General Terms and Conditions

Szabolcs Odor Art

E-mail: art@szabolcsodor.com

Website: www.szabolcsodor.com

Last Updated: 4th of June 2023

TABLE OF CONTENTS

Article 1 – Definitions

Article 2 – Identity of the Entrepreneur

Article 3 – Applicability

Article 4 – Intellectual Property Rights

Article 5 – Offers and Quotations

Article 6 – Acceptance

Article 7 – Right of withdrawal

Article 8 – Obligations of the Consumer during the reflection period

Article 9 – Exercise of the right of withdrawal by the consumer and costs thereof

Article 10 – Obligations of the entrepreneur upon withdrawal

Article 11 – Exclusion right of withdrawal

Article 12 – Reimbursement of delivery costs

Article 13 – Reimbursement of return costs

Article 14 – The price

Article 15 – Samples/Models

Article 16 – Payments and Payment Term

Article 17 – Consequences of late payment

Article 18 – Right of recovery of goods

Article 19 – Suspension of obligations by the customer

Article 20 – Right of retention

Article 21 – Settlement

Article 22 – Retention of title

 

Article 23 – Delivery

Article 24 – Delivery Period

Article 25 – Actual delivery

Article 26 – Transport Costs

Article 27 – Packaging and shipping

Article 28 – Storage

Article 29 – Assembly/ Installation

Article 30 – Guaranty

Article 31 – Exchange

Article 32 – Indemnity

Article 33 – Complaints procedure

Article 34 – Giving Notice

Article 35 – Joint and Several client liabilities

Article 36 – Liability of Szabolcs Odor

Article 37 – Expiry Period

Article 38 – Dissolution

Article 39 – Force Majeure

Article 40 – Modification of the Agreement

Article 41 – Amendment of the General Terms and Conditions

Article 42 – Transfer of Rights

Article 43 – Consequences of nullity or annullability

Article 44 – Applicable law and competent court

 

Article 1 – DEFINITIONS

  1. Szabolcs Odor: Szabolcs Odor Art, established in Waalwijk, Chamber of Commerce no. 780091668B01
  2. Entrepreneur: the natural or legal person who offers consumers products and services at a distance.
  3. Customer: the party to which Szabolcs Odor has agreed
  4. Parties: Szabolcs Odor and the customer together.
  5. Consumer: a customer who is an individual acting for private purposes.
  6. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for the distance sale of products, digital content and services, whereby up to and including the conclusion of the agreement, use is made of one or more techniques for distance communication.
  7. Day: a calendar day.
  8. Digital content: data produced and delivered in digital form.
  9. Reflection period: the period within which the consumer can use his right of withdrawal.
  10. Durable data carrier: any tool – including e-mail – that the consumer or enables the entrepreneur to store information that is addressed to him personally in a way that allows future consultation or use during a period that is appropriate to the purpose for which the information is intended, and that permits unaltered reproduction of the stored data.
  11. Right of withdrawal: the option of the consumer to waive the distance contract within the reflection period.
  12. Form for withdrawal: the European form for withdrawal is included in Annex I of these terms and conditions; The withdrawal form is also stated in your order confirmation.
  13. Technique for distance communication: this means that it can be used to conclude an agreement without the consumer and entrepreneur having to be simultaneously in the same room at the same time.

Article 2 – IDENTITY OF THE ENTREPRENEUR

Company Name: Szabolcs Odor Art

Trading under the name(s): www.szabolcsodor.com

Business address: Ranonkelstraat 31 5143CN Waalwijk (visit only by appointment)

Telephone number: +31 6 110 96 835 (local rate)

Email address: art@szabolcsodor.com

Chamber of Commerce number: 780091668B01

VAT identification number: NL004759809B96

 

Article 3 – 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 Szabolcs Odor and to every distance contract concluded between Szabolcs Odor and the Consumer.
  2. Before the distance contract is concluded, the text of these General Terms and Conditions will be made available to the consumer. Suppose this is not reasonably possible before the distance contract is concluded; the entrepreneur will indicate how the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
  3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these General Terms and Conditions can be made available to the consumer electronically in such a way that they can be read by the consumer and the consumer can store it simply on a durable data carrier. Suppose this is not reasonably possible; before the distance contract is concluded, it will be indicated where the General Terms and Conditions can be inspected electronically and that they will be sent free of charge at the consumer’s request electronically or otherwise.
  4. If specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs apply mutatis mutandis. In the event of conflicting terms and conditions, the consumer can always invoke the applicable provision that is most appropriate for him favourably.
  5. Parties can only deviate from these conditions if explicitly agreed upon in writing.
  6. The parties expressly exclude the applicability of additional and deviating general terms and conditions of the customer or third parties.

 

Article 4 – INTELLECTUAL PROPERTY RIGHTS

  1. Visitors and Customers may not reproduce, modify, display, or otherwise make any commercial use of any content of Szabolcs Odor Art website szabolcsodor.com unless expressly permitted by Szabolcs Odor.
  2. Szabolcs Odor reserves the right to refuse services to any individual at its sole discretion. All graphics, images and content on the Szabolcs Odor Art website and social media platforms are exclusive to Szabolcs Odor only or its affiliates. Without the artist’s permission, the unauthorised use of images and content of this website is prohibited.
  3. All artwork appearing on szabolcsodor.com remains the intellectual property of the original artist, Szabolcs Odor.
  4. Visitors and customers do not acquire ownership or proprietary rights to any content, intellectual property, document, or other materials viewed through the site. Customers do not obtain intellectual property rights in any item purchased through the website.

 

Article 5 – OFFERS AND QUOTATIONS

  1. An offer or quotation from Szabolcs Odor contains a complete and accurate description of the products, digital content and services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If Szabolcs Odor uses images, these accurately represent the products, services and digital content. Apparent mistakes or errors in the offer do not bind Szabolcs Odor.
  2. Offers and quotations from Szabolcs Odor are without engagement unless expressly stated otherwise.
  3. An offer or quotation is valid for one month from its date unless another· acceptance period is stated in the offer or quote.
  4. If the customer does not accept an offer or quotation within the applicable time frame, the offer or quotation will lapse.
  5. Offers and quotations do not apply to repeated orders unless the parties have agreed upon this explicitly and in writing.

Article 6 – ACCEPTANCE

  1. Upon acceptance of a quotation or offer without engagement, Szabolcs Odor reserves the right to withdraw the quote or offer within three days after receipt of the approval without any obligations towards the customer ·.
  2. Verbal acceptance of the customer only commits Szabolcs Odor after the customer ·has confirmed this in writing (or electronically).
 

Article 7 – RIGHT OF WITHDRAWAL

For products:

  1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. Szabolcs Odor may ask the consumer about the reason for the withdrawal but not oblige him to state his reason(s).
  2. The reflection period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product or:
    1. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may provide that he has informed the consumer about this before ordering or refusing an order for several products with different delivery times.
    2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part.
    3. in the case of agreements for regular delivery of products during a specific period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content that is not supplied on a material carrier:

  1. Without giving reasons, the consumer can dissolve a service agreement and an agreement to deliver digital content that has yet to be delivered on a material carrier for a minimum of 14 days. The entrepreneur may ask the consumer about the reason for the withdrawal but not oblige him to state his reason(s).
  2. The reflection period referred to in paragraph 3 commences on the day following the conclusion of the agreement.
 

Article 8 – OBLIGATIONS OF THE CONSUMER DURING THE REFLECTION PERIOD

  1. The consumer will carefully handle the product and packaging during the reflection period. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point is that the consumer may only handle and inspect the product in a shop.
  2. The consumer is only liable for product depreciation resulting from handling the product that exceeds what is permitted in paragraph 1.
  3. The consumer is only liable for product depreciation if Szabolcs Odor has provided him with all legally required information about the right of withdrawal before or after the agreement.
 

Article 9 – EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND COSTS THEREOF

  1. If the consumer makes use of his right of withdrawal, he will report this within the reflecting period using an e-mail sent to art@szabolcsodor.com if desired, by using the withdrawal form that can be downloaded via the Szabolcs, Odor, www.szabolcsodor.com website.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) Szabolcs Odor. This is unnecessary if Szabolcs Odor has offered to collect the product. In any case, the consumer has observed the return period if he returns the product before the reflection period has expired.
  3. The consumer is obliged to return the product to Szabolcs Odor within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse.
  4. The consumer returns the product with all accessories supplied, if reasonably possible, in the original condition and packaging and by the reasonable and clear instructions provided by Szabolcs Odor.
  5. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
  6. The consumer bears the direct costs of returning the product.
  7. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
    1. before delivery, he has not expressly agreed to commence fulfilment of the agreement before the end of the reflection period.
    2. he has not acknowledged losing his right of withdrawal when giving his consent; or
    3. the entrepreneur needs to confirm this statement from the consumer.
  8. If the consumer uses his right of withdrawal, all additional agreements will be dissolved by operation of law.
 

Article 10 – OBLIGATIONS OF THE ENTREPRENEUR UPON WITHDRAWAL

  1. If Szabolcs Odor makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
  2. Szabolcs Odor will reimburse all payments made by the consumer, including any delivery costs charged for the returned product, immediately but within 14 days following the day the consumer notifies him of the withdrawal. Unless the Entrepreneur offers to collect the product, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
  3. The entrepreneur uses the same payment method the consumer used for reimbursement unless the consumer agrees to a different way. The refund is free of charge for the consumer.
  4. Suppose the consumer has opted for a more expensive delivery method than the cheapest standard delivery. In that case, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
 

Article 11 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:

  1. Products or services whose price depends on fluctuations in the financial market the entrepreneur has no influence on and which may occur within the withdrawal period.
  2. Agreements concluded during a public auction. A public auction is understood to mean a sales method in which the entrepreneur offers products, digital content and services to the consumer who is personally present or is allowed to be personally present at the auction, under the supervision of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and services.
  3. Service agreements, after full performance of the service, but only if:
    1. the performance has begun with the express prior consent of the consumer; and
    2. the consumer has stated that he will lose his right of withdrawal as soon as the entrepreneur has cancelled the fully executed agreement.
  4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport.
  5. Service agreements for the provision of accommodation, if the contract provides for a specific date or performance period other than for residential purposes, goods transport, car rental services and catering.
  6. Agreements relating to leisure activities, if the agreement provides for a specific date or period for its implementation.
  7. Products manufactured according to consumer specifications are not prefabricated, manufactured based on a consumer’s choice or decision, or intended for a specific person.
  8. Products that spoil quickly or have a limited shelf life.
  9. Sealed products that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery.
  10. Products that are irrevocably mixed with other products after delivery due to their nature.
  11. Alcoholic beverages, the price of which was agreed upon when the agreement was concluded, but the delivery of which can only take place after 30 days, and the actual value depends on fluctuations in the market over which the entrepreneur has no influence.
  12. Sealed audio, video recordings and computer software; the seal has been broken after delivery.
  13. Newspapers, periodicals, or magazines, except subscriptions to them.
  14. The supply of digital content other than on a tangible medium, but only if:
    1. the performance has begun with the express prior consent of the consumer; and
    2. the consumer has stated that he thereby loses his right of withdrawal.

 

Article 12 – REIMBURSEMENT OF DELIVERY COSTS

  1. Suppose the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law. In that case, Szabolcs Odor 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 Szabolcs Odor in time.
  2. The costs for the returned product are only reimbursed by Szabolcs Odor if the complete order is returned.

 

Article 13 – REIMBURSEMENT OF RETURN COSTS

  1. If the consumer invokes his withdrawal right and returns the entire order on time, the consumer will bear the cost of returning the complete order.

 

Article 14 – THE PRICE

  1. All prices used by Szabolcs Odor are in Euros, 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. Szabolcs Odor 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 Szabolcs Odor could not foresee when 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 because of a price increase, as referred to in paragraph 3 unless the increase results from statutory regulation.

 

Article 15 – SAMPLES/MODELS

  1. Suppose the customer has received a sample or model of a product. In that case, he cannot derive any rights from this other than that it indicates the nature of the product unless the parties have explicitly agreed that the products being supplied conform to the sample or model.

 

Article 16 – PAYMENTS AND PAYMENT TERM

  1. After the agreement, Szabolcs Odor may require a down payment of up to 50% of the agreed amount.
  2. The customer must have paid the total amount before delivery.
  3. Payment terms are considered fatal payment terms. This means that if the customer has yet to pay the agreed amount at the latest on the last day of the payment term, he is legally in default, without Szabolcs Odor having to send the customer a reminder or put him in default.
  4. Szabolcs Odor reserves the right to make delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

 

Article 17 – CONSEQUENCES OF LATE PAYMENT

  1. Suppose the customer does not pay within the agreed term. In that case, SzaboIcs Odor 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 Szabolcs Odor.
  3. The collection costs are calculated based on the Reimbursement for extrajudicial collection costs.
  4. If the customer does not pay on time, Szabolcs Odor 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 Szabolcs Odor on the customer are immediately due and payable.
  6. If the customer refuses to cooperate with the performance of the agreement by Szabolcs Odor, he is still obliged to pay the agreed price to Szabolcs Odor.

 

Article 18 – RIGHT OF RECOVERY OF GOODS

  1. As soon as the customer is in default, Szabolcs Odor is entitled to invoke the right of recovery regarding the unpaid products delivered to the customer.
  2. Szabolcs Odor invokes the right of recovery using 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 Szabolcs Odor unless the parties agree to make other arrangements.
  4. Collecting or returning the products is at the customer’s expense.

 

Article 19 – SUSPENSION OF OBLIGATIONS BY THE CUSTOMER

  1. The customer waives the right to suspend the fulfilment of any obligation arising from this agreement.

 

Article 20 – Right of retention

  1. Szabolcs Odor can appeal to his right of retention of title and, in that case, retain the products sold by Szabolcs Odor to the customer until the customer has paid all outstanding invoices with regard to Szabolcs Odor unless the customer has provided sufficient security for these payments.
  2. The right of retention of title also applies based on previous agreements from which the customer still owes payments to Szabolcs Odor.
  3. Szabolcs Odor is never liable for any damage the customer may suffer due to using his right of retention of title.

 

Article 21 – SETTLEMENT

  1. The customer waives his right to settle any debt to Szabolcs Odor with any claim on Szabolcs Odor.

 

Article 22 – RETENTION OF TITLE

  1. Szabolcs Odor remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Szabolcs Odor under whatever agreement with Szabolcs Odor, including claims regarding the shortcomings in the performance.
  2. Until then, Szabolcs Odor 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 encumber the products.
  4. If SzaboIcs Odor invokes its retention of title, the agreement will be dissolved, and Szabolcs Odor has the right to claim compensation, lost profits and interest.

 

Article 23 – DELIVERY

  1. Delivery takes place while stocks last.
  2. Delivery occurs at Szabolcs Odor unless the parties agree 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, Szabolcs Odor has the right to suspend its obligations until fully paid.
  5. In the event of late payment, the customer is automatically in default, and as a result of this, he cannot object to late delivery by Szabolcs Odor.

 

Article 24 – DELIVERY PERIOD

  1. Any delivery period specified by Szabolcs Odor is indicative and does not give the customer the right to dissolution or compensation if this period is not met unless the parties have expressly agreed otherwise in writing.
  2. The delivery period starts after the customer has signed the agreement with Szabolcs Odor and is confirmed in writing or electronically by Szabolcs Odor to the customer.
  3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract unless Szabolcs Odor cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed otherwise.

 

Article 25 – ACTUAL DELIVERY

  1. The customer must ensure that the products he ordered can be delivered on

 

Article 26 – TRANSPORT COSTS

  1. The customer pays transport costs unless the parties have agreed otherwise.

 

Article 27 –  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. Without this, Szabolcs Odor may not be held liable for any damage.
  2. Suppose the customer takes care of a product’s transport. In that case, he must report any visible damage to products or the packaging before the transport to Szabolcs Odor, failing which Szabolcs Odor cannot be liable for any damage.

 

Article 28 – 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 resulting from the premature or late purchase of products are entirely at the customer’s expense.

 

Article 29 – ASSEMBLY/INSTALLATION

  1. Although Szabolcs, Odor strives to carry out all assembly and/or installation work as well as possible, it does not bear any responsibility except in case of intent or gross negligence.

 

Article 30 – GUARANTY

  1. The product warranty only applies to defects caused by faulty manufacture, construction, or material.
  2. The warranty does not apply in the event of everyday wear, 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 establish.
  3. 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.

 

Article 31 – EXCHANGE

  1. Exchange is only possible if the following conditions are met:
  2. exchange takes place within 14 days after purchase upon presentation of the original invoice.
  3. the product is returned in the original packaging or with the original (price) tags still attached to it
  4. the product has not been used.
  5. Discounted items, non-shelf articles such as food, custom-made items, or specially adapted articles for the customer and Custom Art Commission cannot be exchanged.

 

Article 32 – INDEMNITY

  1. The customer· indemnifies Szabolcs Odor against all third-party claims related to the products and/or services supplied by Szabolcs Odor.

 

Article 33 – COMPLAINTS PROCEDURE

  1. Szabolcs Odor has a sufficiently publicised complaints procedure and handles the complaints following this complaint’s procedure.
  2. The customer· must examine a product or service provided by Szabolcs Odor as soon as possible for shortcomings.
  3. Suppose a delivered product or service does not comply with what the customer could reasonably expect from the agreement. In that case, the customer· must inform Szabolcs Odor of this as soon as possible, but in any case, within one month after· the discovery of the shortcomings.
  4. Consumers must inform Szabolcs Odor of this within two months of detecting the shortcomings.
  5. Complaints about the agreement’s implementation must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
  6. Complaints submitted to the entrepreneur will be answered within 14 days from receipt. Suppose a complaint requires a foreseeable longer processing time. In that case, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
  7. The customer· describes the shortcomings so Szabolcs Odor can respond adequately.
  8. The customer· must demonstrate that the complaint relates to the agreement between the parties.
  9. If a complaint relates to ongoing work, this can, in any case, not lead to Szabolcs Odor being forced to perform other work that has been agreed

 

Article 34 – GIVING NOTICE

  1. The customer must provide any notice of default to Szabolcs Odor in writing.
  2. The customer’s responsible for a notice of default reaching Szabolcs Odor (in time).

 

Article 35 – JOINT AND SEVERAL CLIENT LIABILITIES

  1. If Szabolcs Odor agrees with several customers, each shall be jointly and severally liable for the total amounts due to Szabolcs Odor under that agreement.

 

Article 36 – LIABILITY OF SZABOLCS ODOR

  1. Szabolcs Odor is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
  2. If Szabolcs Odor is liable for any damage, he is only responsible for direct damages resulting from or related to the execution of an agreement.
  3. Szabolcs Odor is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
  4. If Szabolcs Odor 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, colours, drawings, and descriptions on the website or in a catalogue are only indicative. They are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

 

Article 37 – EXPIRY PERIOD

  1. Every right of the customer to compensation from Szabolcs Odor 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.

 

Article 38 – DISSOLUTION

  1. The customer has the right to dissolve the agreement if Szabolcs Odor imputably fails to fulfil his obligations unless this shortcoming does not justify termination due to its unique nature or because it is of minor significance.
  2. If the fulfilment of the obligations by Szabolcs Odor is not permanent or temporarily impossible, dissolution can only occur after Szabolcs Odor is in default.
  3. Szabolcs Odor has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfil his obligations under the agreement or if circumstances give Szabolcs Odor reasonable grounds to fear· that the customer will not be able to perform his duties

 

Article 39 – FORCE MAJEURE

  1. In addition to the provisions of Article 6:75 Dutch Civil Code, a shortcoming of Szabolcs Odor in the fulfilment of any obligation to the customer cannot be attributed to Szabolcs Odor in any situation independent of the will of Szabolcs Odor when the completion of its obligations towards the customer is prevented in whole or in part or when the fulfilment of its obligations cannot reasonably be required from Szabolcs Odor.
  2. The force majeure situation referred to in paragraph I is also applicable – but not limited to the state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, couriers or other third parties, expected 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 force majeure situation arises, Szabolcs Odor cannot fulfil one or more obligations towards the customer; these obligations will be suspended until Szabolcs Odor can comply.
  4. When 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. Szabolcs Odor does not owe any (damage) compensation in a force majeure situation, even if it has obtained any advantages because of the force majeure situation.

 

Article 40 – MODIFICATION OF THE AGREEMENT

  1. If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall adjust the agreement in a timely and mutual consultation accordingly.

 

Article 41 – AMENDMENT OF THE GENERAL TERMS AND CONDITIONS

  1. Szabolcs Odor is entitled to amend or supplement these general terms and conditions at any time and from time to time.
  2. Changes of minor importance can be made at any time.
  3. Changes to these terms and conditions are only effective after they have been published appropriately, on the understanding that the provision most favourable to the consumer will prevail in the event of applicable changes during the term of an offer.
  4. Consumers are entitled to cancel the agreement in case of a substantial change to the general terms and conditions.

 

Article 42 – TRANSFER OF RIGHTS

  1. The customer can only transfer its rights referring from an agreement with Szabolcs Odor to third parties with the prior written consent of Szabolcs Odor.
  2. This provision applies as a clause with a property law effect, as referred to in Section 3:83 (2) Dutch Civil Code.

 

Article 43 – 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. In that case, a provision that is null or annullable shall be replaced by a provision that comes closest to what Szabolcs Odor had in mind when drafting the conditions on that issue.

 

Article 44 – 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 Szabolcs Odor is established is exclusively competent in case of any disputes between parties unless the law prescribes otherwise.

Szabolcs Odor Art www.szabolcsodor.com Ranonkelstraat 31, 5143 CN Waalwijk