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1. Purpose and validity of the General terms and conditions
1a These General Terms and Conditions apply to any offer from SpeedComfort BV and to any distance contract concluded by SpeedComfort and the Consumer.
2a If in these general terms and conditions the term 'consumer' is mentioned, it shall have the following meaning: the natural or rights person on who's name an order has been made with SpeedComfort BV and/or to whom an offer has and/or is been made by SpeedComfort BV.
2b A 'payment period" is the period of time for which the consumer paid ahead. The term 'payment period' shall be further clarified in article 9 and 10g.
2c SpeedComfort is a trademark of SpeedComfort BV
3. Consumers terms and conditions are excluded. The applicability of possible purchase- or other conditions are emphatically excluded.
4a On all agreements between SpeedComfort BV and the consumer and all offers made by SpeedComfort BV to the consumer, Dutch rights apply.
4b All dispuces about the formation or the performance of contracts related to products or services as stated in 4a will be submitted to a lawyer in Utrecht area, unless SpeedComfort BV specifically requests to submit the complaint to another lawyer.
5a All correspondence will be done by email, including invoices and payment reminders.
5b It is obligatory for the consumer to submit a working email address to SpeedComfort BV; any changes should be reported to SpeedComfort as soon as possible by instructions SpeedComfort BV.
5c Emails sent to the submitted email address by the consumer are considered reiceived.
6a All intellectual and/or industrial property rights, including any rights to patents as well as the copyright on works produced by SpeedComfort remain with SpeedComfort or its licencers. Consumers have right of usage that follow from the agreement.
7. Rights of third parties
Consumer guarantees SpeedComfort BV that their applications with SpeedComfort BV do not in any way infringe on rights from third parties.
8. SpeedComfort Newsletter
8a By placing an order a consumer will automatically be subscribed to the SpeedComfort Newsletter. This letter is sent periodically with updated news about SpeedComfort.
8b Unsubscribing is possible by using the link on the website.
9. Payment periods
A payment period is the period of time for which a consumer pays upfront. An agreement between consumer and SpeedComfort BV will be formed for a period chosen by the consumer. After this time has elapsed, the agreement will automatically and silently be extended for the same period oftime, unless the consumer withdraws the application before the start of a new period. The consumer will therefore not be informed about the extended payment period. The consumer can however make changes continously. The new payment period will be activated on the first day after the original period has ended. For the sake of completeness, the payment periods are not applicable on single orders or services.
10a By placing an order the consumer automatically agrees on receiving the invoice via email in PDF format. Invoices will not be sent by post.
10b Complaints about invoices can be submitted within 14 days after the date it was sent.
10c After passing the in 10b meantioned term, the consumer is deemed to agree with the received invoice.
10d In case the consumer acts in the name of an association, foundation or company, the consumer will always remain responsible for oustanding invoices, even if the consumer appears to be unauthorised in the name of the rights person at time of ordering, or when the rights person under whoms name has been sigmed, refuses his obligation to pay.
10e Invoices must be payed at the latest on to due date stated on the invoice. If the payment has not been executed after the due date, the consumer will automatically be in default, without a warning or notice of default being required.
10f In a consumer is in default, he will owe legal interest over the invoice amount due. The additional collection costs amount 15% from the overdue payment with a minimu. of 200 euro's (two hundred euro's in writing).
10g In case SpeedComfort BV has to make additional costs to require the advancement, and these costs exceed the amount staded in 10f, the consumer will also owe the difference to SpeedComfort BV.
10h SpeedComfort BV will send the first payment reminder via email when a consumer has an overdue invoice.
10i SpeedComfort BV will send a second payment reminder in case the consumer does not respond to the first reminder in time. The additional costs will be charged.
11. Suspention/termination services
11a SpeedComfort BV remains the right to suspend or terminate their services towards a consumer when payments are delayed or unpayed or violation of the general terms and conditions.
11b Suspention or termination of the services by SpeedComfort does not disolve outstanding invoices with SpeedComfort BV;
11c For suspention and/or termination of services due to violation of one or more rules in these general conditions, the consumer has no right towards compensation or restitution.
12. Authorization/direct debit
12a Consumer can make use of the direct debit option with SpeedComfort BV; meaning that the consumer can authorize SpeedComfort BV to obtain the amount stated on invoice.
12b SpeedComfort BV makes autorizations per ordered product, not per consumer. The fact that an authorization has been given for a product, does not implicate that the authorization also accounts for the following order(s). That requires a new authorization and is the responsibility of the consumer.
12c If a consumer has authorized SpeedComfort BV to debit a certain amount per payment period, and a termination takes place with right of restitution, the debited amount will be returned 30 days after date of debit.
12d The consumer has the right to cancel authorization at all times. No more payments will be debited after termination.
13. Right to refuse order
SpeedComfort BV has the right to decide to cancel or refuse services.
14a By placing an order a consumer safeguards SpeedComfort BV from all possible prosecutions, fines and others, that could be the result of the order and activities that emerge through that order.
16. Changes Terms and Conditions
SpeedComfort BV has the right to change the general terms and conditions at all times without notifying its consumers. Publication on SpeedComfort BV's website is sufficient. SpeedComfort BV can decide whether the information is directly communicated with the consumer.
17. Dissolving conditions
SpeedComfort BV has the right to dissolve an agreement witout notice of default or juridic intervention, when:
- the bankruptcy of the consumer is, or will be, announced;
- consumer requests suspension of payments;
- consumer has been granted suspension of payments;
- consumer loses (part of) his capital dus to confiscation or another cause;
- SpeedComfort BV has grounded reasons to doubt the capital of the consumer to comply to his obligations (in time);
- consumer acts against one or more of these conditions.
SpeedComfort BV is not liable for any damages suffered by the consumer. SpeedComfort does not guarantee damages resulring from the use of its products and services. This includes, but is not limited by, loss of data due to delays, undelivered or incorrect deliveries, and other disruptions caused by SpeedComfort and their staff.
19. In the case of conflict between the Dutch and the English version of these terms and conditions, the Dutch version will prevail.