GENERAL TERMS AND CONDITIONS
Webviz E-mail: info@webviz.nl
Website: Webviz.nl
Definitions
Webviz: Webviz, established in Gemert, Chamber of Commerce no. .
Customer: the party which Webviz has entered into an agreement with.
Parties: Webviz and customer together.
Consumer: a customer who is an individual acting for private purposes.
Applicability
These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of
services or products by or on behalf of Webviz.
Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the
customer or of third parties.
Prices
All prices used by Webviz are in euros, are exclusive of VAT and exclusive of any other costs such as administration
costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
Webviz is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at
any time.
The parties agree on a total price for a service provided by Webviz. This is always a target price, unless the parties
have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
Webviz is entitled to deviate up to 10% of the target price.
If the target price exceeds 10%, Webviz must let the customer know in due time why a higher price is justified.
If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price
by 10%.
Webviz has the right to adjust prices annually.
Webviz will communicate price adjustments to the customer prior to the moment the price increase becomes
effective.
The consumer has the right to terminate the contract with Webviz if he does not agree with the price increase.
Payments and payment term
Webviz may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
The customer must have paid the full amount within 14 days, after delivery.
Payment terms are considered as fatal 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, without Webviz having to send the customer
a reminder or to put him in default.
Webviz reserves the right to make a delivery conditional upon immediate payment or to require adequate security for
the total amount of the services or products.
Consequences of late payment
If the customer does not pay within the agreed term, Webviz is entitled to charge an interest of 8% per month for
commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole
month.
When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any
compensation to Webviz.
The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
If the customer does not pay on time, Webviz may suspend its obligations until the customer has met his payment
obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of
5.
6.
1.
2.
3.
1.
2.
1.
2.
3.
4.
5.
1.
2.
In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of
Webviz on the customer are immediately due and payable.
If the customer refuses to cooperate with the performance of the agreement by Webviz, he is still obliged to pay the
agreed price to Webviz.
Right of withdrawal
A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason,
provided that:
the service does not concern accommodation, travel, restaurant business, transport, catering assignment or
form of leisure activity
the purchase does not concern an (assignment to) urgent repair
it does not concern a service that is fully performed with the consent of the customer within the 14 calendar
days right of withdrawel period and the consumer has not renounced his right of withdrawal
The cooling-off period of 14 days as referred to in paragraph 1 commences:
as soon as the consumer has purchased a service for the first time
as soon as the consumer has confirmed the purchase of digital content via the internet
The consumer can notify his right of withdrawal via info@webviz.nl, if desired by using the withdrawal form that
can be downloaded via the website of Webviz, Webviz.nl.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Settlement
The customer waives his right to settle any debt to Webviz with any claim on Webviz.
Insurance
The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water
damage as well as theft:
goods delivered that are necessary for the execution of the underlying agreement
goods being property of Webviz that are present at the premises of the customer
goods that have been delivered under retention of title
At the first request of Webviz, the customer provides the policy for these insurances for inspection.
Guarantee
When parties have entered into an agreement with services included, these services only contain best-effort
obligations for Webviz, not obligations of results.
Performance of the agreement
Webviz executes the agreement to the best of its knowledge and ability and in accordance with the requirements of
good workmanship.
Webviz has the right to have the agreed services (partially) performed by third parties.
The execution of the agreement takes place in mutual consultation and after written agreement and payment of the
possibly agreed advance by the customer.
It is the responsibility of the customer that Webviz can start the implementation of the agreement on time.
If the customer has not ensured that Webviz can start the implementation of the agreement in time, the resulting
additional costs and/or extra hours will be charged to the customer.
Duty to inform by the customer
The customer shall make available to Webviz all information, data and documents relevant to the correct execution
of the agreement to in time and in the desired format and manner.
The customer guarantees the correctness, completeness and reliability of the information, data and documents made
2.
3.
4.
1.
2.
3.
1.
2.
1.
2.
3.
4.
5.
6.
1.
2.
1.
2.
3.
The customer guarantees the correctness, completeness and reliability of the information, data and documents made
available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
If and insofar as the customer requests this, Webviz will return the relevant documents.
If the customer does not timely and properly provides the information, data or documents reasonably required by
Webviz and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours
will be charged to the customer.
Duration of the service agreement
The agreement between Webviz and the customer is entered into for an indefinite period of time, unless it results
otherwise from the nature of the agreement or the parties have expressly agreed otherwise in writing.
If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the
term, unless 1 of the parties terminates the contract with due observance of a notice period of 2 month(s), or if a
consumer terminates the agreement with due observance of a notice period of 1 month causing the agreement to end
at the end of the fixed term.
If the parties have agreed upon a term for the completion of certain activities, this is never a strict deadline, unless
specified explicitly otherwise in writing. If this term is exceeded, the customer must give Webviz a written
reasonable term to terminate the activities, before it may either terminate the contract or claim damages.
Cancellation of the contract for an indefinite period of time
The customer can terminate an agreement that has been concluded for an indefinite period at any time with due
observance of a notice period of 2 months.
A consumer has the right to terminate an agreement for an indefinite period with due observance of a notice period of
1 month.
Indemnity
The customer indemnifies Webviz against all third-party claims that are related to the products and/or services
supplied by Webviz.
Complaints
The customer must examine a product or service provided by Webviz as soon as possible for possible shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the
agreement, the customer must inform Webviz of this as soon as possible, but in any case within 1 month after the
discovery of the shortcomings.
Consumers must inform Webviz of this within two months after detection of the shortcomings.
The customer gives a detailed description as possible of the shortcomings, so that Webviz 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 Webviz being forced to perform other work
than has been agreed.
Giving notice
The customer must provide any notice of default to Webviz in writing.
It is the responsibility of the customer that a notice of default actually reaches Webviz (in time).
Joint and several Client liabilities
If Webviz enters into an agreement with several customers, each of them shall be jointly and severally liable for the
full amounts due to Webviz under that agreement.
Liability of Webviz
Webviz is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross
negligence.
If Webviz is liable for any damage, it is only liable for direct damages that results from or is related to the execution
of an agreement.
Webviz is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third
3.
4.
5.
1.
2.
3.
1.
2.
3.
4.
5.
1.
2.
3.
4.
1.
2.
Webviz is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third
parties.
If Webviz is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the
absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part
of the) invoice to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only
approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of
any obligation.
Expiry period
Every right of the customer to compensation from Webviz shall, in any case, expire within 12 months after the event
from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil
Code.
Dissolution
The customer has the right to dissolve the agreement if Webviz imputably fails in the fulfillment of his obligations,
unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
If the fulfillment of the obligations by Webviz is not permanent or temporarily impossible, dissolution can only take
place after Webviz is in default.
Webviz has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his
obligations under the agreement, or if circumstances give Webviz good grounds to fear that the customer will not be
able to fulfill his obligations properly.
Force majeure
In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Webviz in the fulfillment of any
obligation to the customer cannot be attributed to Webviz in any situation independent of the will of Webviz, when
the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its
obligations cannot reasonably be required from Webviz .
The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such
as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other
third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes,
government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a situation of force majeure arises as a result of which Webviz cannot fulfill one or more obligations towards the
customer, these obligations will be suspended until Webviz can comply with it.
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.
Webviz does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any
advantages as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement
its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
Webviz is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major changes in content will be discussed by Webviz with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and
conditions.
Transfer of rights
The customer cannot transfer its rights deferring from an agreement with Webviz to third parties without the prior
written consent of Webviz.
This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
1.
2.
1.
2.
Consequences of nullity or annullability
If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other
provisions of these terms and conditions.
A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Webviz
had in mind when drafting the conditions on that issue.
Applicable law and competent court
Dutch law is exclusively applicable to all agreements between the parties.
The Dutch court in the district where Webviz is established is exclusively competent in case of any disputes between
parties, unless the law prescribes otherwise.
English 
Nederlands