General terms and conditions

General terms and conditions Everyone Happy

Everyone Happy
Princess Margrietlaan 15
2404HA Alphen aan den Rijn

Chamber of Commerce number: 80929664

Email: info@iedereenblij.nl
Telephone: 085 800 0332
Website: iedereenblij.nl

Definitions

Iedereen Blij, part of WGN BV, located at Prinses Margrietlaan 15, 2404HA, Alphen aan den Rijn (note: not a visiting or return address) under Chamber of Commerce number 80929664.
Customer: the person with whom Iedereen Blij has entered into an agreement.
Parties: Everyone Happy and customer together.
Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Iedereen Blij.
Parties may only deviate from these terms and conditions if they have expressly agreed to do so in writing.
The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.

Prices

All prices used by Iedereen Blij are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transportation expenses, unless expressly stated otherwise or otherwise agreed.
Iedereen Blij may change all prices that it uses for its products, on its website or otherwise made known, at any time.
Increases in the cost prices of products or parts thereof, which Iedereen Blij could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.
The consumer has the right to terminate 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.

Monsters and models

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.

Payments and payment terms

When entering into the agreement, Iedereen Blij may request a down payment of up to 50% of the agreed amount.
The customer must have made subsequent payments within 1 month after delivery.
Payment terms are considered strict deadlines. This means that if the customer has not paid the agreed amount by the last day of the payment term, they are automatically in default, without Iedereen Blij needing to send the customer a reminder or give notice of default.
Iedereen Blij reserves the right to make delivery dependent on immediate payment or to demand security for the total amount of the services or products.

Consequences of not paying on time

If the customer does not pay within the agreed term, Iedereen Blij 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, whereby a part of a month is counted as a full month.
If the customer is in default, he is also liable to pay extrajudicial collection costs and any compensation to Iedereen Blij.
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, Iedereen Blij may suspend its obligations until the customer has fulfilled its payment obligation.
In the event of liquidation, bankruptcy, seizure or suspension of payments on the part of the customer, Iedereen Blij's claims on the customer are immediately due and payable.
If the customer refuses to cooperate with the execution of the agreement by Iedereen Blij, he is still obliged to pay the agreed price to Iedereen Blij.

Right of complaint

As soon as the customer is in default, Iedereen Blij is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
Iedereen Blij invokes the right to complain by means of a written or electronic communication.
Once the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Iedereen Blij, unless the parties make other arrangements in this regard.
The costs of retrieving or returning the products will be borne by the customer.

Right of withdrawal

A consumer can cancel an online purchase within a reflection 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 adapted specifically for the consumer
it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
the seal is still intact, in the case of data carriers with digital content (DVDs, CDs, etc.)
the product or service does not concern accommodation, travel, restaurant business, transport, catering order or form of leisure activity
the product is not a loose magazine or loose newspaper
the consumer has not waived his right of withdrawal

The 14-day reflection period referred to in paragraph 1 commences:
- on the day after the consumer has received the last product or part of 1 order
- once the consumer has confirmed that he will purchase digital content via the internet
The consumer can make their right of withdrawal known via info@iedereenblij.nl, if desired using the withdrawal form that can be downloaded from the Iedereen Blij website, iedereenblij.nl.
The consumer is obliged to return the product to Iedereen Blij within 14 days after notification of his right of withdrawal, otherwise his right of withdrawal will lapse.

Reimbursement of delivery costs

If the consumer has made timely use of his right of withdrawal and as a result has returned the entire order to Iedereen Blij in time, Iedereen Blij will refund any shipping costs paid by the consumer within 14 days of receipt of the timely and complete returned order.
Delivery costs will only be borne by Iedereen Blij if the entire order is returned.

Reimbursement of return costs

If the consumer exercises his right of withdrawal and returns the entire order on time, the costs for returning the entire order will be borne by the consumer.

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.

Right of retention

Iedereen Blij may invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices to Iedereen Blij, unless the customer has provided sufficient security for those costs.
The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Iedereen Blij.
Iedereen Blij is never liable for any damage that the customer may suffer as a result of exercising his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to offset a debt to Iedereen Blij against a claim on Iedereen Blij.

Retention of title

Iedereen Blij remains the owner of all delivered products until the customer has fully met all its payment obligations to Iedereen Blij under any agreement concluded with Iedereen Blij, including claims relating to failure to perform.
Until then, Iedereen Blij can invoke its retention of title and take back the items.
Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
If Iedereen Blij invokes its retention of title, the agreement will be deemed terminated and Iedereen Blij will be entitled to claim damages, lost profits and interest.

Delivery

Delivery will take place while stocks last.
Delivery will take place at Iedereen Blij, unless the parties have agreed otherwise.
Delivery of products ordered online will take place at the address specified by the customer.
If the agreed amounts are not paid or are not paid on time, Iedereen Blij has the right to suspend its obligations until the agreed portion has been paid.
In the event of late payment, the creditor is in default, with the result that the customer cannot object to late delivery to Iedereen Blij.

Delivery time

The delivery times stated by Iedereen Blij are indicative and do not entitle the customer to cancellation or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
The delivery time commences when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation from Iedereen Blij.
Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Iedereen Blij cannot deliver within 14 days after being notified in writing to do so or the parties have agreed otherwise.

Actual delivery

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

Transportation costs

Transportation costs are borne by the customer, unless the parties have agreed otherwise.

Packaging and shipping

If the packaging of a delivered product is opened or damaged, the customer must have a note made of this by the carrier or delivery person before receiving the product, failing which Iedereen Blij cannot be held liable for any damage.
If the customer arranges for the transport of a product themselves, they must report any visible damage to products or packaging to Iedereen Blij prior to transport, failing which Iedereen Blij cannot be held liable for any damage.

Preservation

If the customer orders products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
Any additional costs resulting from premature or late collection of products will be borne entirely by the customer.

Warranty

The warranty with respect to products applies only to defects caused by defective manufacture, construction or material.
The warranty does not apply to normal wear and tear and damage resulting from accidents, modifications to the product, negligence or improper use by the customer, or where 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 shall pass to the customer at the moment when they are legally and/or actually delivered, or at least come into the possession of the customer or of a third party who receives the product on behalf of the customer.

Indemnification

The customer indemnifies Iedereen Blij against all claims from third parties relating to the products and/or services supplied by Iedereen Blij.

Complaints

The customer must examine a product or service supplied by Iedereen Blij as soon as possible for any deficiencies.
If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Iedereen Blij of this as soon as possible, but in any case within 1 month of discovering the shortcomings.
Consumers must inform Iedereen Blij of any deficiencies within 2 months of discovering them.
The customer must provide as detailed a description as possible of the deficiency so that Iedereen Blij 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 cannot in any case lead to Iedereen Blij being obliged to perform work other than that agreed upon.

Notice of default

The customer must notify Iedereen Blij of any notice of default in writing.
It is the customer's responsibility to ensure that a notice of default actually reaches Iedereen Blij (on time).

Customer's joint and several liability

If Iedereen Blij enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts they owe to Iedereen Blij under that agreement.

Liability Everyone Happy

Iedereen Blij is solely liable for any damage suffered by the customer if and to the extent that such damage is caused by intent or deliberate recklessness.
If Iedereen Blij is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
Iedereen Blij is never liable for indirect damages, such as consequential damages, lost profits, lost savings or damage to third parties.
If Iedereen Blij is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance and in the absence of (full) payment of the amount of damages by an insurance company, liability is limited to the (part of the) invoice amount to which the liability relates.
All images, photos, colors, drawings, and descriptions on the website or in a catalog are for indicative purposes only and are approximate only. They cannot give rise to compensation and/or (partial) termination of the agreement and/or suspension of any obligation.

Expiration date

Any right the customer has to claim damages from Iedereen Blij will expire 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 of termination

The customer has the right to terminate the agreement if Iedereen Blij is culpably in breach of its obligations, unless this breach, given its special nature or minor significance, does not justify termination.
If the fulfillment of the obligations by Iedereen Blij is permanently or temporarily impossible, dissolution can only take place after Iedereen Blij is in default.
Iedereen Blij has the right to terminate the agreement with the customer if the customer does not fully or timely fulfill their obligations under the agreement, or if Iedereen Blij has become aware of circumstances that give them good reason to fear that the customer will not be able to properly fulfill their obligations.

Force majeur

In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Iedereen Blij to fulfil any obligation towards the customer cannot be attributed to Iedereen Blij in a situation beyond the control of Iedereen Blij, as a result of which the fulfilment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfilment of its obligations cannot reasonably be expected of Iedereen Blij.
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, delivery personnel or other third parties; unexpected power, electricity, internet, computer or telecom disruptions; 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 Iedereen Blij cannot fulfil one or more obligations to the customer, those obligations will be suspended until Iedereen Blij can fulfil them again.
From the moment a force majeure situation has lasted for at least 30 calendar days, either party may terminate the agreement in writing in whole or in part.
In the event of force majeure, Iedereen Blij is not liable for any compensation (for damages), even if it enjoys any benefit as a result of the force majeure situation.

Amendment of the agreement

If, after the conclusion of the agreement, it appears necessary to change or supplement its content for its implementation, the parties shall adjust the agreement accordingly in a timely manner and in mutual consultation.
The preceding paragraph does not apply to products purchased in a physical store.

Changes to the general terms and conditions

Iedereen Blij is entitled to amend or supplement these general terms and conditions.
Minor changes may be made at any time.
Iedereen Blij will discuss major content changes with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a material change to the general terms and conditions.

Transfer of rights

Customer rights arising from an agreement between the parties may not be transferred to third parties without the prior written consent of Iedereen Blij.
This provision shall be deemed to be a clause with property law effect as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.

Consequences of nullity or voidability

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

Applicable law and competent court

Dutch law applies exclusively to any agreement between the parties.
The Dutch court in the district where Iedereen Blij is established / practices / has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

Drafted on February 14, 2023.