Article 1 Definitions and scope of application
1.1 In these General Terms and Conditions, the conditions given have the meaning which is given after them:
T.A.P.O.: The business T.A.P.O., with its registered office at (4847 SJ) Teteringen on Laanzichtweg 60 and known to the Chamber of Commerce under registration number 70237824, also trading under the name “fredsdiyplans”.
The Other Party: The natural person or legal entity to whom T.A.P.O. has committed itself or with whom T.A.P.O. is negotiating with about the sale and delivery of items, the rendering of services or execution of any other performance, online or otherwise;
The Parties: T.A.P.O. and the Other Party.
1.2 These Terms and Conditions apply to every offer and every agreement between T.A.P.O. and the Other Party to which T.A.P.O has declared these Terms and Conditions applicable, insofar the Parties do not explicitly deviate, in writing, from these Terms and Conditions.
1.3 These Terms and Conditions also apply to all agreements with T.A.P.O. for which T.A.P.O. calls in third parties for the execution.
1.4 The applicability of the Other Party’s purchasing conditions or other conditions is explicitly rejected.
1.5 If one or several provisions in these General Terms and Conditions are fully or partially void or nullified at any time, the remainder of these General Terms and Conditions of the provisions of these General Terms and Conditions remain fully effective. T.A.P.O. and the Other Party shall, in such an event, negotiate about new provisions to replace the void or nullified provisions, whereby the purpose and meaning of the original provisions shall be observed as much as possible.
1.6 If any lack of clarity arises about the interpretation of one or more provisions of these General Terms and Conditions, it should be interpreted “according to the spirit of these provisions”.
1.7 Should a situation arise between the Parties for which these General Terms and Conditions do not provide, the situation should be judged “according to the spirit of these General Terms and Conditions”.
Article 2 Distance purchase
2.1 If the agreement is concluded at a distance, the text of these General Terms and Conditions will be made available to the Other Party. If that is not reasonably possible, it will be stated, before the distance agreement is concluded, that the General Terms and Conditions are available at T.A.P.O. and that they will be sent as quickly as possible and free of charge at the Other Party’s request.
2.2 If the distance agreement is concluded by electronic means, as a departure from the previous paragraph and prior to the conclusion of the distance agreement, the text of these General Terms and Conditions may be made available to the Other Party by electronic means so that accordingly the Other Party can easily store them on a long-term data carrier. If that is not reasonably possible, it will be stated, before the distance agreement is concluded, where the General Terms and Conditions can be read by electronic means and that they will be sent electronically by other means at the Other Party’s request.
Article 3 offers and cancellation of subscriptions
3.1 All T.A.P.O.’s offers are subject to contract unless a term for acceptance was specified in the offer. An offer shall lapse if the product or service to which the offer applies has become unavailable in the meantime.
3.2 T.A.P.O. cannot be bound to T.A.P.O.’s offers if the Other Party should have reasonably understood that the offers, or part of those offers, contain an evident error or misprint.
3.3 T.A.P.O. cannot be held liable for errors or finishes in images or drawings or in size and weight specifications stated in the brochures and in offers and/or order confirmations, unless it has been laid down in writing that they are an integral part of the agreement.
3.4 Images, drawings, calculations and descriptions, etc. made available by T.A.P.O remain the property of T.A.P.O. The Other Party guarantees that those details are not used for any other purpose than for the mutual agreement between the Parties.
3.5 If T.A.P.O. enters into an agreement with two or more persons, or, as the case may be, with legal entities, each of those persons or legal entities are jointly and severally liable for the full fulfilment of their obligations arising from the agreement.
3.6 Despite the great care with which T.A.P.O.’s website and other (communications sent by) emails are composed, T.A.P.O. cannot be held liable for erroneous details or prices. This does not create any obligations for T.A.P.O. towards the Other Party.
3.7 If the agreement is concluded as a subscription, the subscription may be cancelled in writing with due observance of a notice period of one month. Cancellation is only permitted towards the end of each month. Agreements may be cancelled by sending an email addressed to T.A.P.O., to the email address provided by T.A.P.O. on the contact page of T.A.P.O.’s website.
Article 4 The price
4.1 The prices stated in a quotation or offer do not include VAT or any other governmental levies or any costs to be made within the context of the agreement, including travel and subsistence expenses, shipping and administration costs, unless otherwise agreed.
4.2 Without prejudice to the general applicability of these clauses, the consequences of changes to import or export duties or other duties or taxes on the order confirmation and changes that occur to the Euro exchange rates against foreign currency are to be borne by the Other Party.
Article 5 Delivery and delivery periods
5.1 If a term has been arranged or stated for the completion of certain work or for the delivery of certain items, it is never a strict deadline. If a period is exceeded, the Other Party must send T.A.P.O. written notice of default to that effect. T.A.P.O. should be offered a reasonable period in which T.A.P.O. can as yet execute the agreement.
5.2 If a delivery period is exceeded, the Other Party does not have the right to cancel the order or to refuse to pay for the goods without due observance of the previous paragraph.
5.3 If T.A.P.O. requires information from the Other Party for the execution of the agreement, the period for the execution does not begin before the Other Party has supplied T.A.P.O. with the correct and complete information.
5.4 If the Parties have agreed that the payment shall be done in instalments and the first instalment is due when the order is placed, the delivery period will only begin after the receipt of that first payment.
5.5 The Other Party is obliged to take receipt of the items/goods on delivery. If the Other Party does not take receipt of the items to be delivered by T.A.P.O., the items will be stored at the expense and the risk of the Other Party, insofar applicable. The Other Party’s obligation to take receipt of items also, in this context, includes the availability of a useable and functioning email address, if the delivery is made online. The Other Party is always obliged to reimburse the costs of the aforementioned storage and the (additional) costs for shipment and administration incurred by T.A.P.O.
5.6 T.A.P.O. is entitled to charge extra hours worked if the delivery of goods/items is delayed due to circumstances beyond T.A.P.O.’s control.
5.7 T.A.P.O. is entitled to execute the agreement in several stages and to invoice the part executed accordingly separately.
5.8 If the Other Party is in default regarding the proper fulfilment of the obligations the Other Party has towards T.A.P.O., the Other Party is liable for all losses (including costs) incurred on the part of T.A.P.O., either directly or indirectly.
5.9 Goods shall be delivered to the first door on the ground floor of the receiving address.
Article 6 Transport
6.1 T.A.P.O. decides on the means of transport if the delivery is not made online by digital means. Impediments or temporary obstructions of the chosen means of transport do not oblige T.A.P.O. to use another means of transport.
6.2 Any damage that arises during transport must be described on the waybill and signed by the transport company immediately on delivery of the delivered items.
Article 7 Right of withdrawal regarding the delivery of products and services
7.1 The consumer, who is not acting in the course of his or her profession or business, has, on the purchase of the products, whether they are delivered by digital means or otherwise, the option, for a term of 14 days, of cancelling the agreement without stating the reasons. That term begins on the day of the receipt of the product by, or on behalf of, the consumer.
7.2 The consumer will handle the product and the packaging with care during that term. The consumer will only unwrap or use the product to the extent to which it is necessary to judge whether the consumer wishes to keep it. If the consumer exercises the consumer’s right of withdrawal, the consumer will return the product, with all the accessories delivered with it and in its original state and packaging – if it is reasonably possible – to T.A.P.O. in accordance with the reasonable and clear instructions supplied by the business. The above does not apply if the delivery was made by digital means.
7.3. If the services are supplied by digital means, such as construction drawings, the Other Party may not rely on the right of withdrawal if T.A.P.O. has already executed the performance. The Other Party agrees to accept these General Terms and Conditions on commencement of the fulfilment by T.A.P.O. With the Other Party’s acceptance of these General Terms and Conditions, the Other Party declares to waive the right to termination as soon as T.A.P.O. has fulfilled the agreement or T.A.P.O.’s obligations.
7.4 Exclusion of the right of withdrawal applies to the following situation for products:
- have been created by T.A.P.O. in accordance with the consumer’s specifications;
- that are clearly of a personal nature;
- that, due to their nature, cannot be returned;
- that decay or age rapidly;
- of which the price is influenced by fluctuations on the financial market over which the business has no control;
- for individual copies of newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal.
7.5 Exclusion from the right of withdrawal is only possible for services of which the delivery was begun, with the explicit consent of the Other Party, before then cooling-off period had expired.
7.6 If the agreement was concluded as a subscription, the right of withdrawal cannot be invoked as the performance, namely the furnishing of drawings, has already been executed.
7.7 The right of withdrawal as described in this Article does not apply to non-consumers, namely, for (legal) entities acting in the course of their profession or businesses.
Article 8 Costs in the event of a withdrawal
8.1. If the Other Party exercises the Other Party’s right of withdrawal, the costs of the return shipment will be charged to the Other Party.
8.2 T.A.P.O. shall reimburse all payments made by the Other Party without delay, but within 14 days following the day on which the Other Party reported the withdrawal to T.A.P.O. Unless T.A.P.O. offers to collect the product, T.A.P.O. may postpone the reimbursement until T.A.P.O. has received the product or until the Other Party has demonstrated that the product was returned, depending on which happens first. T.A.P.O. shall use the same means of payment for the reimbursement as the Other Party used, unless the Other Party agrees to another means. The reimbursement is without charge for the Other Party.
Article 9 Suspension, cancellation and early termination of the agreement
9.1 T.A.P.O. is entitled to suspend the fulfilment of the obligations or to terminate the agreement if:
– the Other Party fails to fulfil, fails partially to fulfil or fails to fulfil in due time, the obligations arising from the Agreement;
– after the Agreement has been concluded, T.A.P.O. is informed of circumstances that give good reason to fear that the Other Party will not fulfil the obligations;
– the Other Party was requested to provide security for the payment of the Other Party’s obligations when the agreement was concluded and the security is not forthcoming or is insufficient;
– in the event of liquidation, (application for) a moratorium or bankruptcy, attachment – if and insofar the attachment is not cancelled within three months – regarding the Other Party, debt management or other circumstances due to which the Other Party cannot freely dispose of the Other Party’s capital;
– if circumstances arise of such a nature that fulfilment of the agreement becomes impossible or if otherwise circumstances arise that are such a nature that the unaltered maintenance of the agreement cannot reasonably be required of T.A.P.O.
9.2 If the agreement is terminated, the claims T.A.P.O. has against the Other Party become immediately due and payable. If the termination can be attributed to the Other Party, T.A.P.O. is entitled to compensation for the loss incurred, including the costs, arising directly and indirectly from it and T.A.P.O. is not obliged to pay the Other Party any compensation for damage or losses. If T.A.P.O. suspends the fulfilment of T.A.P.O.’s obligations, T.A.P.O. retains T.A.P.O.’s right to claims arising from the law and the agreement.
9.3 If T.A.P.O. terminates the agreement early, T.A.P.O. shall, in agreement with the Other Party, arrange the transfer of the work that is still be executed to third parties, unless the termination can be attributed to the Other Party. If the transfer of the work involves addition costs for T.A.P.O., those costs will be charged to the Other Party. The Other Party is obliged to pay those costs within the term given for that payment, unless T.A.P.O. determines otherwise.
9.4 If the Other Party fully or partially cancels an order, the items that were ordered or prepared for that order, increased with any costs for the supply, disposal or delivery involved in it and the working hours reserved for the execution of the agreement, will be charged in full to the Other Party.
Article 10 Force Majeure
10.1 T.A.P.O. is not obliged to fulfil any obligation to the Other Party if T.A.P.O. is obstructed by circumstances that are not attributable to T.A.P.O.’s fault and cannot be charged to T.A.P.O. by virtue of the law, a legal act or according to generally accepted standards.
10.2 In these General Terms and Conditions, Force Majeure is understood to mean, in addition to what it means in law and case-law, all exterior causes, foreseen or unforeseen, which T.A.P.O. cannot control but due to which T.A.P.O. is not capable of fulfilling T.A.P.O.’s obligations. Force Majeure also includes work strikes at suppliers’ operations and disruptions of Internet traffic. T.A.P.O. also has the right to invoke Force Majeure if the circumstances that obstruct the (further) fulfilment of the agreement arise after T.A.P.O. was to have fulfilled T.A.P.O.’s obligations.
10.3 T.A.P.O. may suspend the obligations arising from the agreement for period in which the situation of Force Majeure lasts. If that period lasts longer than two months, both T.A.P.O. and the Other Party are entitled to terminate the agreement without being obliged to pay compensation for damage to the other Party.
10.4 Insofar T.A.P.O. had already partially fulfilled T.A.P.O.’s obligations arising from the agreement at the time the Force Majeure situation arose or will be able to fulfil them and the fulfilled part or part that can still be fulfilled respectively is accorded independent value, T.A.P.O. is entitled to invoice the fulfilled part or part that can still be fulfilled respectively separately. The Other Party is obliged to pay that invoice as if it were for a separate agreement.
Article 11 Payment
11.1 Insofar it has not been agreed otherwise, the sums owed by the Other Party should be paid before the product is shipped or the service is rendered.
11.2 Every agreement between the Parties is concluded under the condition precedent that the Other Party, based on information to be acquired by T.A.P.O., is sufficiently creditworthy.
11.3 T.A.P.O. is entitled to suspend the fulfilment of T.A.P.O.’s obligation during the execution of the agreement until the Other Party has provided surety, at T.A.P.O.’s request and to T.A.P.O.’s satisfaction, that the Other Party will fulfil all the Other Party’s obligations arising from the agreement.
11.4 Payment should be made with 14 days of the date on the invoice, without the right of setoff, by the means stated by T.A.P.O. and in the currency stated on the invoice, unless T.A.P.O. indicates otherwise in writing.
11.5 If the Other Party continues to fail to make the payment, the Other Party is default by operation of law. In that case, the Other Party will owe interest at a rate of 1.5% per month, unless the statutory commercial interest rate is higher, in which case the statutory commercial interest is due. The interest on the sum due will be calculated from the time the Other Party is in default until the time the full due sum is paid.
11.6 The full purchase price becomes, in all events, due and payable on the overdue payment of the agreed payment term on the day of that term expires, if the Other Party goes into liquidation or is declared bankrupt, petitions for a moratorium or is placed under guardianship, if any attachment is imposed on the item or on the Other Party’s claims and if the Other Party dies, is wound up or dissolved.
11.7 T.A.P.O. has the right to allow the payments made by the Other Party to firstly serve to reduce the costs, then to reduce the outstanding interest and finally to reduce the principal sum and current interest.
11.8 T.A.P.O. may, without falling into default for that reason, refuse an offer of payment if the Other Party indicates a different sequence for the allocation of the payment. T.A.P.O. may reject the full payment of the principal sum if the outstanding and current interest and collection costs are not paid at the same time.
11.9 The Other Party is never entitled to set off that which the Other Party owes to T.A.P.O.
11.10 If the Other Party is in default or fails to fulfil the Other Party’s obligations (in due time), all reasonable costs made for acquiring the payment out of court shall be borne by the Other Party. Extrajudicial costs amount to 15% of the principal sum, with a lower limit of € 100.00. Any incurred legal and enforcement costs will also be recovered from the Other Party. The Other Party also owes interest on the collection costs due.
Article 12 Retention of title
12.1 All items/goods that have been delivered and that are to be delivered remain the property exclusively of T.A.P.O. until all claims that T.A.P.O. has, or shall acquire, against the Other Party, including, in all events, the claim specified in Section 3:92, paragraph 2, of the Dutch Civil Code, have been paid in full.
12.2 As long as the ownership of the items has not been transferred to the Other Party, the Other Party may not pledge the items or grant a third party any right to them, except within the ordinary course of the Other Party’s business.
12.3 The Other Party is obliged, at T.A.P.O.’s first request, to cooperate with the attachment of the right of pledge to the claims the Other Party has, or will acquire, against the Other Party’s buyers by reason of the delivery of items.
12.4 The Other Party is obliged to store the items delivered under retention of title with due care and recognisably as the property of T.A.P.O.
12.5 T.A.P.O. is entitled to repossess the items delivered under retention of title that are present at the Other Party’s premises if the Other Party has been given notice of default of the Other Party’s payment obligations or has difficulty paying or is at risk of having difficulty paying. The Other Party shall always allow T.A.P.O. free access to the Other Party’s grounds or buildings for inspection of the items and/or to exercise T.A.P.O.’s rights.
Article 13 Complaints/inspection
13.1 T.A.P.O. supplies a sound product. Nonetheless, the Other Party is obliged to examine the delivered items (or have them examined), as soon as the items are put at the Other Party’s disposal or the work in question has been executed respectively. That examination by the Other Party includes checking whether the quality and the quantity of the delivered items matches the quality and quantity agreed and complies with the standards that the Parties had agreed on in that regard. Any visible faults should be reported to T.A.P.O. in writing within 7 days of delivery. Any faults that are not visible should be reported to T.A.P.O. in writing immediately, at least within 14 days at the latest of their discovery. The report should contain a description of the fault that is as detailed as possible so that T.A.P.O. can respond adequately. The Other Party should allow T.A.P.O. the opportunity to investigate (or commission an investigation) of the complaint.
13.2 If the complaint concerns a fault arising from damage incurred during transport, a copy of the waybill with a record of the damage that incurred during the transport must be submitted (please see Article 6.2).
13.3 If the Other Party submits a complaint in due time, it will not suspend the Other Party’s payment obligations. In that event, the Other Party will still remain obliged to purchase and pay for the ordered items.
13.4 If a fault is reported later than the term given in these General Terms and Conditions, the Other Party shall not be entitled to repairs, replacement or compensation for damages.
13.5 If it has been established that an item is faulty and the fault was reported in due time, T.A.P.O. shall replace or arrange the repair the faulty item or pay the Other Party a compensation for replacement – to be decided at T.A.P.O.’s discretion – within a reasonable term after its receipt when returned to T.A.P.O., or if returning the item is not reasonably possible, after receipt of a written notice of the fault from the Other Party. If the item is replaced, the Other Party is obliged to return the item that is to be replaced to T.A.P.O. and to furnish T.A.P.O. with its ownership unless T.A.P.O. instructs otherwise.
13.6 If it is established that a complaint was unfounded, the costs arising from it, including the inspection costs that T.A.P.O. has incurred, will be fully charged to the Other Party.
13.7 Slight deviations, deviations that are usual in the trade or deviations that are technically unavoidable and differences of quality, colour, seam or finishing are not reasons for complaints.
Article 14 The guarantee
14.1 The items to be delivered by T.A.P.O. comply with the usual requirements and standards that may reasonably be set for them at the time of their delivery and the purpose for which they are intended within normal usage in the Netherlands. The guarantee specified in this Article applies to items for usage within the Netherlands.
14.2 Insofar there is a manufacturer’s guarantee on the products supplied, T.A.P.O. shall assist the Other Party to exercise the Other Party’s rights covered by the guarantee. An independent guarantee obligation given by T.A.P.O. to the Other Party is only valid if that guarantee has been expressly agreed in writing. If an independent guarantee is given, the guarantee is valid for six months.
14.3 When the guarantee period expires, every obligation to indemnify, every liability and other obligation T.A.P.O. has towards the Other Party shall lapse.
14.4 Every type of guarantee shall lapse if a fault occurred due to, or arising from, incompetent or wrongful use of the item, incorrect storage or incorrect maintenance work done on the item by the Other Party and/or third parties, if, without T.A.P.O.’s written consent, the Other Party or third parties have made changes to the item or attempted to make changes, other items were attached to the item that should not be attached to it or if the items were treated or processed in a way other than prescribed. The Other Party cannot make a claim on the guarantee either if the fault occurred due to, or as a result of, circumstances beyond T.A.P.O.’s control, including the weather (such as, but not limited to, extreme rainfall or extreme temperatures), etc.
14.5 After the guarantee period has expired, all costs for the repair or replacement, including administrative costs, shipping costs and call-out charges will be charged to the Other Party.
14.6 As a departure from the statutory time limits, the time limit on all claims and cases against T.A.P.O. and third parties called in by T.A.P.O. for the execution of the Agreement is one year.
Article 15 Liability
15.1 If T.A.P.O. can be held liable, that liability is always limited to the arrangements of this provision.
15.2 T.A.P.O. cannot be held liable for damage of any nature caused because T.A.P.O. based the work on incorrect and/or incomplete information supplied by, or on behalf of, the Other Party.
15.3 If T.A.P.O. can be held liable for any kind of damage, T.A.P.O.’s liability is always be limited to no more than the invoice amount for the order, at least that part of the order to which the liability is related.
15.4 T.A.P.O.’s liability is, in all events, always limited to the sum paid out by T.A.P.O.’s insurance company for a particular case.
15.5 T.A.P.O. can only be held liable for direct damage.
15.6 Direct damage is understood to mean the reasonable costs involved in establishing the cause and the scope of the damage, insofar the establishment pertains to damage within the meaning of these Terms and Conditions, any reasonable costs made to adapt T.A.P.O.’s faulty performance to the agreement insofar that faulty performance can be attributed to T.A.P.O. and reasonable costs incurred to prevent or limit damage insofar the Other Party demonstrates that those costs have to led to limiting direct damage specified in these General Terms and Conditions. T.A.P.O. can never be held liable for indirect loss, including consequential loss, lost turnover, lost savings and loss incurred following business interruption.
15.7 Advice and/or assistance of any nature given by T.A.P.O. to the Other Party, whether requested or unsolicited, can never lead to T.A.P.O. being held liable for anything.
15.8 T.A.P.O. can never be held liable for the infringement of a patent, licence or other rights belonging to third parties as a result of the use of information supplied by the Other Party. The Other Party is obliged to reimburse T.A.P.O. for all costs or damage that might arise in connection with this matter and shall indemnify T.A.P.O. in this regard.
15.9 The limitations of the liability included in this Article do not apply if the damage is attributable to wilful conduct or gross negligence on the part of T.A.P.O. or T.A.P.O.’s executive employees.
Article 16 The transfer of risks
16.1 The risk of loss, damage or loss of value is transferred to the Other Party when the items are put under the control of the Other Party.
Article 17 Prohibition on publication
17.1 Nothing of the construction drawings downloaded by the Other Party may be reproduced, stored in an automated data file and/or made public in any form or in any way, whether by electronic means, mechanical means, by photocopying, recording or in any other manner, without T.A.P.O.’s prior written consent.
17.2 All intellectual property rights to the products and/or services and to the designs, programs, documentation and all other material developed and/or used for the preparation or execution of the agreement between T.A.P.O. and the Other Party or that arise from it are vested only in T.A.P.O. or T.A.P.O.’s suppliers.
17.3 The delivery of products and/or services does not include any transfer of the intellectual property rights.
17.4 The Other Party shall only acquire a non-exclusive and non-transferable user right to the use of the products and the results of the services for the agreed purposes. The Other Party shall, for such use, adhere stringently to the conditions laid down in the General Terms and Conditions or otherwise imposed on the Other Party.
17.5 The Other Party shall not publish, reproduce or disclose to a third party the products and results of services in any way, either partially or fully, without T.A.P.O.’s prior written consent.
17.6 The Other Party shall not change or remove the indications supplied by T.A.P.O. or T.A.P.O.’s suppliers regarding copyrights, brands, trade names or other intellectual property rights.
17.7 Should T.A.P.O. discover that the Other Party has made the drawings available to, or shared them with, others in breach of this paragraph and without T.A.P.O.’s written consent, the Other Party shall incur a penalty of € 5,000.00 per breach (read: per drawing) and € 500.00 for every day the breach continues to paid directly to T.A.P.O. All this does not impair T.A.P.O.’s right to claim full compensation for damages.
Article 18 Personal details
18.1 T.A.P.O. observes the statutory regulations pertaining to the protection of personal information as laid down in the Personal Data Protection Act. If the Other Party wishes to inspect, correct or remove the Other Party’s personal details, the Other Party may contact T.A.P.O. for this purpose. T.A.P.O. shall give the Other Party the desired information and, if the Other Party so wishes, T.A.P.O. shall adjust the details about the Other Party.
18.2 The details provided by the Other Party are used by T.A.P.O. to process the agreement and for other commercial purposes. The details are incorporated into a file that T.A.P.O. may make available to third parties for sales purposes. The Other Party grants permission to use these details by declaring the Other Party’s acceptance of these General Terms and Conditions.
Article 19 The complaints procedure
19.1 T.A.P.O. has a complaints procedure that is sufficiently publicised and shall handle the complaint in accordance with that complaints procedure.
19.2 Complaints about the execution of the agreement should be submitted to T.A.P.O. in due time, with a complete and explicit description, once the Other Party discovered the faults.
19.3 Complaints submitted to T.A.P.O. will be answered within a period of 14 days, counted from the date of their receipt. If a complaint requires a foreseeable longer processing time, T.A.P.O. will respond, within 14 days, with a message confirming the receipt and an indication of when the Other Party may expect a more expansive answer.
19.4 If the complaint cannot be remedied in agreement, a dispute shall arise that qualifies for the disputes procedure.
Article 20 Disputes
20.1 All quotations, transactions and agreements concluded by T.A.P.O. with the Other Party are governed exclusively by Dutch law insofar nothing else has been decided in these Terms and Conditions. The applicability of the Vienna Sales Convention is excluded.
20.2 If T.A.P.O. permits departures from these Terms and Condition, in the short or long term, implicitly or otherwise, that permission does not impair T.A.P.O.’s right to demand immediate and stringent observance of these Terms and Conditions as yet. The Other Party is never entitled to exercise any right on the grounds that T.A.P.O. has been lenient in the application of these Terms and Conditions.
20.3 All disputes pertaining to and/or arising from these General Terms and Conditions and/or agreements to which these General Terms and Conditions apply shall in general be adjudicated by the competent court of T.A.P.O.’s judicial district, but T.A.P.O. retains the right to bring any disputes to the court of the district in which the Other Party has its registered office or domicile.
20.4 The Other Party can also report complaints via the European ODR platform (http://ec.europa.eu/odr), if the Other Party is a consumer.
20.5 A complaint does not suspend the Other Party’s obligations unless T.A.P.O. indicates otherwise in writing.
Article 21 Amendments to the Terms and Conditions
21.1 The most recently filed version or, as the case may be, the version that was current at the time the legal relationships were formed with T.A.P.O. applies.
21.2 The Dutch texts of these General Terms and Conditions is always decisive for their interpretation.
21.3 T.A.P.O. is entitled to make amendments to these Terms and Conditions. Those amendments will enter into force as of the announced date of their entry into force. T.A.P.O. will send the amended terms and conditions to the Other Party in due time. If no date for the entry into force, the amendments related to the Other Party come into force as soon as the Other Party has been notified of the amendment.