Terms and conditions

GENERAL TERMS AND CONDITIONS OF TREB HORECALINNEN (TREB) FOR
PRIVATE INDIVIDUALS, COMPANIES AND INSTITUTIONS


Article 1: Definitions
In these terms and conditions, the following definitions apply:
1. Terms and conditions: these general terms and conditions.
2. Counterparty: the natural person or legal entity with whom Treb has entered into an agreement or is negotiating an agreement.
3. Parties: Treb Horecalinnen, Rokerijweg 8, 1271 AH HUIZEN, hereinafter referred to as Treb, and the natural person or legal entity that has entered into an agreement or is negotiating an agreement.

Article 2: Scope of the terms and conditions
The provisions of these terms and conditions apply to all assignments, arrangements and agreements in which Treb is a party.

Article 3: Nullity or voidability of (part of) the terms and conditions
1. The nullity or voidability of one or any of the provisions of these terms and conditions or of any provision in an agreement entered into between the parties shall not affect the validity of the remaining provisions of these terms and conditions or of that agreement.
2. In the event of nullity or voidability as referred to in paragraph 1, the parties shall replace the provision(s) with an arrangement that best approximates the original intent of the provision.

Article 4: Battle of forms
1. The parties exclude the applicability of Article 225 of Book 6 of the Dutch Civil Code in cases where the counterparty also refers to its general terms and conditions.
2. In the situation referred to in the preceding paragraph, these general terms and conditions shall always apply, to the exclusion of the counterparty's general terms and conditions.

Article 5: Formation of the agreement
1. Agreements are entered into online by accepting these terms and conditions
2. The mere issuance of an offer, price quotation, estimate, preliminary calculation or similar communication does not obligate Treb to enter into an agreement with the counterparty.

Article 6: Content of the agreement
1. The content of the agreement is determined by Treb's online record of what has been agreed.
2. If there is no online confirmation or order confirmation, the content of the agreement is determined by an online order placed with Treb and accepted by the counterparty, unless Treb has raised an online objection to its content within 15 days of receipt.

Article 7: Anticipatory rescission of the agreement
1. Treb is entitled to rescind the agreement with the counterparty even before the claims arising from the agreement become due if it becomes aware of circumstances that give it reasonable grounds to fear that the counterparty will not fulfill its obligations to Treb.
2. An example of the circumstances referred to in paragraph 1 is a situation in which, after the agreement has been entered into, Treb learns that the counterparty has previously failed to fulfill its obligations under agreements with third parties.

Article 8: Duration of the agreement
1. Unless the parties have agreed otherwise, agreements are entered into for a single transaction
.

Article 9: Notice, rescission and termination of the agreement
1. Termination of an agreement requires provable online notice. Notice by the client must be given no later than 30 minutes after concluding the agreement.
2. Early notice or rescission of the agreement is only possible if one of the parties materially breaches the agreement. If, in the opinion of one of the parties, the other party materially breaches the agreement, it shall immediately inform the other party by email. The breaching party will then be given 14 days to remedy the breach. If the breaching party continues to be in breach during this period, the agreement may be terminated or rescinded in whole or in part, unless, given the special nature or minor significance of the breach, such termination or rescission and its consequences are not justified.
3. In any event, notice or rescission is not justified in the event of:
- minor or unavoidable deviations in quality, colour, finish and the like, as well as shrinkage;
- damage caused by the movement or suspension of mechanical equipment, provided that Treb has taken all reasonable precautions;
- damage resulting from the dismantling of goods or mechanical equipment;
- damage caused by incorrect information provided by the counterparty.

4. The agreement ends without prior notice:
1. If one of the parties, acting in business as a natural person or on behalf of a one-person BV, dies;
2. In the event of suspension of business, liquidation, or at the time of application for a moratorium on payments or bankruptcy of one of the parties.

Article 10: Payment, set-off, security
1. If the counterparty disagrees with the invoiced amount, it shall immediately, but no later than within the 7-day payment term, notify Treb in writing, failing which the counterparty is deemed to agree with the invoiced amount.
2. If the payment term is exceeded, the counterparty is in default without the need for prior notice of default or warning. For every breach of the payment term, the counterparty owes interest on the overdue amount equal to the current promissory note discount rate increased by 2 percentage points per annum. Interest is calculated daily, with a part of a day counted as a full day.
3. Every breach of the payment term entitles Treb to suspend its obligations to the counterparty immediately and without prior written notice.
4. In the event of non-payment or late payment, in addition to the amount due and interest accrued thereon, the counterparty is liable for full compensation of both extrajudicial and judicial collection costs, including the costs of lawyers, bailiffs and collection agencies. This is subject to a minimum of €300.00 for each month that payments are outstanding.
5. Any right of set-off by the counterparty, on whatever grounds, is excluded. Payments made by the counterparty shall first be applied to the interest and costs due and then to the oldest unpaid invoices, even if the counterparty states that the payment relates to a later invoice.
6. The counterparty undertakes to provide security or supplement existing security upon Treb's first request to ensure the fulfillment of its payment obligations under the agreement.
7. Payments may be made by iDEAL (preferably), credit card, PayPal and on account.

Article 11: Liability
1. Treb is not liable for any damage suffered or to be suffered by the counterparty or third parties, of whatever nature or extent, arising out of or in connection with the performance of the agreement or the failure to perform it, unless there is intent or gross negligence.
2. If and to the extent that Treb may be found liable to the counterparty, on whatever grounds, such liability shall be limited per claim/event to the amount that is paid by Treb's insurer in respect of this liability under the policy conditions. A series of related claims/events shall be considered one claim/event. If such insurance is not available to Treb, liability as referred to in this paragraph shall be limited to a maximum of the countervalue of the agreed performance specified on the invoice (excluding VAT).
3. If Treb is held liable by a third party for any damage for which it is not liable under the agreement or these terms and conditions, the counterparty shall fully indemnify Treb in this regard.
4. The counterparty shall manage goods from Treb that it receives in the course of performing the agreement as a prudent owner and bears all risks associated with these items. If desired, the counterparty shall take out its own insurance against these risks and is liable to Treb for loss of and damage to those goods for whatever cause.

Article 12: Complaints
1. If the counterparty believes that Treb is in breach of the agreement in any way, it shall immediately, but no later than 7 days after discovering the breach or within 7 days after it could reasonably have become aware of the breach, notify Treb in writing, failing which the counterparty can no longer rely on this breach.
2. Notwithstanding the first paragraph, complaints regarding the handling of goods supplied by the counterparty or the quality of the items rented by Treb to the counterparty must be reported in writing to Treb within 2 days after the goods have been delivered to the counterparty, failing which it is established that the handling or quality is in accordance with the agreement.
3. Complaints do not suspend the counterparty's payment obligation.
4. Deviations from the quality of the goods delivered or services provided that are considered acceptable within the industry or unavoidable do not constitute grounds for complaints, rescission of the agreement or compensation

Article 13: Force majeure
1. In addition to the provisions of Articles 9 and 11 of these terms and conditions, it is agreed that breaches by Treb that are not attributable to its fault and are not attributable to it under law, legal acts or generally accepted principles shall not entitle the counterparty to rescind the agreement or claim compensation.
2. The situations referred to in the preceding paragraph include, in any event, business interruptions, strikes, trade union actions, staff illness, interruptions in or restrictions on the supply of energy and materials, transport disruptions, fire, explosions, riots, vandalism, mobilization, civil unrest, war, export restrictions, as well as all other government measures that wholly or partially impede the performance of the agreement, frost, storms or unworkable weather, floods, any hindrance by third parties who are involved in the performance of the agreement whether or not at Treb's request, failures by auxiliary personnel, machine breakdowns and the total or partial loss of goods necessary for the performance of the agreement, as well as other accidents. This also applies to companies engaged by Treb to perform the agreement.

Article 14: Treb's property rights
1. All goods supplied by Treb remain the property of Treb until paid for.
2. The counterparty is not permitted to alienate supplied goods in any way, make them immovable by incorporation, encumber them in the context of providing security to third parties, rent them out further or otherwise place them in the possession of third parties.
3. Goods put into use or rented out shall be deemed to remain movable.

Article 15: Insurance
1. The counterparty is obliged to fully insure the goods supplied by Treb against the risks of fire, theft and water damage.

Article 16: Disputes
1. In all disputes between the parties, the District Court in the location where Treb is established shall have jurisdiction.
2. Notwithstanding the provisions of the preceding paragraph, in cases involving a dispute regarding the quality of the goods rented by Treb to the counterparty or the handling of goods supplied by the counterparty, a binding opinion shall first be obtained in the form of a report issued by an expert agency.

Article 17: Applicable law
Dutch law applies to the legal relationship between Treb and the counterparty.