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General Terms and Conditions

Yamsterdam  
E-mail: info@yamsterdam.com
Website: www.yamsterdam.com        

Definitions      

1. Yamsterdam:  Amsterdam Rental Agency, established in Amsterdam,  Chamber of Commerce no. 67072372.  
2. Customer:  the party which Yamsterdam has  entered into an agreement with.  
3. Parties:  Yamsterdam and customer together.        
4. Consumer:  a customer who is an individual acting for private purposes.        

Applicability      

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

Prices        

1. All  prices used by Yamsterdam are in  euros, are inclusive 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.  
2. Yamsterdam  is entitled to adjust all prices for its products or services, shown in its  shop, on its website or otherwise,  at any time.  
3. Increases  in the cost prices of products or parts thereof, which Yamsterdam could not foresee at the time of making  an offer or the conclusion of the agreement, may give  rise to price increases.  
4. 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 statutory  regulation.        
5. Yamsterdam  offers services on the basis of no cure no pay.  
6. In the  case of no cure no pay, the payment obligation for the customer arises when  the agreed result has been  achieved.        

Payments and payment term        

1. Yamsterdam  may, at the conclusion of the agreement, require a down payment of up to 50%  of the agreed amount.  
2. The  customer must have paid the full amount within 7 days, after delivery.  
3. 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 Yamsterdam  having to send the  customer a reminder or to put him in default.        
4. Yamsterdam  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        

1. If the  customer does not pay within the agreed term, Yamsterdam is entitled to charge an interest of 2% per month  for non-commercial transactions and 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.  
2. When the  customer is in default, he is also due to extrajudicial collection costs and  may be obliged to pay any  compensation to Yamsterdam.  
3. The  collection costs are calculated on the basis of the Reimbursement for  extrajudicial collection costs.
4. If the  customer does not pay on time, Yamsterdam  may suspend its obligations until the customer has met his  payment obligation.        
5. In the  event of liquidation, bankruptcy, attachment or suspension of payment on  behalf of the customer, the claims of  Yamsterdam on the customer are immediately due and  payable.            
6. If the  customer refuses to cooperate with the performance of the agreement by Yamsterdam, he is still obliged to pay  the agreed price to Yamsterdam.        

Right of withdrawal

1. A  consumer may cancel an online purchase during a cooling-off 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, like food  or flowers        the product is not specially tailored for the  consumer or adapted to its special needs  it is not a product that may not be returned for  hygienic reasons (underwear, swimwear, etc.)  the seal is still intact, when the product is a data  carrier with digital content (DVDs, CDs, etc.)  the product is not a (holiday)trip, a transportation  ticket, a catering order or a form of leisure activity,  the product is not a separate magazine or a loose  newspaper        the consumer has not renounced his right of  withdrawal        The following are also excluded:        social services and health care  gambling activities  financial services        package holidays        passenger transport services  immovable property (house, land)  agreements that require a notary  agreements for an amount of less than € 50        
2. The  cooling-off period of 14 days as referred to in paragraph 1 commences:        on the day after the consumer has received the last  product or part of 1 order  as soon as the consumer has received the first the  product of a subscription        as soon as the consumer has confirmed the purchase of  digital content via the internet  
3. The  consumer can notify his right of withdrawal via info@yamsterdam.com, if desired by using the withdrawal form  that can be downloaded via the website of Yamsterdam, www.yamsterdam.com.  
4. The  consumer is obliged to return the product to  Yamsterdam within 14 days after the notification of his right of  withdrawal, after which period his right of withdrawal  will lapse.        

Right of recovery of goods        
1. As soon  as the customer is in default, Yamsterdam  is entitled to invoke the right of recovery with regard to the  unpaid products delivered to the customer.  
2. Yamsterdam  invokes the right of recovery by means of a written or electronic  announcement.  
3. As soon  as the customer has been informed of the claimed right of recovery, the  customer must immediately return  the products concerned to Yamsterdam, unless the parties agree to make other arrangements  about this.  
4. The  costs for the collection or return of the products are at the expense of the  customer.        

Right of withdrawal        
1. A  consumer may cancel an online purchase during a cooling-off 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, like food  or flowers        
the product is not specially tailored for the  consumer or adapted to its special needs  it is not a product that may not be returned for  hygienic reasons (underwear, swimwear, etc.)  the seal is still intact, when the product is a data  carrier with digital content (DVDs, CDs, etc.)  the service does not concern accommodation, travel,  restaurant business, transport, catering assignment or  form of leisure activity        the product is not a separate magazine or a loose  newspaper  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        
2. The  cooling-off period of 14 days as referred to in paragraph 1 commences:  on the day after the consumer has received the last  product or part of 1 order        as soon as the consumer has received the first the  product of a subscription  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  
3. The  consumer can notify his right of withdrawal via info@yamsterdam.com, if desired by using the withdrawal form  that can be downloaded via the website of Yamsterdam, www.yamsterdam.com.  
4. The  consumer is obliged to return the product to  Yamsterdam within 14 days after the notification of his right of  withdrawal, after which period his right of  withdrawal will lapse.        

Reimbursement of delivery costs        
1. If the  purchase costs and any other costs (such as delivery costs) are eligible for  reimbursement according to the law,  Yamsterdam will refund these costs to the consumer  within 14 days of receipt of the timely appeal to the right of  withdrawal, provided that the consumer has returned  the product to Yamsterdam in time.        
2. The  costs for return are only reimbursed by Yamsterdam  if the complete order is returned.        

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

Suspension of obligations by the customer        
The customer waives the right to suspend the  fulfillment of any obligation arising from this agreement.  

Right of retention        
1. Yamsterdam  can appeal to his right of retention of title and in that case retain the products  sold by Yamsterdam to the  customer until the customer has paid all outstanding  invoices with regard to Yamsterdam,  unless the customer has  provided sufficient security for these payments.  
2. The  right of retention of title also applies on the basis of previous agreements  from which the customer still owes  payments to Yamsterdam.        
3. Yamsterdam  is never liable for any damage that the customer may suffer as a result of  using his right of retention of  title.        Settlement        The customer waives his right to settle any debt to Yamsterdam with any claim on Yamsterdam.        

Retention of title        
1. Yamsterdam  remains the owner of all delivered products until the customer has fully  complied with all its payment  obligations with regard to Yamsterdam under whatever agreement with Yamsterdam including of claims regarding  the shortcomings in the performance.  
2. Until  then, Yamsterdam can invoke its  retention of title and take back the goods.  
3. Before  the property is transferred to the customer, the customer may not pledge,  sell, dispose of or otherwise  encumber the products.        
4. If  Yamsterdam invokes its retention of title, the agreement will be dissolved  and Yamsterdam has the right to  claim  compensation, lost profits and interest.        

Delivery        
1. Delivery  takes place while stocks last.  
2. Delivery  takes place at Yamsterdam unless  the parties have agreed upon otherwise.  
3. Delivery  of products ordered online takes place at the address indicated by the  customer.  
4. If the  agreed price is not paid on time, Yamsterdam  has the right to suspend its obligations until the agreed price is        fully paid.        
5. In the  event of late payment, the customer is automatically in default, and hereby  he cannot object to late delivery by  Yamsterdam.        

Delivery period        
1. Any delivery  period specified by Yamsterdam is  indicative and does not give the customer the right to dissolution or  compensation if this period is not met with, unless  the parties have expressly agreed otherwise in writing.  
2. The  delivery starts once the customer has fully completed the (electronic)  ordering process and received an  (electronic) confirmation of his order from Yamsterdam.  
3. Exceeding  the specified delivery period does not entitle the customer to compensation  or the right to terminate the  contract, unless Yamsterdam cannot deliver within 14  days after the customer has urged him to do so in writing or if  the parties have agreed upon otherwise.        

Actual delivery        
The customer must ensure that the actual delivery of  the products ordered by him can take place in time.        
Transport costs        
Transport costs are paid by the customer, unless the  parties have agreed upon otherwise.        

Packaging and shipping        
1. If the  package of a delivered product is opened or damaged, the customer must have a  note drawn up by the  forwarder or delivery person before receiving the  product. In the absence of which Yamsterdam  may not be held  liable for any damage.  
2. If the  customer himself takes care of the transport of a product, he must report any  visible damage to products or the  packaging prior to the transport to Yamsterdam, failing which Yamsterdam cannot be held liable for any  damage.        

Insurance        
1. 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 Yamsterdam that are present at the premises of the customer  goods that have been delivered under retention of  title        
2. At the  first request of Yamsterdam, the  customer provides the policy for these insurances for inspection.        

Storage        
1. If the  customer orders products later than the agreed delivery date, the risk of any  quality loss is entirely for the  customer.  
2. Any  extra costs as a result of premature or late purchase of products are  entirely at the customer's expense.        

Guarantee        
1. When  parties have entered into an agreement with services included, these services  only contain best-effort  obligations for Yamsterdam,  not obligations of results.  
2. The  warranty relating to products only applies to defects caused by faulty  manufacture, construction or material.  
3. The  warranty does not apply in the event of normal wear and tear and damage  resulting from accidents, changes  made to the product, negligence or improper use by  the customer, or when the cause of the defect cannot clearly be  established.  
4. The risk  of loss, damage or theft of the products that are the subject of an agreement  between the parties, will pass on  to the customer when these products are legally  and/or factually delivered, at least are in the power of the customer or  of a third party who receives the product for the  benefit of the customer.        

Performance of the agreement  
1. Yamsterdam  executes the agreement to the best of its knowledge and ability and in  accordance with the requirements  of good workmanship.  
2. Yamsterdam  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 the  possibly agreed advance by the customer.  
4. It is  the responsibility of the customer that Yamsterdam  can start the implementation of the agreement on time.  
5. If the  customer has not ensured that Yamsterdam  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        
1. The  customer shall make available to Yamsterdam  all information, data and documents relevant to the correct  execution of the agreement to in time and in the  desired format and manner.        
2. 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.  
3. If and  insofar as the customer requests this, Yamsterdam  will return the relevant documents.  
4. If the  customer does not timely and properly provides the information, data or  documents reasonably required by  Yamsterdam 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        
1. The  agreement between Yamsterdam and  the customer is entered into for the duration of 2 years, unless it results  otherwise from the nature of the agreement or if the  parties have expressly agreed otherwise in writing.  
2. 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  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.  
3. 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 Yamsterdam  a written  reasonable term to terminate the activities, before  it may either terminate the contract or claim damages.        

Intellectual property        
1. Yamsterdam  retains all intellectual property rights (including copyright, patent rights,  trademark rights, design and  design rights, etc.) on all designs, drawings,  writings, data carriers or other information, quotations, images, sketches,  models, scale models, etc., unless parties have  agreed otherwise in writing.
2. The  customer may not copy or have copied the intellectual property rights without  prior written permission from  Yamsterdam, nor show them to third parties and / or  make them available or use them in any other way.        

Confidentiality        
1. The  client keeps any information he receives (in whatever form) from Yamsterdam confidential.  
2. The same  applies to all other information concerning  Yamsterdam of which he knows or can reasonably suspect that  it is secret or confidential, or of which it can  expect that its disclosure may cause damage to Yamsterdam.  
3. The  customer takes all necessary measures to ensure that he keeps the information  referred to in paragraphs 1 and 2  secret.  
4. The  obligation of secrecy described in this article does not apply to  information:  which was already made public before the customer  heard this information or which later became public  without being the result of a violation of the  customer's duty to confidentiality  which is made public by the customer due to a legal  obligation        
5. The  confidentiality obligation described in this article applies for the duration  of the underlying agreement and for a  period of 3 years after the end thereof.        

Penalties  
1. If the  customer violates the articles of these general terms and conditions about  secrecy or intellectual property, then  he forfeits on behalf of Yamsterdam an immediately due and payable fine of € 1.000 if the customer is a consumer  and € 5.000 if the customer is a  company, for each violation and in addition an amount of 5% of the  aforementioned  amount for each day that this violation continues.  
2. No  actual damage, prior notice of default or legal proceedings are required in  forfeiting the fine referred to in the first  paragraph of this article.        
3. The  forfeiture of the fine referred to in the first paragraph of this article  shall not affect the other rights of  Yamsterdam including its right to claim compensation  in addition to the fine.        Indemnity        The customer indemnifies Yamsterdam against all third-party claims that are related to  the products and/or services  supplied by Yamsterdam.        

Complaints        
1. The  customer must examine a product or service provided by Yamsterdam as soon as possible for possible  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 Yamsterdam of this as soon as possible,  but in any case within 1 month after  the discovery of the shortcomings.  
3. Consumers  must inform Yamsterdam of this  within two months after detection of the shortcomings.  
4. The  customer gives a detailed description as possible of the shortcomings, so  that Yamsterdam 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 Yamsterdam being forced to perform other  work than has been agreed.        

Giving notice        
1. The  customer must provide any notice of default to Yamsterdam in writing.  
2. It is  the responsibility of the customer that a notice of default actually reaches Yamsterdam (in time).      

Joint and several Client liabilities        
If Yamsterdam enters into an agreement with several  customers, each of them shall be jointly and severally liable for  the full amounts due to Yamsterdam under that agreement.        

Liability of Yamsterdam        
1. Yamsterdam  is only liable for any damage the customer suffers if and insofar as this  damage is caused by intent or  gross negligence.  
2. If  Yamsterdam is liable for any damage, it is only liable for direct damages  that results from or is related to the  execution of an agreement.  
3. Yamsterdam  is never liable for indirect damages, such as consequential loss, lost  profit, lost savings or damage to  third parties.  
4. If  Yamsterdam 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.        
5. 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 Yamsterdam 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            
1. The  customer has the right to dissolve the agreement if Yamsterdam 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.  
2. If the  fulfillment of the obligations by Yamsterdam  is not permanent or temporarily impossible, dissolution can only  take place after Yamsterdam  is in default.  
3. Yamsterdam  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 Yamsterdam good  grounds to fear that the customer  will not be able to fulfill his obligations properly.        

Force majeure        
1. In  addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Yamsterdam in the fulfillment of any  obligation to the customer cannot be attributed to Yamsterdam in any situation independent  of the will of  Yamsterdam, 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 Yamsterdam .  
2. 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.  
3. If a  situation of force majeure arises as a result of which Yamsterdam cannot fulfill one or more obligations towards  the customer, these obligations will be suspended  until Yamsterdam can comply with  it.        
4. 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.  
5. Yamsterdam  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        
1. Yamsterdam  is entitled to amend or supplement these general terms and conditions.  
2. Changes  of minor importance can be made at any time.  
3. Major changes  in content will be discussed by Yamsterdam  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.        

Transfer of rights        
1. The  customer cannot transfer its rights deferring from an agreement with Yamsterdam to third parties without the  prior written consent of Yamsterdam.  
2. This  provision applies as a clause with a property law effect as referred to in  Section 3:83 (2) Dutch Civil Code.        

Consequences of nullity or annullability        
1. 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.  
2. A  provision that is null or annullable shall, in that case, be replaced by a  provision that comes closest to what  Yamsterdam had in mind when drafting the conditions  on that issue.        

Applicable law and competent court        
1. Dutch  law is exclusively applicable to all agreements between the parties.  
2. The  Dutch court in the district where Yamsterdam  is established is exclusively competent in case of any disputes  between parties, unless the law prescribes otherwise.        

AttributionThese terms and conditions were created using a  document from Rocket Lawyer (https://www.rocketlawyer.com/nl  /nl).        Drawn up on 01 October 2022.