry of the term, unless 1 of the parties terminates the agreement with due observance of a notice period of 2 months, in which case a consumer terminates the agreement with due observance of a notice period of 1 month, as a result of which the agreement ends by operation of law.
3. If the parties have agreed on a period within the term of the agreement for the completion of certain work, this is never a strict deadline. If this term is exceeded, the customer must give Yasurf written notice of default.

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Termination agreement service for an indefinite period

1. The customer can cancel an agreement for a service that has been entered into for an indefinite period at any time with due observance of a notice period of 1 month.
2. A consumer has the right to cancel an agreement for a service for an indefinite period of time with due observance of a notice period of 1 month.

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Intellectual property

1. Yasurf retains all intellectual property rights (including copyright, patent law, trademark law, drawing and model law, etc.) on all designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, etc. ., unless the parties have agreed otherwise in writing.
2. The customer may not copy or have copied, show to third parties and/or make available or use these intellectual property rights in any other way without prior written permission from Yasurf.

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Confidentiality

1. The customer keeps secret any information he receives (in whatever form) from Yasurf.
2. The same applies to all other information concerning Yasurf that he knows or can reasonably suspect to be secret or confidential, or which he can expect that its distribution could cause damage to Yasurf.
3. The customer takes all necessary measures to ensure that he also keeps the information referred to in paragraphs 1 and 2 secret.
4. The duty of confidentiality described in this article does not apply to information:
5. Which was already public before the customer learned this information or which has subsequently become public without a breach of the customer's confidentiality obligation
6. Disclosed by the customer on the basis of a legal obligation
7. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 420 years after its expiry.

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Penalty clause

1. If the other party violates the article of these general terms and conditions on secrecy or on intellectual property, he forfeits an immediately payable fine for each violation on behalf of the trade name.
2. If the other party is a consumer, this fine will be € 1,000
3. If the other party is a legal entity, this fine will be € 5,000
4. In addition, the other party will forfeit an amount of 5% of the amount referred to in paragraph 1 for each day that the violation continues
5. No prior notice of default or legal proceedings are required for the forfeiture of this fine. Also, there does not have to be any form of damage.
6. Forfeiture of the fine referred to in the first paragraph of this article does not affect Yasurf's other rights, including its right to claim compensation in addition to the fine.

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Disclaimer

The customer indemnifies Yasurf against all third-party claims related to the products and/or services supplied by Yasurf.

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Complaints

1. The customer must examine a product or service provided by Yasurf as soon as possible for any shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Yasurf of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. .
3. Consumers must inform Yasurf of this within 1 month after discovering the shortcomings.
4. The customer provides a detailed description of the shortcoming, so that Yasurf is 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 ongoing work, this can in any case not lead to Yasurf being forced to perform other work than has been agreed.

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Notice of default

1. The customer must digitally notify Yasurf of any notice of default.
2. It is the responsibility of the customer that a notice of default actually reaches Yasurf (in time).

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Joint and several liability customer

If Yasurf enters into an agreement with multiple customers, each of them will be jointly and severally liable for the full amounts due to Yasurf under that agreement.

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Liability Yasurf

1. Yasurf is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
2. If Yasurf is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
3. Yasurf is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
4. If Yasurf is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to (part of the) invoice amount to which the liability relates.
5. 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.
6. Not responsible/liable for natural damage.

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Expiry period

Any right of the customer to compensation from Yasurf expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.

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Right to dissolution

1. The customer has the right to dissolve the agreement if Yasurf imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
2. If the fulfillment of the obligations by Yasurf is not permanently or temporarily impossible, dissolution can only take place after Yasurf is in default.
3. Yasurf has the right to terminate the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if Yasurf has become aware of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill its obligations.

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Force of the majority

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming by Yasurf in the fulfillment of any obligation towards the customer cannot be attributed to Yasurf in a situation independent of the will of Yasurf, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from Yasurf.
2. 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.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
3. If a force majeure situation occurs as a result of which Yasurf cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until Yasurf can meet them again.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
5. Yasurf does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantage as a result of the force majeure situation.

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Change of the agreement

If after the conclusion of the agreement for its implementation it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.

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Change of general terms and conditions

1. Yasurf is entitled to change or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Yasurf will discuss major substantive changes with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

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Transfer of rights

1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Yasurf.
2. This provision applies as a clause with effect under property law as referred to in Section 3:83(2) of the Dutch Civil Code.

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Consequences nullity or voidability

1. If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Yasurf had in mind when drawing up the conditions on that point.

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Applicable law and competent court

1. Every agreement between the parties is exclusively governed by Dutch law.
2. The Dutch court in the district where Yasurf is established / has its practice / has its office has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law prescribes otherwise.