Algemene Voorwaarden

     General terms and conditions

FAMBZ

Article 1. Definitions

In these general terms and conditions, the following terms shall have the following meanings:

  1. FAMBZ: the enterprise as defined in article 2 of these general terms and conditions;
  2. Other Party: the legal entity with which FAMBZ concludes or intends to conclude an Agreement;
  3. Consumer: the Other Party, not acting in the course of a profession or business with which FAMBZ concludes or intends to conclude an Agreement;
  4. Agreement: any agreement between FAMBZ and the Other Party for the sale of goods by FAMBZ to the Other Party or Consumer;
  5. Parties: the Other Party or Consumer and FAMBZ together;
  6. In Writing: notification by e-mail or by post;
  7. Third Party(ies): other natural or legal persons who are not part of this Agreement;
  8. Products: all Products offered by FAMBZ online. This may include, but is not limited to, massage items.
     

Article 2. FAMBZ

Name company: FAMBZ
Street name and number: Nijverheidsweg 1-D         
Postal code and city: 6651 KS Druten
Telephone number: +31 6 82298588
KvK number: 78001552
 

Article 3. General provisions

  1. These general terms and conditions apply to all offers and all (legal) acts of FAMBZ and to all Agreements concluded between FAMBZ and the Other Party.
  2. If the Agreement is concluded electronically, then, contrary to the previous paragraph, and before the Agreement is concluded, the text of these general terms and conditions will be made available to the Other Party electronically in such a way that it can be easily stored by the Other Party on a durable data carrier. If this is not reasonably possible, then before the Agreement is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that, at the request of the Other Party, they will be sent electronically or otherwise free of charge.
  3. Unless expressly agreed upon otherwise In Writing, the applicability of other general conditions is excluded.
  4. Deviations from or additions to these general terms and conditions shall only be valid if expressly agreed upon In Writing.
  5. If and insofar as no appeal can be made to any provision of these general terms and conditions on the grounds of reasonableness and fairness or its unreasonably onerous nature, the provision in question will in any case be accorded a meaning corresponding as closely as possible to its content and purport, so that an appeal can be made to it.
  6. FAMBZ cannot guarantee that the work it carries out will always achieve the result desired by the Other Party. The Agreement leads to an effort commitment and not to a result commitment.
  7. FAMBZ is entitled to engage Third Parties for the execution of the Agreement.
  8. FAMBZ is an authorized European retailer of massage products. FAMBZ has all the necessary certificates proving that FAMBZ sells safe products. Questions about this can be sent to support@fambz.nl.

Article 4. The offer

  1. If an offer has a limited period of validity or is made subject to conditions, then this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the Products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the Other Party. If FAMBZ uses images, these are a true reflection of the Products offered. Obvious errors or mistakes concerning, for example, the amounts displayed are not binding on FAMBZ.

Article 5. The Agreement

  1. The Agreement is concluded at the moment the Other Party accepts the offer and fulfills the conditions, if any, laid down in that offer.
  2. If any provision of these general terms and conditions or an Agreement proves to be invalid or is voided, then this shall not affect the validity of the general terms and conditions or the Agreement as a whole. The parties shall consult together in order to agree upon a new provision to replace the void or voided provision, taking into account, as far as possible, the objective and purport of the void or voided provision.
  3. FAMBZ reserves the right not to execute an agreement, for example if it has reasonable doubt or information that the Other Party will not (be able to) meet its (financial) obligations. If FAMBZ refuses to execute, it will inform the Other Party in Writing of this refusal within a reasonable time after entering into the agreement.
  4. These general conditions also apply to future, additional and/or follow-up assignments.
  5. Agreed upon delivery dates are always indicative. The delivery periods are not final deadlines. Exceeding a period therefore does not give the Other Party a right to any sorts of compensation.
  6. If the Other Party has accepted the offer electronically, FAMBZ will immediately confirm receipt of acceptance of the offer electronically.

Article 6. Right of withdrawal

  1. The Other Party or a Consumer may dissolve a remote Agreement or an Agreement concluded outside the sales space without giving reasons until a period of 45 (forty-five) days has passed, after:
    1. In case of a contract for the provision of services: the day of the conclusion of the contract. This right of withdrawal expires when the execution of the service, with the consent of the Consumer, has started before the end of this reflection period;
    2. In case of a Consumer purchase: the day on which the Consumer or a third party appointed by the Consumer, who is not the carrier, has received the goods.
  2. Consumers must return the Product in a sealed package, otherwise the right of withdrawal is excluded under article 6:230p sub f under 3 of the Dutch Civil Code.
  3. If the Consumer can make use of its right of withdrawal, the Consumer must ensure that the Product is returned.

Article 7. Extension of the right of withdrawal for Products in the absence of information on the right of withdrawal.

  1. If FAMBZ has not provided the Consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
  2. If FAMBZ has provided the Consumer with the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period will expire 30 days after the day on which the Other Party received this information.

Article 8. Exercise of the right of withdrawal

  1. Other party returns the Product with all accessories, if reasonably possible in original condition and packaging, and according to the reasonable and clear instructions provided by FAMBZ.
  2. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Other Party.
  3. If the Other Party and/or Consumer have ordered within Europe, the Other Party and Consumer shall bear the direct costs of returning the Product, unless the Other Party or Consumer has ordered Products for at least €150 (one hundred and fifty).
  4. If an order has to be delivered outside Europe, the Other Party and/or Consumer always pays the direct costs of returning the Product.

Article 9. Dissolution

  1. If the Other Party and/or Consumer does not fulfil one or more of its obligations, or does not fulfil them on time or adequately, is declared bankrupt, applies for (temporary) suspension of payments and/or deferral of payments, proceeds to liquidate its business, or if its assets are seized in whole or in part, FAMBZ has the right to suspend the execution of the agreement or to terminate and/or dissolve the agreement by operation of law and without prior notice of default in whole or in part by means of a Written statement, all this at its discretion and always without prejudice to any of its rights to compensation for costs, damages and interest.
  2. If the agreement is terminated on the grounds of force majeure, FAMBZ is entitled to payment for the hours already worked or the investments already made at the time of the termination of the agreement.

Article 10. Liability

In case the other party is a Consumer:

  1. The total liability of FAMBZ is limited to compensation for damage up to the amount of the fee (excluding VAT) stipulated for that agreement. Under no circumstances will the total compensation for damage amount to more than the amount to be paid out by the liability insurance of FAMBZ.
  2. Not limited is the liability of FAMBZ for damage caused by intent or gross negligence of FAMBZ.In case the Other Party is acting in the course of a profession or business:
  1. FAMBZ is not liable for indirect and direct damages. Not excluded is the liability of FAMBZ for damages resulting from intent or gross negligence of FAMBZ.
  2. If FAMBZ is nevertheless liable for direct damage, FAMBZ's total liability will be limited to compensation for damage up to the amount of the fee (excluding VAT) stipulated for the agreement.
  3. The amount of the compensation shall never exceed the amount paid out by the liability insurance.
  4. If the agreement is a continuing performance contract with a term of more than six months, the fee stipulated for that contract will be set at the total of the fees (excluding VAT) for the past six months.
  5. Direct damage is understood to mean:
    1. Reasonable costs that the Other Party would have to make to make the performance of FAMBZ to meet the agreement; however, this replacement damage will not be compensated if the Agreement is dissolved by or at the suit of the Other Party;
    2. Reasonable costs incurred in determining the cause and extent of the damage insofar as the determination relates to damage within the meaning of these terms and conditions;
    3. Reasonable costs incurred to prevent or limit damage insofar as the Other Party demonstrates that these costs have led to limitation of damage within the meaning of these terms and conditions.
  6. The Other Party indemnifies FAMBZ for any claims by Third Parties, who suffer damage in connection with the execution of the Agreement.

General provisions on liability:

  1. The existence of any right to compensation is always conditional upon the Other Party or Consumer reporting the damage In Writing to FAMBZ as soon as possible after the damage arose. Each claim for compensation against FAMBZ expires by the mere lapse of 12 (twelve) months after the claim arose.
  2. FAMBZ is not liable for damage caused by auxiliary persons as referred to in Article 6:76 of the Dutch Civil Code.
  3. FAMBZ is not liable for damage of any kind, because FAMBZ has relied on incorrect and/or incomplete information provided by the Other Party or Consumer.

Article 11. Force majeure

  1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by FAMBZ to comply with any obligation towards the Other Party or Consumer cannot be attributed to FAMBZ in the event of a circumstance independent of the will of FAMBZ, as a result of which the compliance with its obligations towards the Other Party or Consumer is wholly or partially impeded or as a result of which the compliance with its obligations cannot reasonably be required from FAMBZ. These circumstances include non-performance by suppliers or other Third Parties, (power) failures, computer viruses, extreme weather conditions, fire (danger), (imminent) danger of war, pandemics, epidemics, quarantines, absenteeism, disability, strikes, government measures and the failure of vehicles with which the Products must be transported or assembled.
  2. If a situation as referred to in paragraph 1 of this article occurs as a result of which FAMBZ cannot fulfil its obligations towards the Other Party or Consumer, these obligations will be suspended for as long as FAMBZ cannot fulfil its obligations. If the situation referred to in the previous sentence has lasted 45 (forty-five) calendar days, both Parties are entitled to dissolve the agreement in whole or in part in Writing. In that case, FAMBZ will not be obliged to pay compensation for any damage, even if FAMBZ gains any advantage as a result of the force majeure situation.

Article 12. Guarantee

  1. FAMBZ guarantees that the Products meet the Agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations.
  2. The warranty periods for the Products of FAMBZ are in principle 1 (one) year.
  3. The warranty does not apply if:
    1. The Other Party has installed, repaired and/or processed the delivered Products itself or has had them installed, repaired and/or processed by Third Parties;
    2. The delivered Products have been exposed to abnormal conditions or otherwise carelessly treated or contrary to the instructions of FAMBZ and / or on the packaging;
    3. The inadequacy is wholly or partly the result of regulations which the government has laid down or will lay down with regard to the nature or quality of the materials used.

Article 13. Subscription for extra Guarantee

  1. The Other Party or Consumer can purchase additional guarantees from FAMBZ. For this purpose, FAMBZ offers three forms of additional warranty:
    1. FAMBZCARE+

With this subscription, the Consumer receives, in deviation from article 12, paragraph 2, 3 years warranty;

    1. FAMBZCARE++

This subscription entitles the Consumer to a 4-year warranty, contrary to article 12, paragraph 2;

    1. FAMBZCARE +++

With this subscription, the Consumer receives, in deviation from article 12, paragraph 2, a 5-year warranty;

  1. After the expiration of the guarantee period referred to in article 12, paragraph 2, but before the expiration of the period based on the chosen subscription referred to in this article, the Other Party is not entitled to a refund of the purchase price or an exchange of the Product. The Other Party will receive a credit voucher from FAMBZ, which represents the value of the purchase price at least. The Consumer will receive money back before the expiration of the guarantee period referred to in article 12, paragraph 2. Before the expiration of the period based on the chosen subscription referred to in this article, the Consumer will receive a credit voucher from FAMBZ, which represents the value of the purchase price at least. The warranty does not apply if:
    1. The Other Party or Consumer has installed, repaired and/or processed the delivered Products itself or has had them installed, repaired and/or processed by Third Parties;
    2. The delivered Products have been exposed to abnormal conditions or otherwise carelessly treated or contrary to the instructions of FAMBZ and / or on the packaging;
    3. The inadequacy is wholly or partly the result of regulations which the government has laid down or will lay down with regard to the nature or quality of the materials used.
    4. The warranty does not apply if there is external damage, while the Product works as can be expected of the Product.

Article 14. Fee/Price

  1. All amounts are in Euros and exclusive of sales tax and other government levies, unless otherwise stated.
  2. FAMBZ reserves the right to make an inflation correction once a year.
  3. The agreed amounts are based on cost price determining factors at the time of the offer. FAMBZ reserves the right to pass on to the Other Party, 3 (three) months after concluding the agreement, any changes in cost price determining factors over which FAMBZ has no reasonable influence, such as increases in excise duties, social security contributions, insurance payments or turnover tax, up to a maximum of 20% of the original amount.
  4. A compound quotation does not oblige FAMBZ to execute a part of the assignment for a corresponding part of the quoted amount.
  5. Discounts and quoted amounts do not automatically apply to future orders.

Article 15. Payment and invoicing

  1. Insofar as not otherwise provided for in the agreement or supplementary conditions, the amounts owed by the Other Party or Consumer must be paid within 30 (thirty) days after the invoice date.
  2. The Other Party or Consumer has the duty to report inaccuracies in data provided or specified payment immediately to FAMBZ.
  3. If the Other Party does not meet its payment obligation(s) in time, this will be pointed out by FAMBZ and the Other Party will be given a period of 7 (seven) days to meet its payment obligations. If payment is not made within this seven-day period, the Other Party will be in default and will owe the statutory (commercial) interest on the outstanding amount. Furthermore, FAMBZ is entitled to charge extrajudicial collection costs.
  4. In the case of a Consumer, notwithstanding paragraph 3, a period of 14 (fourteen) days applies.
  5. In the event of (a reasonable prospect of) bankruptcy, liquidation or suspension of payments or a debt restructuring within the framework of the WSNP, the claims of FAMBZ on the Other Party or Consumer and the obligations of the Other Party or Consumer towards FAMBZ are immediately due and payable.
  6. Payments made by the Other Party or Consumer shall first be applied to settle all interest and costs due, and secondly to settle due and payable invoices that have been outstanding the longest, even if the Other Party or Consumer indicates that the payment relates to a later invoice.
  7. Subscription forms as referred to in article 13 of these general terms and conditions can be paid monthly or in one lump sum. This will be further agreed in the Agreement.

Article 16. Delivery

  1. The place of delivery is the address that the Other Party or Consumer has made known to FAMBZ.
  2. If the Other Party or Consumer orders before 17:00 today, FAMBZ makes every effort to deliver (or have delivered) the order to the Other Party or Consumer the next day. This only applies to deliveries within The Netherlands.
  3. If the Other Party or Consumer orders before 17:00 today, FAMBZ makes every effort to deliver (or have delivered) the order to the Other Party or Consumer within 3 (three) days. This only applies to deliveries within the European Union except for The Netherlands.
  4. The periods referred to in paragraphs 2 and 3 of this article are estimates and not concrete commitments. The terms mentioned can therefore never lead to an obligation of result for FAMBZ, at the most to an obligation of effort.
  5. If delivery of an ordered Product proves impossible, FAMBZ will make every effort to provide a replacement Product. No later than the delivery will be - in a clear and comprehensible manner - reported that a replacement item is delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the customer.
  6. The risk of damage and / or loss of Products rests with FAMBZ until the time of delivery and placement with the Other Party or a previously designated and FAMBZ announced representative, unless otherwise expressly agreed.
  7. All delivery periods are indicative. The Other Party may not derive any rights from any periods stated. Exceeding a term does not give the Other Party a right to compensation.

Article 17. Complaints

  1. The Other Party or Consumer can no longer invoke a defect in the performance if it has not protested to FAMBZ within 2 (two) months of discovering the defect or when it should reasonably have discovered it. If there is a visible defect on delivery, a period of 48 (forty-eight) hours applies.
  2. The Other Party must give FAMBZ at least 4 (four) weeks to resolve the complaint in mutual consultation.
  3. If a complaint is not reported to FAMBZ within the time limits mentioned in the previous paragraphs, the Product is deemed to comply with the agreement and to function in accordance with the agreement.
  4. Complaints do not suspend the Other Party's payment obligation.

Article 18. Transfer

  1. Rights of the Other Party and/or Consumer under this agreement cannot be transferred without the prior Written consent of FAMBZ. This provision is a clause with effect under property law as referred to in Article 3:83 (2) of the Dutch Civil Code.

Article 19. Retention of title

  1. The ownership of the delivered goods will only be transferred to the Other Party when all amounts owed by the Other Party to FAMBZ on account of deliveries or work have been paid in full.
  2. In such a case, FAMBZ will be entitled to unhindered access to the Product. The Other Party will grant all cooperation to FAMBZ in order to give FAMBZ the opportunity to exercise the retention of title included in paragraph 1 by taking back the Product, including any dismantling required for that purpose.
  3. The ownership of all goods sold and delivered by FAMBZ to the Other Party will remain with FAMBZ as long as the Other Party has not paid the claims arising from the agreement or previous or subsequent similar agreements, as long as the Other Party has not paid the work performed or to be performed under these or similar agreements and as long as the Other Party has not paid the claims of FAMBZ due to failure in the fulfillment of such obligations, including claims relating to fines, interest and costs, all this as referred to in article 3:92 of the Dutch Civil Code.
  4. The Other Party is not authorized to pledge or otherwise encumber the items falling under the retention of title.
  5. The Other Party hereby grants unconditional and irrevocable permission to FAMBZ or a Third Party to be appointed by FAMBZ, in all cases in which FAMBZ wishes to exercise its property rights, to enter all those places where its property will be located and to take those goods with them.
  6. If Third Parties seize goods delivered under retention of title or wish to establish or assert rights over them, the Other Party is obliged to inform FAMBZ as soon as may reasonably be expected.

Article 20. Intellectual Property

  1. All intellectual property rights relating to and/or resulting from the services provided by FAMBZ are vested in FAMBZ. The Other Party only obtains the user rights that are explicitly granted by these conditions and the law. Any other or further rights of the Other Party are excluded.
  2. The documents provided by FAMBZ to the Other Party or Consumer are exclusively intended to be used by the Other Party or Consumer. The Other Party or Consumer is not allowed to publish and/or reproduce the obtained information in whatever form. This includes editing, selling, making available, distributing and integrating - whether or not after editing - in networks, except that such disclosure and/or Reproduction is permitted in Writing by FAMBZ and/or such disclosure and/or Reproduction arises from the nature of the agreement with FAMBZ.
  3. FAMBZ reserves the right to use the knowledge acquired in the execution of the work for other purposes, provided that no confidential information of the Other Party is provided to Third Parties.
  4. Unless otherwise agreed upon, the Other Party or Consumer is not authorized to grant sub-licenses to Third Parties.
  5. FAMBZ has the right to use the name and logo of the Other Party as a reference or promotion.
  6. The Other Party indemnifies FAMBZ for the claims of Third Parties concerning intellectual property rights.
  7. If FAMBZ has copyright on a portrait commissioned by the Other Party, the Other Party grants FAMBZ permission to publish the work. This publication is therefore not an infringement of the portrait right of the Other Party.
  8. If the Other Party acts in violation of this article, the Other Party will owe an immediately payable penalty equal to three times the stipulated amount for that agreement, without prejudice to FAMBZ's right to compensation.
  9. If a Consumer in violation of this article, the Consumer will owe an immediately payable penalty of €500 (five hundred) without prejudice to FAMBZ's right to compensation.

Article 21. Management of technical services

  1. FAMBZ is at all times entitled to make changes to the technical facilities with regard to the services.
  2. The Other Party or Consumer will act and behave in accordance with what may be expected from a responsible and careful user of the service(s).
  3. The Other Party or Consumer is always responsible for any use - including unauthorized use - that is made of the rights of use and access granted to it and will act and behave in accordance with what may be expected from a responsible and careful Internet user.
  4. The Other Party or Consumer will at all times follow the instructions given by FAMBZ for the use of the service(s).
  5. FAMBZ is entitled to change the non-technical facilities of its services. The Other Party or Consumer cannot claim compensation or damages, but has the right to terminate the Agreement as of the date of the announced change.
  6. FAMBZ reserves the right to discontinue/remove technical services if these services cause a disruption and/or delay to the system. FAMBZ will assess whether there is a disruption and/or delay and can, without prior notice to the Other Party or Consumer, block the technical services or take other measures to eliminate the disruption and/or delay.
  7. FAMBZ is entitled, without prior notice, to put its services (temporarily) out of use or to limit the use of the services insofar as this is necessary for the reasonably required maintenance or for the necessary adjustments or improvements to the services to be carried out by FAMBZ, without this giving rise to a right to compensation from the Other Party or Consumer towards FAMBZ.

Article 22. Set-off and suspension

  1. The Other Party's right of suspension and right of set-off are excluded when the Other Party is a legal entity.

Article 23. Applicable law

  1. Agreements between FAMBZ and the Other Party or Consumer to which these general terms and conditions apply, will be governed exclusively by Dutch law.
  2. Application of the Vienna Sales Convention is explicitly excluded.
  3. Disputes between Parties will be resolved as much as possible through proper consultation. All disputes between the Other Party or Consumer and FAMBZ will be settled exclusively by the competent court in the district where FAMBZ has its registered office.

Article 24. Survival

  1. The provisions of the general conditions and the agreement which are intended to remain in force after termination of the agreement shall remain in full force after the termination of the agreement.

Article 25. Amendment or supplementation

  1. FAMBZ is entitled to unilaterally amend or supplement these general terms and conditions. In that case, FAMBZ will inform the Other Party or Consumer in time of the changes or additions.
  2. There will be a minimum of 30 (thirty) days between this notification and the entry into force of the amended or supplemented conditions.
  3. If the amendment gives FAMBZ the authority to deliver a performance that differs substantially from the promised performance, the Consumer is entitled to refuse the amended conditions or to dissolve the Agreement.

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