Global Property Cowboys Terms and Conditions
1. Global Property Cowboys : Global Property Cowboys e.g., established under KvK No. 75087545.
2. Customer: the person with whom Global Property Cowboys has entered into an aangegaanagreement.
3. Parties: Global Property Cowboys and customer together..
4. Consumer: a customer who is also an individual and who acts as a private person..
Applicability terms and conditions
1. These conditions shall apply to all tenders, offers, werkzaamhedenactivities, orders, agreements and deliveries of services or products by or on behalf of Global Property Cowboys.
2. dat Parties may derogate from these conditions only if they have expressly and in writing agreed..
3. The parties expressly exclude the toepasseliapplication of additional and/or different terms and conditions of the customer or third parties. .
1. All prices used by Global Property Cowboys are in euros, zijn do not include VAT and exclude any other costs such as administrativefees, charges and travel, shippingor transport costs, unless expressly stated otherwise or otherwise agreed..
2. zijn emaaktAny prices charged by Global Property Cowboys hanteert for its products or services,on its website or otherwise anderszins disclosed, can change Global Property Cowboys at any time..
3. Increases in the cost prices of products or their components , which Global Property Cowboys could not provide at the time of the doen offer orthe tot creation of the transferenkomstagreement , may give rise to price increases.
4. The consumer shall have the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of een legislation. .
5. Thekking een price with a service is set by Global Property Cowboys on the basis of the actual hours spent. .
6. The price is calculated according to the usual hourly rates of Global Property Cowboys , applicable for the period in which he eden performs the workhours, unless a different hourly rate has been agreed..
7. If parties have agreed a total amount for a service provided by Global Property Cowboys, this is always a ste guide price, unless the parties have expressly and in writing agreed a final price, which cannot be deviatedfrom .
8. Global Property Cowboys is entitled to deviateto 10% of the target price. .
9. If the target price is more than 10% higher, Global Property Cowboys should let the customer know in good time why a higher price is justified.
10. If. the target price is more than 10% higher , the customer has the right to have the part of the contract cancelled, which isrmeerderd above the target price by 10%. uitkomt
11. Global Property Cowboys has the right to adjust prices annually. .
12. Prior to its entry, ervan Global Property Cowboys will disclose price adjustments to the customer..
13. The consumer has the right to te terminate the agreement tGlobal Property Cowboys if he does not agree to the price increase..
Payments and payment period
1. Global Property Cowboys may require a deposit of up to 50% of the agreed amount when entering into the agreement. .
2. The customer must te have made payments afterwards within 7 days of delivery of the product. .
3. Payment periods shall be considered as fatal payment periods.. This means that if the customer has not paid the agreed amount by the last day ofthe payment . period , he is by law in default and in default, without Global Property Cowboys having to send the customer a notice or default .
4. Global Property Cowboys reserves the right to make an levering dependent on immediate payment or to require a guarantee for the total amount of services or products.
Not paying in time
1. If the customer does not pay within the agreed time frame,Global Property Cowboys is entitled to charge an interest rate of 1% per month from the day the rekening customer is in default, taking a portion of a month for an entire month .
2. In addition, when the customer is in default, he is liable for out-of-court expensesssokosten and any damages to Global Property Cowboys.
3. The collection costs are calculated on the basis of the Decision fee for out-of-court collection costs..
4. If the customer does not pay on time, Global Property Cowboys may suspend its obligations until the customer has fulfilled his obligation to pay..
5. In the event of klant beslag liquidation, bankruptcy,seizure or suspension of payment on the customer's side, Global Property Cowboys' claims on the customer shall be immediately claimable..
6. If the customer refuses to cooperate in the implementation of the agreement by Global Property Cowboys, he is still obliged to pay the agreed price to Global Property Cowboys.
Right of advertising
1. Once the customer is in default, Global Property Cowboys is entitled to invoke the right of advertising in respect aanzien of the unpaid products delivered to the customer. .
2. Global Property Cowboys invokes the right of advertising through a writtene or electronic communication..
3. Oncendere the customer has been informed of the invoked right of hoogte advertising, the customer must immediately return the products to which this right relates heeft to Global Property Cowboys, unless parties make any agreements about it. .
4. The costs for recovering ortransfering the products are borne by the customer..
Right of withdrawal
1. A consumer may cancel an online purchase for a 14-day dagen cooling-off period without giving any reason provided voorwaarde that::
· the product has not been used
· it is not a product that can spoilquickly, such as food or flowers
· maat it is not a product specially tailored to the consumer or adapted
· it is not a product that cannot be returned for hygenical reasons (underwear, swimwear, etc.) enz
· the sealing is still intact, when it comes to data carriers with digital content (DVDs,CDs, etc.)
· the product is not a travel, transport ticket, catering assignment or form of leisure activity
· the product g is a loose magazine or separate newspaper
· (emergency geen repair) spoedreparatie order
· the consumer has not waived his right of withdrawal
2. The 14-day cooling-off period dagen referred toin paragraph 1 shall vangt begin:
o on the day after the consumer has received the last product or part of 1 order
o once the consumer has received the first product with a subscription
o once the consumer has taken a service for the first time
o as soon as the consumer has confirmed that they are going to purchase digital content via internet
3. The consumer may make their appeal of the right of withdrawal known via email@example.com, if desired, by means of the revocation form which can be downloadedvia the Global Property Cowboys website , www.globalpropertycowboys.com. .
4. The consumer is obliged to return the product to Global Property Cowboys within 14 days of zijn the decision to be made known to Global Property Cowboys , in the bij absence of which his right of withdrawal is waived..
5. The return feewill only be borne by Global Property Cowboys if the full order is returned..
6. aanmerking omenIf the purchase costs and any other costs (suchas shipping and return costs) are eligible for reimbursement under the law, Global Property Cowboys will refund these costs to the consumer within 14 days of receipt of the timely recantonary fee, provided that the consumer has returned the product to Global Property Cowboys in good time. .
Unless the customer is a consumer, the customer waives the right to suspend the fulfilment of any undertaking resulting from this agreement. .
1. Global Property Cowboys can rely on its retentierecht and in that case keep the tenzij klant customer's products klant under them until the customer has paid all outstanding accounts for Global Property Cowboys unless the customer has provided sufficient security for those costs. .
2. The retention right ldt also applies under grond previous agreements from which the customer still owes payments to Global Property Cowboys.
3. Global Property Cowboys is neverkmaken liable for any damages that the customer may suffer as a result of the use of his retention right..
Unless the customer is a consumer, the customer waives his right to set off a doet debt to Global Property Cowboys te with a claim against Global Property Cowboys.
1. Global Property Cowboys will continue to own all products ook delivered until the customer has fully fulfilled all its commitments st to Global Property Cowboys under what voor is closed with Global Property Cowboys , including claims of failure to comply . .
2. Until then, Global Property Cowboys zich can rely on his reservation of ownership and take back the cases. .
3. Before the property has been transferred to the customer,the customer may not pawn,sell, verkopen dispose of or otherwise object to the products. .
4. If Global Property Cowboys een fde invokes its ownership reservation, the agreement is declared and Global Property Cowboys have the right to claim damages, tender profit and interest .
1. Delivery takes place as long as the stock lasts..
2. Delivery takes place at Global Property Cowboys, unless parties have been agreed differently. .
3. Delivery of products ordered online takes place at the address indicated by the klant. .
4. If the agreed amounts are not paid on time or not, Global Property Cowboys has the right to suspend its obligations until the agreed part is satisfied voldaan.
5. In the niet case of late payment, there is a default of creditors,with the result that the customer cannot counter a late delivery to Global Property Cowboys .
1. daarvan The delivery times specified by Global Property Cowboys are indicative and do not entitle the customer to dissolution or compensation if they are overrun, unless the parties have expressly and in writing agreed otherwise. .
2. The delivery time starts at the time when the customer has completed che the (electronic) ordering process and heeft received an (electronicselektronis confirmation) from Global Property Cowboys.
3. zijn Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the contract unless Global Property Cowboys cannot deliver within 14 days of being in writing or parties have agreed otherwise .
The customer must ensure that the actual delivery of the products he has ordered can take place in good time..
Transport costs are at the customer's expense klant unless parties have agreed otherwise. .
Packaging and shipping
1. ontvangst If the packaging of a delivered product is open or damaged, the customer must, before receiving theproduct, be informed by the forwarder or. deliverer, te in the event of a default, which global property cowboys cannot be held liable for any damages..
2. If the customer himself takes careof the transport of a niet product, he must report any visible damage to products or packaging verpakking to Global Property Cowboys prior to transport, in the absence of which Global Property Cowboys cannot be held vervoer liable forr any damages.
1. onder The customer undertakes to ensure and keep the following matters adequately insured against fire, explosion and water damage, as well as theft::
o related matters necessary for the implementation of the underlying agreement
o global property cowboys' business that are present with the customer
o matters provided under ownership
2. At the first request of Global Property Cowboys, the customer provides the policy of these insurances for inspection..
1. If the customer purchases ordered products only later than the agreed delivery date,the risk of a possible loss of quality is entirely for the customer..
2. Any additional costs resulting from premature or late purchase of products areentirely borne by the customer..
1. When the parties have entered into an agreement of a service character , it only includes effort obligations for Global Property Cowboys , not a result obligations.
2. The guarantee relating to products shall apply only to defects caused by improper(e) manufacture, construction or material..
3. aangebrachte The guarantee shall not apply in the case of normal wear and tear niet and damage resulting from accidents, changes to the product, negligence or improper use by the customer, and where the cause of the defect cannot be clearly klant determined.
4. klant The risk ontvangst of loss, damage or theft fromthe products that are the subject of an agreement between the parties passes to the customer at the time when they are legally verliesand/or actually delivered, at least coming into the customer's power or from a third party who receives the product for the benefit ofthe customer. .
1. Exchange is only possible if the following conditions are met::
· exchange takes place within 30 days of purchase on presentation of the original invoice
· the product shall be returned to the original packaging orwiththe original (price))tickets still attached
· the product has not yet been used
2. voor klant Discounted items, non-sustainable items such as food, maat custom-made items or specially customized items and foodstuffs, bodycare products, items with damaged packaging cannot be exchanged..
Implementation of the Agreement
1. Global Property Cowboys executes the agreement to the best of their ability and in accordance with the requirements of good craftsmanship.
2. Global Property Cowboys te has the right to have the agreed service provided (in part) by third parties.
3. The implementation of the agreement shall be carried out by mutualken onderling agreement and after a written agreement and payment of the klant customer's possible advance. .
4. It is the customer's responsibility that Global Property Cowboys can begin implementing the agreement in a timely manner.
5. If the customer has not ensured that Global Property Cowboys can start implementing the agreement in good time, the daaruit resulting additional costs and/or extra hours will be borne by the klantcustomer.
Information provided by the customer
1. beschikbaar The customer shall provide global property cowboys gewenste with all zijn information, data and documents relevant to the correct implementation of the agreement in a timely and desired form and appropriately.
2. The customer shall be able to ensure the ing aard overeenkomst accuracy, completeness and reliability of the information, data and documents submitted at its disposal, even if they come from third parties, provided that the nature of the agreement does not result otherwise. .
3. If and to the extent requested by the customer, Global Property Cowboys returns the relevant documents..
4. If the customer does notmakeavailable, not in a timely or daaru redelijkerwijs niet proper manner, the information, data or documents reasonably required by Global Property Cowboys and will delay the implementation of the contract, the additional costs and extra hours resulting fromit will be borne by the overeenkomst customer..
Duration of the agreement
1. The agreement between Global Property Cowboys and the customer shall be entered into for the duration of 12 MaandenMonths, unless the nature of the agreement is otherwise agreed or parties have been expressly and in writing otherwise agreed otherwise. .
2. tijdIf a fixed-term contract has been entered . into,it shall be tacitly converted to an indefinite contract at the end of the period, unless one of the Parties terminates the contract subject to a notice period of 2 months, or. a consumer shall terminate the contract subject to a notice period of eindigt 1 month, the contract shall end in law..
3. If, within the duration ofthe agreement for the completion of certain activities,zaamheden the parties agreed a period , this shall never be a fatal period. In the case of this period, the customer must make Global Property Cowboys default in gebreke writing. .
1. The customer keeps secret every information he receives (in welke any form) from Global Property Cowboys. .
2. The same applies to any m other information relating to Global Property Cowboys that he knows or can reasonablywijs suspect is confidential wel or that he can expect to harm Global Property Cowboys.
3. The customer shall take all necessary measures to ensure that he also keepsthe information referred to in paragraphs 1 and 2 secret. .
4. The obligation of confidentiality defined in theit article shall not apply to information::
o dat who was already public before the customer heard this information or later became public without this being the result of a breach of the customer's obligation of confidentiality klant
o which is made public by the customer on the basis of a legal duty
5. The obligation of confidentiality laid down in this Article shall apply for the duration of the underlying agreement and for a period of 3 years after the expiry of.
1. If the other Party violates the article of these terms and conditions concerning confidentiality or intellectual property, he shall forfeit an immediate penalty for any infringement on behalf of a commercial name. .
· if the partyndere is a consumer, this fine is € 1,000
· if the other party is a legal entity, this fine is € 5,000
2. In addition, the other Party shall forfeit an amount of an amount of 5% of the amount referred to in paragraph 1 for each day that the infringement urtcontinues.
3. The adjustment of this fine shall not require prior default or legal proceedings. Nor does there need to be any form of damage..
4. The eerste forfeiting of the fine referred to in paragraph 1 of this Article shall not pay anydamage to the other rights of Global Property Cowboys, including his right to claim damages in addition to the fine. .
The customer exempts Global Property Cowboys from all third-party claims related to productsand/or services provided by Global Pr operty Cowboys.
1. The customer should examine a product or service provided by Global Property Cowboys as verleende soon spoedig as possible for any deficiencies..
2. If a product delivered or service is not complied with what the customer could reasonably expectfrom the contract, the customer must informGlobal Property Cowboys as hoogte soon as possible, but at least within 1 month of the finding of the deficiencies..
3. te Consumers should notifyGlobal Property Cowboys no later than 2 months after the deficiencies have been identified .
4. The customer gives the most detailed description of the shortfallas possible, so that Global Property Cowboys is able to respond adequately to this. .
5. The customer must demonstrate that the complaint relates to an agreement between the parties..
6. leiden In any event, if a complaint relates to ongoing work, this cannot lead to Global Property Cowboys being held to carry out other activities than agreed. .
7. If the customer is aan dissatisfied with the service of Global Property Cowboys, the customer will inform Global Property Cowboys as soon as possible and parties will try to come up with an informal solution. .
8. Where the route referred to in paragraph 1 does not lead to a sufficient solution, the customer may lodge a complaint with the Disputes Committee..
1. The customer must make any defaults known in writing to Global Property Cowboys.
2. It is the klant customer's responsibility that a default global property cowboys ook actually achieve. (timely).
Customer's roll-call liability
If Global Property Cowboys enter into an agreement with multiple customers, each of them will be jointly and severally liable for the full amounts grond they owe to Global Property Cowboys under that agreement. .
Liability Global Property Cowboys
1. Global Property Cowboys is solely liable for any damage suffered by the customer if and to the extent that that damage is caused by intentional or deliberate recklessness..
2. If Global Property Cowboys is liable for any damages, it is liable only for direct damage seen as a result of or related to the performance of an agreement..
3. Global Property Cowboys is never liable for indirect damages, such as consequentialdamages, lost profits, missed savings of damage to third parties.
4. If Globalberoeps) Property Cowboys is liable, this liability shall be limited to the amount paid by a closed professionalliability insurance and, in the absence of afull payment by a company of damages, liability shall be limited to the (partgedeelte of) invoice amount to which liability aansprakelijkheid relates . ingsmaatschappij
5. All images, photographs, kleurencolours, drawings, descriptions on the website or in a catalogue are only indicative and are only approximate and cannot be subject to compensation and/or(partial) dissolution of the /of ( agreement and/or suspension of any obligation..
any case, any right of the customer to compensation from Global Property Cowboys expires 12 months after the event from which aansprakelijkheid liability arises directly or indirectly . This does not exclude the provisions of Article 6:89 of the Civil Code..
Right to dissolution
1. tekortkoming The customer has the right to terminate the agreement if Global Property Cowboys toerekenbaar fails to fulfil its et obligations, unless, in view of its special nature or minor significance, justifiesthe dissolution of thecontract.
2. If global property cowboys' obligations are not permanently or temporarily impossible, dissolution can only take place after Global Property Cowboys are in default.
3. Global Property Cowboys has the right to terminate the agreementeenkomst with the customer , if the customer does not fully or in good time fulfil their obligations under the agreement, or if Global Property Cowboys has taken note of circumstances that give him good ground to fear that the klant will not be able to properly fulfil its obligations .
1. kan In iet addition to the provisions of Article 6:75 Civil onafhankelijke Code, a failure of Global Property Cowboys in the fulfilment of any obligation to the customer to Global Property Cowboys can be attributed to any of the likes of Global Property Cowboys, thereby preventing the fulfilment of its obligations to the customer in whole or in part or preventing the nakof its obligations in reasonablenessheid from Global Property Cowboys. .
2. The force majeure situation referred to in paragraph 1 also includes - but not exclusively - a state of emergency (suchas civilwar, uprising, riots, natural disasters,etc.); misperformance and force majeure of suppliers, delivery drivers or other third parties;; unexpected electricity, electricity- internet, computer and telecom failures;; computerviruses, strikes, government measures, unforeseen transport problems, bad conditions and work stoppages..
3. If there is a force majeure situation er that prevents Global Property Cowboys from fulfilling 1 or more obligations to the customer, those obligations will be suspended until Global Property Cowboys can comply with them. r
4. From the moment a force majeure situation has lasted at least 30 calendar days, both parties may terminate the agreement in writing in whole or in part .
5. schade)In a force majeure situation, global property cowboys do not owe any compensation , even if it enjoys any advantage as a result of the force majeure .
Amendment of the agreement
If, after the conclusion of the agreement for its implementation, it appears necessary uitvoering to amend or aan supplement its content, the Parties shall adjust the agreement accordingly in a timely manner and by mutual onderling agreement.
Change of terms and conditions
1. Global Property Cowboys is entitled to amend or supplement these terms and conditions. aan .
2. Changes of minor importance may be implementedat any time. .
3. Major substantive changes will discuss Global Property Cowboys with the customer as much as possible in advance. .
4. Consumers are entitled to terminatethe agreement in the case of a substantial change in the algemene conditions .
Transition of rights
1. Customer rights klant from an agreement between parties cannot be transferred to third parties without the prior written consent of Global Property Cowboys.
2. This procedurealing shall be subject to a condition of goods law as referred to in article 3:83(2) of the Civil Code..
Consequences nullity or destructibility
1. Where one or more provisions of these terms and conditions arejken null or void, this does not affect the other provisions of those conditions. .
2. In voor that dichtst buurt case, a provision that is null or void is wordt replaced by a provision closest to what Global Property Cowboys envisioned when drafting the conditions at that point.
Applicable law and competent court
1. Only Dutch law shall uitsluitend apply to any agreement between the Parties. .
2. The Dutch court in the district where Global Property Cowboys is located/ holds practice/holds office is praktijk exclusively competent to take note of any disputes between the parties, unless the law requires compelling otherwise. .
Drawn up on 02 May 2020.