General terms and conditions Sunsbest

E-mail: customerservice@sunsbest.co.uk
Website: https://sunsbest.co.uk

Definitions

Sunsbest, established in Amsterdam.
Customer: the person with whom an agreement has been entered into.
Parties: Sunsbest and customer together.
Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Sunsbest.
Parties may only deviate from these terms and conditions if they have expressly agreed to this in writing.
The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.

Prices

All prices used by Sunsbest are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or otherwise agreed.
Sunsbest may change all prices that it uses for its products and services, on its website or otherwise made known, at any time.
Increases in the cost prices of products or parts thereof, which Sunsbest could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.
The consumer has the right to terminate 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.
The price for a service is determined by Sunsbest on the basis of the hours actually spent.
The price is calculated according to Sunsbest’s usual hourly rates, applicable for the period in which it carries out the work, unless a different hourly rate has been agreed.
If the parties have agreed on a total amount for a service provided by Sunsbest, this is always a guideline price, unless the parties have expressly and in writing agreed on a fixed price from which no deviation is possible.
Sunsbest is entitled to deviate from the target price by up to 10%.
If the target price is more than 10% higher, Sunsbest must inform the customer in a timely manner why a higher price is justified.
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%.
Sunsbest has the right to adjust prices annually.
Prior to their entry into force, Sunsbest will communicate price adjustments to the customer.
The consumer has the right to terminate the agreement with Sunsbest if he does not agree with the price increase.

Payments and payment terms

When entering into the agreement, Sunsbest may request a down payment of up to 50% of the agreed amount.
The customer must have made subsequent payments within 14 days after delivery.
Payment terms are considered fatal payment terms. This means that if the customer has not paid the agreed amount by the last day of the payment term, he is legally in default and in breach, without Sunsbest having to send the customer a reminder or put him in default.
Sunsbest reserves the right to make a delivery dependent on immediate payment or to demand security for the total amount of the services or products.
Products are paid for immediately.
When entering into an agreement for a service, Sunsbest may request a down payment of up to 50% of the agreed amount.
The customer must pay invoices to Sunsbest within 14 days of the invoice date, unless the parties have made other arrangements or a different payment term is stated on the invoice.
Payment terms are considered fatal payment terms. This means that if the customer has not paid the agreed amount by the last day of the payment term, he is legally in default and in breach, without Sunsbest having to send the customer a reminder or put him in default.
Sunsbest reserves the right to make a delivery dependent on immediate payment or to demand security for the total amount of the service.

Consequences of not paying on time

If the customer does not pay within the agreed term, Sunsbest is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted as a whole month.
If the customer is in default, he is also liable to pay extrajudicial collection costs and any compensation to Sunsbest.
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the customer does not pay on time, Sunsbest may suspend its obligations until the customer has fulfilled his payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, Sunsbest’s claims on the customer are immediately due and payable.
If the customer refuses to cooperate with the execution of the agreement by Sunsbest, he is still obliged to pay the agreed price to Sunsbest.

Right of complaint

As soon as the customer is in default, Sunsbest is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
Sunsbest invokes the right of complaint by means of a written or electronic communication.
Once the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Sunsbest, unless the parties make other arrangements in this regard.
The costs of retrieving or returning the products will be borne by the customer.

Right of withdrawal

A consumer can cancel an online purchase during a reflection 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 hygiene reasons (underwear, swimwear, etc.)
the seal is still intact, in the case of data carriers with digital content (DVDs, CDs, etc.)
the product or service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity
the product is not a loose magazine or loose newspaper
it does not concern an (order for) emergency repair
it does not concern bets and/or lotteries
the consumer has not waived his right of withdrawal
it does not concern a service that is fully performed with the customer’s consent within the 14 calendar day cooling-off period and for which the customer has expressly declared that he waives the right of withdrawal

The 14-day reflection period 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 concluded the agreement for the delivery of the service
- once the consumer has confirmed that he will purchase digital content via the internet
The consumer can make his/her appeal to the right of withdrawal known via klantenservice@sunsbest.nl, if desired using the withdrawal form that can be downloaded from the Sunsbest website, https://sunsbest.nl.
The consumer is obliged to return the product to Sunsbest within 14 days after notification of his right of withdrawal, otherwise his right of withdrawal will lapse.

Reimbursement of delivery costs

If the consumer has made timely use of his right of withdrawal and as a result has returned the entire order to Sunsbest on time, Sunsbest will refund any shipping costs paid by the consumer within 14 days of receipt of the order that has been returned in full on time.
Delivery costs will only be borne by Sunsbest if the entire order is returned.

Reimbursement of return costs
If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the entire order will be borne by the consumer.

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

Right of retention

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

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

Retention of title

Sunsbest remains the owner of all delivered products until the customer has fully complied with all its payment obligations towards Sunsbest under any agreement concluded with Sunsbest, including claims relating to failure to comply.
Until then, Sunsbest can invoke its right of retention of title and take back the goods.
Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
If Sunsbest invokes its right of retention of title, the agreement will be deemed to have been terminated and Sunsbest will be entitled to claim damages, lost profits and interest.

Delivery

Delivery will take place while stocks last.
Delivery will take place at the address specified by the customer, unless the parties have agreed otherwise.
Delivery of products ordered online will take place at the address specified by the customer.
If the agreed amounts are not paid or not paid on time, Sunsbest has the right to suspend its obligations until the agreed portion has been paid.
In the event of late payment, the creditor is in default, with the result that the customer cannot object to late delivery to Sunsbest.

Delivery time

The delivery times stated by Sunsbest are indicative and do not entitle the customer to cancellation or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
The delivery time commences at the moment that the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation from Sunsbest.
Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Sunsbest cannot deliver within 14 days after written notice to do so 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.

Transport costs
Transport costs are for the account of the customer, unless the parties have agreed otherwise.

Packaging and shipping

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

Insurance

The customer undertakes to adequately insure and keep insured the following items against, among other things, fire, explosion and water damage as well as theft:
- delivered goods that are necessary for the performance of the underlying agreement
- Sunsbest items that are present at the customer’s premises
- goods delivered under retention of title
The customer shall provide Sunsbest with the policy of these insurances for inspection at its first request.

Storage

If the customer receives ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
Any additional costs resulting from premature or late collection of products will be borne entirely by the customer.

Warranty

When parties have entered into an agreement with a service-oriented nature, this only contains an obligation of effort for Sunsbest and therefore no obligation of result.
The warranty with respect to products applies only to defects caused by defective manufacturing, construction or material.
The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, modifications to the product, negligence or improper use by the customer, or if the cause of the defect cannot be clearly determined.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties shall pass to the customer at the time when they are legally and/or actually delivered, or at least come into the possession of the customer or of a third party who receives the product on behalf of the customer.

Execution of the agreement

Sunsbest will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
has the right to have the agreed services (partially) performed by third parties.
The agreement will be implemented in mutual consultation and after written agreement and payment of any agreed advance payment by the customer.
It is the customer’s responsibility to ensure that Sunsbest can commence the execution of the agreement in a timely manner.
If the customer has not ensured that Sunsbest can commence the execution of the agreement in a timely manner, any additional costs and/or additional hours resulting from this will be charged to the customer.

Information provided by the customer

The customer shall make all information, data and documents relevant to the correct execution of the agreement available to Sunsbest in a timely manner and in the desired form and manner.
The customer is responsible for the correctness, completeness and reliability of the information, data and documents provided, even if these originate from third parties, unless the nature of the agreement dictates otherwise.
If and to the extent that the customer requests this, Sunsbest will return the relevant documents.
If the customer does not, does not timely or does not properly provide the information, data or documents reasonably requested by Sunsbest and the execution of the agreement is delayed as a result, the resulting additional costs and additional hours will be charged to the customer.

Duration of the agreement concerning a service

The agreement between Sunsbest and the customer regarding a service or services is entered into for a period of 1 year, unless the nature of the agreement dictates otherwise or the parties have expressly agreed otherwise in writing.
After the expiry of the period referred to in paragraph 1 of this article, the agreement will be tacitly converted into an agreement for an indefinite period, unless one of the parties terminates the agreement with due observance of a notice period of 2 months, or a consumer terminates the agreement with due observance of a notice period of 1 (one) month, whereby the agreement ends by operation of law.
If the parties have agreed on a term for the completion of certain activities within the term of the agreement, this is never a fatal term. If this term is exceeded, the customer must give Sunsbest written notice of default.

Termination of fixed-term service agreement

The customer or consumer may not terminate an agreement concerning a service entered into for a fixed period earlier than after 1 (one) year.
After the minimum term of 1 (one) year, the aforementioned agreement can be terminated by the customer with a notice period of 3 months.
After the minimum term of 1 (one) year has expired, the aforementioned agreement can be terminated by a consumer with a notice period of 1 (one) month.
If the agreement concerning a service has been entered into for less than 1 (one) year, the agreement cannot be terminated prematurely.

Confidentiality

The customer shall keep confidential any information (in whatever form) received from Sunsbest.
The same applies to all other information concerning Sunsbest of which the customer knows or could reasonably suspect that it is secret or confidential, or of which he could expect that its distribution could harm Sunsbest.
The customer shall take all necessary measures to ensure that he also keeps the information referred to in paragraphs 1 and 2 confidential.
The confidentiality obligation 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 duty of confidentiality
- which is made public by the customer on the basis of a legal obligation
The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiry.

Penalty clause

If the other party violates the article of these general terms and conditions regarding confidentiality or intellectual property, he shall forfeit an immediately due fine for each violation for the benefit of the 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 will be €5,000.

In addition, the other party shall forfeit an amount of 5% of the amount referred to in paragraph 1 for each day that the violation continues.
Forfeiture of this fine does not require prior notice of default or legal proceedings. Nor does it require any form of damage.
The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of Sunsbest, including its right to claim damages in addition to the fine.

Indemnification
The customer indemnifies Sunsbest against all claims from third parties relating to the products and/or services supplied by Sunsbest.

Complaints

The customer must examine a product or service supplied by Sunsbest as soon as possible for any deficiencies.
If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Sunsbest of this as soon as possible, but in any case within 1 month after discovering the shortcomings.
Consumers must inform Sunsbest of any deficiencies within 2 months of discovering them.
The customer must provide as detailed a description as possible of the shortcoming, so that Sunsbest is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this may in any case not lead to Sunsbest being obliged to perform work other than that agreed upon.

Notice of default

The customer must notify Sunsbest of any notice of default in writing.
It is the customer’s responsibility to ensure that a notice of default actually reaches Sunsbest (on time).

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

Liability

Sunsbest is only liable for any damage suffered by the customer if and to the extent that such damage is caused by intent or deliberate recklessness.
If Sunsbest is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
Sunsbest is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.
If Sunsbest is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance and in the absence of (full) payment of the amount of damages by an insurance company, the liability is limited to the (part of the) invoice amount to which the liability relates.
All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and are only approximate and cannot give rise to compensation and/or (partial) termination of the agreement and/or suspension of any obligation.

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

Right of withdrawal

The customer has the right to terminate the agreement if Sunsbest is culpably in breach of its obligations, unless this breach, given its special nature or minor significance, does not justify termination.
If Sunsbest’s compliance with its obligations is permanently or temporarily impossible, dissolution can only take place after Sunsbest is in default.
Sunsbest has the right to terminate the agreement with the customer if the customer does not fully or timely fulfil his obligations under the agreement, or if Sunsbest has become aware of circumstances that give it good reason to fear that the customer will not be able to properly fulfil his obligations.

Force majeur

In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Sunsbest to fulfil any obligation towards the customer cannot be attributed to Sunsbest in a situation beyond the control of Sunsbest, which prevents the fulfilment of its obligations towards the customer in whole or in part or which makes the fulfilment of its obligations unreasonably impossible.
The force majeure situation referred to in paragraph 1 also includes – but is not limited to: state of emergency (such as civil war, uprising, riots, natural disasters, etc.); default and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a force majeure situation occurs as a result of which Sunsbest cannot fulfil one or more obligations to the customer, those obligations will be suspended until Sunsbest can fulfil them again.
From the moment that a force majeure situation has lasted for at least 30 calendar days, either party may terminate the agreement in writing in whole or in part.
In the event of force majeure, Sunsbest is not liable for any compensation (for damages), even if it enjoys any benefit as a result of the force majeure situation.

Amendment of the agreement

If, after the conclusion of the agreement, it appears necessary to change or supplement its content for its execution, the parties shall adjust the agreement accordingly in a timely manner and in mutual consultation.
The previous paragraph does not apply to products purchased in a physical store.

Changes to general terms and conditions

Sunsbest is entitled to change or supplement these general terms and conditions.
Minor changes may be made at any time.
Sunsbest will discuss major substantive changes with the customer in advance as much as possible.
Consumers are entitled to terminate the agreement in the event of a material change to the general terms and conditions.

Transfer of rights

Customer rights under an agreement between the parties may not be transferred to third parties without the prior written consent of Sunsbest.
This provision applies as a clause with property law effect as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.

Consequences of nullity or voidability

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

Applicable law and competent court

Dutch law applies exclusively to any agreement between the parties.
The Dutch court in the district where Sunsbest is established / practices / has an office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

Created on May 16, 2024.

general terms and conditions Sunsbest

General terms and conditions Sunsbest