Agnes Bompy

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General terms and Conditions Bompy

GENERAL TERMS AND CONDITIONS BOMPY
Definitions
1. BOMPY: Bompy Agnès, established in Amsterdam, Chamber of Commerce no. 34348946.
2. Customer: the party which BOMPY has entered into an agreement with.
3. Parties: BOMPY 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 BOMPY.
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 BOMPY 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. BOMPY is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at
any time.
3. The parties agree on a total price for a service provided by BOMPY. This is always a target price, unless the parties
have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
4. BOMPY is entitled to deviate up to 10% of the target price.
5. If the target price exceeds 10%, BOMPY must let the customer know in due time why a higher price is justified.
6. 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%.
7. BOMPY has the right to adjust prices annually.
8. BOMPY will communicate price adjustments to the customer prior to the moment the price increase becomes
effective.
9. The consumer has the right to terminate the contract with BOMPY if he does not agree with the price increase.
Payments and payment term
1. BOMPY 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 , 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 BOMPY having to send the
customer a reminder or to put him in default.
4. BOMPY 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.
Payments and payment term
1. Products are immediately paid for.
2. BOMPY may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
3. The customer must pay invoices of BOMPY within , unless parties have made other agreements about this or if the
invoice has a different payment term.
 
 

 
 
4. 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 BOMPY having to send the
customer a reminder or to put him in default.
5. BOMPY 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, BOMPY is entitled to charge an interest of 2% per month for
non-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 BOMPY.
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, BOMPY 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
BOMPY on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by BOMPY, he is still obliged to pay the
agreed price to BOMPY.
Right of recovery of goods
1. As soon as the customer is in default, BOMPY is entitled to invoke the right of recovery with regard to the unpaid
products delivered to the customer.
2. BOMPY 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 BOMPY, 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 korbo@xs4all.nl, if desired by using the withdrawal form that
can be downloaded via the website of BOMPY, www.agnesbompy.com.
4. The consumer is obliged to return the product to BOMPY 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,
BOMPY 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 BOMPY in time.
2. The costs for return are only reimbursed by BOMPY 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. BOMPY can appeal to his right of retention of title and in that case retain the products sold by BOMPY to the
customer until the customer has paid all outstanding invoices with regard to BOMPY, 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 BOMPY.
3. BOMPY 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 BOMPY with any claim on BOMPY.
Retention of title
1. BOMPY remains the owner of all delivered products until the customer has fully complied with all its payment
obligations with regard to BOMPY under whatever agreement with BOMPY including of claims regarding the
shortcomings in the performance.
2. Until then, BOMPY 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 BOMPY invokes its retention of title, the agreement will be dissolved and BOMPY has the right to claim
compensation, lost profits and interest.
Delivery
1. Delivery takes place while stocks last.
2. Delivery takes place at BOMPY 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, BOMPY 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
BOMPY.
Delivery period
1. Any delivery period specified by BOMPY 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 BOMPY.
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the
contract, unless BOMPY 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 BOMPY 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 BOMPY, failing which BOMPY 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 BOMPY that are present at the premises of the customer
goods that have been delivered under retention of title
2. At the first request of BOMPY, 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 BOMPY, 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. BOMPY executes the agreement to the best of its knowledge and ability and in accordance with the requirements of
good workmanship.
2. BOMPY 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 BOMPY can start the implementation of the agreement on time.
5. If the customer has not ensured that BOMPY 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 BOMPY 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, BOMPY will return the relevant documents.


 
4. If the customer does not timely and properly provides the information, data or documents reasonably required by
BOMPY and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours
will be charged to the customer.
Intellectual property
1. BOMPY 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
BOMPY, 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 BOMPY confidential.
2. The same applies to all other information concerning BOMPY 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 BOMPY.
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 BOMPY 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 BOMPY
including its right to claim compensation in addition to the fine.
Indemnity
The customer indemnifies BOMPY against all third-party claims that are related to the products and/or services
supplied by BOMPY.
Complaints
1. The customer must examine a product or service provided by BOMPY 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 BOMPY of this as soon as possible, but in any case within 1 month after the
discovery of the shortcomings.
3. Consumers must inform BOMPY of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that BOMPY 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 BOMPY being forced to perform other work
than has been agreed.
Giving notice
1. The customer must provide any notice of default to BOMPY in writing.
2. It is the responsibility of the customer that a notice of default actually reaches BOMPY (in time).


 
Joint and several Client liabilities
If BOMPY enters into an agreement with several customers, each of them shall be jointly and severally liable for the
full amounts due to BOMPY under that agreement.
Liability of BOMPY
1. BOMPY is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross
negligence.
2. If BOMPY 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. BOMPY is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third
parties.
4. If BOMPY 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 BOMPY 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 BOMPY 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 BOMPY is not permanent or temporarily impossible, dissolution can only take
place after BOMPY is in default.
3. BOMPY 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 BOMPY 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 BOMPY in the fulfillment of any
obligation to the customer cannot be attributed to BOMPY in any situation independent of the will of BOMPY, 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 BOMPY .
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 BOMPY cannot fulfill one or more obligations towards the
customer, these obligations will be suspended until BOMPY 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. BOMPY 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. BOMPY 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 BOMPY 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 BOMPY to third parties without the prior
written consent of BOMPY.
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
BOMPY 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 BOMPY is established is exclusively competent in case of any disputes
between parties, unless the law prescribes otherwise.
Attribution
These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/nl
/nl).
Drawn up on 25 juli 2022.