GENERAL TERMS AND CONDITIONS Taxiconnexy

Definitions

  1. Taxiconnexy: Taxiconnexy, located at Vredehofplein 74, 3201CT Spijkenisse under Chamber of Commerce no. 73052795.
  2. Customer: the person with whom Taxiconnexy has entered into an agreement.
  3. Parties: Taxiconnexy and customer together.
  4. Consument: een klant die tevens een individu is en die als privé persoon handelt.

Applicability of general terms and conditions

  1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Taxiconnexy.
  2. Parties can only deviate from these terms and conditions if they have explicitly agreed to do so in writing.
  3. The parties explicitly exclude the applicability of additional and / or deviating general terms and conditions of the customer or third parties.

Offers and quotations

  1. Offers and quotations from Taxiconnexy are without obligation, unless explicitly stated otherwise.
  2. An offer or quotation is valid for a maximum of 1 week, unless a different acceptance period is stated in the offer or quotation.
  3. If the customer does not accept an offer or quotation within the applicable term, the offer or quotation will lapse.
  4. Offers and quotations do not apply to repeat orders, unless the parties have explicitly agreed this in writing.

Acceptance

  1. Upon acceptance of a quotation or offer without obligation, Taxiconnexy reserves the right to withdraw the quotation or offer within 3 days of receipt of the acceptance, without the customer being able to derive any rights from this.
  2. Verbal acceptance of the customer only binds Taxiconnexy after the customer has confirmed this in writing (or electronically).

Prices

  1. All prices that Taxiconnexy uses are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
  2. All prices that Taxiconnexy uses for its products or services, on its website or that are otherwise made known, Taxiconnexy can change at any time.
  3. Increases in the cost prices of products or parts thereof, which Taxiconnexy could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
  4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
  5. The price with regard to a service is determined by Taxiconnexy on the basis of the hours actually spent.
  6. The price is calculated according to the usual hourly rates of Taxiconnexy, valid for the period in which he performs the work, unless a different hourly rate has been agreed.
  7. If the parties have agreed on a total amount for a service by Taxiconnexy, this is always a target price, unless the parties have explicitly agreed in writing on a fixed price, which cannot be deviated from.
  8. Taxiconnexy is entitled to deviate up to 10% of the target price.
  9. If the target price is more than 10% higher, Taxiconnexy must inform the customer in time why a higher price is justified.
  10. If the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price plus 10%.
  11. Taxiconnexy has the right to adjust the prices annually.
  12. Taxiconnexy will communicate price adjustments to the customer prior to its commencement.
  13. The consumer has the right to cancel the agreement with Taxiconnexy if he does not agree with the price increase.

Payments and payment term

  1. Taxiconnexy may require a down payment of up to 50% of the agreed amount when entering into the agreement.
  2. The customer must have made payments afterwards within 7 days after delivery of the product.
  3. Payment terms are considered to be strict payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is in default by operation of law and is in default, without Taxiconnexy having to send the customer a reminder or declare it in default.
  4. Taxiconnexy reserves the right to make a delivery dependent on immediate payment or to demand a security for the total amount of the services or products.

Consequences not paying on time

  1. If the customer does not pay within the agreed term, Taxiconnexy is entitled to charge an interest of 1% per month from the day that the customer is in default, whereby part of a month is counted as a whole month.
  2. When the customer is in default, he will also owe extrajudicial collection costs and any compensation to Taxiconnexy.
  3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
  4. If the customer does not pay on time, Taxiconnexy may suspend its obligations until the customer has fulfilled his payment obligation.
  5. In case of liquidation, bankruptcy, seizure or moratorium on the part of the customer, the claims of Taxiconnexy on the customer are immediately due and payable.
  6. If the customer refuses to cooperate with the execution of the agreement by Taxiconnexy, he is still obliged to pay the agreed price to Taxiconnexy.

Right of Complaint

  1. As soon as the customer is in default, Taxiconnexy is entitled to invoke the right of complaint regarding the unpaid products delivered to the customer.
  2. Taxiconnexy invokes the right of complaint by means of a written or electronic communication.
  3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Taxiconnexy, unless the parties make other agreements about this.
  4. The costs for returning or returning the products are for the account of the customer.

Right of withdrawal

  1. A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
  • the product has not been used
  • it is not a product that can spoil quickly, such as food or flowers
  • it is not a product that has been tailor-made or adapted specifically for the consumer
  • it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
  • the seal is still intact if it concerns data carriers with digital content (DVDs, CDs, etc.)
  • the product is not a trip, transport ticket, catering order or form of leisure activity
  • the product is not a separate magazine or newspaper
  • it is not an (order for) urgent repair
  • the consumer has not waived his right of withdrawal
  1. The reflection period of 14 days as referred to in paragraph 1 commences:
    • on the day after the consumer has received the last product or part of 1 order
    • as soon as the consumer has received the first product in a subscription
    • as soon as the consumer has purchased a service for the first time
    • as soon as the consumer has confirmed that he will purchase digital content via the internet
  2. The consumer can make his appeal to the right of withdrawal known via info@taxiconnexy.com, if desired using the withdrawal form that can be downloaded from the Taxiconnexy website, https://taxiconnexy.com/.
  3. The consumer is obliged to return the product to Taxiconnexy within 14 days after the notification of his right of withdrawal, failing which his right of withdrawal will lapse.
  4. The costs for returns are only for the account of Taxiconnexy if the entire order is returned.
  5. If the purchase costs and any other costs (such as shipping and return costs) qualify for reimbursement according to the law, Taxiconnexy will refund these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, on the condition that the consumer has returned the product to Taxiconnexy on time.

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.

Right of retention

  1. Taxiconnexy can invoke its right of retention and in that case retain the customer’s products until the customer has paid all outstanding invoices with regard to Taxiconnexy, unless the customer has provided sufficient security for those costs.
  2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Taxiconnexy.
  3. Taxiconnexy is never liable for any damage that the customer may suffer as a result of using his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt to Taxiconnexy against a claim on Taxiconnexy.

Retention of title

  1. Taxiconnexy remains the owner of all products delivered until the customer has fully complied with all his payment obligations towards Taxiconnexy under any agreement concluded with Taxiconnexy, including claims regarding failure to comply.
  2. Until then, Taxiconnexy can invoke its retention of title and take back the goods.
  3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
  4. If Taxiconnexy invokes its retention of title, the agreement will be deemed dissolved and Taxiconnexy has the right to claim compensation, lost profit and interest.

Delivery

  1. Delivery takes place while stocks last.
  2. Delivery takes place at Taxiconnexy, unless the parties have agreed otherwise.
  3. Delivery of products ordered online takes place at the address indicated by the customer.
  4. If the agreed amounts are not paid or not paid on time, Taxiconnexy has the right to suspend its obligations until the agreed part has been paid.
  5. In case of late payment, there is a default of creditors, with the result that the customer cannot object to a late delivery to Taxiconnexy.

Delivery time

  1. The delivery times stated by Taxiconnexy are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have explicitly agreed otherwise in writing.
  2. The delivery time commences after the quotation to Taxiconnexy signed for approval by the customer has been confirmed by Taxiconnexy in writing or electronically to the customer.
  3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Taxiconnexy cannot deliver within 14 days after being reminded in writing or the parties have agreed otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time.

Transportation costs

Transport costs are at the expense of the customer, unless the parties have agreed otherwise.

Packaging and shipping

  1. If the packaging of a delivered product is opened or damaged, the customer must, before receiving the product, have a note drawn up by the forwarder or delivery person, failing which Taxiconnexy cannot be held liable for any damage. .
  2. If the customer himself arranges for the transport of a product, he must report any visible damage to products or the packaging to Taxiconnexy prior to transport, failing which Taxiconnexy cannot be held liable for any damage.

Insurance

  1. The customer undertakes to adequately insure the following items and to keep them insured against, among other things, fire, explosion and water damage as well as theft:
    • delivered goods that are necessary for the implementation of the underlying agreement
    • Taxiconnexy matters that are present at the customer’s
    • items delivered under retention of title
  2. The customer provides the policy of these insurances for inspection at the first request of Taxiconnexy.

Retention

  1. If the customer does not purchase ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
  2. Any additional costs as a result of premature or late purchase of products are entirely at the expense of the customer.

Guarantee

  1. When the parties have entered into an agreement of a service nature, this only contains best efforts obligations for Taxiconnexy, not obligations of results.
  2. The warranty with regard to products applies only to defects caused by faulty manufacture, construction or material.
  3. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
  4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties passes to the customer at the time when they are legally and / or actually delivered, or at least come under the control of the customer or a third party who receives the product on behalf of the customer.

Execution of the agreement

  1. Taxiconnexy executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
  2. Taxiconnexy has the right to have the agreed services (partially) performed by third parties.
  3. The implementation of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
  4. It is the responsibility of the customer that Taxiconnexy can start the execution of the agreement on time.
  5. If the customer has not ensured that Taxiconnexy can start the execution of the agreement on time, the resulting additional costs and / or extra hours will be borne by the customer.

Information provision by the customer

  1. The customer makes all information, data and documents that are relevant for the correct execution of the agreement available to Taxiconnexy in a timely manner and in the desired form and in the desired manner.
  2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if these originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
  3. If and insofar as the customer requests this, Taxiconnexy will return the relevant documents.
  4. If the customer does not, not timely or not properly provide the information, data or documents reasonably required by Taxiconnexy and the execution of the agreement is delayed as a result, the resulting extra costs and extra hours will be borne by the customer.

Duration of the agreement

  1. The agreement between Taxiconnexy and the customer is entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or the parties have explicitly agreed otherwise in writing.
  2. If an agreement has been entered into for a definite period, it will be tacitly converted into an agreement for an indefinite period after the expiry of the period, unless 1 of the parties terminates the agreement with due observance of a notice period of 2 months, or a consumer cancels the agreement with observing a notice period of 1 month, the agreement will end by operation of law.
  3. If the parties have agreed on a term for the completion of certain activities within the term of the agreement, this is never a strict deadline. If this term is exceeded, the customer must give Taxiconnexy written notice of default.

Termination of the contract for an indefinite period

  1. The customer can cancel an agreement that has been entered into for an indefinite period at any time with due observance of a notice period of 2 months.
  2. A consumer has the right to terminate an agreement for an indefinite period with due observance of a notice period of 1 month.

Intellectual property

  1. Taxiconnexy retains all intellectual property rights (including copyright, patent law, trademark law, drawing and model law, etc.) on all designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, etc., unless parties have agreed otherwise in writing.
  2. The customer may not copy the said intellectual property rights or have them copied, show them to third parties and / or make them available or use them in any other way without prior written permission from Taxiconnexy.

Confidentiality

  1. The customer keeps secret any information he receives (in whatever form) from Taxiconnexy.
  2. The same applies to all other information regarding Taxiconnexy of which it knows or can reasonably suspect that it is secret or confidential, or of which it can expect that its distribution could cause damage to Taxiconnexy.
  3. The customer takes all necessary measures to ensure that he also keeps the information referred to in paragraphs 1 and 2 secret.
  4. The duty of confidentiality described in this article does not apply to information:
    • which was already public before the customer learned of this information or which later became public without this being the result of a breach of the customer’s confidentiality obligation
    • which is made public by the customer on the basis of a legal obligation
  5. The duty of confidentiality described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiry.

Penalty clause

  1. If the other party violates the article of these general terms and conditions on confidentiality or on intellectual property, he will forfeit an immediately payable fine for each violation on behalf of trade name.
  • if the other party is a consumer, this fine will be € 1,000
  • if the other party is a legal entity, this fine is € 5,000
  1. In addition, the other party forfeits an amount of 5% of the amount referred to in paragraph 1 for each day that the violation continues.
  2. No prior notice of default or legal proceedings are required for forfeiting this fine. Nor does there need to be any form of damage.
  3. The forfeiture of the fine referred to in the first paragraph of this article does not affect the other rights of Taxiconnexy, including its right to claim compensation in addition to the fine.

Disclaimer

The customer indemnifies Taxiconnexy against all claims from third parties related to the products and / or services supplied by Taxiconnexy.

Complaints

  1. The customer must examine a product or service provided by Taxiconnexy as soon as possible for any shortcomings.
  2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Taxiconnexy of this as soon as possible, but in any case within 1 month after discovery of the shortcomings.
  3. Consumers must inform Taxiconnexy within 2 months after discovery of the shortcomings.
  4. The customer thereby provides as detailed a description as possible of the shortcoming, so that Taxiconnexy is able to respond adequately.
  5. The customer must demonstrate that the complaint relates to an agreement between the parties.
  6. If a complaint relates to ongoing work, this cannot in any case lead to Taxiconnexy being obliged to perform other work than agreed.
  7. If the customer is dissatisfied with the services of Taxiconnexy, the customer will inform Taxiconnexy as soon as possible and the parties will try to find an informal solution.
  8. If the path followed in paragraph 1 does not lead to a satisfactory solution, the customer can submit a complaint to the disputes committee.

Notice of default

  1. The customer must make notice of default known to Taxiconnexy in writing.
  2. It is the responsibility of the customer that a notice of default actually reaches Taxiconnexy (on time).

Joint and several liability of the customer

If Taxiconnexy enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts that they owe to Taxiconnexy under that agreement.

Liability Taxiconnexy

  1. Taxiconnexy is only liable for any damage that the customer suffers if and insofar as that damage is caused by intent or deliberate recklessness.
  2. If Taxiconnexy is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
  3. Taxiconnexy is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
  4. If Taxiconnexy is liable, this liability is limited to the amount that is paid out by a concluded (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount on which the liability relates.
  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to compensation and / or (partial) dissolution of the agreement and / or suspension of any obligation.

Expiration period

Any right of the customer to compensation from Taxiconnexy expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of article 6:89 of the Dutch Civil Code.
Right to cancel

  1. The customer has the right to dissolve the agreement if Taxiconnexy attributably fails in the fulfillment of its obligations, unless this shortcoming does not justify the dissolution in view of its special nature or minor significance.
  2. If the fulfillment of the obligations by Taxiconnexy is not permanent or temporarily impossible, dissolution can only take place after Taxiconnexy is in default.
  3. Taxiconnexy has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if Taxiconnexy has taken note of circumstances that give it good grounds to fear that the customer does not fulfill his obligations will be able to fulfill.

Force of the majority

  1. In addition to the provisions of Article 6:75 Dutch Civil Code, a failure of Taxiconnexy in the fulfillment of any obligation towards the customer cannot be attributed to Taxiconnexy in a situation independent of Taxiconnexy’s will, as a result of which the fulfillment of its obligations towards the customer are wholly or partially prevented or as a result of which the fulfillment of his obligations cannot reasonably be expected from Taxiconnexy.
  2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to -: an emergency (such as civil war, uprising, riots, natural disasters, etc.); defaults and force majeure on the part of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather and work stoppages.
  3. If a force majeure situation arises as a result of which Taxiconnexy cannot fulfill 1 or more obligations towards the customer, then those obligations will be suspended until Taxiconnexy can meet them again.
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
  5. Taxiconnexy does not owe any (damage) compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.

Amendments to the agreement

If, after the conclusion of the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.

Changes to general terms and conditions

  1. Taxiconnexy is entitled to amend or supplement these general terms and conditions.
  2. Changes of minor importance can be made at any time.
  3. Taxiconnexy will discuss major substantive changes with the customer as much as possible in advance.
  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of Rights

  1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Taxiconnexy.
  2. This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.

Consequences of nullity or voidability

  1. If one or more provisions of these general terms and conditions turn out to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
  2. A provision that is null and void or voidable will in that case be replaced by a provision that comes closest to what Taxiconnexy had in mind when drawing up the conditions on that point.

Applicable law and competent court

  1. Dutch law is exclusively applicable to every agreement between the parties.
  2. The Dutch court in the district where Taxiconnexy is established / has a practice / has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law requires otherwise.

Prepared on September 15, 2020.

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