Drawn up on 31 October 2019. General Terms and Conditions FSS-Netherlands, established at Schapendreef 12, 5445 AB in Landhorst, registered with the Chamber of Commerce under number 67866220.
These General Terms and Conditions shall apply to every offer, quotation and Contract concluded between FSS-Nederland and the Other Party, unless the parties have expressly deviated from these General Terms and Conditions in writing.
These General Terms and Conditions also apply to Agreements concluded with FSS-Nederland for the performance of which third parties must be involved.
The applicability of any purchasing or other General Terms and Conditions of the Other Party is expressly rejected
If it appears that one or more provisions of these General Terms and Conditions are void or voidable, the General Terms and Conditions shall remain in force for the remaining part. In such a situation FSS-Nederland and the Other Party shall consult with a view to agreeing on new provisions to replace the null and void or annulled provisions.
Deviations from the Contract and the General Terms and Conditions shall only be valid if they have been expressly agreed in writing with FSS-Netherlands.
If FSS-Netherlands does not always require strict compliance with these Terms and Conditions, this does not mean that the provisions thereof are not applicable or that FSS-Netherlands would lose the right to require strict compliance with the provisions of these Terms and Conditions in other cases. General Terms and Conditions of FSS-Netherlands – 31 October 2019. 2 / 14
Offers and quotations shall be made in writing and/or electronically, unless urgent circumstances make this impossible.
All offers and quotations by FSS Nederland shall be without obligation, unless the offer or quotation stipulates a period for acceptance. If the offer or quotation stipulates a period for acceptance, the offer or quotation shall lapse when this period expires.
All offers and quotations by FSS Nederland shall be valid for the period stated in the offer or quotation. The offer or quotation will lapse when this period expires.
The offer or quotation is valid while stocks last.
FSS-Nederland cannot be kept to its offers or quotations if the Other Party should have understood, in accordance with the requirements of reasonableness and fairness and according to generally accepted practice, that the offer or quotation or a part thereof contains an obvious mistake or error in writing.
If the acceptance deviates from the offer included in the quotation or tender, whether or not on minor points, FSS-Netherlands shall not be bound by it. In that case, the Contract shall not come into existence in accordance with this deviating acceptance, unless FSS-Netherlands indicates otherwise.
A composite quotation shall not oblige FSS-Netherlands to deliver part of the goods included in the offer or quotation for a corresponding part of the price quoted.
Offers or quotations shall not automatically apply to future orders or repeat orders.
The Contract is established through the timely acceptance by the Other Party of the offer or quotation submitted by FSS Nederland.
The Agreement is entered into for an indefinite period, unless the nature of the Agreement dictates otherwise or if the parties have expressly agreed otherwise in writing.
FSS Nederland and the Other Party may at any time terminate the Agreement by mutual consent.
Both FSS Nederland and the Other Party may terminate the Contract at any time, subject to 14 (fourteen) days’ notice.
The Other Party shall have the right to cancel the Agreement.
In the event of cancellation FSS Nederland shall charge for the costs already incurred. In addition, in the event of cancellation FSS-Netherlands shall have the right to charge a certain percentage of the agreed fee (the price for the Product(s)) in connection with the loss of profit. General Terms and Conditions of FSS-Netherlands – 31 October 2019. 3 / 14
The Other Party is obliged to cancel an order of 1 to 200 (one to two hundred) Products:
If the Other Party cancels the product(s) after dispatch, the shipping costs for returning the product(s) to FSS Nederland shall be paid by the Other Party.
The Other Party is obliged in the event of cancellation of a larger order of two hundred or more Products:
If the Other Party cancels the products after dispatch, the shipping costs for returning the products to FSS Nederland must be paid by the Other Party.
In the event of force majeure, the Other Party shall not be obliged to pay the full fee.
If during the performance of the Contract it becomes apparent that a proper performance requires the Contract to be amended or supplemented, FSS Nederland will inform the Other Party thereof as soon as possible. The parties will then proceed to amend the Contract in good time and in mutual consultation.
If the parties agree that the Agreement shall be amended or supplemented, this may affect the time of completion of the execution. FSS Nederland will inform the Other Party of this as soon as possible.
If the amendment of or addition to the Contract has financial, quantitative and/or qualitative consequences, FSS Nederland shall inform the Other Party thereof in advance.
If a fixed price has been agreed, FSS-Netherlands shall also indicate to what extent the amendment or supplement to the Contract will affect the price. In so doing, FSS Nederland shall try to give a price quotation in advance, insofar as this is possible.
FSS Nederland shall not be able to charge any additional costs if the amendment or supplement is the result of circumstances that can be attributed to FSS Nederland.
Changes to the Contract originally concluded between the Other Party and FSS-Netherlands shall not be valid until both parties have accepted such changes in writing by means of an additional or amended Contract.
FSS Nederland has the right to have the Agreement performed by third parties.
FSS Nederland shall have the right to perform the Contract in phases.
If the Contract is performed in phases, FSS Nederland shall have the right to invoice each part performed separately and to demand payment for each part performed.
If the Contract is performed in phases, FSS Nederland shall have the right to suspend performance of those parts belonging to the next phase or phases until the Other Party has approved in writing the results of the preceding phase. General Terms and Conditions of FSS-Netherlands – 31 October 2019. 4 / 14
If and so long as this invoice is not paid by the Other Party, FSS-Nederland will not be obliged to execute the next phase and will have the right to suspend the Agreement.
The Other Party shall provide FSS Nederland in a timely manner with all data or instructions which are necessary for the performance of the Contract or which the Other Party should reasonably understand are necessary for the performance of the Contract.
If the aforementioned data and instructions are not provided or not provided in time, FSS-Netherlands shall have the right to suspend performance of the Contract. The extra costs incurred as a result of the delay shall be borne by the Other Party.
For the Other Party as a Consumer, the prices are in euros, inclusive of VAT and other government levies, unless otherwise indicated.
With regard to the Other Party as a company, the prices are expressed in euros, exclusive of VAT and other government levies, unless indicated otherwise.
The prices are exclusive of travel, accommodation, packaging, delivery or postage costs and administration costs, unless indicated otherwise.
A surcharge will be levied for shipments abroad.
FSS-Netherlands will provide the Other Party with a statement of all additional costs or information which enables the Other Party to calculate these costs in good time before concluding the Contract.
If FSS Nederland agrees a fixed price with the Other Party when concluding the Contract, FSS Nederland shall be entitled to increase the price, even if the price was originally not stated subject to reservation.
If FSS Nederland intends to change the price, it will notify the Other Party thereof as soon as possible.
If a price increase takes place within three months of the conclusion of the Contract, the Other Party may dissolve the Contract by means of a written statement, unless
The Other Party shall be entitled to dissolve the Contract if the price is increased more than three months after the conclusion of the Contract, unless the Contract stipulates that delivery shall take place more than three months after the purchase.
This provision only applies to the Other Party in the capacity of Consumer.
In the event of remote purchase, delivery must take place within 30 (thirty) calendar days.
In the event of distance selling, FSS-Netherlands shall have the right to require the Other Party to pay a maximum of 50 (fifty) percent of the price in advance. General Terms and Conditions of FSS-Netherlands – 31 October 2019. 5 / 14
In the event of Remote Purchase, the Other Party has the right to withdraw from the Contract for 14 (fourteen) calendar days after receipt of the goods delivered by FSS-Netherlands, without giving reasons.
In the case of distance selling, the Other Party has the right to withdraw from the Contract after 30 (thirty) calendar days if FSS-Nederland has not delivered the product within 30 (thirty) calendar days, unless the parties have agreed on a different delivery period.
If FSS-Netherlands has failed to fulfil its duty to provide information or has not supplied data in the correct form, the Other Party shall have the right to dissolve the Contract without giving reasons for 1 (one) year after the receipt of the goods delivered by FSS-Netherlands. If FSS-Netherlands fulfils its duty to provide information within one (1) year, the period of fourteen calendar days shall commence on the day after it has fulfilled this duty.
The Other Party may withdraw from the Contract by means of the standard withdrawal form posted by FSS-Netherlands or in any manner of its own choosing.
If the Other Party returns the delivered goods, the Other Party must return the goods in proper packaging, with all delivered accessories and in their original condition. The shipping costs for returning the goods are at the Other Party’s risk and expense.
If the Other Party has made use of its right of withdrawal, the Other Party shall be obliged to return the goods within 14 (fourteen) calendar days after it has informed FSS Nederland that it is withdrawing from the agreement.
If the Other Party has exercised its right of withdrawal, FSS-Nederland shall refund the full amount paid in advance including the shipping costs paid, no later than 14 (fourteen) calendar days after the dissolution of the Contract.
If the goods are not available, FSS-Netherlands shall inform the Other Party as soon as possible and shall return the amount paid in advance within 14 (fourteen) calendar days at the latest. If FSS-Netherlands and the Other Party agree that an item of similar quality and price may be delivered, the shipping costs for returning the item shall be paid by FSS-Netherlands. The foregoing shall only apply if the Other Party exercises its right of withdrawal during the consideration period.
The provisions of this Article do not apply if the Contract relates to:
Delivery to the Other Party in the capacity of Consumer takes place when the item is placed under the control of the Other Party. After delivery, the risk of the goods passes to the Other Party.
Delivery to the Other Party in the capacity of a business shall take place by placing the item at the disposal of the Other Party. After delivery, the risk of the item passes to the Other Party.
Delivery shall take place at the location of FSS Nederland or at the address specified by the Other Party, unless otherwise agreed. General Terms and Conditions FSS-Nederland – 31 October 2019. 6 / 14
The Other Party shall be obliged to take delivery of the purchased goods at the time they are made available to it, unless this results in serious objections or unreasonable costs.
If, at the place of delivery, the Other Party refuses to take delivery or is negligent in the provision of information or instructions necessary for the delivery, the goods intended for delivery will be stored at the risk and expense of the Other Party after FSS-Netherlands has notified the Other Party thereof.
The Other Party shall be obliged to take delivery of the purchased goods at the time at which they are available to it or are made available to it.
If, at the place of delivery, the Other Party refuses to take delivery or is negligent in the provision of information or instructions necessary for the delivery, the goods destined for delivery will be stored at the Other Party’s risk and expense. The Other Party shall in that case owe all additional costs.
The delivery will take place within a period of 5 (five) working days.
If a period has been agreed or specified for the delivery of the goods, then this period shall only be indicative and shall never be regarded as a deadline.
If FSS Nederland requires data or instructions from the Other Party that are necessary for the delivery, the delivery time shall commence after the Other Party has provided these to FSS Nederland.
If the delivery term is exceeded, the Other Party must declare FSS-Netherlands in default in writing, whereby FSS-Netherlands shall still be offered a reasonable term to deliver the item.
A notice of default shall not be necessary if delivery has become permanently impossible or it has otherwise become apparent that FSS-Netherlands will not fulfil its obligations under the Contract. If FSS Nederland fails to deliver within this period, the Other Party shall be entitled to dissolve the Contract without judicial intervention and/or to demand compensation.
This provision only applies to the Other Party in the capacity of Consumer.
The goods that are the subject of the Contract shall be for the account and risk of FSS-Netherlands until the moment the goods are brought into the control of the Other Party.
The risk of loss, damage or decrease in value of the items that are the subject of the Contract shall pass to the Other Party at the moment when the items are brought under the control of the Other Party in its capacity as Consumer or a third party designated by the Other Party.
This provision only applies to the Other Party in its capacity as a Company.
The items that are the subject of the Contract shall be for the account and risk of FSS Nederland until the time they are made available to the Other Party.
The risk of loss, damage or depreciation of the items forming the subject of the Contract shall pass to the Other Party at the moment when the items are made available to the Other Party in its capacity as a company or to a third party designated by the Other Party. General Terms and Conditions of FSS-Netherlands – 31 October 2019. 7 / 14
Payment shall be made by transfer to a bank account designated by FSS-Netherlands or in cash at the time of purchase or delivery, unless agreed otherwise. Payment shall be made by means of an invoice or bank transfer.
Payment shall be made in advance.
FSS Nederland and the Other Party may agree that payment shall be made in instalments. If payment in instalments has been agreed, the Other Party must pay in accordance with the instalments and the percentages as specified in the Contract.
The Other Party is not authorised to deduct any amount from the amount owed on account of a counterclaim made by it.
Objections to the amount of the invoice will not suspend the payment obligation.
After the expiry of 14 (fourteen) days from the invoice date, the Other Party will be in default by operation of law, without any notice of default being required. From the moment of entering default, the Other Party shall owe interest of 2% per month on the amount due, unless the legal interest rate is higher.
In the event of bankruptcy, suspension of payments or receivership, the claims of FSS Nederland and the obligations of the Other Party vis-à-vis FSS Nederland shall become immediately due and payable.
FSS-Netherlands shall make every effort to inform the Other Party as fully as possible about the Products via the website. Should a Product nevertheless not meet the Other Party’s expectations, the article can be returned or exchanged.
The Other Party must always make it known in advance that it wishes to return or exchange an item. The Product should be notified for return or exchange at info@fss-nederland.nl.
After notification of the return or exchange, the Other Party shall receive a confirmation with return instructions by e-mail within 5 (five) working days.
With the return shipment the Other Party shall state the order number, name and the IBAN number with which the payment was made.
The Product must be delivered to FSS Nederland by return, but no later than within 10 (ten) working days. Return shipments sent outside the aforementioned return period will not be accepted, unless agreed otherwise in advance between FSS-Netherlands and the Other Party.
An exchange shall only take place if the goods received by the Other Party have been received back by FSS-Netherlands within 10 (ten) working days after the date of dispatch, and are accompanied by the original packing slip. The goods must be in unused condition. FSS-Netherlands reserves the right to refuse the exchange of items on the grounds of the aforementioned point or in the case of presumably used Products, and/or to charge a repair fee or a reduction in market value. If the Other Party does not comply with this, FSS-Netherlands shall not be required to grant an exchange.
Upon receipt of an order, FSS-Netherlands shall inspect it for the above-mentioned points. The Other Party shall receive an e-mail as soon as possible but in any case within 5 (five) working days upon receipt of the Product. FSS-Netherlands shall refund the purchase price in principle immediately but at the latest within 3 (three) working days upon receipt of the returned Product. The refund does not include the shipping costs charged. The costs of the return shipment shall be borne by the Other Party. General Terms and Conditions FSS-Netherlands – 31 October 2019. 8 / 14
The assessment of whether the goods are unused and in perfect condition lies entirely with FSS-Netherlands.
FSS-Netherlands is not responsible for lost return shipments. The Other Party shall be responsible for the orderly packing and shipping of a return consignment.
Shipping costs for orders which have been shipped free of charge will obviously not be refunded.
FSS-Netherlands reserves the right to collect the extra shipping costs resulting from the exchange of delivered goods, via the one-off authorisation, if bank details are known or can be retrieved.
Exchanging means choosing another Product. In this case, new shipping costs will be charged. Shipping costs charged will not be credited.
The Other Party shall receive the payment back into his/her account within 10 (ten) working days after the order has been processed.
If the Other Party is in default or breach of contract in the (timely) fulfilment of its obligations, all reasonable costs incurred in obtaining satisfaction out of court shall be borne by the Other Party.
Wit regard to the out of court refund costs FSS Nederland, insofar the Other Party acts in the capacity of a Company deviating from Article 6:96(5) of the Dutch Civil Code and the Decree on the reimbursement of extrajudicial collection costs (Resolution compensation for extrajudicial collection costs), FSS-Nederland is entitled to charge extrajudicial collection costs of 15% (fifteen) of the total outstanding principal amount, with a minimum of €90 (ninety) for each invoice that remains partly or completely unpaid.
With respect to the extrajudicial (collection) costs, FSS-Nederland, insofar as the Other Party is acting in the capacity of a consumer, is entitled to the maximum reimbursement permitted by law as determined in the Decree on the reimbursement of extrajudicial (collection) costs.
Insofar as the Other Party is acting in the capacity of a Consumer, FSS-Netherlands shall only be entitled to compensation of the extrajudicial (collection) costs after FSS-Netherlands has sent the Other Party a reminder to pay the outstanding invoice or invoices within 14 (fourteen) days after the default has occurred.
Any reasonable judicial and execution costs incurred shall also be borne by the Other Party.
A Voucher can only be issued by FSS-Netherlands.
The Other Party must keep a Voucher carefully. There will be no compensation in case of theft or loss.
A Voucher is only valid during its period of validity. The period of validity differs per Voucher. The period of validity is stated on the Voucher.
Vouchers cannot be returned or exchanged for cash.
In the case of Distance Selling, Vouchers can be returned within fourteen days. After this period, Vouchers cannot be returned or exchanged for cash.
All goods delivered by FSS-Netherlands within the scope of the Contract shall remain the property of FSS-Netherlands until the Other Party has properly complied with and paid in full what it owes pursuant to the Contract. General Terms and Conditions of FSS-Netherlands – 31 October 2019. 9 / 14
The amount owed shall also include: the payment of all costs and interest, also of earlier and later deliveries and services rendered, as well as damage claims due to failure to perform.
As long as the ownership of the delivered goods has not been transferred to the Other Party, the latter may not resell, pledge or encumber in any other way that which is subject to retention of property, except within the normal operation of its business.
If the Other Party fails to fulfil an obligation under the Contract or fails to do so fully or in good time, FSS Nederland shall have the right to suspend the fulfilment of the corresponding obligation. In the event of partial or improper fulfilment, suspension shall only be permitted to the extent justified by the failure.
Furthermore, FSS-Netherlands shall be authorised to suspend fulfilment of the obligations if:
FSS Nederland retains the right to claim damages.
If the Other Party fails to fulfil an obligation under the Contract or fails to do so fully, on time or properly, FSS Nederland shall be authorised to dissolve the Contract with immediate effect, unless the failure does not justify dissolution on account of its minor importance.
FSS Nederland shall also be authorised to dissolve the Contract with immediate effect if:
Dissolution takes place by means of a written notification without judicial intervention.
If the Contract is dissolved, the claims of FSS Nederland against the Other Party shall become immediately due and payable.
If FSS-Netherlands dissolves the Contract on the foregoing grounds, FSS-Netherlands shall not be liable for any costs or damages. General Terms and Conditions FSS-Nederland – 31 October 2019. 10 / 14
If the dissolution is attributable to the Other Party, the Other Party shall be liable for the damage suffered by FSS-Netherlands.
Neither FSS Nederland nor the Other Party can be blamed for a shortcoming, as the shortcoming is not due to its fault, nor is it for its account pursuant to law, legal action or generally accepted practice. In this case, the parties are also not bound to comply with the obligations arising from the Agreement.
In these General Terms and Conditions, force majeure is defined, in addition to what is stated in the relevant legislation and case law, as all external causes, foreseen or unforeseen, over which FSS Nederland has no influence and as a result of which FSS Nederland is unable to fulfil its obligations.
The following circumstances, among others, are considered to constitute force majeure: exclusion, fire, water damage, natural disasters or other external calamities, mobilisation, war, traffic obstructions, blockades, import or export restrictions or other government measures, stagnation or delay in the supply of raw materials or machine parts, as well as any circumstance as a result of which the normal course of business is impeded, as a result of which FSS-Netherlands’ fulfilment of its obligations under the Contract may not reasonably be required of the Other Party.
FSS Nederland shall also have the right to invoke force majeure if the circumstance preventing (further) fulfilment of the Contract occurs after FSS Nederland should have fulfilled its obligation.
In the event of force majeure, the Parties shall not be required to continue the Contract, nor shall they be obliged to pay any compensation whatsoever.
Both FSS Nederland and the Other Party may suspend all or some of the obligations arising from the Contract during the period of force majeure. If this period exceeds 2 (two) months, both parties shall be entitled to dissolve the Contract with immediate effect by means of written notification, without judicial intervention, and without either party being entitled to claim any damages.
If the situation of force majeure is temporary, FSS-Netherlands reserves the right to suspend the agreed performance for the duration of the force majeure situation. In the event of permanent force majeure, both parties shall be entitled to dissolve the Contract without judicial intervention.
If, at the time when force majeure occurs, FSS Nederland has already partially fulfilled its obligations under the Contract or will be able to fulfil them, and if independent value can be attributed to the part already fulfilled or still to be fulfilled, FSS Nederland shall be entitled to separately invoice the part already fulfilled or still to be fulfilled respectively. The Other Party shall be obliged to pay this invoice as if it were a separate Agreement.
FSS Nederland guarantees that the goods delivered comply with the Contract. FSS Nederland also guarantees that the goods delivered meet the customary requirements and standards that may reasonably be set for them and that the goods possess the properties that, all things considered, are required for normal use.
The guarantee specified in these General Terms and Conditions applies to use inside and outside the Netherlands.
The guarantee specified in these General Terms and Conditions applies for a period of 3 (three) years, unless the nature of the Agreement dictates otherwise or the parties have agreed otherwise. If the guarantee period has expired, all costs of repair or replacement, including administration, dispatch and call-out charges, will be borne by the Other Party. General Terms and Conditions FSS-Nederland – 31 October 2019. 11 / 14
If the delivered Product has been produced by a third party, the guarantee provided by this third party shall apply, unless stated otherwise.
If the Product delivered does not comply with the guarantee, FSS-Netherlands shall, after stating this, replace or repair the Product free of charge within a reasonable period following receipt.
Any form of guarantee shall lapse if a defect has arisen as a result of inexpert use or lack of care, or if it is the result of changes made to the delivered Product by the Other Party or third parties. Neither is FSS-Netherlands responsible for any damage resulting from these defects.
The guarantee shall also lapse if the defect is caused by or is the consequence of circumstances over which FSS Nederland has no control. These circumstances include weather conditions.
The Other Party is obliged to examine the goods delivered at the moment of delivery, but in any case within 7 (seven) days after delivery. The Other Party must examine whether the quality and quantity of the goods delivered corresponds to what was agreed, or at least meets the requirements that apply to it in normal business life.
Visible defects and shortages must be reported in writing to FSS Nederland within 3 (three) days of delivery of the Product. The defective Product must be returned together with the proof of purchase, unless this is impossible or unreasonably onerous.
Non-visible defects and shortages must be reported to FSS-Netherlands within 7 (seven) days of their discovery. The defective Product must be returned together with the proof of purchase, unless this is impossible or unreasonably onerous.
For the Other Party in the capacity of Consumer, a period of 2 (two) months shall always apply for the discovery of visible and non-visible defects, as referred to in Article 7:23 of the Dutch Civil Code.
The right to (partial) refund of the price, repair or replacement of the Product or compensation for damages shall lapse if defects are not reported within the stipulated period, unless a longer period ensues from the nature of the Product or the circumstances of the case.
The payment obligation shall not be suspended if the Other Party informs FSS Nederland of the defect within the stipulated period.
If a complaint is made in time, the Other Party shall remain obliged to purchase and pay, unless no independent value can be attached to this.
FSS Nederland shall only be liable for direct damage caused by wilful recklessness or intent on the part of FSS Nederland. Direct damage shall be understood to mean exclusively
General Terms and Conditions FSS-Netherlands – 31 October 2019. 12 / 14
FSS-Nederland shall never be liable for indirect damage, including in any case consequential damage, loss of profit, missed savings, business stagnation or immaterial damage suffered by the Other Party. In the case of a consumer purchase, this restriction shall not extend beyond that permitted under Article 7:24(2) of the Dutch Civil Code.
FSS Nederland is not liable for any loss or damage of whatever nature caused by the fact that FSS Nederland has relied on incorrect and/or incomplete information provided by the Other Party, unless FSS Nederland should have been aware of such incorrectness or incompleteness.
The limitations of liability included in this Article shall not apply if the damage is due to intent or gross negligence on the part of FSS Nederland or its managing subordinates.
FSS Nederland shall not be liable for the mutilation, destruction, theft or loss of data or documents.
If FSS Nederland should be liable for any damage, then the liability of FSS Nederland is limited to a maximum of once the amount stated in the invoice or to the amount to which the insurance policy taken out by FSS Nederland gives entitlement, plus the excess borne by FSS Nederland in accordance with the insurance policy.
The Other Party must report any damage for which FSS Nederland may be held liable to FSS-Netherlands as soon as possible, but in any case within ten days of the damage occurring, on pain of forfeiting any right to compensation for such damage.
Any liability claim against FSS Nederland will lapse within 1 (one) year of the Other Party becoming aware of the harmful event or of the fact that it could reasonably have been aware of it.
The Other Party indemnifies FSS Nederland against any claims from third parties who suffer losses in connection with the performance of the Contract and which are attributable to the Other Party.
If FSS-Netherlands is held liable by third parties, the Other Party shall be obliged to assist FSS-Netherlands at law and otherwise. All costs and losses on the part of FSS-Netherlands and third parties shall otherwise be at the expense and risk of the Other Party.
Contrary to the statutory limitation periods, all claims against FSS Nederland and any third parties engaged by FSS Nederland are subject to a limitation period of 1 (one) year.
The foregoing shall not apply to claims based on the failure of the delivered item to comply with the Contract. In this case, claims shall lapse 2 (two) years after the Other Party informed FSS Nederland of the defectiveness of the item delivered.
FSS Nederland reserves the rights and powers vested in it pursuant to the Copyright Act and other intellectual property laws and regulations.
FSS Nederland retains the right to use any knowledge acquired in performing the work for other purposes, to the extent that no confidential information is brought to the attention of third parties in the process.
The data and information which the Other Party provides to FSS-Nederland will be kept carefully and confidentially by FSS-Nederland. General Terms and Conditions FSS-Nederland – 31 October 2019. 13 / 14
FSS-Nederland acts in accordance with the AVG which is in force as of 25 May 2018. FSS-Nederland will keep a register of processing activities pursuant to the AVG.
The Other Party has the right to inspect, the right to correct and the right to delete the personal data transferred.
When visiting the website, FSS Nederland may collect information from the Other Party concerning the use of the website by means of cookies.
The information which FSS Nederland collects by means of cookies may be used for functional and analytical purposes.
FSS-Netherlands may only use the Other Party’s personal details in the context of performing its delivery obligation or dealing with a complaint.
FSS-Netherlands shall not be permitted to lend, hire out, sell or in any other way disclose the personal data of the Other Party.
FSS-Netherlands may only use the personal data of the Other Party for the specific purposes necessary.
FSS-Netherlands will not retain the personal data for longer than necessary.
The Other Party shall be entitled to lodge a complaint concerning its personal data with the Netherlands Data Protection Authority. The Personal Data Authority is obliged to handle this complaint.
The Other Party agrees that FSS-Nederland may approach the Other Party for statistical or customer satisfaction research. If the Other Party does not wish to be approached for research, it may indicate this.
The Other Party can subscribe to the newsletter.
The newsletter keeps the Other Party informed about the latest news and developments.
The Other Party receives the newsletter by e-mail.
The Other Party can unsubscribe from the newsletter at any time in writing or through the hyperlink. The Other Party will then no longer receive any messages.
FSS Nederland shall be entitled to amend these General Terms and Conditions unilaterally.
Amendments shall also apply to contracts already concluded.
FSS Nederland shall notify the Other Party of the amendments by e-mail.
The amendments to the General Terms and Conditions shall take effect 30 (thirty) days after the Other Party has been notified of the amendments.
If the Other Party does not agree to the announced changes, the Other Party shall have the right to dissolve the agreement. General Terms and Conditions of FSS-Netherlands – 31 October 2019. 14 / 14
All legal relationships to which FSS Nederland is a party shall be governed exclusively by Dutch law. This shall also apply if an obligation is wholly or partially fulfilled abroad or if the Other Party has its place of residence abroad.
The applicability of the Vienna Sales Convention is excluded.
If the Other Party has a complaint concerning the Product, it may submit a complaint by e-mail to FSS-Netherlands.
The Other Party must submit a complaint to FSS-Netherlands within 1 (one) month of the moment when the Other Party became aware of the existence of the complaint.
FSS Nederland will treat all complaints as confidential.
If the Other Party has not fulfilled its payment obligation in full or in part, FSS-Netherlands will not handle the complaint of the Other Party. Only when FSS-Netherlands has received payment will the complaint be dealt with.
FSS-Netherlands shall endeavour to deal with the complaint within 1 (one) month.
These General Terms and Conditions have been filed with the Chamber of Commerce under number 67866220.
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