BEFLEXX

General Terms and Conditions Beflexx

 

Established on the 8th of May 2014.

 

General Terms and Conditions Beflexx, having its seat or business at De Scheper 254, 5688 HP, Oirschot, the Netherlands, registered at the Trade Register or the Chamber of Commerce in Eindhoven, the Netherlands under number 52005100.

 

1. Definitions

In these General Terms and Conditions the following terms are being used in the following meaning, unless explicitly stated differently.

General Terms and Conditions: The General Terms and Conditions as stated hereafter.

 

Beflexx: Beflexx, registered at the Chamber of Commerce in Eindhoven, the Netherlands, under number 52005100.

 

Service: All activities, in whichever form, that Beflexx has executed for or for the benefit of the Counterparty.

 

Provision or services from a distance: The agreement between the Counterparty and Beflexx, whereby in the framework of a system organised by Beflexx for provision or services from a distance, to the conclusion of the agreement solely use is made of one or more techniques for communication from a distance, such as a website, phone or other means of communication.

 

Fee: The financial compensation that has been agreed for execution of the commission with the Counterparty.

 

Commission: The agreement of commission for provision or services.

 

Agreement: Any agreement concluded between Beflexx and the Counterparty.

 

Product: All goods that are the subject of the agreement concluded between the Counterparty and Beflexx.

 

Voucher: A voucher that meets the requirements of validity, against the submission of which the Counterparty obtains the product and/or the service is executed without payment.

 

Counterparty: The person that has accepted these General Terms and Conditions and has purchased the product and/or has commissioned the execution of the service.

 

2. Acceptation of the Terms of Use

By the access to or the use of this document you explicitly accept the General Terms and Conditions and all terms and conditions that have been included or to which reference is being made or possible additional terms and conditions. If you do NOT agree with all of these General Terms and Conditions, then you are required to report this prior to any agreement between you and Beflexx.

 

3. Applicability

These General Terms and Conditions apply to each special offer, offer and Agreement concluded between Beflexx and the Counterparty, unless from these General Terms and Conditions parties have deviated explicitly and in writing.

 

These General Terms and Conditions also apply to agreements with Beflexx, for the execution of which third parties need to be involved.

 

The applicability of possible purchase terms and conditions or other general terms and conditions of the Counterparty is explicitly being rejected.

 

If it is proven that one or more stipulations in these General Terms and Conditions are invalid or can be invalidated, then the General Terms and Conditions for the remainder will remain intact. In case of this situation Beflexx and the Counterparty will enter into consultation with the objective to agree upon new stipulations for the replacement of the invalid or invalidated stipulations.

 

Deviations from the Agreement and General Terms and Conditions are only valid if these have been agreed in writing and explicitly with Beflexx.

 

4. Special offers and/or offers

Special offers and/or offers are issued (by preference) in writing and/or electronically, unless urgent circumstances make this impossible.

 

All special offers and/or offers of Beflexx are non-binding, unless in the special offer and/or offer a term for acceptation has been stated. If in the special offer and/or offer a term for acceptation has been stated then the special offer and/or offer becomes void when this term has expired.

 

Beflexx cannot be bound to its special offers and/or offers if the Counterparty, according to terms of reasonableness and fairness and in views in society, should have understood that the special offer and/or offer or a part thereof contains an obvious error or misprint.

 

If the acceptation, whether or not on minor points, deviates from the offer stated in the special offer and/or offer then Beflexx is not bound to it. The Agreement shall then not be concluded in accordance with this deviating acceptation, unless Beflexx states differently.

 

A composed price statement does not oblige Beflexx to delivery of a part of the goods stated in the special offer and/or offer and/or to the execution of a part of the Commission against a corresponding part of the stated price.

 

Special offers and/or offers do not apply automatically for future orders or after orders.

 

5. Conclusion agreement

The Agreement is concluded by acceptation by the Counterparty of the special offer and/or offer of Beflexx.

 

6. Duration agreement

The Agreement is concluded for an indefinite time, unless from the nature of the Agreement it follows differently or if parties have agreed explicitly and in writing differently.

 

7. Change agreement

If during the execution of the Agreement it proves that for a proper execution it is necessary to change or add to the Agreement, then Beflexx will notify the Counterparty hereof as soon as possible. The parties shall then timely and in mutual consultation proceed to adaptation of the Agreement.

 

If parties agree that the Agreement is changed or extended, then the time of completion of the execution can be influence by it. Beflexx shall notify the Counterparty hereof as soon as possible.

 

If the change or addition to the Agreement has financial, quantitative and/or qualitative consequences, then Beflexx will notify the Counterparty about this in advance.

 

If a fixed Fee, price and/or tariff has been agreed, then Beflexx shall there by state to which extent the change or addition of the Agreement shall be of influence on the price. Hereby Beflexx shall try to issue, to the extent possible, a price statement in advance.

 

Beflexx shall not be able to charge additional costs if the change or addition is the consequence of circumstances that can be imputed to Beflexx.

 

Changes in the originally concluded Agreement between the Counterparty and Beflexx are only valid from the moment that these changes by means of an additional or changed Agreement have been accepted by both parties.

 

8. Execution agreement

Beflexx shall execute the Agreement to the best of its insights and abilities and corresponding with the requirements of good expertise.

 

Beflexx has the right to let certain activities be executed by third parties. The applicability of article 7:404, 7:407 lid 2 and 7:409 of the Dutch Civil Code is explicitly excluded.

 

Beflexx has the right to execute the Agreement in phases.

 

If the Agreement is executed in phases, then Beflexx has the right to invoice every executed part separately and to request payment for it. If and as long this invoice is not being paid by the Counterparty, then Beflexx is not obliged to the execution  of the following phase and has it got the right to suspend the Agreement.

 

If the Agreement is executed in phases, then Beflexx has the right to suspend the execution of those parts that belong to the following phase or phases until the Counterparty has approved the results of the previous phase in writing.

 

The Counterparty shall provide timely all data or instructions, that are necessary for the execution of the Agreement or of which the Counterparty reasonably should understand that these are necessary for the execution of the Agreement to Beflexx.

 

If the aforementioned data and instructions are not or not timely provided, then Beflexx has the right to suspend the execution of the Agreement. The extra costs that are being made because of the delay are for the account of the Counterparty.

 

Beflexx is not liable for damage, of whichever nature, because Beflexx has relied on incorrect and/or incomplete data provided by the Counterparty, unless this incorrectness or incompleteness should be obvious to Beflexx.

 

9. Prices and rates

The prices and rates are expressed in euros, exclusive of VAT and other levies by the government, unless stated differently.

 

The prices and rates are exclusive of travel, stay, packaging, delivery or shipping costs and administration costs, unless stated differently.

 

Of all additional costs Beflexx will make timely before the conclusion of the Agreement to the Counterparty a statement on the basis of which these costs can be calculated by the Counterparty.

 

10. Change Fee, prices, rates

If Beflexx at the conclusion of the Agreement a fixed Fee, price or rate agrees, then Beflexx is authorised to the increase thereof, even when the Fee, price or rate has originally not been given under a precondition.

 

If Beflexx has the intent to change the Fee, price or rate, it will notify the Counterparty hereof as soon as possible

 

If the increase of the Fee, price or rate takes place within three months after the conclusion of the Agreement, then the Counterparty can dissolve the Agreement by a declaration in writing, unless:

the increase derives from an authority or an obligation resting on the Counterparty according to the law;
Beflexx is willing after all to execute the Agreement on the basis of the original agreement;
It has been stipulated that the delivery takes place longer than three months after the purchase.

The Counterparty has right on dissolution of the Agreement if more than three months after the conclusion of the Agreement the Fee, price or rate is increased, unless in the Agreement it has been stipulated that the delivery shall take place longer than three months after the purchase.

 

Beflexx shall notify the Counterparty in case of the resolution to increase the Fee, price or rate. Beflexx shall there by state the scope of and the date of start of the increase.

 

11. Delivery

Delivery takes place by putting the good in the power of the Counterparty. After delivery the risk of the good is transferred to the Counterparty.

 

The Counterparty is obliged to take off the purchased goods on the moment on which these are handed to him, unless this causes serious objections or unreasonable costs.

 

If the Counterparty refuses to take off the good on the place of the delivery or is negligent with the provision of data or instructions, that are necessary for the delivery, then the goods destined for delivery will be stored for the risk and the account of the Counterparty, after Beflexx has informed the Counterparty hereof.

 

12. Delivery terms

The delivery shall take place within a term stated by the Beflexx.

 

If for the delivery of the good a term has been agreed or stated, then this term is only indicative and can never be regarded as a fatal term.

 

If Beflexx requires data or instructions from the Counterparty, that are necessary for the delivery, then the delivery time starts after the Counterparty has provided these to Beflexx.

At exceeding of the delivery term the Counterparty is required to declare Beflexx in writing in default, whereby Beflexx shall be given after all a reasonable term to deliver the good.

 

A declaration of default is not required when the delivery has become permanently impossible or it has otherwise been proved that Beflexx will not comply with its obligations from the Agreement. Should Beflexx not proceed to delivery within this term, then he Counterparty has the right to dissolve the Agreement without intervention of the courts and/or to demand compensation for damages.

 

13. Terms for execution

The activities shall be executed within a term stated by Beflexx.

 

14. Risk transfer

The goods that are the subject of the Agreement are till the time of bringing them into the power of the Counterparty for the account and the risk of Beflexx.

 

The risk of loss, damaging or reduction of value of goods that are the subject of the Agreement, it transferred to the Counterparty on the moment on which goods are brought into the power of the Counterparty or a third party to be designated by the Counterparty.

 

15. Payment

Payment takes place by means of deposit or transfer on a bank or giro account designated by Beflexx on the time of the purchase or delivery, unless agreed differently

 

Payment can take place both in advance and afterwards.

 

Payment afterwards takes place within 30 days after the date of the invoice, in a manner designated by Beflexx and in the currency of the invoice, unless agreed differently.

 

Beflexx is authorised to declare the in the activities in the previous period to the Counterparty. Declaration takes place once per month.

 

Beflexx and the Counterparty can agree that payment takes place in instalments along the progress of the work. If payment in instalments has been agreed, then the Counterparty should pay in accordance with the terms and the percentages as set forth in the Agreement.

 

Objections against the height of the invoice do not suspend the payment obligation.

 

In case of bankruptcy, suspension of payment or supervisor ship, the claims of Beflexx and the obligations of the Counterparty towards Beflexx are immediately payable upon demand.

 

Beflexx can, without getting in default, refuse an offer for payment if the Counterparty indicates a different order doe allocation. Beflexx can refuse the complete satisfaction of the principal, if at the same time not also the appeared interest and current interest and collection costs are being satisfied.

 

Beflexx has the right to let the payments made by the Counterparty serve for the order it indicates. Beflexx has the right to let the payments serve in the first place for the reduction of the costs, subsequently for the reduction of the appeared interest and finally for the reduction of the principal and the current interest.

 

16. Collection costs

If the Counterparty is in default with the (timely) compliance with his obligations, then all reasonable costs made for obtaining satisfaction out-of-court are for the account of the Counterparty. In any case the Counterparty is liable to pay collection costs. The collection costs are calculated in accordance with the collection rate as advised by the Nederlandse Orde of Advocaten in collection cases.

 

If Beflexx demonstrates to have made higher costs, which were reasonably necessary, then also these will be eligible for compensation.

 

The possible made reasonable in-court and execution costs are also for the account of the Counterparty.

 

17. Voucher

A Voucher can only be spending at Beflexx.

 

The Counterparty is required to carefully keep a Voucher. No compensation will take place in case of theft or loss.

 

A Voucher is valid for 1 year after the issue, unless stated differently.

Vouchers cannot be returned or exchanged for money.

 

In case of Purchase from a distance vouchers can be returned within seven days. After expiration of this term vouchers cannot be returned or exchanged for money.

 

 

In case of Provision or services from a distance vouchers can be returned within seven days. After expiration of this term vouchers cannot be returned or exchanged for money.

 

18. Retention of property

All goods delivered by Beflexx in the framework of the Agreement remain the property of Beflexx until the Counterparty has complied with what is obliged to do on the basis of the Agreement properly and completely.

 

In the obligations are also included: the compensation of all costs and interest, also of deliveries and services provided earlier and later as well as claims for damage because of defaults in the compliance.

 

As long as the property of the delivered has not been transferred to the Counterparty, he may not sell onwards, give as collateral or encumber in any way what falls under the retention of property, except within the normal execution of his enterprise.

 

19. Suspension

If the Counterparty does not, not fully or not timely comply with an obligation from the Agreement, then Beflexx has the right to suspend the compliance with the corresponding obligation. In case or partial or not-proper compliance suspension is only permitted, to the extent that the shortcoming justifies so.

 

Furthermore Beflexx is authorised to suspend the compliance with the obligations if:

after the conclusion of the Agreement Beflexx has gained knowledge of circumstances that give good grounds to fear that the Counterparty will not comply with the obligations;
the Counterparty at the conclusion of the Agreement has been requested to provide a surety for the compliance with its obligations from the Agreement and this surety remains absent of is insufficient;
circumstances occur which are of such nature that compliance with the Agreement is impossible or that an unchanged maintaining of the Agreement cannot be required in reasonableness from Beflexx.

Beflexx reserves the right to claim compensation for damages.

 

20. Dissolution

If the Counterparty does not, not fully, not timely or not properly comply with an obligation from the Agreement, then Beflexx is authorised to dissolve the Agreement with immediate effect, unless the shortcoming in view of its minor importance does not justify the dissolution.

 

Furthermore is Beflexx authorised to dissolve the Agreement with immediate effect, if:

after the conclusion of the Agreement Beflexx has gained knowledge of circumstances that give good grounds to fear that the Counterparty will not comply with the obligations;
the Counterparty at the conclusion of the Agreement has been requested to provide a surety for the compliance with its obligations from the Agreement and this surety remains absent of is insufficient;
circumstances occur which are of such nature that compliance with the Agreement is impossible or that an unchanged maintaining of the Agreement under the same conditions cannot be required in reasonableness from Beflexx.
Because of the delay at the side of the Counterparty that it can no longer be required from Beflexx that it will comply with the Agreement against the originally agreed conditions;
circumstances occur which are of such nature that compliance with the Agreement is impossible or that an unchanged maintaining of the Agreement under the same conditions cannot be required in reasonableness from Beflexx.
the Counterparty is declared to be in a state of bankruptcy, files a request for suspension of payment; requests for application of the regulation debt sanitization natural persons, is confronted with a seizure on the entirety of part of his property;
the Counterparty is put under supervision;
the Counterparty deceases.

Dissolution takes place by means of a notification in writing without intervention of the courts.

 

If the Agreement is dissolved, the claims of Beflexx on the Counterparty are immediately payable upon demand.

 

If Beflexx dissolves the agreement on the basis of the aforementioned grounds, then Beflexx is not liable for any costs or compensation for damages.

 

If the dissolution is imputable to the Counterparty, then Beflexx has the right to claim compensation for damages for the damage that has emerged indirectly or directly because of it.

 

21. Force Majeure

A shortcoming cannot be imputed to Beflexx or the Counterparty, since the shortcoming cannot be imputed to its/his fault, neither on the basis of the law, legal act or views in society come for his account. In this case the parties are also not bound to the compliance with the obligations that derive from the Agreement.

 

Under Force Majeure will be understood in these General Terms and Conditions in addition to what is understood in that area in the law and jurisprudence, all external causes, foreseen or not foreseen, on which Beflexx cannot exercise influence and because of which Beflexx is not able to comply with its obligations.

 

As circumstances rendering Force Majeure are among others regarded: work strike, exclusion, fire, water damage, disasters of nature or other misfortunes coming from outside, mobilisation, war, traffic impediments, blockades, in or export impediments or other government measure, stagnation or delay in the supply of raw materials or machine parts, lack of labour force, as well as any circumstances, because of which the normal course in the company is impeded as a consequence of which compliance with the Agreement by Beflexx cannot reasonably be expected from Beflexx.

 

Beflexx has also the right to claim Force Majeure if the circumstance that impeders (further) compliance with the Agreement, emerges after Beflexx should have complied with its legal obligation.

 

In case of Force Majeure the parties are not obliged to continue the Agreement, nor are they liable for any compensation for damages.

 

Both Beflexx and the Counterparty can during the period that the Force Majeure lasts, suspend the obligations from the Agreement in their entirety of in part. If this period lasts longer than 2 months both parties are authorised to dissolve the Agreement with immediate effect, by means of notification in writing, without intervention of the courts, without the parties may claim any compensation for damages.

 

If the situation of Force Majeure is of a temporary nature, then Beflexx reserves the right to suspend the agreed performance for the duration of the situation of Force Majeure. In case of ongoing Force Majeure both parties are authorised to dissolve the Agreement without intervention of the courts.

 

If Beflexx at the time of the emergence of Force Majeure has complied with its obligations from the Agreement by then in part or will be able to do so, and a independent value can be attributed to the already delivered or to be delivered, then Beflexx is authorised to invoice the already complied with or to be complied with performance part separately. The Counterparty is required to pay this invoice as if it were a case of a separate Agreement.

 

22. Warranties

Beflexx warrants for the period of 2 years after the date of the first purchase the repair the Apparatus entirely free of charge with new or revised parts. No monetary restitutions shall take place. Excluded from the warranty are the following parts that normally need to be replaced:

  • dust bags
  • motor filter
  • brush accessories
  • stretch hose

A warranty is only provided to the original purchaser. A proof of purchase or another proof of the date of the original purchase is required before a warranty is provided.

 

Beflexx warrants that the delivered goods comply with the agreement. Beflexx also warrants that the delivered goods meet with the usual requirements that reasonably can be put to it and that the goods possess such features that, taking all circumstances into account, are necessary for a normal use.

 

Beflexx warrants that the activities executed by it comply with the agreement and are being executed with proper expertise and making use of proper material.

 

The warranty stated in these General Terms and Conditions is valid for use within Europe and North America (United States and Canada).

 

If the delivered good has been produced by a third party, then the warranty shall apply that is provided by this third party, unless stated differently.

 

If the delivered Product and/or the executed Service do not comply with the warranty, then Beflexx shall, after statement hereof, proceed within a reasonable term to replacement or repair without charge.

                                                              

When the warranty period has expired, all costs for repair or replacement, including administration, shipping and presentation costs, will be for the account of the Counterparty.

 

Any form of warranty becomes void, if a defect has emerged as a consequence of inexpert use or a lack of diligence or it is a consequence of changes that the Counterparty or third parties have made to the delivered.  Neither does Beflexx warrant the possible damage as a consequence of these defects.

 

The warranty also becomes void if the defect has emerged by or is the consequence of circumstances on which Beflexx can exercise no influence. Under these circumstances fall among others weather circumstances.

 

23. Inspection and objections

The Counterparty is required to inspect the delivered goods on the moment of delivery, but in any case within 7 days after delivery.

 

The Counterparty is required to inspect the Service on the moment of the execution, but in any case within 7 days after execution.

 

Thereby the Counterparty is required to inspect whether the quality and quantity of the delivered and the executed Service are in compliance with what has been agreed, at least that they comply with the requirements that apply in the normal trade.

 

Visible defects and shortages need to be reported within 7 days after delivery of the Product in writing to Beflexx. The defect Product should be sent back together with the proof or purchase, unless this is impossible or unreasonably burdensome.

 

Visible defects and shortages need to be reported within 7 days after execution of the Service in writing to Beflexx.

 

Non-visible defects and shortages need to be reported within 7 days after discovery thereof, be reported to Beflexx. The defect Product should be sent back together with the proof or purchase, unless this is impossible or unreasonably burdensome.

 

The right on (partial) refund of the price, repair or replacement or compensation for damages becomes void if defects are not reported within the set term, unless from the nature of the Product and/or Service or from circumstances of the case an extended term derives.

 

The possibly made shipping costs for the return shipment upon the request in writing by the Counterparty of the defect Product shall be refunded by Beflexx to the Counterparty. Other costs than shipping costs will never be compensated by Beflexx, unless agreed in writing. The shipping costs will never be compensated when the Counterparty has not been requested in writing by Beflexx for sending.

 

The payment obligation is not suspended if the Counterparty notifies Beflexx within the set term about the defect good.

 

If timely protest is made, the Counterparty remains obliged to off-take and payment of the purchased goods, unless this has no independent value.

 

24. Liability

Beflexx is only liable for direct damage that has emerged by gross negligence or wilful intent by Beflexx.

 

Beflexx cannot be held liable by the Counterparty or a third party for indirect, incidental, special or consequential damage (including loss of profits or missed saving), loss of data or interruption in the conduct of enterprise deriving from or relating to the use of the apparatus, irrespective of whether this damage is the results of a tort/unlawful acts, a warranty, a contract or a different theory of the law, even if Beflexx was aware of the possibility of such damage. In the case of consumer purchase this limitation does not go beyond what has been permitted according to article 7:24 lid 2 Dutch Civil Code.

 

The Counterparty safeguards fully from all claims by third parties, which might derived from or relate to (non) compliance by Beflexx of obligations on the basis of any agreement with Counterparty.

 

If Beflexx should be liable for any damage, then the liability of Beflexx is limited to the amount that the insurer pays out to Beflexx or to the maximum of the amount that is stated in the invoice.

 

Beflexx is in no case liable for damage cause by shortcomings of third parties employed by Beflexx.

 

If you live in a country where the above and below exclusions or limitations of liability or one of the exclusions of warranties in the regulation ‘Liability’, ‘Exclusions of liability concerning test products’ and ‘Exclusions of liability concerning content’ are not permitted, then such exclusions and limitations will not be applicable to the extent that they are not permitted. In such a case the exclusion or limitation is limited to the highest extent permitted by the applicable legislation.

 

25. Exclusions of liability concerning test products (samples)

For a (new) product Beflexx, may at its own initiative or at the request of the Counterparty, first make samples or test products and present these for approval to the Counterparty. The costs for these samples and test products are for the account of the Counterparty.

 

When the Counterparty does not comply with agreements as described in the regulation for test products, then Beflexx has the right to demand the Product back or to charge the costs of the Product to the Counterparty, Beflexx is thereby in no case liable for emerged damage.

 

The test products/samples of Beflexx are solely destined to be used by persons that have enough professional knowledge about the use or interpretation of the information that is obtained with use of these tests.

 

26. Exclusions of liability regarding content

The content streams to which you have access via the apparatus are not being checked or managed by Beflexx. They are made available third parties. The apparatus is in fact a kind of "tuner" with which you can receive the content that is broadcast outside your immediate environment. Since the content is made available by third parties, Beflexx has not editorial control over the content that you receive or download via your apparatus and by consequence Beflexx cannot be held liable for the content thereof or the delivery.

 

Beflexx adheres to no opinion whatsoever that is expressed in the content that you receive via the apparatus.

Beflexx offers no warranty whatsoever for the correctness, reliability, preciseness or the timeliness of the content. You agree that you rely at your own risk on the content.

 

27. Safeguard

The Counterparty safeguards Beflexx for possible claims from third parties, that incur damage in relation to the execution of the Agreement and which is imputable to the Counterparty, unless these claims are the result of gross negligence or wilful intent from the side of Beflexx and the Counterparty demonstrates that he cannot be blamed in that matter.

 

If Beflexx should be held liable by third parties, then the Counterparty is obliged to assist Beflexx both out-of-court and in court. All costs and damage at the side of Beflexx and third parties are furthermore for the account and risk of the Counterparty.

 

28. Statute of limitation

For all claims and defences towards Beflexx and the third parties possibly employed by Beflexx, in deviation of the statutes of limitation by law, a statute of limitation of one year shall apply.

 

The aforementioned does not apply to claims and defences that are based on the non-compliance of the delivered good to the Agreement. In this case the claims and defences will expire after the course of two years after the Counterparty has informed Beflexx about the defect of the delivered good.

 

29. Intellectual property

Beflexx reserves the right and authorities that belong to him on the basis of the Dutch laws Auteurswet and other intellectual property laws and regulations.

 

Beflexx reserves the right to use the possibly increased knowledge by the execution of the activities for other purposes, to the extent that hereby no confidential information is brought to the knowledge of third parties.

 

30. Privacy

The data and information that the Counterparty provides to Beflexx shall be kept carefully and confidentially by Beflexx.

 

Beflexx may use the personal data of the Counterparty solely and only in the framework of the execution of his obligation to deliver and to process a complaint.

 

It is not permitted for Beflexx to loan, rent, sell or in another manner publish the personal data of the Counterparty.

 

If on the basis of a stipulation by law or a court ruling Beflexx is held to provide confidential information to third parties, and Beflexx in that matter cannot make a claim on a right of non disclosure by law or acknowledged by the competent court, then Beflexx is not liable for compensation for damages. Also the Counterparty is not authorised to dissolution of the Agreement on the basis of any damage that has emerged because of this.

 

The Counterparty agrees that Beflexx approaches the Counterparty for statistic research or customer satisfaction research. When the Counterparty does not wish to be approached, then the Counterparty can make this known.

 

Beflexx reserves the right to use the remaining data of the Counterparty in anonym form for (statistic) research and database.

 

31. Applicable law and disputes

The laws of the Netherlands apply exclusively to all legal relations whereby Beflexx is a party. This also applies if a legal obligation in its entirety or in part is executed abroad or if the Counterparty has his residence abroad.

 

The applicability of the Vienna Purchase treaty is excluded.

 

32. Headings

The headings above the sections of these General Terms and Conditions are solely intended for clarification purposes and do not serve as a part thereof nor shall they have in any way influence on the meaning or interpretation of the General Terms and Conditions.

 

33. Location

These General Terms and Conditions have been filed at the Chamber of Commerce in Eindhoven, the Netherlands under number 52005100. Applicable is always the last filed version or the version that was in force at the time of the conclusion of the legal relation with Beflexx.