Terms and Conditions of Expat Essentials Nederland**

Email:  info@expat-essentials.nl  
Website:  www.expat-essentials.nl
 

Article 1 - Definitions
1.  Expat Essentials Nederland:  Expat Essentials Nederland, located in Staphorst, Chamber of Commerce number __________.
2.  Customer:  the person with whom Expat Essentials Nederland has entered into an agreement.
3.  Parties:  Expat Essentials Nederland and the Customer together.
4.  Consumer:  a Customer who is also an individual and acts as a private person.
 

Article 2 - Applicability
1. These terms and conditions apply to all offers, quotations, activities, orders, agreements, and deliveries of services or products by or on behalf of Expat Essentials Nederland.
2. Expat Essentials Nederland and the Customer can only deviate from these terms if agreed upon in writing.
3. Expat Essentials Nederland and the Customer expressly exclude the applicability of the Customer's or third parties' general terms and conditions.
 

Article 3 - Offers and Quotations
1. Offers and quotations from Expat Essentials Nederland are non-binding unless expressly stated otherwise.
2. An offer or quotation is valid for a maximum of 2 weeks, unless another period is stated in the offer or quotation.
3. If the Customer does not accept an offer or quotation within the applicable period, the offer or quotation expires.
4. Offers and quotations do not apply to repeat orders unless agreed upon in writing by Expat Essentials Nederland and the Customer.
 

Article 4 - Acceptance
1. Upon acceptance of a non-binding offer or quotation, Expat Essentials Nederland may withdraw the offer or quotation within 3 days after receiving the acceptance without the Customer deriving any rights from it.
2. Oral acceptance by the Customer only binds Expat Essentials Nederland after the Customer has confirmed it in writing or electronically.
 

Article 5 - Prices
1. Expat Essentials Nederland charges prices in euros, including VAT and excluding any other costs such as travel, administration, or shipping costs, unless agreed upon in writing.
2. Expat Essentials Nederland may always change the prices of its services and products on its website and in other communications.
3. Expat Essentials Nederland and the Customer agree on a total amount as a guideline for a service, unless agreed upon in writing otherwise.
4. Expat Essentials Nederland may deviate up to 20% from the guideline price.
5. Expat Essentials Nederland must inform the Customer in good time why a higher price is justified if the guideline price exceeds 20%.
6. The Customer may cancel the part of the assignment that exceeds the guideline price (plus 20%) if the guideline price exceeds 20%.
7. Expat Essentials Nederland may adjust prices annually.
8. Expat Essentials Nederland will inform the Customer of price adjustments prior to their effective date.
9. A consumer may cancel the agreement with Expat Essentials Nederland if they disagree with the price increase when it applies after accepting the quotation.
 

Article 6 - Payments and Payment Term
1. Expat Essentials Nederland requires a 50% deposit, with the remaining 50% due before the agreed date in the Expat Essentials Nederland account.
2. The payment terms used by Expat Essentials Nederland are final. 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 Expat Essentials Nederland having to send a reminder or declare them in default.
3. Expat Essentials Nederland may condition a delivery on immediate payment or require security for the total amount of the services or products.
 

Article 7 - Consequences of Late Payment
1. If the Customer does not pay within the agreed term, Expat Essentials Nederland may charge the statutory interest per month for non-commercial transactions from the day the Customer is in default, with part of a month being counted as a full month.
2. If the Customer is in default, they must also pay extrajudicial collection costs and any damages to Expat Essentials Nederland.
3. The collection costs are calculated based on the Decision on Compensation for Extrajudicial Collection Costs.
4. If the Customer does not pay on time, Expat Essentials Nederland may suspend its obligations until the Customer has paid.
5. In the event of liquidation, bankruptcy, seizure, or suspension of payment on the part of the Customer, the claims of Expat Essentials Nederland on the Customer are immediately due and payable.
6. If the Customer refuses to cooperate in the performance of the agreement by Expat Essentials Nederland, they must still pay the agreed price.
 

Article 8 - Right of Withdrawal
1. A consumer may cancel an offer within 14 days without giving reasons. 
 

Article 9 - Insurance
1. The Customer must adequately insure and keep insured against fire, explosion, water damage, and theft:
  - delivered goods necessary for the performance of the underlying agreement
  - goods of Expat Essentials Nederland that are at the Customer's premises
  - goods delivered under retention of title
2. The Customer shall, upon the first request of Expat Essentials Nederland, provide the policy of these insurances for inspection.
 

Article 10 - Guarantee
1. If the Customer and Expat Essentials Nederland have entered into an agreement with a service character, this only contains a best-efforts obligation for Expat Essentials Nederland and therefore no result obligation.
 

Article 11 - Execution of the Agreement
1. Expat Essentials Nederland shall perform the agreement to the best of its ability and according to the requirements of good workmanship.
2. Expat Essentials Nederland may have the agreed service performed in whole or in part by others.
3. The execution of the agreement shall take place in consultation and after written approval and payment of any advance by the Customer.
4. The Customer must ensure that Expat Essentials Nederland can start the execution of the agreement on time.
5. If the Customer does not ensure that Expat Essentials Nederland can start on time, the resulting additional costs will be borne by the Customer.
 

Article 12 - Provision of Information by the Customer
1. The Customer shall make available to Expat Essentials Nederland in good time all information, data, and documents necessary for the correct performance of the agreement in the desired form and manner.
2. The Customer guarantees the accuracy and completeness of the information, data, and documents provided, also if they originate from third parties, unless the nature of the agreement indicates otherwise.
3. If and insofar as the Customer so requests, Expat Essentials Nederland will return the relevant documents.
4. If the Customer does not make the reasonably requested information, data, or documents available to Expat Essentials Nederland on time or properly, and the execution of the agreement is delayed as a result, the resulting extra costs and extra hours will be charged to the Customer.
 

Article 13 - Intellectual Property
1. Expat Essentials Nederland retains all intellectual property rights to all designs, drawings, writings, data carriers, or other information, quotations, images, sketches, models, and maquettes unless otherwise agreed.
2. The Customer may not show, make available, or otherwise use the intellectual property rights in paragraph 1 to third parties without the prior written consent of Expat Essentials Nederland.
 

Article 14 - Confidentiality
1. The Customer shall keep confidential all information, in whatever form, received from Expat Essentials Nederland.
2. The same applies to all other information concerning Expat Essentials Nederland of which the Customer knows or should reasonably suspect that it is confidential or secret, or of which he can expect that its dissemination could harm Expat Essentials Nederland.
3. The Customer shall take all necessary measures to ensure that the information in paragraphs 1 and 2 is kept confidential.
4. The confidentiality obligation described in this article does not apply to information:
  - that was already public before the Customer received this information or that later became public without this being due to a breach of the Customer's confidentiality obligation
  - which is made public by the Customer by virtue of 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 its termination.
 

Article 15 - Penalty Clause
1. If the Customer breaches the article on confidentiality or intellectual property, he shall pay a penalty to Expat Essentials Nederland for each breach.
2. If the Customer is a consumer, the penalty in paragraph 1 amounts to € 1,000.
3. If the Customer is not a consumer, the penalty in paragraph 1 amounts to € 5,000.
4. In addition, the Customer must pay an amount of 5% of the applicable amount in paragraphs 2 or 3 for each day that the breach continues.
5. The Customer must pay the penalty in paragraph 1 without a notice of default or legal proceedings being required. There is also no need for damage. 
6. Expat Essentials Nederland may also claim damages from the Customer in addition to the penalty in paragraph 1.
 

Article 16 - Indemnity
1. The Customer indemnifies Expat Essentials Nederland against all claims from third parties related to the products and/or services delivered by Expat Essentials Nederland.
 

Article 17 - Complaints
1. The Customer must examine a product delivered by Expat Essentials Nederland or a service provided as soon as possible for any shortcomings.
2. If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must inform Expat Essentials Nederland of this within 1 month after discovering the shortcoming.
3. A consumer must inform Expat Essentials Nederland of this within 2 months after discovering the shortcoming.
4. The Customer shall provide as detailed a description as possible of the shortcoming, so that Expat Essentials Nederland can respond appropriately.
5. The Customer must demonstrate that the complaint relates to an agreement between the Customer and Expat Essentials Nederland.
6. If a complaint relates to ongoing work, the Customer cannot require Expat Essentials Nederland to
If a complaint relates to ongoing work, the Customer cannot require Expat Essentials Nederland to perform other work than agreed.
 

Article 18 - Default Notice
1.  The Customer must notify Expat Essentials Nederland of any default notice in writing.
2.  The Customer is responsible for ensuring that his notice of default actually reaches Expat Essentials Nederland on time.
 

Article 19 - Liability of the Customer
If Expat Essentials Nederland enters into an agreement with multiple Customers, each of them is jointly and severally liable for the fulfillment of the obligations in that agreement.
 

Article 20 - Liability of Expat Essentials Nederland
1.  Expat Essentials Nederland is only liable for damage suffered by the Customer if that damage is caused by intent or gross negligence.
2.  If Expat Essentials Nederland is liable for damage, this only applies to direct damage related to the execution of an underlying agreement.
3.  Expat Essentials Nederland is not liable for indirect damage, such as consequential damage, lost profit, or damage to third parties.
4.  If Expat Essentials Nederland is liable, this liability is limited to the amount paid by a concluded (professional) liability insurance. If no insurance is taken out or no damage amount is paid, the liability is limited to the (part of the) invoice amount to which the liability relates.
5.  All images, photos, colors, drawings, descriptions on the website, or in a catalogue are only indicative and cannot lead to any compensation, dissolution, or suspension.
 

Article 21 - Expiration Period
Any right of the Customer to compensation from Expat Essentials Nederland expires 12 months after the event from which the liability directly or indirectly results. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
 

Article 22 - Dissolution
1.  The Customer may cancel the agreement if Expat Essentials Nederland fails to fulfill its obligations unless this shortcoming does not justify the dissolution due to its special nature or minor significance.
2.  If the fulfillment of the obligations by Expat Essentials Nederland is still possible, dissolution can only take place after Expat Essentials Nederland is in default.
3.  Expat Essentials Nederland may cancel the agreement with the Customer if the Customer does not fully or timely fulfill his obligations under the agreement or if Expat Essentials Nederland has knowledge of circumstances that give him good reason to believe that the Customer will not fulfill his obligations.
 

Article 23 - Force Majeure
1.  In addition to Article 6:75 of the Dutch Civil Code, a failure of Expat Essentials Nederland cannot be attributed to Expat Essentials Nederland if it is due to force majeure.
2. The force majeure situation in paragraph 1 also includes:

• an emergency situation such as a civil war or natural disaster
• non-performance or force majeure of suppliers, delivery people, or others
• power, electricity, internet, computer, or telecom outages
• computer viruses
• strikes
• government measures
• transportation problems
• bad weather conditions
• work interruptions

1. If a force majeure situation occurs preventing Expat Essentials Nederland from fulfilling one or more obligations to the Customer, these obligations will be suspended until Expat Essentials Nederland can fulfill them.
2. From the moment a force majeure situation has lasted for at least 30 calendar days, both the Customer and Expat Essentials Nederland may cancel the agreement in whole or in part in writing.
3. Expat Essentials Nederland does not have to pay compensation to the Customer in a force majeure situation, even if Expat Essentials Nederland benefits from it.

Article 24 - Amendment of Agreement
If it is necessary to amend an agreement, the Customer and Expat Essentials Nederland may adjust the agreement.
 

Article 25 - Amendment of Terms and Conditions
1.   Expat Essentials Nederland may amend these terms and conditions.
2.  Expat Essentials Nederland may always implement minor changes.
3.  Expat Essentials Nederland will discuss significant changes with the Customer as much as possible in advance.
4.  A consumer may terminate the underlying agreement in the event of a significant change in the terms and conditions.
 

Article 26 - Transfer of Rights
1.  The Customer cannot transfer any rights under an agreement with Expat Essentials Nederland to others without the written consent of Expat Essentials Nederland.
2.  This provision has real effect as described in Article 3:83(2) of the Dutch Civil Code.
 

Article 27 - Consequences of Nullity or Destructibility
1.  If one or more provisions of these terms and conditions prove to be null or voidable, this does not affect the other provisions of these terms and conditions.
2.  In that case, a provision that is null or voidable is replaced by a provision that most closely approximates what Expat Essentials Nederland had in mind at that point when drafting the terms and conditions.
 

Article 28 - Applicable Law and Competent Court
1.  These terms and conditions and any underlying agreement between the Customer and Expat Essentials Nederland are governed by Dutch law.
2.  The court in the district of the place of business of Expat Essentials Nederland is exclusively competent to hear any disputes between the Customer and Expat Essentials Nederland, unless the law provides otherwise.
 

Issued on July 29, 2024.