General terms and conditions of ShadeMate

These general terms and conditions apply to all offers, orders, and agreements of ShadeMate, unless explicitly and in writing deviated from these general terms and conditions.

Article 1 - Definitions

In these general terms and conditions, the following is understood:

• Consumer: the natural person who does not act in the exercise of a profession or business and enters into an agreement with ShadeMate;

• Service: any service provided by ShadeMate;

• Good: any product supplied by ShadeMate;

• Agreement: any agreement between ShadeMate and the consumer for the provision of services or the supply of goods;

• ShadeMate: the company of Lars Wullink that provides the services or goods;

• Written: correspondence sent both by email and by post.

Article 2 - Applicability

These general terms and conditions apply to any offer, quotation, and agreement between ShadeMate and the consumer, unless explicitly and in writing deviated from these general terms and conditions.

Article 3 - Offers and agreements

All offers made by ShadeMate are non-binding, unless explicitly stated otherwise. An agreement is established at the moment of acceptance of the offer by the consumer and receipt thereof by ShadeMate. ShadeMate is entitled to cancel the agreement within two working days of receipt of acceptance, unless explicitly stated otherwise.

Article 4 - Prices

All prices are in euros and exclusive of VAT and other charges that apply. ShadeMate reserves the right to change the prices. The consumer is informed of these changes.

Article 5 - Changes

ShadeMate reserves the right to change the services or goods it supplies. The consumer will be informed of this. Changes that are reasonably acceptable to the consumer may be made without the consent of the consumer.

Article 6 - Delivery and execution

ShadeMate will deliver the agreed services or goods within the agreed timeframe, unless otherwise agreed. If a delivery period has been agreed and this period is exceeded, the consumer must put ShadeMate in default in writing. ShadeMate then has a reasonable period of time to deliver. If delivery does not take place, the consumer has the right to terminate the agreement and claim damages.

Article 7 - Payment

Payment must be made within 14 days of the invoice date, unless otherwise agreed. If the payment term is exceeded, the consumer is in default without further notice and ShadeMate is entitled to charge the statutory interest on the amount due. If the consumer is in default or ShadeMate has good reason to fear that the consumer will not fulfill his obligations, ShadeMate is entitled to suspend the further execution of the agreement or to dissolve the agreement, without prejudice to ShadeMate's other rights.

Article 8 - Complaints

The consumer must inspect the goods or services upon delivery or upon completion. Any visible defects or shortcomings must be reported to ShadeMate in writing within 14 days of delivery or completion. Hidden defects or shortcomings must be reported to ShadeMate in writing within 14 days of their discovery, but no later than three months after delivery or completion. If the consumer fails to report the defects or shortcomings in time, the consumer's right to repair or replacement expires.

Article 9 - Liability

ShadeMate is only liable for damage suffered by the consumer if the damage is the result of intent or gross negligence on the part of ShadeMate or its employees. In the event of minor negligence, ShadeMate's liability is limited to the invoice amount of the goods or services that caused the damage, at most.

Article 10 - Force majeure

In case of force majeure, ShadeMate is not obliged to fulfill its obligations. Force majeure includes all external causes, foreseen or unforeseen, that ShadeMate cannot influence, but that prevent ShadeMate from fulfilling its obligations.

Article 11 - Intellectual property

ShadeMate retains all intellectual property rights to the goods and services it provides. The consumer is not allowed to reproduce, distribute, or make the goods or services available to third parties without the prior written consent of ShadeMate.

Article 12 - Personal data

ShadeMate will process the personal data of the consumer in accordance with the applicable privacy legislation. The personal data of the consumer will only be used for the purpose for which it was provided and will not be shared with third parties unless this is necessary for the execution of the agreement. The consumer has the right to request access to and correction or deletion of his personal data.

Article 13 - Disputes

Dutch law applies to all agreements between ShadeMate and the consumer. Any disputes that may arise will be submitted to the competent court in the Netherlands.

Article 14 - Final provisions

If any provision of these general terms and conditions is void or invalid, this will not affect the validity of the other provisions. In such a case, the void or invalid provision will be replaced by a valid provision that comes as close as possible to the purpose and scope of the original provision.

Article 15 - Applicability

These general terms and conditions apply to all offers, orders, and agreements of ShadeMate, unless explicitly and in writing deviated from these general terms and conditions.

Article 16 - Changes

ShadeMate reserves the right to change these general terms and conditions. Changes take effect at the moment they are published on the website of ShadeMate.

Article 17 - Applicability of law

These general terms and conditions are governed by Dutch law exclusively. All disputes arising from or in connection with these general terms and conditions will be submitted to the competent court in the Netherlands.

Article 18 - Suspension and dissolution

ShadeMate is entitled to suspend the execution of the agreement or to dissolve the agreement if the consumer does not fulfill his payment obligations or is in default.

Article 19 - Intellectual property rights

The intellectual property rights on all services and goods supplied by ShadeMate, including (but not limited to) drawings, models, software, and (parts of) websites, belong to ShadeMate. The consumer only acquires the right to use the supplied services and goods. He may not make them available to third parties, multiply them, or make them public without the prior written consent of ShadeMate.

Article 20 - Force majeure

In case of force majeure, ShadeMate is entitled to suspend the execution of the agreement or to dissolve the agreement. Force majeure means any circumstances on which ShadeMate has no influence, but which make the execution of the agreement impossible or careless.