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Psylaris: EMDR-VR B.V., established at Kasteel Kessenichstraat 47, 6222VL, Maastricht under KvK no: 70390185
Customer: the person with whom Psylaris has entered into an agreement.
Parties: Psylaris and client together.
Consumer: a customer who is also an individual acting as a private person.
These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Psylaris.
The parties can only deviate from these terms and conditions if they have expressly agreed to do so in writing.
The parties expressly exclude the applicability of additional and/or different general terms and conditions of the customer or third parties.
All prices quoted by Psylaris are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
All prices on Psylaris for its products or services, on its website or otherwise made known, Psylaris may change at any time.
Increases in the cost prices of products or parts thereof, which Psylaris could not foresee at the time the offer was made or the agreement concluded, may result in price increases.
The price relating to a service is determined by Psylaris on the basis of the actual hours spent.
The price shall be calculated in accordance with Psylaris' usual hourly rates applicable to the period in which it performs the work, unless a different hourly rate has been agreed.
If the parties have agreed on a total price for a service provided by Psylaris, this shall always be a target price, unless the parties have expressly agreed in writing on a fixed price that cannot be deviated from.
Psylaris is entitled to deviate from the target price up to 10%.
If the target price is going to be more than 10% higher, Psylaris must notify the Customer in a timely manner Why a higher price is justified.
If the target price goes up by more than 10%, the customer is entitled to the portion of the order that exceeds the target price plus 10%.
Psylaris is entitled to adjust prices annually.
Prior to its effective date, Psylaris will communicate price adjustments to the customer.
The consumer has the right to terminate the agreement with Psylaris if he does not agree to goes with the price increase.
The customer must have made payments in arrears within 14 days of delivery of the product.
Payment deadlines are regarded as fatal payment deadlines. This means that if the customer has not paid the agreed amount no later than the last day of the payment period, he is in default and in default by operation of law, without Psylaris having to send a reminder or declare the Customer in default.
Psylaris reserves the right to make a delivery subject to immediate payment or to require a security for the total amount of the services or products.
If the client fails to pay within the agreed term, Psylaris is entitled to charge interest of 1% per month from the day the client is in default, whereby part of a month shall be counted as a whole month.
If the Customer is in default, it shall also owe extrajudicial collection costs and any damages to Psylaris.
Collection costs are calculated according to the Decree on compensation for extrajudicial collection costs.
If the client fails to pay on time, Psylaris may suspend its obligations until the client has fulfilled his payment obligation.
In case of liquidation, bankruptcy, attachment or suspension of payment on the part of the Client, Psylaris' claims against the Client shall be immediately due and payable.
If the Customer refuses to cooperate with Psylaris' execution of the agreement, he is still obliged to pay Psylaris the agreed price.
As soon as the Customer is in default, Psylaris shall be entitled to invoke the right of claim in respect of the unpaid products delivered to the Customer.
Psylaris invokes the right of claim by means of a written or electronic communication.
As soon as the customer has been informed of the invoked right of complaint, the customer must inform the products to which this right relates, immediately return them to Psylaris, unless the parties make other arrangements about this.
The cost of retrieving or bringing back the products shall be borne by the customer.
Psylaris may invoke its right of retention and, in that case, retain products of the client, until the client has paid all outstanding bills against Psylaris, unless the client has provided adequate security for those costs.
The right of lien also applies on the basis of previous agreements from which the client still owes payments to Psylaris.
Psylaris shall never be liable for any damage that the Customer may suffer as a result of the exercise of its right of retention.
Unless the Customer is a consumer, the Customer waives his right to set off any debt owed to Psylaris against any claim against Psylaris.
Psylaris remains the owner of all delivered products until the Customer has fully fulfilled all his/her payment obligations towards Psylaris under whatever agreement entered into with Psylaris, including claims of default.
Until then, Psylaris may invoke its retention of title and repossess the goods.
Before ownership has passed to the customer, the customer may not pledge, sell the products, alienate or otherwise encumber.
If Psylaris invokes its retention of title, the agreement shall be deemed to be dissolved and Psylaris shall be entitled to claim damages, lost profits and interest.
Delivery takes place while stocks last.
Delivery takes place at Psylaris, unless the parties have agreed otherwise.
Delivery of products ordered online takes place at the address specified by the customer.
If the agreed amounts are not paid or not paid on time, Psylaris is entitled to suspend its obligations until the agreed part has been paid.
Late payment constitutes creditor default, resulting in a late delivery cannot object to Psylaris.
The delivery times stated by Psylaris are indicative and, if exceeded, do not entitle the client to rescission or damages, unless the parties have expressly agreed otherwise in writing.
The delivery period commences when the Customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation thereof from Psylaris.
Exceeding the stated delivery time shall not entitle the client to compensation or the right to terminate the agreement, unless Psylaris is unable to deliver within 14 days after being notified in writing or the parties have agreed otherwise in this regard.
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
If the packaging of a delivered product has been opened or damaged, the Customer must have a note of this made by the forwarder or delivery person before receiving the product, failing which Psylaris cannot be held liable for any damage.
If the Customer takes care of the transport of a product himself, he must report any visible damage to products or packaging to Psylaris prior to transport, failing which Psylaris cannot be held liable for any damage.
Where the parties have entered into an agreement with a service character, it shall only contain effort obligations for Psylaris, not result obligations.
The warranty relating to products applies only to defects caused by faulty manufacture, construction or material.
The warranty does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties shall pass to the customer at the moment they are legally and/or actually delivered, or at least come into the control of the customer or of a third party who takes delivery of the product on behalf of the customer.
Psylaris shall execute the Agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
Psylaris is entitled to have the agreed services (partially) performed by third parties.
Execution of the agreement shall take place by mutual agreement and after written agreement and payment of any agreed advance by the customer.
It is the client's responsibility to ensure that Psylaris can start executing the agreement in a timely manner.
If the client has failed to ensure that Psylaris can commence execution of the agreement in a timely manner, any resulting additional costs and/or additional hours shall be borne by the client.
The client shall make all information, data and documents relevant for the correct execution of the agreement available to Psylaris in a timely manner and in the desired form and manner.
The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless the nature of the agreement dictates otherwise.
If the client fails to provide the information, data or documents reasonably required by Psylaris, or fails to do so on time or properly, and the execution of the agreement is delayed as a result, the resulting extra costs and extra hours shall be borne by the client.
The agreement between Psylaris and the client is entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or the parties have expressly agreed otherwise in writing.
If a contract has been entered into for a definite period, it will be tacitly converted into a contract for an indefinite period of time after the expiry of the term, unless one of the parties cancels the contract with due observance of a notice period of months, or a consumer cancels the contract with due observance of a notice period of 1 month, then the contract ends by operation of law.
If, within the term of the agreement, the parties have agreed on a term for the completion of certain work, this shall never be a deadline. If this term is exceeded, the client must give Psylaris written notice of default.
The customer may terminate an agreement entered into for an indefinite period at any time subject to 2 months' notice.
A consumer has the right to terminate an open-ended contract subject to 1 month's notice.
Psylaris retains all intellectual property rights (including copyright, patent rights, trademark rights, drawing and model rights, etc.) to all designs, drawings, writings, carriers containing data or other information, offers, images, sketches, models, models, etc., unless the parties have agreed otherwise in writing.
The Customer may not copy, display and/or make available to third parties or otherwise use said intellectual property rights without Psylaris' prior written consent.
The Customer shall keep confidential any information received (in any form) from Psylaris.
The same applies to any other information concerning Psylaris of which he knows or could reasonably be suspect that it is secret or confidential, or which he can expect to be disseminated of it can harm Psylaris.
The customer shall take all necessary measures to ensure that he provides the information referred to in paragraphs 1 and 2 also keeps secret.
The duty of confidentiality defined in this article does not apply to information:
which was already public before the customer learned of it or which subsequently became public without being the result of a breach of the customer's duty of confidentiality
disclosed by the customer pursuant to a legal duty
The duty of confidentiality defined in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiry.
If the other party violates the article of these general terms and conditions on confidentiality or on intellectual property, it shall forfeit for each violation in favour of trade name an immediately payable fine.
if the other party is a consumer, this penalty is €1,000
if the other party is a legal entity, this fine is €5,000
In addition, the other party shall forfeit an amount of 5% of the amount mentioned in paragraph 1 for each day that such breach continues.
No prior notice of default or court proceedings are required for the forfeiture of this penalty. It also does not require any damages.
Forfeiture of the fine referred to in the first paragraph of this article shall not affect Psylaris' other rights including its right to claim damages in addition to the fine.
The client should examine a product delivered or service provided by Psylaris for any shortcomings as soon as possible.
If a product delivered or service rendered does not meet what the client could reasonably expect from the agreement, the client must notify Psylaris as soon as possible, but in any case within 1 month of discovering the shortcomings.
The Customer shall provide as detailed a description of the shortcoming as possible, so that Psylaris is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to work in progress, this cannot in any case result in Psylaris being obliged to perform work other than that agreed upon.
The Customer must give notice of default in writing to Psylaris.
It is the client's responsibility to ensure that a notice of default is actually sent to Psylaris (timely) achieved.
Psylaris shall only be liable for any damage suffered by the client if and insofar as such damage was caused by intent or deliberate recklessness.
If Psylaris is liable for any damage, it shall only be liable for direct damage arising from or related to the execution of an agreement.
Psylaris shall never be liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.
Should Psylaris be liable, such liability shall be limited to the amount paid out by any (professional) liability insurance taken out, and in the absence of (full) payment by an insurance company of the amount of damages, liability shall be limited to the (part of the) invoice amount to which the liability relates.
All illustrations, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and only apply approximately and cannot be a reason for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
The client has the right to terminate the agreement when Psylaris imputably fails to fulfil its obligations, unless such failure, given its special nature or minor importance, does not justify termination.
If the fulfilment of the obligations by Psylaris is not permanently or temporarily impossible, dissolution can only take place after Psylaris is in default.
Psylaris is entitled to terminate the agreement with the client if the client fails to fulfil his/her obligations under the agreement in full or in a timely manner, or if Psylaris becomes aware of circumstances that give it good reason to fear that the client will not be able to properly fulfil his/her obligations.
In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure on the part of Psylaris in the fulfilment of any obligation towards the Client cannot be attributed to Psylaris in a situation independent of the will of Psylaris, as a result of which the fulfilment of its obligations towards the Client is prevented in whole or in part, or as a result of which the fulfilment of its obligations cannot reasonably be required of Psylaris.
The force majeure situation mentioned in paragraph 1 also includes - but is not limited to - the following: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
If a force majeure situation arises that prevents Psylaris from fulfilling 1 or more obligations to the client, those obligations will be suspended until Psylaris can fulfil them again.
From the moment a force majeure situation has lasted for at least 30 calendar days, both parties may dissolve the agreement in writing in full or in part.
In a force majeure situation, Psylaris is not liable to pay any compensation or damages, even if it enjoys any advantage as a result of the force majeure situation.
Psylaris is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major substantive changes will be discussed by Psylaris with the client in advance whenever possible.
Consumers are entitled, in the event of a material change to the general terms and conditions, to the agreement to be terminated.
Rights of the client from an agreement between the parties cannot be transferred to third parties without the prior written consent of Psylaris.
This provision counts as a clause with effect under property law as referred to in Article 3:83(2) of the Civil Code.
Should one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the remaining provisions of these terms and conditions.
A provision that is void or voidable shall in that case be replaced by a provision that comes closest to what Psylaris had in mind when drafting the terms and conditions on that point.
Any agreement between the parties shall be governed exclusively by Dutch law.
The Dutch court in the district where Psylaris has its registered office/practice/office holds exclusive jurisdiction over any disputes between the parties, unless otherwise required by mandatory law.
Retrieved 10 January, 2022
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