Terms and conditions.
The General Terms and Conditions of Vuewer apply to all our offers and agreements. If you have any questions regarding our terms and conditions, please feel free to contact us.
The General Terms and Conditions of Vuewer apply to all our offers and agreements.
The content of this site, the data, images, sounds, texts and combinations thereof contained therein and the software are protected by copyright and database rights. Without prior written permission from Vuewer, it is not permitted to copy this site or any part thereof.
Despite the constant care and attention that is paid to the composition of this site and the data contained therein, Vuewer cannot guarantee the completeness, correctness or continuous topicality of the data. Vuewer accepts no liability for any direct or indirect damage, of any nature whatsoever, arising from or in any way related to the use of the site, (in) accessibility of the site or software made available.
Any information placed on this site that comes from third parties only reflects the personal opinion of the relevant contributor. Vuewer is in no way responsible for the content thereof, nor for the access to or the information on any site that is linked from or to this site.
Copyright 2021 Vuewer, all rights reserved.
Article 1: Definitions
1. "Vuewer" is understood to mean: the company Vuewer., Established in Eindhoven, including all its companies and legal successors.
2. "Client" is understood to mean: the natural person or legal entity or its legal successor who has instructed Vuewer to manufacture goods or to perform work, or to issue an offer.
3. "Assignment" is understood to mean: the client's request to Vuewer to manufacture one or more items or to perform work against payment.
4. "Manufacturing of goods" is understood to mean: the manufacturing of a physical product or a product present on an information carrier or a so-called server.
5. "The goods manufactured by Vuewer" is understood to mean: a physical product or a product present on an information carrier or a so-called server.
6. "Performing work" is understood to mean: everything that Vuewer makes or undertakes or has made or undertakes for the client. This includes the development of a concept and idea, the delivery of a website and also the preparation of advice in the field of marketing and communication.
7. "Quotation" is understood to mean: the items to be manufactured or activities to be performed, specified to a greater or lesser extent, and the budget of the costs associated with those manufactured items or activities to be performed.
'Information carriers' are understood to mean: magnetic disks, optical disks and all other means intended for recording, editing, transmitting or reproducing or publishing texts, images or other data with the aid of equipment, all this in the broadest sense. of the word.
Article 2: Quotation
1. All quotations from Vuewer are an invitation to accept an offer. Vuewer always has the right not to accept an assignment.
2. All quotations issued by Vuewer are made at the expense of the client, unless otherwise agreed. Vuewer will determine the price for submitting the quotation in advance and notify the client in writing.
3. If it is agreed that a quotation will be made free of charge, Vuewer may make conditions or special agreements in writing. Non-compliance with these terms and conditions or special agreements by the client entails that the client is obliged to reimburse Vuewer for the actual costs, including wages, that have been made to realize the quotation.
4. Offers from Vuewer are based on the information provided by the client. The client provides all essential information for the assignment to the best of its knowledge.
Article 3: Agreement
1. An agreement with Vuewer is only concluded after the written order confirmation from Vuewer has been signed and returned by the client for approval.
2. The scope of the assignment is determined by its description in Vuewer's assignment confirmation, including all changes and additions that are later agreed in writing.
3. Changes to the assignment, after it has been issued, must be communicated by the client to Vuewer in writing in good time. If the changes are stated verbally, any adverse consequences of these changes will be for the account of the client.
4. The changes to the assignment are effective by and from their acceptance by Vuewer.
5. Any additional or less costs as a result of changes to the assignment will in principle be borne or credited to the client. Vuewer will inform the client in good time, but at least before the implementation of the changes, about any foreseeable additional costs. The additional costs are determined on the basis of subsequent calculation of the actual number of hours spent, whereby the subsequent calculation will be based on an hourly rate considered reasonable in the industry, unless otherwise agreed between the parties.
6. Changes to the order may result in the agreed delivery time being exceeded by Vuewer beyond its responsibility.
Article 4: Prices
1. All stated prices are exclusive of turnover tax (VAT), other levies imposed by the government and any shipping, transport and postage costs, unless otherwise agreed in writing.
2. The price stated in the agreement or quotation applies as a guide price. Vuewer reserves the right to invoice additional up to 10% of the agreed price on the basis of subsequent calculation. If there is a threat of a price exceedance of more than 10%, Vuewer will enter into consultations again as soon as possible after disclosure to reach a new agreement. Client is obliged to renegotiate with Vuewer. If no new agreement is concluded, the client is in any case obliged to reasonably pay for the work performed up to that moment. Vuewer in any case reserves the right to execute the assignment for the original fee, including the maximum subsequent calculation.
3. Reasons for subsequent calculation as referred to in the previous paragraph may be: changes in the prices, before delivery, of raw materials, wages, the monetary relations between the Dutch and foreign currencies, import duties, taxes and other factors that influence the cost price, as well as additional work that was unforeseen for Vuewer at the time of entering into the agreement.
4. The limitation of paragraph 2 of this article of 10% price overrun does not apply if the client fails in its obligation to provide information to Vuewer as referred to in article 2, paragraph 4, or in the event that the client otherwise fails in its obligation to cooperate towards Vuewer. Vuewer is obliged to enter into consultation with the client when such a case occurs and will then determine a new price in accordance with reasonableness and fairness.
5. As a result of the provisions of art. 3, 3, 4 and 5, in the event of an amendment to the agreement, the maximum price exceeding of 10% from paragraph 2 of this article does not apply. If the price increase due to a change in the agreement exceeds 10%, Vuewer will, after consultation with the client, determine a new price on the basis of reasonableness and fairness.
6. If no price has been agreed between the parties, but the parties have concluded one or more agreements with the same or virtually the same content in the year prior to the agreement, the price will be calculated on the basis of the production methods used and the calculation rates applied. .
7. If no price has been agreed between the parties outside the application of the provisions of the previous paragraph of this article, if a price has only been issued by way of estimate or if the agreed price can be changed under these general terms and conditions, the price or the change respectively determined on the basis of actual costs, based on the hours spent by Vuewer. This subsequent calculation will be based on an hourly rate that is considered reasonable in the industry.
Article 5: Payment
1. Vuewer ensures timely invoicing. Partial invoicing is possible at any time.
2. Vuewer is entitled prior to or to continue the assignment by means of a
require one or more deductible advances from the invoice. In the absence of payment, Vuewer is entitled not to commence or suspend its activities or to dissolve the agreement.
3. Invoices must be paid within 30 days of the invoice date, in Euro, to an account to be designated by Vuewer.
4. In the event of late payment, the client is in default by operation of law and, even without notice of default to this effect, owes default interest equal to the applicable statutory interest from the due date. If Vuewer hands over its claim against the client for collection, the client will owe all judicial and extrajudicial costs associated with collection, whereby the extrajudicial collection costs are fixed by the parties at 15% of the principal sum and interest with a minimum of EUR 112.50. exclusive of VAT.
5. The Client must notify Vuewer in writing and with reasons within 14 days of the invoice date, if any objections to the invoice from Vuewer, failing which the Client is deemed to have agreed to the amount of the invoice.
Article 6: Delivery
1. When commissioned, Vuewer will determine a delivery period in consultation with the client. Vuewer will comply with the specified delivery times to the best of its ability.
2. These stated delivery times are indicative and can never be regarded as a deadline. The mere exceeding of a stated delivery time does not put Vuewer in default and does not entitle the client to compensation, dissolution of the agreement or non-fulfillment of any obligation towards Vuewer.
3. If there is a risk of a significant exceeding of the delivery time, Vuewer will contact the client as soon as possible in order to arrive at a solution that is acceptable to both parties.
4. In the case of composite offers, there is no obligation to deliver part of the total performance for the amount stated in the offer for this part or for a proportionate part of the price stated for the whole, unless expressly agreed otherwise in writing.
Article 7: Transfer of ownership
1. Vuewer reserves the ownership of all goods manufactured by Vuewer and results of work performed, until the time at which everything that the client owes Vuewer regarding deliveries has been paid.
Article 8: Ownership of means of production
2. All items manufactured by Vuewer, such as means of production, semi-finished products and aids, and in particular design drawings, models, information carriers, computer software, data files, photographic recordings and peripherals, remain the property of Vuewer, even if they appear as a separate item on the quotation. stated in the offer or on the invoice. Vuewer is not obliged to hand over the goods referred to in paragraph 1 to the client.
Vuewer is not obliged to keep the items referred to in the first paragraph of this article for the client. If Vuewer and the client agree that these items will be kept by Vuewer, this will be for a maximum period of one year and without Vuewer guaranteeing their suitability for repeated use. Any costs for the storage by Vuewer of the goods referred to in paragraph 1 will be borne by the client.
Article 9: Property of the client, right of pledge
1. Vuewer will keep the goods entrusted to him by the client in the context of the fulfillment of the agreement with the care of a good custodian.
2. Without prejudice to the provisions of the previous paragraph of this article, the client bears all risks with regard to the items referred to in paragraph 1 during the storage, unless a business insurance policy of Vuewer covers this risk. If desired, the client must take out insurance for this risk himself.
3. The client is obliged to ensure that a duplicate of these items is made prior to the provision to Vuewer of copy, a drawing, design, a photographic recording or an information carrier. The client must keep these items.
4. The client grants Vuewer a right of pledge on all matters that are placed under the control of Vuewer by him in the context of the fulfillment of the agreement with Vuewer, this as additional security for all that the client owes in whatever capacity and for whatever reason Vuewer, including non-due and conditional debts.
Article 10: Intellectual property
1. Reports or documents supplied in connection with consultancy or research work, as well as items manufactured by Vuewer, fall within the scope of the Copyright Act 1912.
2. The intellectual property rights to the material produced by Vuewer rest with Vuewer. Intellectual property is only transferred if explicitly agreed in writing and on the condition that the client pays the agreed fees within a reasonable period and in full.
3. The goods to be delivered or delivered by Vuewer according to its design, such as copy, type, design drawings, models, working and detail drawings, information carriers, computer software, data files, photographic recordings, lithographs, films and similar production and auxiliary materials, as well as a part thereof belonging to the essential of that design, may not be reproduced in the context of any production process without its written permission, even if or insofar as the design does not have any copyright or other legal protection for Vuewer.
4. Reports or documents as referred to in paragraph 1 may only be used by the client for internal use, unless the nature of the agreement dictates otherwise. For external use, such as publication or insight to non-employees, prior to the external use the express written permission of Vuewer is required.
5. Vuewer reserves the right to use results obtained on the basis of the assignment for its own use or for that of third parties, as long as this does not harm the interests of the client.
6. Vuewer will indemnify the client against claims from third parties, if and insofar as the client would infringe any industrial or intellectual property right of these third parties through the use of the goods manufactured by Vuewer.
7. In the event of a claim from a third party, the client is obliged to inform Vuewer about this in writing with due speed and, if requested, to provide all information and to lend cooperation that is necessary for the defense and / or settlement negotiations.