General terms and conditions
a. Cymhole: V.O.F. Cymhole, based in Zoetermeer, vendor of a product, Chamber of Commerce registration number 75288613.
b. Customer: a party (company or private individual) purchasing a product from Cymhole.
c. Product: a product, prepared or delivered by Cymhole.
d. In writing: via the website, on paper or by email.
e. Force majeure: a cause that cannot be attributable to Cymhole (such as, but not limited to: incapacity to work, disrupted power supply or internet connection, hacked computer system, extreme traffic conditions, extreme weather conditions, industrial action), as a result of which compliance with delivery or agreements cannot reasonably be demanded of Cymhole.
f. Quote: the offering on the website or written quotation.
2. General provisions
a. A deadline or planning schedule referred to in a quote is always approximate and never rigid, unless this concerns a specific date that has been agreed in writing.
b. If the customer has accepted the quote in good time and in writing, a purchase agreement will be drawn up between the customer and Cymhole.
c. The agreement, these general terms and conditions and any further written agreements form an integrated whole. In the event of any conflict between the parties most recent written agreement will prevail.
d. Cymhole may engage third parties at its own discretion in its execution of the agreement.
3. Reflection period
a. In the event that a customer has purchased a product from Cymhole via its website, they will have a reflection period of 14 days after the receipt of the product. If the customer wishes to cancel the purchase, they will return the purchased products to Cymhole undamaged and without being unpacked and will pay the return shipping costs for their own account. Following the correct receipt of the products, Cymhole will reimburse the customer the purchase price within ten working days. There will be no reflection period for customized articles or for products for which it is clear that repurchase cannot be possible.
4. Personal data
b. Cymhole may make reference to services and/or products for advertising purposes, which have been provided to customers, doing so without divulging the identity of the customer.
5. Liability, indemnification, force majeure
a. Cymhole may only be liable for the direct damage a customer may incur as the consequence of intent, gross negligence or recklessness on the part of Cymhole.
b. Cymhole is never liable for indirect damage, such as loss of profit or consequential damage.
c. Cymhole's liability vis-à-vis the customer or participant will be maximized to the lower of the following two amounts: (1) the amount paid by Cymhole's liability insurance, plus Cymhole's deductible excess or (2) the total amount of the present purchase agreement.
d. Cymhole is not liable for damage as the consequence of force majeure.
e. Customer will indemnify Cymhole against being held liable by third parties during the execution of the agreement, unless a situation involves intent, gross negligence or recklessness on the part of Cymhole.
f. In the event of temporary force majeure, those products already provided must be paid for, but the customer and Cymhole may reach new agreements.
6. Intellectual property
a. Cymhole holds and retains the intellectual property rights, including copyright, of products and expressions of Cymhole. In connection with said rights, the customer may not publish, rework and/or reproduce anything in this regard without the consent of Cymhole.
a. Cymhole may demand that the customer make advance payment.
b. The customer will not become the owner of a Cymhole product until full payment has been effected.
c. The customer will pay Cymhole's invoice within 14 days after the invoice date.
d. If the customer is in default of payment, Cymhole is entitled to suspend the performance of its own obligations.
e. In the event of late payment, Cymhole will charge 15% extra-judicial collection expenses in respect of the invoice amount, subject to a minimum of EUR 40.00. If payment is still not forthcoming after 7 days, Cymhole will also charge for the costs of legal assistance, legal proceedings and collection charges.
8. Warranty, complaints and applicable law
a. The customer notifies Cymhole as soon as possible in writing about a complaint or an invocation of the warranty. Cymhole is then afforded a reasonable period of time and sufficient access to investigate, remove and/or remedy the cause of the complaint or invocation of the warranty.
b. Cymhole will not exchange or make reimbursements in respect of a product prepared on the basis of a customized solution, unless there is a manufacturing defect or shortcoming that is attributable to Cymhole.
c. Cymhole provides very high quality services and products, uses exclusively very sound materials and guarantees that a product has the properties needed for normal usage (and for special usage if such has been specifically agreed in writing). Cymhole assumes (and may expect) that the customer handles a product in accordance with the instructions on the website and will not use a product in a manner in which damage may be expected.
d. Minimum deviations vis-à-vis a diagram, photo, flyer, design or model may not be held against Cymhole.
e. Cymhole uses synthetic materials; Cymhole is not liable for the consequences of the properties of these materials (such as discolouration, colour deviation, distortion, wear and tear, oxidation).
f. Once the product has been transferred to the customer, its usage and maintenance by the customer determine the condition and durability of the product. Consequently, Cymhole cannot be held liable for the risks of loss or damage once the product has been transferred to the customer.
g. The warranty will apply in the event of manufacturing defects or product defects otherwise caused by Cymhole. The warranty does not cover wear and tear of the product through usage.
h. The warranty will not apply if the customer adapts a product, uses it improperly or fails to act or maintain it in accordance with the instructions published by Cymhole.
i. The fact that a complaint has been reported will not suspend the customer's obligation to effect payment.
j. The laws of the Kingdom of the Netherlands will apply to all agreements involving Cymhole unless otherwise provided for by law.