General Terms and Conditions Like it a Lot
Article 1.Definitions
When capitalized, in these Terms and Conditions the terms below, in plural or singular, mean the following:
- General Terms and Conditions: these general terms and conditions from Like it a Lot;
- Like it a Lot: the company registered under number 81706448;
- Customer: the counterparty of Like it a Lot in an Agreement;
- Agreement: the agreement which will contain the entirety of agreements between Like it a Lot and Customer regarding the products to be purchased by Customer from Like it a Lot, of which these General Terms and Conditions form an integral part.
Article 2. General
- These General Terms and Conditions apply to the formation, content and fulfillment of all current, modified, additional and future legal relationships and all resulting, related or successive relationships between Like it a Lot and Customer, as well as to all proposals and/or offers made by Like it a Lot, all in the broadest sense, with regard to the services of and the delivery of goods by Like it a Lot.
- Deviating stipulations, (oral) agreements, promises or arrangements only apply if and insofar as they have been explicitly confirmed in writing by a representative of Like it a Lot who is authorized to do so according to the registration of Like it a Lot in the trade register.
- The applicability of any general terms and conditions of Customer is explicitly rejected.
- If a situation arises between parties that is not regulated in these General Terms and Conditions, this situation must be assessed in the spirit of these General Terms and Conditions.
- If Like it a Lot does not always require strict compliance with these General Terms and Conditions, this does not mean that the provisions thereof no longer apply, or that Like it a Lot would to any extent lose the right to demand strict compliance with the provisions of these General Terms and Conditions in other cases.
- Each party shall bear its own costs incurred in the negotiations and preparations leading to an Agreement.
Article 3. The proposal
- Like it a Lot makes the proposal/offer in writing, electronically or verbally.
- Proposals from Like it a Lot are always without obligation and subject to any changes, even if they state a term for acceptance. An offer or proposal lapses if the product to which the offer or proposal relates is no longer available in the meantime.
- A proposal/offer from Like it a Lot is personal and may not be reproduced or made available to third parties without permission from Like it a Lot.
- No rights can be derived from the information on websites, folders, flyers, newspapers and in other (social) media where the services of Like it a Lot are promoted. The information in such media is approximate only. This information may only be deemed correct upon written confirmation by Like it a Lot, except for obvious omissions and errors.
- The proposal/offer contains for Customer a sufficiently specified description for Customer of the goods, the rates and the conditions under which services are performed and goods are delivered.
- The proposal points out the applicability of these General Terms and Conditions and is accompanied by a copy thereof. If the proposal cannot be immediately accompanied by the General Terms and Conditions, these will be sent to Customer as soon as possible.
- Like it a Lot cannot be held to its offer or proposal if Customer could (or should have) reasonably understood that the offer or proposal, or a part thereof, contains an obvious mistake or error.
- The prices and fees charged by Like it a Lot and/or stated in a proposal/offer, Agreement or promotional material are in Euros, exclusive of VAT and other levies that have been or will be imposed by the government and any costs to be incurred in the context of the Agreement, including travel and accommodation costs, shipping and administration costs, unless explicitly indicated otherwise.
- If the acceptance (whether or not on minor points) deviates from the proposal included in the offer or proposal, Like it a Lot is not bound by it. The Agreement will then not be concluded in
accordance with this deviating acceptance, unless Like it a Lot indicates otherwise in writing.
- Acceptance by Customer of a proposal from Like it a Lot, containing a statement of the applicability of Customer’s general (purchase) conditions (whether or not to the exclusion of the general terms and conditions of Like it a Lot), has no effect insofar as it implies the applicability of Customer’s terms and conditions and/or the exclusion of the terms and conditions of Like it a Lot. Customer’s general terms and conditions do not apply to the Agreement that has been concluded. Article 19 of the Vienna Convention on Contracts for the International Sale of Goods does not apply. The provisions of article 2, paragraph 3, apply in full.
- A combined quotation does not oblige Like it a Lot to perform part of the assignment for a corresponding part of the quoted price.
- Proposals or offers do not automatically apply to future orders.
- Like it a Lot always has the right to revoke the proposal or offer up to 2 business days after its acceptance.
Article 4. Formation of an Agreement
- The Agreement between Like it a Lot and Customer is established upon acceptance of the proposal by Customer and by acceptance thereof by Like it a Lot, or when Like it a Lot has started the implementation of the Agreement.
- Like it a Lot sends a written or electronic confirmation of acceptance to Customer.
- Changes to the Agreement (including deviations from the General Terms and Conditions) between Like it a Lot and Customer can only be proven by Customer by submittance of a written confirmation thereof from Like it a Lot, originating from a person who, according to the registration in the Trade Register, is authorized to represent. Agreed deviations from the General Terms and Conditions, proposals, offers and/or discounts do not (automatically) apply to future orders / Agreements.
- Changes to the Agreement may result in agreed terms being exceeded by Like it a Lot. In that case, Customer is not entitled to compensation, dissolution and/or suspension.
- Cancellation of an Agreement is only possible with the consent of Like it a Lot. Customer must then reimburse costs already incurred by Like it a Lot.
Article 5. Implementation of the Agreement – general
- The Agreement is executed by Like it a Lot to the best of its ability and with care in accordance with the standards of good workmanship. The Agreement is performed on the basis of a best-efforts obligation.
- Like it a Lot is entitled to engage auxiliary persons and third parties for the implementation of the Agreement.
- All orders are accepted and implemented exclusively with the exclusion of the effect of articles 7:404, 7:407 paragraph 2 and 7:409 of the Civil Code.
- Customer ensures that all data that is necessary, or which Like it a Lot has indicated is necessary for the implementation of the Agreement, or which Customer should reasonably understand is necessary for the implementation of the Agreement, is provided to Like it a Lot in a timely manner, completely and in a manner in which the relevant data is sufficiently secured.
- If during the implementation of the Agreement it appears that it is necessary for its proper implementation to amend or supplement it, parties will proceed to amend the Agreement in good time and in mutual consultation. If the nature, scope and/or content of the Agreement is amended, this may also have consequences for what was otherwise originally agreed. As a result, the originally agreed fee for Like it a Lot can be increased or decreased. Like it a Lot will quote as much as possible in advance. Furthermore, by amending the Agreement, the originally stated term of implementation can be amended. Customer accepts the possibility of amending the Agreement, including the change in price and term of implementation. In the event of an amendment to the agreement, Customer is entitled to compensation, dissolution and/or suspension.
- If the Agreement is amended, including an addition, Like it a Lot is entitled to implement it first after approval has been given by a person authorized within Like it a Lot and Customer has agreed to the price and other conditions specified for the implementation, including the time to be determined at that time at which implementation will be taken care of. Not or not immediately implementing the amended Agreement does not constitute failure on the part of Like it a Lot and is also not a ground for Customer to terminate or dissolve the Agreement. Without failing, Like it a Lot can refuse a request to amend the Agreement, if this could have qualitative and/or quantitative consequences.
- If a term has been agreed or specified for the delivery of certain goods or services, this is never a strict deadline for Like it a Lot, unless this has been explicitly agreed in writing. If a term is exceeded, Like it a Lot must always be given the opportunity by written notification to fulfill the obligation within a reasonable term.
- Customer is not entitled to dissolve the Agreement due to exceeding the specified (delivery) term before it has set Like it a Lot, after the agreed delivery has not been made within the agreed time, in writing (not including: e-mail) a reasonable term to still fulfill the obligation, and the delivery by Like it a Lot is also not forthcoming within this term.
Article 6. Delivery and terms
- Customer has a purchase obligation. From the time that Customer has been informed that the goods are ready for delivery, the goods are for the account and risk of Customer.
- Regardless of the provisions of the previous paragraph of this article, Like it a Lot and Customer can agree that Like it a Lot takes care of the transport. Also in that case, the risk of storage, loading, transport and unloading rests entirely with Customer.
- If it has been agreed that Like it a Lot will take care of transport and Customer wishes to have the goods insured by Like it a Lot during transport, or has other requirements regarding the transport, it must agree to this with Like it a Lot in writing. The insurance is for the account and risk of Customer.
- If it has been agreed that Like it a Lot will take care of transport, Customer will provide Like it a Lot with all information necessary for the transport, including (but not limited to) the correct documents for customs authorities. The risk regarding the completeness and/or correctness of the data rests with Customer. Any delay in the delivery time due to delays at customs, whether or not caused by incomplete or incorrect provision of data by Customer, is for the account and risk of Customer.
- If goods, due to force majeure or a circumstance attributable to Customer on the basis of the law, the agreement or prevailing opinion, are not received, or at least cannot be transported to the place of destination, Like it a Lot is entitled to warehouse/store these items at the expense and risk of Customer and to demand payment of the costs thereof, without Customer being entitled to suspension of payment.
- If Customer fails to fulfill its purchase obligation, Like it a Lot is entitled to sell the goods on behalf of Customer at a reasonable price to be determined by Like it a Lot, after a period of 2 calendar weeks after the goods should have been purchased. In that case, Like it a Lot is entitled to set off the purchase price paid to it against all its claims against Customer, including its claims for compensation.
- The loss of or damage to the goods after the risk has passed to Customer does not release Customer from the obligation to pay the agreed price, unless the loss or damage is wholly attributable to an intentional act aimed at this damage or willful recklessness on the part of Like it a Lot or its managerial subordinate(s).
- Customer is not entitled to dissolve the agreement due to exceeding the specified term before it has set Like it a Lot, after the agreed performance has not been delivered within the agreed term, a reasonable term to still perform in writing, and the performance is also not forthcoming within this term.
Article 7. Inspection and time limit for complaints – delivery and service provision
- Customer must inspect or have inspected the delivered services and goods to be delivered immediately after the end of the work or upon delivery.
Visible or otherwise reasonably recognizable defects or other shortcomings with regard to what has been agreed upon must be reported to Like it a Lot in writing as soon as possible after the inspection, but in any case no later than 5 business days after the end of the work or the delivery of the goods.
- If Customer is insufficiently competent, it is obliged to be assisted or represented by an expert during the inspection at its own risk and expense.
- Defects or deviations of what has been agreed that could not or should not be established within the period stated in the previous paragraphs, must be communicated to Like it a Lot in writing within 5 business days after discovery.
- If Customer fails to inform Like it a Lot in writing of the defect within the periods referred to in this article, it loses the right to invoke any legal consequences arising from the defect or other shortcoming with regard to what has been agreed.
- Minor deviations from specified sizes, weights, compositions or colors, thickness, or other deviations, as a result of which no substantial change is made in the composition, implementation or applicability of the goods or services, do not entitle Customer to cancellation or (partial) dissolution of the Agreement, nor the right to refuse receipt or payment of the goods or services.
- In the event of a complaint, Customer must offer the goods to Like it a Lot, unless this is not reasonably possible.
- If an item is defective and a complaint has been made in time, Like it a Lot will replace the defective item within a reasonable period of time or arrange for its repair. Like it a Lot is also entitled to pay replacement compensation to Customer up to a maximum of the purchase amount of the defective item.
- If a complaint is unfounded, the costs that have arisen for Like it a Lot as a result, will be borne in full by Customer.
- Complaints do not entitle Customer to suspend or reduce its obligations under the Agreement. Like it a Lot is not liable for damage as a result of defects or other shortcomings compared to what has been agreed.
- Customer can only invoke a defect after it has fulfilled all its obligations to Like it a Lot.
Article 8. Warranty and other claims
- Without prejudice to the provisions in the previous article, Customer can only claim warranty if this has been explicitly agreed in writing. In addition, the following provisions apply in all cases.
- No warranty is given if defects or other shortcomings with regard to what has been agreed are the result of:
- normal wear and tear;
- improper use;
- packaging adjusted by Customer;
- not or incorrectly performed maintenance.
- Customer cannot transfer the rights under this article or the (further) agreed warranty.
Article 9. Prices and payment
- Unless explicitly stated otherwise, prices on offers and Agreements or on any other statement of Like it a Lot are in Euros, exclusive of VAT, exclusive of any import duties, other taxes, levies and duties.
- An increase in cost-determining factors, arising after the conclusion of the Agreement, may be passed on by Like it a Lot to Customer if the fulfillment of the Agreement has not yet been completed at the time of the increase.
- If a change in the currency or exchange rate occurs before or during the implementation of the Agreement, Like it a Lot is entitled to pass on a disadvantageous change in exchange rate to Customer.
- Payment must be made within 14 days of the invoice date, in a manner to be indicated by Like it a Lot in the currency in which the invoice is made, unless otherwise indicated by Like it a Lot in writing. Like it a Lot is entitled to invoice periodically.
- If Customer fails to pay an invoice on time, Customer is legally in default. Customer will then owe an interest of twelve (12) percent on an annual basis, unless the statutory interest rate for commercial transactions (6:119a CC) is higher, in which case this statutory interest rate is due.
The interest on the outstanding amount will be calculated from the moment that Customer is in default until the moment of payment of the full amount owed.
- Like it a Lot has the right to apply the payments made by Customer first to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and current interest.
- Like it a Lot can, without being in default as a result, refuse a payment proposal if Customer designates a different order for the allocation of the payment. Like it a Lot can refuse full repayment of the principal if the outstanding and current interest and collection costs are not also paid.
- Objections to the amount of an invoice do not suspend the payment obligation. Customer who is not entitled to section 6.5.3 (Articles 231 to 247 Book 6 Civil Code) is also not entitled to suspend payment of an invoice for any other reason.
- Customer is liable for all costs actually incurred by Like it a Lot (both in and out of court) that relate to the collection of its claims against Customer. Customer also owes interest on the collection costs owed.
- Everything that Customer owes to Like it a Lot is immediately due and payable if a payment term has been exceeded, the bankruptcy (or the equivalent thereof used in another country) of Customer has been declared, Customer requests suspension of payment (or a foreign equivalent thereof), when goods or claims of Customer are seized, when Customer (company) is dissolved or liquidated or ceases its business operations, Customer (natural person) requests to be admitted to judicial debt restructuring (or its equivalent), is placed under guardianship or dies or if any other circumstance arises that prevents Customer from freely disposing of its assets.
- Regardless of the agreed payment conditions, Customer is obliged to provide what it deems sufficient security for payment at the request of Like it a Lot. If Customer does not comply with this request within the specified period, it will immediately be in default. In that case Like it a Lot has the right to dissolve the agreement and to recover its damage from Customer.
- For orders up to € 500 (ex VAT) COD and franking costs will be charged.
- Customer’s right to set off its claims on Like it a Lot against payment obligations to Like it a Lot for whatever reason is therefore excluded. Suspension is also not allowed.
Article 10. Retention of title
- The delivered goods remain property of Like it a Lot, as long as Customer has not met the claims:
- with regard to goods delivered or to be delivered by Like it a Lot to Customer pursuant to this or any other (future or otherwise) Agreement, and/or,
- with regard to services performed or to be performed for the benefit of Customer pursuant to the Agreements referred to under a, and/or,
- arising from failure to comply with the aforementioned obligations, such as (but not limited to) interest, extrajudicial and judicial costs.
- The present retention of title is therefore explicitly not nullified if at any time no claim of Like it a Lot under retention of title against Customer is outstanding, but also refers to future claims.
- The parties agree that, even if similar items have also been obtained from third parties, all items that Like it a Lot points out and of which Like it a Lot can demonstrate by means of invoices or otherwise that it has delivered items of that type, notwithstanding proof to the contrary, are deemed to come from Like it a Lot and therefore, if at that time Like it a Lot still has a claim on Customer, have remained the property of Like it a Lot.
- Subject to proof to the contrary to be provided by Like it a Lot, the value of the goods to be handed over is deemed to amount to a maximum of 50% of the value at the time of the delivery date, as appears from the records of Like it a Lot, on the understanding that the value of the delivered goods that are (to be) handed over to Like it a Lot on the basis of the foregoing, subject to proof to the contrary, is deemed to have decreased in such a way that these goods represent a maximum value equal to the claim of Like it a Lot. Notwithstanding proof to the contrary, the (extra)judicial costs and any costs for obtaining delivery are deemed to be 25% of the value at the time of the delivery date of the goods to be delivered.
- Customer is not entitled to encumber the goods delivered by Like it a Lot with any limited right.
- As long as Customer has not fully complied with its obligations as referred to in paragraph 4 of this Article, Customer is obliged to maintain the delivered goods with due care, not to rent them out, to encumber them with any limited right or to transfer them in use and not to be moved, but to leave them in its business premises (unless paragraph 5 of this Article grants Customer the authority to use the items), to insure and keep them insured against fire and theft and against trading loss. Like it a Lot means with the above-described prohibition of pledge to achieve the effect of property law as referred to in article 3:83 paragraph 2 Civil Code.
- As long as Customer has not fully complied with its obligations as referred to in the first paragraph of this Article, Customer is obliged to maintain the delivered goods with due care, not to rent them out, to encumber them with any limited right or to transfer them in use and not to be moved, but to leave them in its business premises (unless paragraph 6 of this Article grants Customer the authority to use the items), to insure and keep them insured against fire and theft and against trading loss.
- If Customer sells, rents, transfers or encumbers the delivered goods with a limited right, whether or not in violation of this article, Customer is obliged to pay the value of the relevant goods to Like it a Lot immediately and at once. For the purposes of this article, the value of the goods in question is fixed at the value at the time of the delivery date, or, if the value of the goods at the time of sale, rental, transfer or encumbrance is higher than the value at the time of delivery, at such higher value.
- If Customer is granted suspension of payment or if it is declared bankrupt, from that moment on it is not authorized to use and/or dispose of the goods.
Article 11. Force majeure
- In the event of force majeure, both of a permanent and temporary nature, Like it a Lot is at its own discretion entitled to dissolve the Agreement in whole or in part or to temporarily suspend its obligations under the Agreement, without Customer being able to assert any claim to compliance, compensation and/or dissolution.
- Force majeure between parties means, in addition to what is understood in the law and jurisprudence, all external causes, foreseen or unforeseen, on which Like it a Lot cannot exert any influence, but as a result of which Like it a Lot is unable to fulfill obligations. This includes (but is not limited to): strikes in the company of Like it a Lot or of Third Parties on which Like it a Lot depends in any way for the implementation of the Agreement, danger of war, war, insurrection, molestation, boycott, epidemics, pandemics, disruptions or impediments in traffic or transport, restrictive measures by the government, scarcity of raw materials, untimely delivery of raw materials or other required materials or failure to deliver, bankruptcy or suspension of payment at one or more of its suppliers or engaged third parties, natural disasters, weather conditions as a result of which the work cannot be performed adequately, electricity failures, failure of the internet, computer network or telecommunications facilities and hindering health complaints or death of key personnel of Like it a Lot (including – but not limited to – its board (members)).
- Like it a Lot also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the Agreement occurs after Like it a Lot should have fulfilled its obligation.
Article 12. Termination and suspension
- Like it a Lot reserves the right to suspend obligations under Agreements if Customer does not fulfill all its obligations arising from this or any other Agreement with Like it a Lot.
- In addition to the other rights to termination arising from the law and the Agreement, Like it a Lot is entitled to terminate the Agreement by means of an extrajudicial declaration if it fears a deterioration of Customer’s solvency, Customer has been declared bankrupt (or an equivalent thereof), has applied for Customer suspension of payment (or an equivalent thereof), or Customer ceases or intends to cease operations.
- Insofar as Customer has a power to terminate, this is limited to termination of the order or part thereof in which Like it a Lot has imputably failed. In that case, parties have an obligation to undo all mutually delivered performances that relate to the relevant order or part thereof. The power to terminate does not apply to subsequent assignments / order.
- If the Agreement is terminated by Like it a Lot in accordance with the previous paragraphs, Customer must pay the remaining part of the principal, without prejudice to Like it a Lot’s right to claim additional compensation if the actual damage is higher.
Article 13. Intellectual property rights
- Like it a Lot reserves the rights and powers accruing to it on the basis of its intellectual property rights, including, but not limited to, the designs, images, drawings, (trial) models, software, trademark rights and the associated goodwill, copyrights connected to and related to the products, including the rights to the labels and advertisements. Like it a Lot has the right to use the knowledge gained by the implementation of an agreement for other purposes, provided that no confidential information of Customer is disclosed to third parties.
- New Rebels, Justified and Piace Molto are registered trademarks and logos of Like it a Lot.
- Like it a Lot is not aware of infringements of the rights of third parties with regard to the goods delivered by it.
- If Customer notices that the products of Like it a Lot infringe any intellectual property right belonging to a third party, or that a third party infringes an intellectual property right belonging to Like it a Lot, Customer must inform Like it a Lot immediately.
- Customer is not entitled to repackage Like it a Lot products, unless they are delivered in bulk packaging by Like it a Lot to Customer and it has been agreed in writing that Customer may (re)package the products in Customer packaging. For all its products sold and still to be sold under private label, Customer must at all times be able to demonstrate by means of the relevant batch numbers from which Like it a Lot shipments they originate and to make this known to Like it a Lot at its first request.
- Customer warrants that all materials or data provided to Like it a Lot by Customer (or third parties on behalf of Customer) under the Agreement are free from the intellectual property rights of Third Parties. Customer indemnifies Like it a Lot against claims by third parties with regard to intellectual property rights on materials or data provided by Customer, which are used in the implementation of the Agreement. Customer is obliged to pay compensation for all damage that Like it a Lot suffers as a result of claims with regard to rights claimed by third parties. Furthermore, Customer is obliged to provide Like it a Lot with all assistance in and out of court with regard to such claims.
Article 14. Right of retention
- When Like it a Lot has goods from Customer in its possession, Like it a Lot is entitled to keep these goods in its possession until payment of all claims has taken place that Like it a Lot has against Customer at that moment, including, but not limited to, claims arising from the Agreement, any other agreement and claims arise under the law.
- Customer is not entitled to a right of retention.
Article 15. Liability and Indemnification
- Except in the case of intent or gross negligence on the part of Like it a Lot, Like it a Lot is never liable for damage as a result of defects in or to products sold, services rendered or work performed, both at the Customer and at third parties. Like it a Lot is also not liable for errors by staff or third parties engaged by Like it a Lot in the context of the implementation of the Agreement, except in the case of intent or gross negligence on the part of managerial staff or third parties engaged by manager.
- The liability of Like it a Lot is in all cases limited to the amount that its liability insurance pays out in the particular case, but will be the amount of the invoice value of the order in the event of liability for a shortcoming in the fulfillment of an Agreement for delivery, at least to that part of the order to which the liability relates. In other cases, if the insurer of Like it a Lot does not pay out, the liability of Like it a Lot is at all times limited to the amount of € 2,500 (in words: two thousand five hundred Euros).
- Like it a Lot is only liable for direct damage. Direct damage is understood to mean the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage referred to in this paragraph and any reasonable costs incurred to have the defective performance of Like it a Lot comply with the Agreement, insofar as these can be attributed to Like it a Lot and reasonable costs incurred to prevent or limit damage, insofar as Customer demonstrates that these costs have led to limitation of the direct damage as referred to in these terms and conditions.
- Like it a Lot is never liable for indirect damage, including, but not limited to, lost profit, lost savings, business interruption, personal injury and damage to third parties, not even in the event of non-compliance or improper fulfillment of a repair obligation.
- If Customer should fail to comply with the Agreement, Customer is liable for all damage on the part of Like it a Lot that has arisen directly or indirectly as a result, such as (but not limited to) lost profits, lost savings and other trading losses.
- Customer indemnifies Like it a Lot against (possible) claims from third parties related to the implementation of the Agreement. All costs and damage on the part of Like it a Lot that arise as a result will be fully borne by Customer. This indemnification obligation does not apply if the claim by third parties is the result of like it a Lot’s willful reckless or intentional act.
- Claims and other powers of Customer on any account whatsoever towards Like it a Lot lapse in any case after the expiry of 1 year from the moment a fact occurs based on which Customer acquires these rights and/or powers towards Like it a Lot.
Article 16. Marketing and communication
- Customer grants Like it a Lot the right to use the (trade) name(s), place of business, logo(s) and other indications related to Customer for marketing purposes. The previous indications can be used, among other (but not exclusively) to promote Like it a Lot and as a reference on social media and / or the Like it a Lot website.
- Like it a Lot grants Customer the right to use the brands and logos as indicated on the items that Customer buys and receives from Like it a Lot for marketing purposes, including mention on social media and website(s).
Article 17. Confidentiality
- Customer is obliged to maintain confidentiality of all data, information and knowledge obtained from Like it a Lot of which Customer knows or should have known the confidentiality.
- Customer guarantees and warrants that its employees, third parties and advisors engaged by it will adhere to the same confidentiality obligation.
Article 18. Data and privacy
- Unless otherwise agreed in writing with Customer, Like it a Lot may, without further restrictions, store, process and (re)use all information, insofar as this information cannot be regarded as personal data, that Like it a Lot obtains both in the phase prior to the conclusion of an Agreement and during the implementation of an Agreement.
- Insofar as Like it a Lot and Customer share personal data with each other in the context of the (possible) conclusion of an Agreement or in the implementation of an Agreement, they will reasonably comply with the requirements arising from the applicable privacy legislation.
- Customer guarantees that – in view of the nature of the data and the state of the art – it will take appropriate technical and organizational measures to protect any personal data that Customer receives from Like it a Lot.
- Customer guarantees that all data (such as personal data) that it makes available to Like it a Lot has been obtained lawfully, has been made available to Like it a Lot in a lawful and secure manner and that the data does not infringe any rights of third parties. Customer indemnifies Like it a Lot against all claims or actions of public authorities and/or individuals against Like it a Lot, arising from any infringement by Customer and/or its processor of any third-party rights or obligations arising from privacy legislation.
- With regard to all data and personal data that Like it a Lot receives from Customer, Like it a Lot will take all necessary security measures and observe complete confidentiality, unless disclosure is necessary for the implementation of an agreement or compliance with a legal provision or court order.
Article 19. Applicable law and disputes
- The Agreement, these General Terms and Conditions and any agreements arising from the Agreement are exclusively governed by Dutch law. The applicability of the Vienna Convention on Contracts for the International Sale of Goods is excluded.
- All disputes that may arise between parties will be settled in the first instance by the District Court of the Northern Netherlands, Assen location, this except insofar as mandatory rules of jurisdiction would preclude this choice.
Article 20. Other provisions
- If any article or part of a certain article in the Agreement and the present General Terms and Conditions should prove to be invalid or voidable, the other conditions remain in force and the invalid article or part thereof is deemed to have been converted in such a way that it is brought in accordance with the apparent intentions of Like it a Lot, in such a way that the article is no longer invalid or voidable.
- These General Terms and Conditions have been filed with the Chamber of Commerce in Groningen under number 81706448.
- Unless explicitly agreed otherwise, the most recently filed version of these terms and conditions applies each time.
- The Dutch text of the general terms and conditions is always decisive for the explanation thereof.
Like it a Lot has the right to unilaterally amend these general terms and conditions and to declare them applicable to the existing Agreements. Customer will be informed in writing or by email of the new version of these general terms and conditions and of the date of entry into force.
- Please contact Like it a Lot for questions and / or remarks. Contact details can be found on our website https://www.likeitalot.nl.
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