Terms and Conditions

Article 1 – Definitions

  1. Cost Savings: Cost Savings B.V., located in Montfoort, CoC number 93299192.
  2. Customer: the person with whom Cost Savings has entered into an agreement.
  3. Parties: Cost Savings and the Customer together.
  4. Consumer: a Customer who is also an individual and acts as a private person.

Article 2 – Applicability 

  1. These terms and conditions apply to all quotes, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of Cost Savings.
  2. Cost Savings and the Customer can only deviate from these terms and conditions if agreed upon in writing.
  3. Cost Savings and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or any third parties.

Article 3 – Offers and Quotations

  1. Offers and quotations from Cost Savings are non-binding, unless explicitly stated otherwise.
  2. An offer or quotation is valid for a maximum of 3 months, unless a different period is specified in the offer or quotation.
  3. If the Customer does not accept an offer or quotation within the applicable period, the offer or quotation will expire.
  4. Offers and quotations do not apply to repeat orders, unless Cost Savings and the Customer explicitly agree to this in writing.

Article 4 – Acceptance 

  1. Upon acceptance of a non-binding offer or quotation, Cost Savings may still withdraw the offer or quotation within 3 days after receiving the acceptance, without the Customer deriving any rights from it. 
  2. Oral acceptance by the Customer only binds Cost Savings after the Customer has confirmed it in writing or electronically.

 Article 5 - Pricing

  1. Cost Savings applies prices in euros, excluding VAT and any additional costs such as administrative fees, levies, and travel, shipping, or transport costs, unless otherwise agreed upon in writing.
  2. Cost Savings is always entitled to adjust the prices of its services and products on its website and in other communications.
  3. Cost Savings offers services on a no cure, no pay basis. 
  4. In the case of no cure, no pay, the Customer's payment obligation arises at the moment the agreed-upon result is achieved.

Article 6 – Payments and Payment Terms

  1. Cost Savings may require a down payment of up to 50% of the agreed amount at the time the agreement is entered into. 
  2. The Customer must complete payment within 1 month after delivery.
  3. The payment terms applied by Cost Savings are strict deadlines. This means that if the Customer does not pay the agreed amount by the last day of the payment term, they are automatically in default and considered to be in breach, without Cost Savings needing to send a reminder or declare the Customer in default. 
  4. Cost Savings may make a delivery contingent upon immediate payment or require a security deposit for the full amount of the services or products.

Article 7 – Consequences of Late Payment 

  1. If the Customer does not pay within the agreed term, Cost Savings may charge statutory interest per month for commercial transactions starting from the day the Customer is in default, with a portion of a month being calculated as a full month.
  2. When the Customer is in default, they must also pay extrajudicial collection costs and any applicable damages to Cost Savings. 
  3. The collection costs are calculated based on the Decree on Compensation for Extrajudicial Collection Costs. 
  4. If the Customer does not pay on time, Cost Savings may suspend its obligations until the Customer has fulfilled their payment. 
  5. In the event of liquidation, bankruptcy, seizure, or suspension of payment on the part of the Customer, the claims of Cost Savings against the Customer become immediately due and payable. 
  6. If the Customer refuses to cooperate in the execution of the agreement by Cost Savings, they are still obligated to pay the agreed-upon price.

 

Article 8 – Right of Suspension

  1. The Customer hereby waives the right to suspend the fulfillment of any obligation arising from this agreement.

Article 9 – Offsetting

  1. The Customer waives their right to offset a debt to Cost Savings against a claim on Cost Savings. 

Article 10 – Insurance

  1. The Customer must adequately insure and keep insured the following items against risks such as fire, explosion, water damage, and theft:
    • items delivered that are essential for the execution of the underlying agreement.
    • items belonging to Cost Savings that are present at the Customer's location.
    • items delivered under retention of title.
  1. The Customer shall provide the insurance policy for these coverages for inspection at the first request of Cost Savings.

 

Article 11  – Withdrawal of Assignment

  1. The principal is free to terminate the assignment with the service provider at any time.
  2. Wanneer opdrachtgever de opdracht intrekt, is opdrachtgever verplicht de verschuldigde vergoeding en de gemaakte onkosten van dienstverlener te betalen.

Article 12  – Duty to Complain 

  1. The principal is required to immediately report complaints about the performed work in writing to the service provider. The complaint must contain a description of the shortcoming that is as detailed as possible, so that the service provider is able to respond adequately.
  2. A complaint cannot, under any circumstances, result in the service provider being obligated to perform tasks other than those agreed upon.

Article 13 – Warranty

  1. When the Customer and Cost Savings enter into an agreement of a service-providing nature, it entails only a best-efforts obligation for Cost Savings and not an obligation to achieve a specific result.

Article 14 – Execution of the Agreement 

  1. Cost Savings executes the agreement to the best of its knowledge and abilities and in accordance with the standards of good workmanship. 
  2. Cost Savings is permitted to have the agreed-upon services carried out in whole or in part by third parties.
  3. The execution of the agreement takes place in consultation and after written approval and payment of any advance by the Customer. 
  4. The Customer must ensure that Cost Savings can commence the execution of the agreement on time.
  5. If the Customer does not ensure that Cost Savings can start on time, any additional costs resulting from this delay will be borne by the Customer.

Article 15 – Provision of Information by the Customer 

  1. The Customer must provide all information, data, and documents relevant for the correct execution of the agreement to Cost Savings in a timely manner and in the required form and manner.
  2. The Customer guarantees the accuracy and completeness of the provided information, data, and documents, even if they originate from third parties, unless the nature of the agreement dictates otherwise. 
  3. When and to the extent the Customer requests it, Cost Savings will return the relevant documents. 
  4. If the Customer fails to provide the information, data, or documents reasonably requested by Cost Savings, or does not provide them in a timely or proper manner, causing delays in the execution of the agreement, any resulting additional costs and extra hours will be borne by the Customer.

Article 16 – Duration of the Agreement dienst 

  1. The agreement between Cost Savings and the Customer regarding a service or services is entered into for an indefinite period, unless the nature of the agreement dictates otherwise or a different arrangement is agreed upon.
  2. When the Customer enters into an agreement for a fixed period, it will be tacitly converted into an agreement for an indefinite period upon the expiry of the term, unless one of the parties terminates the agreement by observing a notice period of 3 months, or a consumer terminates the agreement by observing a notice period of 1 month, thereby automatically ending the agreement.

Article 17 – Termination of Indefinite Service 

  1. The Customer may terminate an agreement for a service of indefinite duration by giving a notice period of 3 months.
  2. A consumer may terminate an agreement for a service of indefinite duration by giving a notice period of 1 month.

Article 18 – Intellectual Property 

  1. Cost Savings retains all intellectual property rights to all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, and mock-ups, unless otherwise agreed upon. 
  2. The Customer may not disclose, make available, or use the intellectual property rights mentioned in paragraph 1 in any way without prior written consent from Cost Savings.

Article 19 – Confidentiality 

  1. The Customer must keep all information, in any form, received from Cost Savings confidential.
  2. The same applies to all other information related to Cost Savings that the Customer knows or can reasonably suspect to be secret or confidential, or information that could reasonably be expected to cause harm to Cost Savings if disclosed.
  3. The Customer shall take all necessary measures to ensure the confidentiality of the information mentioned in paragraphs 1 and 2. 
  4. The confidentiality obligation described in this article does not apply to information:
    • that was already public before the Customer became aware of this information, or that later became public without it being the result of a breach of the Customer's confidentiality obligation.
    • that is disclosed by the Customer due to a legal obligation. 
  5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its termination.

Article 20 – Penalty Clause

  1. If the Customer breaches the article on confidentiality or intellectual property, they must pay Cost Savings an immediately payable penalty for each violation.
  2. If the Customer is a consumer, the penalty mentioned in paragraph 1 amounts to €25.000,-.
  3. If the Customer is not a consumer, the penalty mentioned in paragraph 1 amounts to €100.000,-.
  4. Additionally, the Customer must pay an amount equal to 5% of the applicable amount mentioned in paragraph 2 or 3 for each day that the violation continues.
  5. The Customer must pay the penalty mentioned in paragraph 1 without the need for a notice of default or legal proceedings. Furthermore, no actual damage is required for the penalty to be imposed. 
  6. Cost Savings may, in addition to the penalty mentioned in paragraph 1, also claim compensation for damages from the Customer.

Article 21 – Indemnification

  1. The Customer indemnifies Cost Savings against all claims from third parties related to the products and/or services delivered by Cost Savings. 

Article 22 – Complaints

  1. The Customer must inspect a product delivered or service provided by Cost Savings as soon as possible for any defects.
  2. If a delivered product or service provided does not meet what the Customer could reasonably expect, the Customer must notify Cost Savings within 1 month of identifying the defect. 
  3. A consumer must notify Cost Savings no later than 2 months after identifying the defect.
  4. The Customer must provide as detailed a description of the defect as possible so that Cost Savings can respond appropriately. 
  5. The Customer must demonstrate that the complaint pertains to an agreement between the Customer and Cost Savings.
  6. If a complaint concerns ongoing work, the Customer cannot demand that Cost Savings perform tasks other than those agreed upon.

Article 23 – Notice of Default

  1. The Customer must submit any notice of default to Cost Savings in writing.
  2. The Customer is responsible for ensuring that their notice of default reaches Cost Savings in a timely manner. 

Article 24 – Liability of the Customer

  1. When Cost Savings enters into an agreement with multiple Customers, each of them is jointly and severally liable for fulfilling the obligations outlined in that agreement. 

Article 25 – Liability Cost Savings

  1. Cost Savings is only liable for damages suffered by the Customer if such damages are caused by intent or willful recklessness.
  2. When Cost Savings is liable for damages, this applies only to direct damages related to the performance of the underlying agreement.
  3. Cost Savings is not liable for indirect damages, such as consequential damages, lost profits, or damages to third parties.
  4. When Cost Savings is liable, this liability is limited to the amount paid out under a concluded (professional) liability insurance. If no insurance is in place or no damages are paid out, the liability is limited to the (portion of the) invoice amount to which the liability pertains.
  5. All images, photos, colors, drawings, and descriptions on the website or in a catalog are for indicative purposes only and cannot result in any compensation, termination, or suspension. 

Article 26 – Expiry Term

  1. Any right of the Customer to claim damages from Cost Savings expires 12 months after the event that directly or indirectly caused the liability. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Article 27 – Termination

  1. The Customer may rescind the agreement if Cost Savings is culpably failing to fulfill its obligations, unless this failure does not justify the termination due to its special nature or minor significance. 
  2. If the fulfillment of obligations by Cost Savings is still possible, termination can only occur after Cost Savings is in default. 
  3. Cost Savings may rescind the agreement with the Customer if the Customer does not fully or timely fulfill their obligations under the agreement, or if Cost Savings becomes aware of circumstances that provide good reason to believe the Customer will not fulfill their obligations. 

Article 28 – Force Majeure

  1. In addition to Article 6:75 of the Dutch Civil Code, a failure by Cost Savings cannot be attributed to Cost Savings by the Customer when there is a situation of force majeure. 
  2. The force majeure situation mentioned in paragraph 1 includes, but is not limited to:
    – an emergency situation such as a civil war or natural disaster
    – non-performance or force majeure of suppliers, deliverers, or others
    – power, electricity, internet, computer, or telecom outages
    – computer viruses
    – strikes
    – government measures
    – transportation issues
    – adverse weather conditions
    – work interruptions
  3. When a force majeure situation arises that prevents Cost Savings from fulfilling one or more obligations to the Customer, those obligations will be suspended until Cost Savings is able to fulfill them. 
  4. From the moment a force majeure situation has lasted at least 30 calendar days, both the Customer and Cost Savings may rescind the agreement, in whole or in part, in writing. 
  5. Cost Savings is not required to pay compensation to the Customer in a force majeure situation, even if Cost Savings benefits from it. 

Article 29 – Amendment of the Agreement 

  1. If necessary for the execution of the agreement, the Customer and Cost Savings may amend the agreement. 

Article 30 – Amendment of Terms and Conditions

  1. Cost Savings reserves the right to amend these terms and conditions. 
  2. Cost Savings may always implement minor amendments. 
  3. Cost Savings will discuss significant amendments with the Customer in advance as much as possible.
  4. A consumer may terminate the underlying agreement in case of a significant amendment to the terms and conditions. 

Article 31 – Transfer of Rights

  1. The Customer cannot transfer any rights from an agreement with Cost Savings to others without prior written consent from Cost Savings. 
  2. This provision constitutes a clause with real property law effect as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code. 

Article 32 – Consequences of Nullity or Voidability

  1. If one or more provisions of these terms and conditions are found to be null or voidable, this does not affect the validity of the other provisions of these terms and conditions. 
  2. A provision that is null or voidable will, in that case, be replaced by a provision that most closely aligns with what Cost Savings intended at the time of drafting these terms and conditions.

Article 33 – Applicable Law and Competent Court

  1. These terms and conditions are governed by Dutch law. 
  2. The court in the district where Cost Savings is established has exclusive jurisdiction to handle any disputes between the Customer and Cost Savings, unless otherwise provided by law.


Drafted on March 13, 2024.