ARTICLE 8 - RETENTION OF TITLE
8.1
THE GOODS REMAIN THE EXCLUSIVE PROPERTY OF ILFARI UNTIL FULL PAYMENT OF THE INVOICE OCCURRED.
8.2
IN CASE THE CLIENT FAILS TO FULFIL THE PAYMENT OBLIGATION TOWARDS ILFARI. ILFARI IS ENTITLED TO TAKE BACK THE DELIVERED
GOODS WITHOUT NOTICE OF DEFAULT. THE CLIENT AUTHORIZES ILFARI TO ENTER THE PLACE WHERE THE GOODS ARE LOCATED.
ARTICLE 9 - LIABILITY
9.1
ILFARI IS NOT LIABLE FOR OPERATIONAL LOSS OR OTHER INDIRECT DAMAGES WITH RESPECT TO THE DELIVERED GOODS.
9.2
ANY CLAIM EXCEEDING THE AMOUNT OF INVOICE SHALL BE EXCLUDED.
9.3
ILFARI IS NOT LIABLE FOR DAMAGES BEYOND THEIR CONTROL, SUCH AS WAR, DANGER OF WAR, CIVIL WAR, REBELLION, REVOLUTION,
INSURRECTION, STRIKES, TRANSPORTATION DIFFICULTIES, FIRE AND OTHER SERIOUS INTERRUPTIONS IN THE BUSINESS ACTIVITIES OF ILFARI
OR ILFARI’S SUPPLIERS AND, MORE GENERALLY, NOT EVERY CAUSE THAT CAN BE ATTRIBUTED TO ILFARI.
ARTICLE 10 - TERMS OF PAYMENT
10.1
FULL PAYMENT HAS BEEN MADE FOR DELIVERY OF GOODS. UNLESS EXPLICITLY AGREED OTHERWISE IN WRITING IN A SPECIFIC PERIOD.
10.2
IF THE CLIENT DOES NOT PAY WITHIN THE AGREED TERM, ILFARI IS ENTITLED TO CHARGE THE CLIENT AFTER THE EXPIRY OF THE
AFOREMENTIONED PERIOD FOR LOSS OF INTEREST OF 3% PER MONTH OR PART OF A MONTH.
10.3
THE ENTIRE PURCHASE PRICE IS IMMEDIATELY DUE AND PAYABLE IN THE EVENT OF NON-PROMPT PAYMENT OF THE AGREED TERM ON THE
DUE DATE, WHEN THE CLIENT IS IN A STATE OF BANKRUPTCY, REQUESTS SUSPENSION OF PAYMENTS OR HAS BEEN REQUESTED UNDER
GUARDIANSHIP, IF ANY ATTACHMENT TO THE GOODS OR CLAIMS OF THE CLIENT IS MADE. AND WHEN IT DIES, GOES INTO LIQUIDATION
OR IS DISSOLVED.
10.4
IN ADDITION TO ILFARI’S PRINCIPAL CLAIM AND INTEREST FROM THE CLIENT, ILFARI IS ENTITLED TO CLAIM ALL EXTRA-JUDICIAL COSTS,
WHICH ARE CAUSED BY THE NON (TIMELY) PAYMENT. EXTRA-JUDICIAL COSTS ARE PAYABLE BY THE CLIENT IN ANY CASE IF ILFARI
HAS INSURED HIMSELF FOR THE COLLECTION OF THE ASSISTANCE OF A THIRD PARTY. ILFARI RESERVES THE RIGHT TO START THESE
PROCEDURES WITHOUT PRIOR NOTIFICATION TO THE CLIENT.
THESE COSTS WILL BE CALCULATED IN ACCORDANCE WITH THE COLLECTION RATE ADVISED BY THE NETHERLANDS BAR ASSOCIATION OR
COURT BAILIFF. FROM THE MERE FACT THAT ILFARI IS ASSURED OF THE HELP OF A THIRD PARTY, THE SIZE AND THE OBLIGATION TO PAY
EXTRA-JUDICIAL COSTS IS APPARENT.
ARTICLE 11 - INTERNET AND PROMOTION
11.1
IT IS NOT PERMITTED TO PROMOTE AND / OR OFFER ILFARI NAME, LOGO AND PRODUCTS, WITH OR WITHOUT PRICE INFORMATION, ON
WEBSITE OR THROUGH ANY OTHER PUBLICATION WITHOUT THE EXPRESS WRITTEN PERMISSION OF ILFARI B.V.
11.2
ILFARI WILL ACT DECISIVELY AGAINST VIOLATION OF THE ABOVE.
ARTICLE 12 - DISPUTES AND APPLICABLE LAW
12.1
DUTCH LAW EXCLUSIVELY APPLIES TO ALL AGREEMENTS CONCLUDED BY ILFARI.
12.2
ALL DISPUTES THAT ARISE OR ARISE IN CONNECTION WITH THE AGREEMENTS CONCLUDED WITH ILFARI ARE ONLY FOR THE ATTENTION
OF THE JUDGE IN ‘S-HERTOGENBOSCH, WHO IS COMPETENT IN THE FIRST INSTANCE, OR ANY OTHER COMPETENT COURT, IF ILFARI SO
CHOOSES.
ARTICLE 13 - PRIVACY
13.1
THE COUNTERPART HEREBY GIVES THE USER PERMISSION FOR THE PROCESSING OF ALL DATA OF THE COUNTERPART WHICH ARE
NECESSARY FOR THE EXECUTION OF THE AGREEMENT BETWEEN THE COUNTERPART AND THE USER, AS WELL AS FOR THE PROCESSING
OF ALL DATA PROVIDED BY THE COUNTERPART DURING THE TERM OF THE AGREEMENT AND / OR PRIOR TO THE CONCLUSION OF THE
AGREEMENT HAS BEEN MADE AVAILABLE TO THE USER. THE OTHER PARTY AND USER ACKNOWLEDGE THAT THE PROCESSING OF THESE
DATA IS NECESSARY TO COMPLY WITH THE EXECUTION OF THE AGREEMENT OR THE LEGAL OBLIGATION (S) OF THE USER, TO PECT THE
VITAL INTERESTS OF THE OTHER PARTY, OR FOR THE PECTION OF LEGITIMATE INTERESTS OF THE USER. USER. THE USER WILL NOT USE THIS
INFORMATION FOR ANY OTHER PURPOSE THAN IS NECESSARY FOR THE EXECUTION OF THE AGREEMENT AND MARKETING ACTIVITIES OR
TO COMPLY WITH ANY LEGAL OBLIGATION.
13.2
IN ADDITION, THE OTHER PARTY NOW GIVES PERMISSION FOR THE USER TO KEEP THE DATA AS LONG AS THERE IS ANY (LEGAL OR
FISCAL) RETENTION PERIOD FOR THE USER. THE DATA WILL IN ANY CASE BE KEPT FOR A PERIOD OF FIVE (5) YEARS AFTER THE END OF THE
AGREEMENT.
13.3
THE OTHER PARTY HEREBY DECLARES THAT IT IS AWARE OF HIS / HER RIGHTS IN THIS MATTER, INCLUDING BUT NOT LIMITED TO THE
RIGHT OF INSPECTION, THE RIGHT TO WITHDRAW THE AFOREMENTIONED CONSENT AND THE RIGHT TO LODGE A COMPLAINT WITH THE
SUPERVISOR.
THESE GENERAL DELIVERY AND PAYMENT TERMS ARE REGISTERED
AT THE CHAMBER OF COMMERCE IN EINDHOVEN UNDER NUMBER 16054275.
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