1. Haagsch Recherchebureau, located in The Hague under Chamber of Commerce No. 74655736.
2. Client: the person with whom Haagsch Recherchebureau has entered into an agreement.
3. Parties: Haagsch Recherchebureau and client together.
4. Consumer: a client who is also an individual and who acts as a private person.
1. These terms and conditions apply to all offers, activities, agreements and deliveries of services or products by or on behalf of Haagsch Recherchebureau.
2. Parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.
3. The parties expressly exclude the applicability of additional and/or different general terms and conditions of the client or third parties.
1. All prices used by Haagsch Recherchebureau are in euros, exclude VAT, any other costs such as administrative costs, levies and travel or transport costs, unless explicitly stated otherwise or otherwise agreed.
2. All prices that Haagsch Recherchebureau charges for its services, on its website or that are otherwise announced, can change at any time.
3. The price with regard to a service is determined by Haagsch Recherchebureau on the basis of the hours actually spent.
4. The price is calculated in accordance with the usual hourly rates of Haagsch Recherchebureau, valid for the period in which he performs the work, unless a different hourly rate has been agreed.
5. If the parties have agreed on a total amount for a service provided by Haagsch Recherchebureau, this is always a target price, unless the parties have expressly agreed in writing a fixed price, which cannot be deviated from.
6. Haagsch Recherchebureau is entitled to deviate from the target price by up to 10%.
7. If the target price is more than 10% higher, Haagsch Recherchebureau must let the client know in good time why a higher price is justified.
8. If the target price is more than 10% higher, the client has the right to cancel the part of the order that exceeds the target price plus 10%.
9. Haagsch Recherchebureau has the right to adjust prices annually.
10. Prior to its entry into force, Haagsch Recherchebureau will communicate price adjustments to the client.
11. The consumer has the right to terminate the agreement with Haagsch Recherchebureau if he does not agree to the price increase.
1. When entering into the agreement, Haagsch Recherchebureau may require a deposit of up to 50% of the agreed amount.
2. The client must have made payments afterwards within 14 days of delivery.
3. Payment terms are considered to be strict payment terms. This means that if the client has not paid the agreed amount by the last day of the payment term at the latest, he is in default and in default by operation of law, without Haagsch Recherchebureau having to send or give the client a reminder.
4. Haagsch Recherchebureau reserves the right to make a delivery subject to immediate payment or to require security for the total amount of the services or products.
1. If the client does not pay within the agreed period, Haagsch Recherchebureau 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 that the client is in default, with part of a month being counted as a whole month.
2. If the client is in default, he also owes extrajudicial collection costs and any compensation to Haagsch Recherchebureau.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the client does not pay in time, Haagsch Recherchebureau may suspend its obligations until the client has fulfilled its payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the client, Haagsch Recherchebureau's claims against the client are immediately due and payable.
6. If the client refuses to cooperate in the execution of the agreement by Haagsch Recherchebureau, he is still obliged to pay the agreed price to Haagsch Recherchebureau.
1. A consumer can cancel an online purchase without giving a reason during a cooling-off period of 14 days, provided that:
- it is not an (order for) emergency repairs
- the consumer has not waived his right of withdrawal
- it is not a service that is fully performed with the consent of the client within the 14 calendar days cooling-off period and where the client has expressly stated that he waives the right of withdrawal
2. The 14-day cooling-off period, as referred to in paragraph 1, commences:
- as soon as the consumer has concluded the agreement (delivery of the service)
- as soon as the consumer has confirmed that he is going to purchase digital content via the internet
3. The consumer can invoke the right of withdrawal via [email protected].
1. Unless the client is a consumer, the client waives the right to suspend compliance with any obligation arising from this agreement.
1. Unless the client is a consumer, the client waives his right to set off a debt to Haagsch Recherchebureau against a claim against Haagsch Recherchebureau.
1. The client undertakes to adequately insure and keep the following items insured against, among other things, fire, explosion and water damage as well as theft:
- delivered goods that are necessary for the execution of the underlying agreement
- Haagsch Recherchebureau cases that are present at the client's place
- goods delivered under retention of title
2. At the first request of Haagsch Recherchebureau, the client will provide the policy for these insurances for inspection.
1. Although Haagsch Recherchebureau makes every effort to carry out all assembly and/or installation work as well as possible, it bears no responsibility for this except in the case of intent or gross negligence.
1. When the parties have entered into a service agreement, it only contains a best efforts obligation for Haagsch Recherchebureau and therefore no obligation to result.
1. Haagsch Recherchebureau will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. Haagsch Recherchebureau has the right to have the agreed service (partially) provided by third parties.
3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the client.
4. It is the client's responsibility that Haagsch Recherchebureau can start implementing the agreement in time.
5. If the client has not ensured that Haagsch Recherchebureau can start executing the agreement in time, the resulting additional costs and/or extra hours will be borne by the client.
1. The client shall make all information, data and documents relevant to the correct execution of the agreement available to Haagsch Recherchebureau in a timely and desired form and manner.
2. The client guarantees the accuracy, completeness and reliability of the information, data and documents provided, even if they come from third parties, unless the nature of the agreement dictates otherwise.
3. If and insofar as the client so requests, Haagsch Recherchebureau will return the relevant documents.
4. If the client does not provide, not timely or properly, the information, data or documents reasonably required by Haagsch Recherchebureau and if the execution of the agreement is therefore delayed, the resulting additional costs and extra hours will be borne by the client.
1. The client can terminate an agreement for a service that has been entered into for an indefinite period at any time, subject to a notice period of 3 months.
2. A consumer has the right to terminate an agreement for a service indefinitely, subject to 1 month's notice.
1. The client keeps any information (in whatever form) that he receives from Haagsch Recherchebureau secret.
2. The same applies to all other information concerning Haagsch Recherchebureau that the client knows or can reasonably suspect is secret or confidential, or where he can expect that dissemination may cause damage to Haagsch Recherchebureau.
3. The client takes all necessary measures to ensure that he also keeps the information mentioned in paragraphs 1 and 2 confidential.
4. The confidentiality obligation described in this article does not apply to information: - that was already public before the client learned this information or that later became public without this being the result of a breach of the client's duty of confidentiality - that is made public by the client under a legal obligation.
5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiration.
1. If the other party violates the article of these general terms and conditions on confidentiality or intellectual property, he forfeits an immediately due penalty for each trade name offence.- if the other party is a consumer, this penalty amounts to €1,000 - if the other party is a legal person, this penalty amounts to €5,000.
2. In addition, the other party forfeits an amount of 5% of the amount specified in paragraph 1 for each day that violation continues.
3. The forfeiture of this penalty does not require prior notice of default or court proceedings. There also does not have to be any form of damage.
4. The forfeiture of the penalty referred to in paragraph 1 of this article does not affect the other rights of Haagsch Recherchebureau, including its right to claim compensation in addition to the penalty.
1. The client indemnifies Haagsch Recherchebureau against all third-party claims related to the products and/or services provided by Haagsch Recherchebureau.
1. The client must investigate a product or service provided by Haagsch Recherchebureau as soon as possible for any shortcomings.
2. If a delivered product or service does not meet what the client could reasonably expect from the agreement, the client must inform Haagsch Recherchebureau as soon as possible, but in any case within 1 month of finding the shortcomings.
3. Consumers must inform Haagsch Recherchebureau no later than 2 months after discovery of the shortcomings.
4. In doing so, the client provides as detailed a description as possible of the shortcoming, so that Haagsch Recherchebureau is able to respond appropriately to this.
5. The client must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this cannot in any case mean that Haagsch Recherchebureau can be obliged to carry out activities other than those agreed.
1. The client must notify Haagsch Recherchebureau in writing.
2. It is the client's responsibility that a notice of default actually reaches Haagsch Recherchebureau (in a timely manner).
1. If Haagsch Recherchebureau enters into an agreement with several clients, each of them is jointly and severally liable for the full amounts they owe to Haagsch Recherchebureau under that agreement.
1. Haagsch Recherchebureau is only liable for any damage suffered by the client if and insofar as that damage is caused by intent or deliberate recklessness.
2. If Haagsch Recherchebureau is liable for any damage, it is only liable for direct damage resulting from or related to the execution of an agreement.
3. Haagsch Recherchebureau is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
4. If Haagsch Recherchebureau is liable, this liability is limited to the amount paid out by a (professional) liability insurance policy and, in the absence of (full) payment by an insurance company of the amount of damage, liability is limited to the (part of) the invoice amount to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot be a reason for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
1. Any right of the client to compensation from Haagsch Recherchebureau expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of article 6:89 of the Civil Code.
1. The client has the right to terminate the agreement if Haagsch Recherchebureau imputably fails to fulfil its obligations, unless this shortcoming, in view of its special nature or minor importance, does not justify termination.
2. If the fulfillment of the obligations by Haagsch Recherchebureau is not permanently or temporarily impossible, termination can only take place after Haagsch Recherchebureau is in default.
3. Haagsch Recherchebureau has the right to terminate the agreement with the client if the client does not fully or timely fulfill its obligations under the agreement, or if Haagsch Recherchebureau has become aware of circumstances that give him good reason to fear that the client will not be able to fulfill his obligations properly.
1. In addition to the provisions of article 6:75 of the Civil Code, a failure on the part of Haagsch Recherchebureau in fulfilling any obligation towards the client cannot be attributed to Haagsch Recherchebureau in a situation independent of Haagsch Recherchebureau's will, as a result of which the fulfillment of its obligations towards the client is wholly or partially prevented or as a result of which the fulfillment of its obligations is not reasonably possible. Haagsch Recherchebureau may be required.
2. The force majeure situation referred to in paragraph 1 includes - but is not limited to - a state of emergency (such as civil war, rebellion, riots, natural disasters, etc.); non-performance and force majeure on the part of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
3. If a force majeure situation occurs that prevents Haagsch Recherchebureau from fulfilling 1 or more obligations to the client, those obligations will be suspended until Haagsch Recherchebureau can meet them again.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may terminate the agreement in whole or in part in writing.
5. In a situation of force majeure, Haagsch Recherchebureau does not owe any (damage) compensation, even if it enjoys any advantage as a result of the force majeure.
1. If, after concluding the agreement, it appears necessary to change or supplement its content for its execution, the parties will amend the agreement accordingly in a timely manner and in mutual consultation.
2. The previous paragraph does not apply to products purchased in a physical store.
1. Haagsch Recherchebureau is entitled to change or supplement these general terms and conditions.
2. Minor changes can be made at any time.
3. Major changes in content will be discussed with the client in advance as much as possible.
4. Consumers are entitled to terminate the agreement in the event of a substantial change in the general terms and conditions.
1. The client's rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of Haagsch Recherchebureau.
2. This provision applies as a clause with property law effect as referred to in article 3:83, paragraph 2, of the Civil Code.
1. If one or more provisions of these general terms and conditions prove null and void or voidable, this will not affect the other provisions of these terms and conditions.
2. In that case, a provision that is void or voidable will be replaced by a provision that comes closest to what Haagsch Recherchebureau had in mind when drawing up the conditions on that point.
1. Any agreement between the parties is governed exclusively by Dutch law.
2. The Dutch court in the district where Haagsch Recherchebureau is located/practices/has its office is exclusively competent to hear any disputes between the parties, unless the law prescribes otherwise.
