- OneStepCommunity: OneStepCommunity, established in Almelo under Chamber of Commerce no. 83349154.
- Customer: the person with whom OneStepCommunity has entered into an agreement.
- Parties: OneStepCommunity 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 OneStepCommunity.
- The parties can only deviate from these terms and conditions if they have expressly agreed this in writing.
- The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.
- All prices that OneStepCommunity uses are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or otherwise agreed.
- All prices on that OneStepCommunity uses for its products or services, on its website or that have otherwise been made known, OneStepCommunity may change at any time.
- Increases in the cost prices of products or parts thereof, which OneStepCommunity could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
- The consumer has the right to dissolve 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 with regard to a service is determined by OneStepCommunity on the basis of the actual hours spent.
- The price is calculated according to the usual hourly rates of OneStepCommunity, valid for the period in which he performs the work, unless a different hourly rate has been agreed.
- If the parties have agreed on a total amount for a service provided by OneStepCommunity, this is always a target price, unless the parties have expressly agreed in writing on a fixed price, from which it is not possible to deviate.
- OneStepCommunity is entitled to deviate up to 10% of the target price.
- If the target price is more than 10% higher, OneStepCommunity must inform the customer in time 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 assignment that exceeds the target price plus 10%.
- OneStepCommunity has the right to adjust the prices annually.
- Prior to its entry into effect, OneStepCommunity will communicate price adjustments to the customer.
- The consumer has the right to terminate the agreement with OneStepCommunity if he does not agree with the price increase.
Payments and payment term
- The customer must make payments of the product in advance.
- Payment terms are considered fatal payment terms. This means that if the customer has not paid the agreed amount no later than the last day of the payment term, he is in default and in default by operation of law, without OneStepCommunity having to send the customer a reminder or put it in default.
- OneStepCommunity reserves the right to make a delivery conditional on immediate payment or to demand security for the total amount of the services or products.
Consequences of not paying on time
- If the customer does not pay within the agreed period, OneStepCommunity is entitled to charge an interest of 1% per month from the day that the customer is in default, whereby a part of a month is charged for a whole month.
- When the customer is in default, he also owes extrajudicial collection costs and any compensation to OneStepCommunity.
- 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, OneStepCommunity may suspend its obligations until the customer has fulfilled his payment obligation.
- In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of OneStepCommunity against the customer are immediately due and payable.
- If the customer refuses to cooperate with the execution of the agreement by OneStepCommunity, he is still obliged to pay the agreed price to OneStepCommunity.
Right to complain
- As soon as the customer is in default, OneStepCommunity is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
- OneStepCommunity invokes the right of advertising by means of a written or electronic communication.
- As soon as the customer has been informed of the right of complaint invoked, the customer must immediately return the products to which this right relates to OneStepCommunity, unless the parties make other agreements about this.
- The costs for the retrieval or return of the products are for the account of the customer.
Right of withdrawal
- A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason on condition 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 specially tailored or adapted for the consumer
- it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
- the seal is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
- the product is not a trip, transport ticket, catering order or form of leisure activity
- the product is not a separate magazine or newspaper
- it does not concern (order for) emergency repair
- the consumer has not waived his right of withdrawal
- The cooling-off period of 14 days as referred to in paragraph 1 starts:
- on the day after the consumer has received the last product or part of 1 order
- as soon as the consumer has received the first product with a subscription
- as soon as the consumer has purchased a service for the first time
- as soon as the consumer has confirmed that he is going to purchase digital content via the internet
- The consumer can make his appeal to the right of withdrawal known via [email protected], if desired using the withdrawal form that can be downloaded via the website of OneStepCommunity, www.OneStepCommunity.nl.
- The consumer is obliged to return the product to OneStepCommunity within 14 days after making his right of withdrawal known, failing which his right of withdrawal will lapse.
- The costs for returning are only for the account of OneStepCommunity if the complete order is returned.
- If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement under the law, OneStepCommunity will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to OneStepCommunity in time.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
- OneStepCommunity can invoke its right of retention and in that case keep products of the customer in its custody until the customer has paid all outstanding invoices with regard to OneStepCommunity, 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 OneStepCommunity.
- OneStepCommunity is never liable for any damage that the customer may suffer as a result of using his right of retention.
Unless the customer is a consumer, the customer waives his right to set off a debt to OneStepCommunity against a claim on OneStepCommunity.
- OneStepCommunity remains the owner of all products delivered until the customer has fully fulfilled all his payment obligations to OneStepCommunity under any agreement concluded with OneStepCommunity, including claims for failure to perform.
- Until then, OneStepCommunity can invoke its retention of title and take back the goods.
- Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumn the products.
- If OneStepCommunity invokes its retention of title, the agreement shall be considered dissolved and OneStepCommunity shall be entitled to claim damages, lost profits and interest.
- Delivery takes place while stocks last.
- Delivery takes place at OneStepCommunity, unless the parties have agreed otherwise.
- Delivery of products ordered online takes place at the address indicated by the customer.
- If the agreed amounts are not paid or are not paid on time, OneStepCommunity has the right to suspend its obligations until the agreed part has still been paid.
- In the event of late payment, there is a creditor default, with the result that the customer cannot invoke a late delivery to OneStepCommunity.
- The delivery times specified by OneStepCommunity are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
- The delivery time starts at the moment that the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) from OneStepCommunity.
- Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless OneStepCommunity cannot deliver within 14 days after being summoned to do so in writing or the parties have agreed otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
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, before taking receipt of the product, have a note drawn up by the forwarder or delivery person, failing which OneStepCommunity cannot be held liable for any damage.
- If the customer himself ensures transport of a product, he must report any visible damage to products or the packaging to OneStepCommunity prior to transport, failing which OneStepCommunity cannot be held liable for any damage.
- The customer undertakes to adequately insure the following items and to keep them 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
- onestepCommunity business that is present at the customer’s premises
- goods delivered under retention of title
- At the first request of OneStepCommunity, the customer provides the policy of these insurances for inspection.
- If the customer purchases ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
- Any additional costs as a result of premature or late purchase of products will be borne entirely by the customer.
- When the parties have entered into an agreement with a service character, this only contains best efforts obligations for OneStepCommunity, no result obligations.
- The warranty with regard to products only applies to defects caused by improper manufacture, construction or material.
- The warranty does not apply in the event of normal wear and tear and damage caused as a result of accidents, changes made to the product, negligence or improper use by the customer, as well as when 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 passes to the customer at the moment when they are legally and / or actually delivered, or at least come into the power of the customer or of a third party who takes receipt of the product for the benefit of the customer.
Execution of the agreement
- OneStepCommunity executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
- OneStepCommunity has the right to have the agreed services (partially) performed by third parties.
- The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
- It is the responsibility of the customer that OneStepCommunity can start the execution of the agreement in a timely manner.
- If the customer has not ensured that OneStepCommunity can start the execution of the agreement in time, the resulting extra costs and / or extra hours will be borne by the customer.
Provision of information by the customer
- The customer makes all information, data and documents that are relevant for the correct execution of the agreement available to OneStepCommunity in a timely manner and in the desired form and in the desired manner.
- The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they come from third parties, insofar as the nature of the agreement does not result otherwise.
- If and insofar as the customer so requests, OneStepCommunity will return the relevant documents.
- If the customer does not, not timely or not properly make available the information, data or documents reasonably required by OneStepCommunity and the execution of the agreement is delayed as a result, the resulting extra costs and extra hours will be borne by the customer.
- The customer keeps secret every information he receives (in whatever form) from OneStepCommunity.
- The same applies to any other information concerning OneStepCommunity that it knows or can reasonably suspect is secret or confidential, or that it can expect to be disseminated to harm OneStepCommunity.
- The customer shall take all necessary measures to ensure that he also keeps the information referred to in paragraphs 1 and 2 secret.
- The obligation of confidentiality described in this Article shall not apply to information:
- that was already public before the customer learned of this information or that later became public without this being the result of a breach of the customer’s duty of confidentiality
- that is made public by the customer on the basis of a legal obligation
- The obligation of confidentiality described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiry.
- If the other party violates the article of these general terms and conditions on confidentiality or on intellectual property, he will forfeit an immediately due and payable fine for any violation on behalf of the trade name.
- if the other party is a consumer, this fine amounts to € 1,000
- if the other party is a legal entity, this fine amounts to € 5,000
- In addition, the other party shall forfeit an amount equal to 5% of the amount referred to in paragraph 1 for each day that that violation continues.
- For the forbearance of this fine, no prior notice of default or legal proceedings is required. There also does not have to be any form of damage.
- The forfivation of the fine referred to in the first paragraph of this article does not affect the other rights of OneStepCommunity, including its right to claim damages in addition to the fine.
The customer indemnifies OneStepCommunity against all claims of third parties that are related to the products and / or services provided by OneStepCommunity.
- The customer must examine a product or service provided by OneStepCommunity as soon as possible for any shortcomings.
- If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform OneStepCommunity of this as soon as possible, but in any case within 1 month after discovery of the shortcomings.
- Consumers must inform OneStepCommunity of this within 2 working days after discovery of the shortcomings.
- The customer provides as detailed a description as possible of the shortcoming, so that OneStepCommunity 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 can in any case not lead to OneStepCommunity being held to perform other work than agreed.
- The customer must make notice of default known in writing to OneStepCommunity.
- It is the responsibility of the customer that a notice of default actually reaches OneStepCommunity (in time).
Customer joint and several liability
If OneStepCommunity enters into an agreement with multiple customers, each of them is joint and severally liable for the full amounts they owe to OneStepCommunity under that agreement.
- OneStepCommunity is only liable for any damage that the customer suffers if and insofar as that damage is caused by intent or deliberate recklessness.
- If OneStepCommunity is liable for any damage, it is only liable for direct damage resulting from or related to the execution of an agreement.
- OneStepCommunity is never liable for indirect damage, such as consequential damage, loss of profit, missed savings or damage to third parties.
- If OneStepCommunity is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, 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) dissolution of the agreement and/or suspension of any obligation.
Any right of the customer to compensation from OneStepCommunity 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 Dutch Civil Code.
Right of rescission
- The customer has the right to dissolve the agreement when OneStepCommunity imporably fails to comply with its obligations, unless this shortcoming, given its special nature or minor importance, does not justify the dissolution.
- If the fulfilment of the obligations by OneStepCommunity is not permanently or temporarily impossible, dissolution can only take place after OneStepCommunity is in default.
- OneStepCommunity has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if OneStepCommunity has become aware of circumstances that give him good reason to fear that the customer will not be able to properly fulfill his obligations.
- In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of OneStepCommunity in the fulfilment of any obligation towards the customer cannot be attributed to OneStepCommunity in a situation independent of the will of OneStepCommunity, as a result of which the fulfilment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfilment of its obligations cannot reasonably be made by OneStepCommunity. den den desired.
- The force majeure situation referred to in paragraph 1 also includes – but not exclusively – a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance 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 OneStepCommunity 1 or more obligations to the customer cannot be fulfilled, those obligations will be suspended until OneStepCommunity can meet them again.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- OneStepCommunity does not owe any (damage) compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement for its execution, it appears necessary to change or supplement its content, the parties shall adjust the agreement accordingly in a timely manner and in mutual consultation.
Modification of general terms and conditions
- OneStepCommunity is entitled to change or supplement these general terms and conditions.
- Minor changes can be made at any time.
- OneStepCommunity will discuss major substantive changes with the customer as much as possible in advance.
- Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
- Rights of the customer from an agreement between the parties cannot be transferred to third parties without the prior written consent of OneStepCommunity.
- This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, 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 is closest to what OneStepCommunity had in mind when drafting the conditions on that point.
Applicable law and competent court
- Any agreement between the parties is exclusively governed by Dutch law.
- The Dutch court in the district where OneStepCommunity is located / practices / has its office is exclusively competent to take cognized knowledge of any disputes between parties, unless the law prescribes otherwise.
Prepared on 01 December 2020.