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General Terms and Conditions of Protega Solutions B.V.

Besloten vennootschap Protega Solutions (hereinafter Protega Solutions) is registered with the Chamber of Commerce under number 80858651 and has its registered office at Laan van de Kreeft 132 C (7324 BX) in Apeldoorn.

Article 1 - Definitions.

  1. In these general terms and conditions the following terms are used in the following sense unless expressly stated otherwise:
  2. Protega Solutions shall also mean its
  3. Company: The natural or legal person acting in the course of a profession or business
  4. Buyer: the Company that enters into an Agreement (at a distance) with
  5. Seller: the provider of Products to the Buyer, hereinafter referred to as Protega
  6. Offer: Any Offer to Buyer to supply Products by
  7. Products: the Products produced and sold by Protega Solutions are extinguishing systems products in the broadest sense of the word.
  8. Agreement: the (purchase) Agreement for the sale and delivery of Products purchased by the Buyer from Protega Solutions.
  9. Website: the Website used by Protega Solutions is protegasolutions.nl

Article 2 - Applicability.

  1. These general conditions apply to every Protega Solutions offer and every Agreement between Protega Solutions and a Buyer and to every Product offered by Protega Solutions.
  2. Before an Agreement (at a distance) is concluded, the Buyer shall be provided with these general terms and If this is not reasonably possible, Protega Solutions shall indicate to the Buyer in what way the Buyer can inspect the general terms and conditions.
  3. The applicability of any (other) general or (purchase) conditions of the Buyer is explicitly Only the general terms and conditions of Protega Solutions shall apply.
  4. Deviation from these general conditions is in principle not possible. In exceptional situations, it is possible to deviate from the general conditions if this is explicitly agreed upon in writing with Protega
  5. These general terms and conditions also apply to additional, amended and follow-up Agreements with the Buyer.
  6. If one or more provisions of these general terms and conditions are partially or entirely void or nullified, the remaining provisions of these general terms and conditions shall remain in force, and the void/ nullified provision(s) shall be replaced by a provision with the same purport as the original provision.
  7. Uncertainties about the content, interpretation or situations not regulated in these general terms and conditions shall be assessed and explained in the spirit of these general terms and conditions.
  8.  

Article 3 - The Offer

  1. All offers made by Protega Solutions are without obligation, unless explicitly stated otherwise in If the Offer is limited or valid under specific conditions, this shall be explicitly stated in the Offer. An Offer may be made either orally or in writing.
  2. Protega Solutions is bound by the offer only if the acceptance thereof is confirmed in writing by the Buyer within thirty (30) Nevertheless, Protega Solutions has the right to refuse an Agreement with a potential Buyer for a reason justified to Protega Solutions.
  3. The Offer contains a description of the Product offered. The description is detailed enough to enable the Buyer to make a proper assessment of the Obvious mistakes or errors in the Offer cannot bind Protega Solutions. The images and specific data in the Offer are only an indication and cannot be a ground for any compensation or dissolution of the Agreement (at a distance). Protega Solutions cannot guarantee that the colors in the image exactly match the real colors of the Product.
  4. Delivery times in Protega Solutions’ quotations are indicative and, if exceeded, do not give the Buyer the right to dissolution or damages, unless explicitly agreed otherwise.
  5. A compound quotation does not oblige Protega Solutions to deliver part of the goods included in the offer or quotation at a Corresponding part of the stated price.
  6. Offers or quotations do not automatically apply to repeat Offers and quotations are only valid until stock lasts, and according to the ‘made-to-order’ principle.
  7. Protega Solutions has the right to refuse specified orders or placed orders without giving Such refusal shall not entitle the Buyer to damages or any other compensation for refusing the order/order.

Article 4 - Establishment of the Agreement.

  1. The Agreement comes into effect at the moment the Buyer has accepted an Offer from Protega Solutions by paying for the Product in question.
  2. If Buyer has accepted the Offer by entering into an Agreement with Protega Solutions, Protega Solutions shall confirm the Agreement with Buyer in writing.
  3. If the acceptance deviates (on minor points) from the Offer included in the quotation or invoice, Protega Solutions is not bound by it. The Buyer must pay the offer or invoice in full, unless the Buyer can demonstrate that something else has been agreed upon.
  4. Protega Solutions is not bound by an Offer if the Buyer could reasonably have expected or should have understood that the Offer contains an obvious mistake or slip of the pen. The Buyer cannot derive any rights from this mistake or slip of the pen.
  5. Agreements or Agreements can only be entered into by authorized personnel, employed or hired persons of Protega Solutions who are authorized to represent and have a written power of
  6. The right of withdrawal does not apply to a
  7. If the Buyer cancels the order placed or the specified order in whole or in part, the Buyer must pay the full compensation mentioned in the Agreement or the Offer.
  8.  

Article 5 - Duration transactions

  1. The Buyer may only terminate an indefinite Agreement for the regular delivery of Products subject to 90 days’ notice and the termination rules agreed upon for that purpose.
  2. The termination of the above Agreement, may be terminated by Buyer in the same manner as it was entered into by Buyer.
  3. A fixed-term Agreement for the regular delivery of Products shall terminate automatically upon expiration of the last delivery.
  4. If an Agreement lasts longer than one year, the Agreement may be terminated by the Buyer at any time after one year, subject to a notice period of not more than (30 days), unless such termination before the end of the agreed term is not justifiable in reasonableness and fairness.

Article 6 - Execution of the Agreement

  1. Protega Solutions shall execute the Agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
  2. If and insofar as the proper execution of the Agreement requires it, Protega Solutions shall have the right to have certain work performed by third parties at its own discretion.
  3. The Buyer shall ensure that all data, which Protega Solutions indicates are necessary or which the Buyer should reasonably understand are necessary for the execution of the Agreement, are provided to Protega Solutions in a timely manner. If the data required for the execution of the Agreement are not provided to Protega Solutions on time, Protega Solutions shall have the right to suspend the execution of the Agreement and/or to charge the Buyer for the extra costs resulting from the delay according to the usual rates.
  4. Protega Solutions may require security from the Buyer or full payment in advance before proceeding to execute the Agreement.
  5. Protega Solutions is not liable for damage, of whatever nature, that has arisen because Protega Solutions has relied on inaccurate and/or incomplete data provided by the Buyer, unless such inaccuracy or incompleteness was known to Protega Solutions.
  6. The Buyer indemnifies Protega Solutions for any claims by third parties, which suffer damage in connection with the execution of the Agreement and which is attributable to the Buyer.
  7. Buyer acknowledges and agrees that by purchasing the IT Products it does not acquire any ownership rights with respect to any software associated with or forming part of the IT Products. If confidential information is inadvertently left on the IT Products, Buyer is requested to contact Protega Solutions within (number of) hours of becoming aware of it.

Article 7 - Delivery

  1. Delivery takes place in principle from Protega Solutions’ warehouse, on the basis of Ex works (Protega Solutions delivers the Products by making them available to the Buyer in the warehouse) unless explicitly agreed otherwise.
  2. If the start, progress or (delivery) of the services is delayed because, for example, the Buyer has not or not in a timely manner provided all requested information, provides insufficient cooperation, the (down) payment has not been received in a timely manner by Protega Solutions or any delay arises due to other circumstances beyond Protega Solutions’ control, Protega Solutions shall be entitled to a reasonable extension of the (delivery) period. All agreed (on) delivery periods are never deadlines. The Buyer shall give Protega Solutions written notice of default and grant it a reasonable period to still be able to deliver. The Buyer has no right to any compensation as a result of the resulting delay.
  3. The Buyer is obliged to take delivery of the goods at the time they are made available to him according to the Agreement, even if they are offered to him earlier or later than agreed.
  4. If the Buyer refuses to take delivery or is negligent in providing information or instructions necessary for delivery, Protega Solutions is entitled to store the goods for the account and risk of the Buyer.
  5. If the goods are delivered by Protega Solutions or an external carrier, Protega Solutions shall, unless otherwise agreed in writing, be entitled to charge any transport, insurance, packaging and shipping These will then be invoiced separately.
  6. Insofar as it is agreed that delivery and placement is to take place at the Buyer’s premises then this shall take place entirely at the Buyer’s risk, regardless of what has been agreed for the calculation of delivery costs.
  7. If Protega Solutions requires data from the Buyer in the context of execution of the Agreement, the delivery period shall begin after the Buyer has made them available to Protega Solutions.
  8. If Protega Solutions has specified a delivery term, it shall be Protega Solutions shall, if the Product is in stock, and delivery is on schedule, deliver the Product with one week to the address provided by the Buyer in the Netherlands, barring (extraordinary) circumstances that cause the delivery period to be delayed. For delivery outside the Netherlands, longer delivery times apply.
  9. Protega Solutions is entitled to deliver the goods in parts, unless this is deviated from by agreement or the partial delivery has no independent value. Protega Solutions is entitled to invoice the thus delivered goods separately.
  10. Deliveries will be made only if all invoices have been paid, unless otherwise expressly agreed
  11. Protega Solutions reserves the right to refuse delivery if there is justified fear of non-payment.

Article 8 - Packaging and transportation

  1. Protega Solutions undertakes vis-à-vis the Buyer to package the goods to be delivered properly and to secure them in such a way that they will reach their destination in good condition during normal use.
  2. Unless otherwise agreed in writing, all deliveries are made exclusive of sales tax (VAT), including packaging and packaging materials (with the exception of packaging for which it is customary to charge a separate deposit).
  3. The acceptance of goods without any remarks on the waybill or receipt shall be considered proof that the packaging/embalage was in good condition at the time of delivery.
  4. Each Buyer is deemed to be in possession of any required import and/or payment permits. The absence or withdrawal of these permits does not release the Buyer from the obligation to take delivery of the goods in the agreed manner. If the goods are sold by Protega Solutions without customs clearance, this shall not entitle a Buyer to cancel the order/order.
  5. The risk of molestation shall always be borne by the
  6. If Buyer agrees that the ordered items will be delivered via direct supply from abroad, the risk of (improper, timely and/or no) delivery shall be entirely and completely borne by Buyer.

Article 9 - Import and export restrictions.

  1. Buyer understands that the Products may be subject to the import and export controls of the country in which the delivery address is Buyer shall comply with all applicable laws and regulations relating to import and export control.
  2. Any restrictions or requirements may vary depending on time and
  3. The Buyer shall indemnify Protega Solutions at Protega Solutions’ first request for any damage and/or loss suffered by Protega Solutions (including all costs, taxes, fines, expenses and levies) that Protega Solutions suffers as a result of the Buyer’s non-compliance with import and export control laws and

Article 10 - Packaging

  1. The Buyer is obliged to return loaner packaging within 14 days empty and in undamaged If Buyer fails to fulfill its obligations with respect to packaging, all costs resulting from this shall be for its account. Such costs include costs arising from late return and costs of replacement, repair or cleaning.
  2. Co-delivery of packaging shall take place in accordance with the terms of the Separately charged packaging need not be taken back by Protega Solutions and will not be credited.

Article 11 - Opinions

  1. Protega Solutions may, if so commissioned, prepare an advice, plan of action, design, reporting, planning and/or reporting for the provision of The contents thereof are not binding and only of an advisory nature, but shall be Protega Solutions observe its duties of care. The Buyer decides for himself and at his own responsibility whether he follows the advice.

 

  1. The by Protega Solutions provided by Protega Solutions, in whatever form, are never to be regarded as binding advice.
  2. The Buyer shall, at the first request of Protega Solutions obliged to evaluate proposals provided by If Protega Solutions is delayed in its work because the Buyer fails to provide an assessment, or fails to provide an assessment in a timely manner, on a proposal submitted by Protega Solutions made by Protega Solutions, the Buyer is at all times itself responsible for the consequences resulting from this, such as delay.
  3. The nature of the services implies that the result is at all times dependent on external factors that may affect the reports and advice of Protega Solutions such as the quality, accuracy and timely delivery of required information and data from the Buyer and its The Buyer is responsible for the quality and for the timely and correct delivery of the necessary data and information.
  4. The Buyer shall Protega Solutions in writing prior to the commencement of the work all circumstances that are or may be relevant including any points and priorities for which the Buyer wishes attention.

Article 12 - Examination, complaints

  1. The Purchaser shall be obliged to inspect the delivered Products or have them inspected at the time of delivery or transfer, but in any event within 10 days of receipt of the delivered Products, and only to unpack or use the Products to the extent necessary to assess whether it will keep the Product. In doing so, the Purchaser shall examine whether the quality and quantity of the Products delivered corresponds to the Agreement and whether the Products meet the requirements applicable to them in normal (commercial) dealings.
  2. The Buyer is obliged to investigate in which way the Product should be used and in case of personal use, to test the Product in accordance with the instructions for Protega Solutions does not recognize any liability for the wrong use of the Product by the Buyer, nor by wrong advice given by the Buyer to the Buyers of the Buyer.
  3. Any visible defects or shortages must be reported in writing to Protega Solutions within 10 days of delivery. Non-visible defects or shortages should be reported within (number of) days after discovery. In case of damage to the Product due to careless handling by the Buyer himself, the Buyer himself shall be liable for any decrease in value of the Product.
  4. If, pursuant to the previous paragraph, a complaint is made in a timely manner, the Buyer shall remain obliged to take delivery of and pay for the purchased goods. If there is a defect, the Buyer shall receive, after Protega Solutions has determined and approved the defect, a replacement Product or a credit In the case of a defect in a new Product, the Parties shall consult to return the Product or send a new Product.
  5. Return shipments will be accepted only if approved by Protega Solutions, and provided with a return number (which will be provided by Protega Solutions). The return address is (fill in address).
  6. If the Buyer exercises his right of complaint, he shall not be entitled to suspend his payment obligation nor to set off outstanding invoices.
  7. In the absence of a complete delivery, and/or if one or more Products are missing, and this is attributable to Protega Solutions, Protega Solutions shall, after a request to that effect by the Buyer, resend the missing Product(s) or cancel the remaining The receipt of the Products is leading in this respect. Any damage suffered by the Buyer as a result of the different scope of delivery cannot be recovered from Protega Solutions.
  8. Reclamation is not possible if the Buyer had wrong or different expectations of the Product in

Article 13 - Prices

  1. During the validity period of the Offer, the prices of the Products offered shall not be increased, except in the case that there are changes in VAT rates, as a result of legislation and regulations, price changes at the third parties or suppliers engaged by Protega Solutions or changes in the prices of the required raw materials or currency fluctuations, import and export duties (both domestic and foreign), shipping and/or delivery costs, Protega Solutions shall be entitled to increase the agreed price or fee accordingly and charge it to the Buyer.
  2. The prices stated in the Offer are exclusive of Shipping and any transport and packaging costs and administration costs are not included in the price, unless otherwise agreed.
  3. If after the conclusion of the Agreement but before the agreed date of delivery, the prices of auxiliary materials, raw materials, components, wages or other price-determining factors undergo a change, Protega Solutions is entitled to adjust the offer price accordingly, but not before three months have elapsed since the conclusion of the Agreement. The provisions of the previous sentence do not affect Protega Solutions’ authority to pass on price increases under laws and regulations at all times and to increase the offer price accordingly.
  4. Price increases resulting from additions and/or amendments to the Agreement shall be borne by the
  5. Protega Solutions shall provide the Buyer with an itemized invoice in respect of the Agreement in response to the order placed or the order specified.

Article 14 - Payment and collection policy.

  1. Payment shall be made by prepayment within a payment period of up to 30 days in the currency in which Objections to the amount of invoices must be reported within (number of) hours of the invoice date but do not suspend the payment obligation.
  2. The Buyer cannot derive any rights or expectations from an estimate issued in advance, unless the parties have expressly agreed otherwise.
  3. The Buyer shall pay these costs in a lump sum, to the account number and details of Protega Solutions made known to him. Except for special circumstances, the Buyer may make payment arrangements based on credit only after Protega Solutions’ explicit and written consent.
  4. If agreed, an advance payment must be paid before Protega Solutions begins its

 

  1. In case of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, Protega Solutions’ claims on the Buyer are immediately due and payable.
  2. Protega Solutions is entitled to have the payments made by the Buyer go first of all to reduce the costs, then to reduce the interest falling due and finally to reduce the principal sum and the current interest. Protega Solutions may, without thereby being in default, refuse an Offer of Payment, if the Buyer indicates a different order for allocation. Protega Solutions can refuse full repayment of the principal sum, if the fallen and current interest as well as the costs are not paid at the same time.
  3. If Buyer fails to fulfill his/her payment obligation, and has not fulfilled his/her obligation within the stipulated payment period of no more than (30) days, Buyer shall be in default.
  4. From the date the Buyer is in default, Protega Solutions shall, without further notice of default, claim the statutory (commercial) interest from the first day of default until full payment and compensation of the extrajudicial costs in accordance with article 6:96 BW to be calculated according to the graduated scale from the Decree on compensation for extrajudicial collection costs of July 1, 2012.
  5. If Protega Solutions has incurred more or higher costs which are reasonably necessary, these costs shall be eligible for Judicial and execution costs incurred shall also be borne by the Buyer.
  6. If the relevant conditions are met, no VAT will be charged in the case of intra-Community delivery. If the Buyer provides an incorrect or invalid VAT number, Protega Solutions has the right to charge the VAT to the Buyer afterwards, as well as to report fraud to the tax authorities in the country of delivery.

Article 15 - Retention of title

  1. All Products delivered by Protega Solutions, shall remain the property of Protega Solutions until the Buyer has fulfilled all following obligations from all Agreements concluded with Protega Solutions.
  2. The Buyer is not authorized to pledge or otherwise encumber the Products subject to retention of
  3. If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the Buyer is obliged to notify Protega Solutions thereof as soon as may reasonably be
  4. The Buyer undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection on demand.
  5. In the event that Protega Solutions wishes to exercise its property rights referred to in this article, the Buyer hereby gives unconditional and irrevocable permission to Protega Solutions or third parties to be designated by Protega Solutions to enter all those places where Protega Solutions’ property is located and to take back those goods.
  6. Protega Solutions has the right to retain the Product(s) purchased by the Buyer, if the Buyer has not yet (fully) fulfilled his payment obligations, despite an obligation of Protega Solutions to transfer or After the Buyer has still fulfilled its obligations, Protega Solutions shall still deliver the purchased Products to the Buyer as soon as possible, but at the latest within 20 working days.
  7. Costs and other (consequential) damage as a result of the retention of the purchased Products shall be at the expense and risk of the Buyer and shall be compensated by the Buyer to Protega Solutions on first

Article 16 - Warranty

Protega Solutions guarantees that the Products comply with the Agreement, the specifications stated in the offer, usability and/or soundness and the legal rules/regulations at the time of the conclusion of the Agreement. This also applies if the goods to be delivered are intended for use abroad and Buyer explicitly notified Protega Solutions of this use in writing at the time the Agreement was concluded.

Article 17 - Suspension and dissolution

  1. Protega Solutions is authorized to suspend the fulfillment of obligations or to dissolve the Agreement, if the Buyer does not or not fully fulfill the (payment) obligations under the Agreement.
  2. Furthermore, Protega Solutions is authorized to dissolve the Agreement(s) existing by it and the Buyer, insofar as these have not yet been executed, without a judicial agreement, if the Buyer does not, in a timely manner or does not properly fulfill the obligations arising for him from any Agreement entered into with Protega Solutions, as well as in the case of bankruptcy or suspension of payment of the Buyer or in the event of shutdown or liquidation of his Company.
  3. Furthermore, Protega Solutions is authorized to dissolve the Agreement or have it dissolved without prior notice of default if circumstances arise that are of such a nature that fulfillment of the Agreement can no longer be required or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise that are of such a nature that unchanged maintenance of the Agreement can no longer be reasonably expected.
  4. If the Agreement is dissolved, Protega Solutions’ claims against the Buyer shall be immediately due and If Protega Solutions suspends fulfillment of its obligations, it shall retain its claims under the law and the Agreement.
  5. Protega Solutions always retains the right to claim

Article 18 - Limitation of liability

  1. If execution of the Agreement by Protega Solutions leads to Protega Solutions’ liability towards the Buyer or third parties, such liability shall be limited to the costs charged by Protega Solutions in connection with the Agreement, up to a maximum of once the order value. The liability is in any case limited to the maximum amount of damages paid by the insurance company per event per year.
  2. Protega Solutions shall not be liable for consequential damage, indirect damage, trading loss, loss of profits and/or losses suffered, missed savings, damage due to business stagnation and damage resulting from use of Products supplied by Protega Solutions is excluded.

 

  1. Protega Solutions is not liable for damages that are or may be the result of any act or omission as a result of (imperfect and/or incorrect) information on the Website(s) or those of linked Websites.
  2. Protega Solutions is not responsible for errors and/or irregularities in the functionality of the Website and is not liable for malfunctions or unavailability of the Website for any reason.
  3. Protega Solutions does not guarantee the correct and complete transmission of the content of and e- mail sent by/on behalf of Protega Solutions, nor its timely receipt.
  4. Protega Solutions explicitly rejects all liabilities and claims of Buyers and third parties that have incurred (physical) damage through the use of the Products. The Products offered by Protega Solutions shall only be used in accordance with the terms of use of the manufacturer and software In case of doubt a Buyer and/or user shall contact Protega Solutions.
  5. All claims of the Buyer for shortcomings on the part of Protega Solutions shall expire if they have not been reported to Protega Solutions in writing and with reasons within six months after the Buyer was aware or could reasonably have been aware of the facts on which he bases his claims.

Article 19 - Transfer of risk

The risk of loss of or damage to the Products that are the subject of the Agreement shall pass to the Buyer at the time the goods leave Protega Solutions’ warehouse. Also if the goods are brought into the control of the Buyer and/or third parties, the risk is transferred to the Buyer.

Article 20 - Force majeure

  1. Protega Solutions shall not be liable when, as a result of a force majeure situation, it cannot fulfill its obligations under the Agreement, nor can it be held to fulfill any obligation, if it is hindered to do so as a result of a circumstance that is not due to its fault, and is not for its account by virtue of the law, a legal act or generally accepted practice.
  2. Force majeure shall in any case include, but not be limited to, what is understood in this respect in the law and jurisprudence, (i) force majeure of Protega Solutions’ suppliers, (ii) failure to properly fulfil obligations of suppliers prescribed or recommended to Protega Solutions by the Buyer, (iii) defectiveness of goods, equipment, software or materials of third parties, (iv) government measures, (v) electricity failure, (vi) failure of internet, data network and telecommunication facilities (for instance due to cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in Protega Solutions’ Company and (xi) other situations that, in Protega Solutions’ opinion, fall outside its sphere of influence that temporarily or permanently prevent fulfillment of its
  3. Protega Solutions has the right to invoke force majeure if the circumstance preventing (further) fulfillment occurs after Protega Solutions should have fulfilled its commitment.
  4. The parties may suspend the obligations under the Agreement during the period of force majeure. If this period lasts longer than two months, each of the parties is entitled to dissolve the Agreement, without any obligation to compensate the other party for damages.
  5. Insofar as Protega Solutions at the time of the occurrence of force majeure has already partially fulfilled its obligations under the Agreement or will be able to fulfill them, and independent value can be attributed to the fulfilled or still to be fulfilled part respectively, Protega Solutions is entitled to invoice the part already fulfilled or still to be fulfilled part separately. The Buyer is bound to pay this invoice as if it were a separate Agreement.

Article 21 - Intellectual Property Rights.

  1. All IP rights and copyrights of Protega Solutions shall belong exclusively to Protega Solutions and shall not be transferred to Buyer unless otherwise agreed.
  2. The Buyer is prohibited from disclosing and/or reproducing, modifying or making available to third parties all documents subject to Protega Solutions’ IP rights and copyrights without Protega Solutions’ explicit prior written consent. If the Buyer wishes to make changes to items delivered by Protega Solutions, Protega Solutions must explicitly approve the intended changes.
  3. The Buyer is prohibited from using the Products subject to Protega Solutions’ intellectual property rights other than as agreed in the Agreement.
  4. Ownership of the mold shall pass to Buyer after all costs have been paid to Protega

Article 22 - Instructions for use Products

  1. Purchaser of Products shall follow the regulations and instructions of Protega
  2. The Buyer and third parties must refrain from modifying and/or repairing Products

Article 23 - Confidentiality

  1. Protega Solutions and Buyer undertake to keep confidential all confidential information obtained in the context of an Confidentiality arises from the order or which can reasonably be expected to be confidential information.
  2. If Protega Solutions is obliged on the basis of a statutory provision or a court ruling to (communicate) the confidential information to a third party designated by the law or a competent court or indicated third party, and Protega Solutions cannot invoke a right to privilege, Protega Solutions shall not be obliged to pay any compensation and the Buyer shall not be entitled to dissolve the Agreement.
  3. The confidentiality obligation shall also impose on Protega Solutions and the Buyer the third parties to be engaged by them.

Article 24 - Privacy, data processing and security

  1. Protega Solutions shall handle the (personal) data of Buyer and Users of the Website(s) with care and shall use them only in accordance with the privacy statement. If requested, Protega Solutions will informthe data Questions about the processing of personal data and further information can be addressed in writing to Protega Solutions.
  2. If Protega Solutions is required by the Agreement to provide security of information, such security shall comply with the agreed specifications and a level of security that is not unreasonable in view of the state of the art, the sensitivity of the data, and the associated costs.

Article 25 - Complaints

  1. If the Buyer is not satisfied with Protega Solutions’ service or Products or otherwise has complaints about the purchase agreement, the Buyer is obliged to report these complaints as soon as possible, but no later than 10 days after the relevant occasion that led to the Complaints can be reported at info@protegasolutions.nl with the subject “complaint”.
  2. The complaint must be sufficiently substantiated and/or explained by the Buyer in order for Protega Solutions to handle the complaint.
  3. Protega Solutions will respond substantively to the complaint as soon as possible, but at the latest within 14 working days after receipt of the complaint.
  4. The parties will try to reach a solution

Article 26 - Applicable law

  1. Any agreement between Protega Solutions and the Buyer shall be governed by Dutch The applicability of the (CISG) Vienna Sales Convention is explicitly excluded.
  2. In case of interpretation of the contents and scope of these general conditions, the Dutch text thereof shall always be decisive. Protega Solutions has the right to amend these general terms and conditions
  3. All disputes arising from or as a result of the Agreement between Protega Solutions and the Buyer shall be settled by the competent court of the District Court of Gelderland, location Apeldoorn unless provisions of mandatory law lead to the competence of another court.

 

 

Apeldoorn, Nov. 17, 2023

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