Terms and conditions

These are the terms and conditions of Best Brands Support. The address of Best Brands Support is Burgemeester Pankenstraat 17, 5731 LW Mierlo, The Netherlands, with the Chamber of Commerce number 77601017.

If you have any questions about these terms and conditions, please contact us at info@bestbrands.eu or by post: Best Brands Support, Burgemeester Pankenstraat 17, 5731 LW Mierlo, The Netherlands.

We have the right to change these terms and conditions. You agree that the latest version of this general terms and conditions will apply to the assignment. Agreements that deviate from these general terms and conditions are only valid if recorded in writing.

Finally, the Dutch Terms and Conditions always have precedence over any other translation of these Terms and Conditions.

Article 1 - Services

Our services consist of web design, programming, support, etc.

Article 2 - Application of General Terms and Conditions

These general terms and conditions apply to every offer, quotation and assignment between Best Brands Support and you (the "Client"). We will send these general terms and conditions to you free of charge upon request. The terms and conditions are also available on bestbrands.eu.

Article 3 - Conclusion of the assignment

The assignment is concluded at the moment that the Client receives the signed agreement.

Article 4 - Quotations and offers

All offers and quotations made by Best Brands Support are without obligation, unless otherwise agreed. An offer in a quotation only applies to the specific underlying assignment (and not to any future assignments).

If the Client provides Best Brands Support with data, Best Brands Support may assume that these are correct and will base its quotation on this.

Article 5 - Price

  1. Best Brands Support may increase the price for the service in the interim if unforeseen and cost-increasing circumstances occur after the assignment has been concluded.
  2. If Best Brands Support is forced to increase the price due to the circumstances mentioned in the previous article, the Client has the right to cancel the assignment. Costs or hours already incurred will be charged. In such cases, the Client is not entitled to compensation or damages.
  3. The price is exclusive of any expenses of Best Brands Support and exclusive of VAT and other government levies.

Article 6 - Payment and collection costs

  1. The client must always pay within fourteen days of the invoice date. Best Brands Support will invoice monthly.
  2. If the Client does not pay the invoice on time, it is legally in default. The client then owes the statutory interest (if he is a consumer), or the statutory commercial interest (if he is a company) plus 1%. The interest on the amount due is calculated from the moment that the Client is in default until the moment of payment of the full amount owed.
  3. The full claim of Best Brands Support against the Client is immediately due and payable if:
    1. Client exceeds a payment term;
    2. Client has been declared bankrupt or has been granted a moratorium;
    3. Client (company) is dissolved or liquidated;
    4. Client (natural person) is placed under guardianship or dies.
  4. If the client does not pay on time, he is immediately in default. He will then owe Best Brands Support all extrajudicial collection costs. For an invoice amount up to €267, these costs will be €40. With a higher invoice amount, the maximum collection costs are as follows:
    1. 15% on the first €2500;
    2. 10% on the part that remains after that, up to €5000;
    3. 5% on the part that remains after that, up to €10,000;
    4. 1% on the part that remains after that, up to €200,000;
    5. 0.5% on the remainder.

Article 7 - Contract duration

Best Brands Support and the Client enter into the assignment for an indefinite period of time, unless the Parties agree otherwise.

  1. The agreement may be terminated by either party at any time without notice.
  2. The parties may terminate the agreement at any time in joint consultation.

Article 8 - Execution period

  1. If the Client owes an advance payment or has to make information or materials available, the term within which Best Brands Support must complete the work only starts when the payment, information or materials have been received by Best Brands Support.
  2. If a term has been agreed or specified for the execution of the assignment, this is never a strict deadline. If a term is exceeded, the Client must first give Best Brands Support written notice of default.
  3. The client cannot dissolve the assignment by exceeding the term of Best Brands Support. This does not apply if the execution is permanently impossible or if Best Brands Support also does not carry out the assignment within a period of time again notified in writing by Best Brands Support.

Article 9 - Third parties

Best Brands Support may have work (partly) performed by third parties. Articles 7:404 of the Dutch Civil Code (execution by a specific person), Article 7:407 paragraph 2 (joint and several liability) and 7:409 of the Dutch Civil Code (death of a specific person) do not apply.

Article 10 - Execution of the assignment

  1. Best Brands Support will carry out the assignment to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
  2. Best Brands Support may carry out the assignment in different phases and invoice the executed parts separately.
  3. If Best Brands Support carries out the assignment in phases, it can suspend the execution of the components of a next phase, until the Client has approved the results of the previous phase in writing.
  4. The Client shall ensure that it provides Best Brands Support in a timely manner with all information or materials that are necessary for Best Brands Support to carry out the assignment.
  5. If the Client does not provide the necessary information or materials in time, Best Brands Support may suspend the execution of the assignment and invoice the extra costs resulting from the delay. Best Brands Support is not liable for damage caused by Best Brands Support relying on incorrect or incomplete information provided by the Client.

Article 11 - Change of assignment

  1. If during the assignment it appears that it is necessary for proper execution to change or supplement the content of the assignment, the parties will do this in mutual consultation.
  2. Best Brands Support can increase or decrease the agreed price. Best Brands Support will (if possible) provide a price estimate in advance. Due to a change in the order, the specified term of execution may also change. The client accepts the possibility of changing the order, price and execution time.
  3. Best Brands Support may refuse a request to change the assignment of the Client if this could have qualitative or quantitative consequences for the work.

Article 12 - Suspension, dissolution

  1. Best Brands Support may suspend the assignment if it is temporarily unable to fulfill its obligations due to circumstances (which are beyond its control or of which it was not aware).
  2. If fulfillment is permanently impossible, the parties can dissolve the assignment for the part that has not yet been fulfilled.
  3. Best Brands Support may suspend or dissolve fulfillment of the assignment if the Client does not fulfill its obligations, not fully or not on time. The client must then pay or compensate Best Brands Support for damages.

Article 13 - Premature termination

  1. If Best Brands Support terminates the assignment prematurely, Best Brands Support will transfer the work still to be performed to third parties, unless the termination is attributable to the Client. If the transfer of the work entails additional costs for Best Brands Support, the costs will be borne by the Client.
  2. Best Brands Support may terminate the assignment immediately (and is not obliged to pay damages or compensation) in one of the following cases:
    1. Client exceeds a payment term;
    2. Client is bankrupt or in suspension of payment;
    3. Client (company) is dissolved or liquidated;
    4. Client (natural person) is placed under guardianship or dies;
    5. There is another circumstance as a result of which the Client can no longer freely dispose of its assets.

Article 14 - Force majeure

  1. Best Brands Support does not have to fulfill its obligations in the event of force majeure.
  2. Best Brands Support can suspend the obligations arising from the assignment during the period that the force majeure continues. If this period lasts longer than three months, both parties may dissolve the assignment, without being obliged to pay compensation.
  3. If Best Brands Support has partially fulfilled its obligations and if the fulfilled part has an independent value, Best Brands Support may invoice the fulfilled part.

Article 15 - Retention of title

  1. Everything that Best Brands Support supplies remains the property of Best Brands Support until the Client has fully fulfilled all its obligations.
  2. The Client must do everything that it can reasonably do to secure the property of Best Brands Support.
  3. If Best Brands Support wishes to exercise its property rights, the Client gives Best Brands Support unconditional and irrevocable permission to enter all places where the properties are located, so that Best Brands Support can take them back.

Article 16 - Warranties

  1. Best Brands Support guarantees that what it delivers meets the usual requirements and standards that can be set at the time of delivery.
  2. This warranty does not apply if the Client uses the delivered incorrectly.
  3. This warranty also does not apply if a defect arises due to circumstances beyond Best Brands Support's control.

Article 17 - Investigation

  1. The Client must examine the delivered goods at the moment that they are made available or when the work has been carried out. The Client must investigate whether the quality and quantity of the delivered goods correspond to what has been agreed and whether it meets the requirements that the parties have agreed upon.
  2. The Client must notify Best Brands Support in writing of any visible defects within fourteen days of delivery. He must notify Best Brands Support in writing of any invisible defects thirty days after their discovery. The notification must contain a detailed description of the defect.

Article 18 - Complaints

  1. The Client must report any complaints in writing and within one month.
  2. If the Client submits a complaint on time, this does not suspend its payment obligation.
  3. If the Client reports a complaint later, he is no longer entitled to repair, replacement or compensation.
  4. If it is established that a good is defective and this has been reported in time, Best Brands Support will replace, repair or reimburse the defective good within a reasonable period of time after written notification of the defect by the Client.
  5. If it is established that a complaint is unfounded, the costs of Best Brands Support that have arisen as a result (such as investigation costs) will be fully borne by the Client.

Article 19 - Liability

  1. Best Brands Support is only liable for direct damage suffered by the Client, which is directly and exclusively the result of a shortcoming on the part of Best Brands Support.
  2. Best Brands Support is not liable for damage that has arisen because it relied on incorrect or incomplete information provided by the Client.
  3. Best Brands Support's liability is always limited to the invoice value with a maximum of €500.00.
  4. Best Brands Support's liability is in any case limited to the amount that its insurer pays out in that case.
  5. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of Best Brands Support.

Article 20 - Privacy Statement

Best Brands Support protects your personal data well. You can find our privacy statement on our website.

Article 21 - Limitation period

The limitation period for all claims and defenses against Best Brands Support is one year.

Article 22 - Indemnification

  1. The Client indemnifies Best Brands Support against any claims from third parties who suffer damage as a result of the execution of the assignment and the cause of which is not attributable to Best Brands Support.
  2. If third parties address Best Brands Support, the Client will assist it both in and out of court and will do everything that may be expected of it in that case.
  3. If the Client does not take any measures, Best Brands Support may do so itself. All costs and damage that arise as a result for Best Brands Support are entirely at the expense and risk of the Client.

Article 23 - Intellectual property

  1. Best Brands Support retains all rights to plans, documents, images, drawings, software, creations and the related information made by it. This also applies if costs have been charged for this or if improvements have been made later.
  2. The Client may not copy the items referred to in the previous paragraph (if this is not for internal use at the Client), show them to third parties or make them available for a purpose other than that for which they were provided by Best Brands Support.

Article 24 - Confidentiality

  1. Unless there is a legal or professional obligation to disclose, Best Brands Support will keep all information of the Client confidential towards third parties.
  2. Best Brands Support will not use the information provided by the Client for a purpose other than that for which it was obtained, unless Best Brands Support acts in a procedure in which these documents may be important.
  3. The Client will not disclose the content of agreements, order confirmations, quotations, reports, advice or other expressions, whether or not in writing, of Best Brands Support and ensure that third parties do not see the content thereof.

Article 25 - Nullity

If any part of these terms is void or voidable, that will not affect the validity of the remainder of the Agreement. The void or voided part will be replaced by a provision that follows the content of the void provision as closely as possible.

Article 26 - Conflicting clause

In the event that these general terms and conditions and the agreement contain conflicting conditions, the conditions included in the agreement will apply.

Article 27 - Applicable law

Dutch law.

Article 28 - Competent court

Eindhoven court.