Email: info@deliapersonalassistance.com
Website: deliapersonalassistance.com
Article 1 — Definitions
- Delia Personal Assistance: Delia Personal Assistance, established in Geldermalsen, Chamber of Commerce (KvK) number 94475008.
- Client: the party with whom Delia Personal Assistance has entered into an agreement.
- Parties: Delia Personal Assistance and the Client together.
- Consumer: a Client who is also an individual and acts as a private person.
Article 2 — Applicability
These terms apply to all quotations, offers, work, orders, agreements, and deliveries of services or products by or on behalf of Delia Personal Assistance.
Delia Personal Assistance and the Client may only deviate from these terms if expressly agreed in writing.
Delia Personal Assistance and the Client expressly exclude the applicability of any general terms and conditions of the Client or of any third party.
Article 3 — Quotations and Offers
Quotations and offers issued by Delia Personal Assistance are non-binding, unless explicitly stated otherwise.
An offer or quotation is valid for a maximum of 2 weeks, unless a different period is stated in the offer or quotation itself.
If the Client does not accept an offer or quotation within the applicable period, the offer or quotation lapses.
Quotations and offers do not apply to repeat orders, unless Delia Personal Assistance and the Client agree otherwise in writing.
Article 4 — Acceptance
Upon acceptance of a non-binding quotation or offer, Delia Personal Assistance may still withdraw the quotation or offer within 3 days of receipt of the acceptance, without the Client being entitled to derive any rights from this.
A verbal acceptance by the Client only binds Delia Personal Assistance once the Client has confirmed it in writing or electronically.
Article 5 — Prices
Delia Personal Assistance applies prices in euros, including VAT and excluding any other costs such as administration or shipping fees, unless agreed otherwise in writing.
Delia Personal Assistance is at all times entitled to amend the prices of its services and products on its website and in other communications.
For the provision of services, Delia Personal Assistance and the Client agree on a total amount as an indicative price (richtprijs), unless agreed otherwise in writing.
Delia Personal Assistance may deviate from the indicative price by up to 10%.
If the indicative price will exceed by more than 10%, Delia Personal Assistance must inform the Client in good time and explain why a higher price is justified.
If the indicative price will exceed by more than 10%, the Client may waive the part of the assignment that exceeds the indicative price (plus 10%).
Delia Personal Assistance will notify the Client of any price adjustments before they take effect.
A consumer is entitled to terminate the agreement with Delia Personal Assistance if the consumer does not agree with the price increase.
Article 6 — Payments and Payment Terms
Delia Personal Assistance may, upon entering into the agreement, require an advance payment of up to 50% of the agreed amount.
The Client must pay any post-delivery payment within 14 days of delivery.
The payment terms used by Delia Personal Assistance are strict deadlines (fatale termijnen). This means that if the Client has not paid the agreed amount by the last day of the payment period, the Client is automatically in default and breach, without Delia Personal Assistance being required to send a reminder or notice of default.
Delia Personal Assistance may make delivery conditional upon immediate payment, or require security for the total amount of the services or products.
Article 7 — Consequences of Late Payment
If the Client does not pay within the agreed term, Delia Personal Assistance may charge the statutory interest per month for non-commercial transactions from the day on which the Client is in default, with any part of a month counting as a full month.
When the Client is in default, the Client must additionally pay extrajudicial collection costs and any compensation for damages to Delia Personal Assistance.
The collection costs are calculated in accordance with the Dutch Decree on Compensation for Extrajudicial Collection Costs (Besluit vergoeding voor buitengerechtelijke incassokosten).
If the Client does not pay on time, Delia Personal Assistance may suspend its obligations until payment has been made.
In the event of liquidation, bankruptcy, attachment, or suspension of payment on the part of the Client, Delia Personal Assistance's claims against the Client are immediately due and payable.
If the Client refuses to cooperate with the execution of the agreement by Delia Personal Assistance, the Client must still pay the agreed price.
Article 8 — Right of Withdrawal
A consumer may cancel an online purchase within 14 days of purchase without giving any reason. This right of withdrawal does not apply where:
- the service concerns lodging, travel, restaurant services, transport, catering, or any form of leisure activity
- the service concerns an emergency repair
- the service concerns betting or lotteries
- the consumer has waived the right of withdrawal
- the service is one that, with the consumer's consent, is fully performed within the cooling-off period and where the consumer has expressly declared to waive the right of withdrawal
The 14-day cooling-off period begins:
- as soon as the consumer has entered into an agreement for the delivery of a service
- as soon as the consumer has confirmed that they will receive digital content via the internet
The consumer may exercise their cooling-off right by sending an email with that subject to info@deliapersonalassistance.com, optionally using the withdrawal form available on the Delia Personal Assistance website, deliapersonalassistance.com.
Article 9 — Insurance
The Client must adequately insure, and keep insured, the following items against (among other things) fire, explosion and water damage, and theft:
- delivered items necessary for the execution of the underlying agreement
- items belonging to Delia Personal Assistance present at the Client's premises
- items delivered under retention of title
Upon first request by Delia Personal Assistance, the Client shall make the relevant insurance policies available for inspection.
Article 10 — Withdrawal of the Assignment
The principal is free to terminate the assignment with the service provider at any time.
When the principal withdraws the assignment, the principal is obliged to pay the fee due and the expenses incurred by the service provider.
Article 11 — Duty to Complain
The principal is obliged to immediately report, in writing, any complaints regarding the work performed to the service provider. The complaint must contain a description of the shortcoming that is as detailed as possible, so that the service provider is able to respond adequately.
A complaint cannot in any case oblige the service provider to perform work other than what was originally agreed.
Article 12 — Warranty
When the Client and Delia Personal Assistance have entered into an agreement of a service-providing nature, this agreement contains for Delia Personal Assistance only a best-efforts obligation (inspanningsverplichting) and not an obligation of result (resultaatsverplichting).
Article 13 — Execution of the Agreement
Delia Personal Assistance executes the agreement to the best of its knowledge and ability, and in accordance with the requirements of good craftsmanship.
Delia Personal Assistance may have all or part of the agreed services performed by others.
Execution of the agreement takes place in consultation, and only after written agreement and payment of any advance by the Client.
The Client must ensure that Delia Personal Assistance is able to begin executing the agreement on time.
If the Client does not ensure timely commencement, any resulting additional costs are at the Client's expense.
Article 14 — Provision of Information by the Client
The Client shall make all information, data, and documents relevant to the correct execution of the agreement available to Delia Personal Assistance in a timely manner, and in the form and manner requested.
The Client guarantees the accuracy and completeness of the information, data, and documents made available, even if these come from third parties, unless the nature of the agreement otherwise dictates.
When and to the extent the Client requests, Delia Personal Assistance shall return the relevant documents.
If the Client does not, does not in time, or does not properly make available the information, data, or documents reasonably required by Delia Personal Assistance, and the execution of the agreement is delayed as a result, the resulting additional costs and additional hours are at the Client's expense.
Article 15 — Duration of Service Agreement
The agreement between Delia Personal Assistance and the Client concerning a service or services is entered into for an indefinite period, unless the nature of the agreement otherwise dictates or unless otherwise agreed.
When the Client enters into an agreement for a fixed period, this is automatically converted into an agreement for an indefinite period at the end of that term, unless one of the parties terminates the agreement with a notice period of 2 months, or a consumer terminates the agreement with a notice period of 1 month, in which case the agreement automatically ends.
Article 16 — Termination of Indefinite-Term Service
The Client may terminate an agreement for an indefinite-term service with a notice period of 1 month.
A consumer may terminate an agreement for an indefinite-term service with a notice period of 1 month.
Article 17 — Intellectual Property
Delia Personal Assistance retains all intellectual property rights to all designs, drawings, writings, data carriers and other information, quotations, images, sketches, models, and prototypes, unless agreed otherwise.
The Client may not display, make available, or otherwise use the intellectual property referred to above to or with third parties without prior written permission from Delia Personal Assistance.
Article 18 — Confidentiality
The Client shall keep confidential any information, in any form, received from Delia Personal Assistance.
The same applies to all other information regarding Delia Personal Assistance which the Client knows, or could reasonably suspect, to be secret or confidential, or which the Client can reasonably expect would cause damage to Delia Personal Assistance if disclosed.
The Client shall take all necessary measures to keep that information confidential.
The duty of confidentiality described in this article does not apply to information:
- that was already public before the Client received it, or that later became public without this being the result of a breach of the Client's duty of confidentiality
- that the Client is required to disclose by law
The duty of confidentiality described in this article applies for the duration of the underlying agreement and for a period of 3 years thereafter.
Article 19 — Penalty Clause
If the Client violates the article on confidentiality or intellectual property, the Client must pay Delia Personal Assistance an immediately payable penalty for each violation.
If the Client is a consumer, the penalty is €1,000.
If the Client is not a consumer, the penalty is €5,000.
In addition, the Client must pay an amount of 5% of the applicable amount above for each day the violation continues.
The Client must pay the penalty without any notice of default or legal proceedings being required. Damage need not have occurred.
In addition to the penalty, Delia Personal Assistance may also claim compensation from the Client.
Article 20 — Indemnification
The Client indemnifies Delia Personal Assistance against all claims by third parties relating to the products and/or services delivered by Delia Personal Assistance.
Article 21 — Complaints
The Client must inspect any product delivered or service rendered by Delia Personal Assistance for shortcomings as soon as reasonably possible.
If a delivered product or rendered service does not meet what the Client could reasonably expect, the Client must notify Delia Personal Assistance within 1 month of identifying the shortcoming.
A consumer must notify Delia Personal Assistance within a maximum of 2 months after identifying the shortcoming.
The Client shall provide a description of the shortcoming that is as detailed as possible, so that Delia Personal Assistance can respond appropriately.
The Client must demonstrate that the complaint relates to an agreement between the Client and Delia Personal Assistance.
When a complaint concerns ongoing work, the Client cannot demand that Delia Personal Assistance perform work other than what has been agreed.
Article 22 — Notice of Default
The Client must communicate any notice of default to Delia Personal Assistance in writing.
The Client is responsible for ensuring that the notice of default actually reaches Delia Personal Assistance in time.
Article 23 — Liability of the Client
When Delia Personal Assistance enters into an agreement with multiple Clients, each of them is jointly and severally liable for the fulfillment of the agreements contained in that contract.
Article 24 — Liability of Delia Personal Assistance
Delia Personal Assistance is only liable for damage suffered by the Client where that damage is caused by intent or willful recklessness.
If Delia Personal Assistance is liable for damage, this applies only to direct damage related to the execution of the underlying agreement. Delia Personal Assistance is not liable for indirect damage, including consequential damage, lost profits, or damage to third parties.
If Delia Personal Assistance is liable, this liability is limited to the amount paid out by any (professional) liability insurance policy held by Delia Personal Assistance. If no insurance is in place or no compensation is paid out, liability is limited to the (part of the) invoice amount to which the liability relates.
All images, photographs, colors, drawings, and descriptions on the website or in any catalog are merely indicative and cannot give rise to any compensation, dissolution, or suspension.
Article 25 — Limitation Period
Any right of the Client to compensation from Delia Personal Assistance lapses 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code (BW).
Article 26 — Dissolution
The Client may dissolve the agreement when Delia Personal Assistance is in attributable breach of its obligations, unless this shortcoming, due to its special nature or minor significance, does not justify dissolution.
If fulfillment of the obligations by Delia Personal Assistance is still possible, dissolution can only take place after Delia Personal Assistance has been placed in default.
Delia Personal Assistance may dissolve the agreement with the Client where the Client does not fully or timely fulfill their obligations under the agreement, or where Delia Personal Assistance has become aware of circumstances giving good reason to assume that the Client will not fulfill their obligations.
Article 27 — Force Majeure
In addition to Article 6:75 of the Dutch Civil Code, a shortcoming on the part of Delia Personal Assistance cannot be attributed to Delia Personal Assistance by the Client where there is a case of force majeure.
Force majeure situations include, among others:
- a state of emergency such as civil war or natural disaster
- non-performance or force majeure of suppliers, deliverers, or others
- power, electricity, internet, computer, or telecommunications failures
- computer viruses
- strikes
- governmental measures
- transportation problems
- adverse weather conditions
- work interruptions
When a force majeure situation occurs that prevents Delia Personal Assistance from fulfilling one or more obligations to the Client, those obligations are suspended until Delia Personal Assistance is able to fulfill them.
From the moment a force majeure situation has lasted at least 30 calendar days, both the Client and Delia Personal Assistance may dissolve the agreement in whole or in part by written notice.
Delia Personal Assistance is not required to pay any compensation to the Client in a force majeure situation, even if Delia Personal Assistance benefits from the situation.
Article 28 — Amendment of the Agreement
When it is necessary for the execution of a concluded agreement to amend that agreement, the Client and Delia Personal Assistance can adjust the agreement.
Article 29 — Amendment of General Terms
Delia Personal Assistance is entitled to amend these general terms.
Minor changes can always be implemented by Delia Personal Assistance.
Delia Personal Assistance will, where possible, discuss substantial changes with the Client in advance.
A consumer is entitled to terminate the underlying agreement in the event of a substantial change to the general terms.
Article 30 — Transfer of Rights
The Client cannot transfer rights from an agreement with Delia Personal Assistance to others without the written permission of Delia Personal Assistance.
This provision applies as a clause with property law effect, as referred to in Article 3:83(2) of the Dutch Civil Code.
Article 31 — Consequences of Nullity or Annulment
When one or more provisions of these general terms prove to be null or annullable, this does not affect the other provisions of these terms.
A provision that is null or annullable shall in that case be replaced by a provision which most closely approximates what Delia Personal Assistance had in mind when drafting these terms.
Article 32 — Applicable Law and Competent Court
Dutch law applies to these general terms.
The court in the district of the place of business of Delia Personal Assistance has exclusive jurisdiction to hear any disputes between the Client and Delia Personal Assistance, unless the law provides otherwise.