TERMS AND CONDITIONS
CombiPlay BV
January 5, 2022
Table of contents
General Module
Article 1 Definitions
Article 2 Applicability
Article 3 Offers and quotations
Article 4 Images and data
Article 5 Execution of the agreement
Article 6 Delivery
Article 7 Investigation, complaints
Article 8 Transfer of Risk
Article 9 Force Majeure
Article 10 Suspension and termination
Article 11 Cancellation
Article 12 Price and costs
Article 13 Payment
Article 14 Collection costs
Article 15 Warranty
Article 16 Liability and indemnity
Article 17 Intellectual property
Article 18 Retention of title, right of retention
Article 19 Export
Article 20 Confidentiality
Article 21 Translations of these terms and conditions
Article 22 Applicable law and disputes
Article 23 Amendments
Webshops module
Article 24 Consumer purchase
Data Protection Module
Data Protection Statement and
consent to the use of data (GDPR)
Module
Rental
Article 25 Rental
from BallenBakBallen
Article 26 Rental
of suction unit for BallenBakBallen
Article 27 Rental
of a BallenBakBallen cleaning machine
Article 1 Definitions
General terms and conditions These general terms and conditions
from CombiPlay BV.
Consumer The natural
person who acts for purposes outside his professional or
business activities are covered.
Customer The (potential) purchaser of the CombiPlay
services and/or products delivered. The customer is a counterparty who acts in the exercise of a profession or
company. A customer can also be a consumer, specific rules apply
conditions.
Trading activity CombiPlay BV is active in
the sale of ball pool balls, board game accessories, foam parts and educational
toys:
CombiPlay depending on
This determines which commercial activity the Customer enters into an agreement with
intended for CombiPlay BV located at Lijnbaan 45, 1969 ND in Heemskerk. CombiPlay BV
is
registered with the Chamber of Commerce under number 77857755.
Article 2 Applicability
2.1 In addition to the General Module, the
following specific modules apply:
Webshops module (manufacture and delivery of webshop items
by CombiPlay BV)
Data protection module
2.2 These General Terms and Conditions apply
applies to every offer from CombiPlay and to every offer made
Agreement (remote) and orders between CombiPlay and the Customer. Also
the specific module or modules of these terms and conditions apply
insofar as the offer or agreement applies to the goods mentioned therein and/or
services relates. Unless otherwise stated, the specific modules apply
in addition to what is stated in the general terms and conditions. If the General
Module is in conflict or incompatible in any part with the provisions of the
specific module or modules, the provisions in the relevant module shall prevail
specific module or modules.
2.3 Where in these general terms and conditions the
term 'general terms and conditions' is used, this is understood to mean the
provisions of this General Module in combination with the provisions of one or
more applicable specific modules.
2.4 These general terms and conditions also apply
applies to all agreements with CombiPlay, for the execution of which
CombiPlay uses the services of third parties, unless otherwise
is decided.
2.5 The applicability of special
purchasing conditions, (general or specific) industry purchasing conditions or
the general terms and conditions or other provisions to which the Customer refers in any form
references are excluded, except if and insofar as this is expressly stated
have been accepted in writing by CombiPlay. In case of conflicting general terms
conditions or purchasing conditions, the general terms and conditions of CombiPlay apply,
unless otherwise agreed in writing.
2.6 If CombiPlay has entered into an agreement with the Customer more than once
concludes agreements, all subsequent agreements always apply to this
these general terms and conditions, regardless of whether they are explicit or not
have been declared applicable.
2.7 If one or more provisions in this
general terms and conditions are null and void or may be annulled, the
other provisions of these general terms and conditions apply.
Article 3 Offers and quotations
3.1 All offers, in whatever form, are
without obligation, unless a term for acceptance is stated in the offer.
Offers or quotations do not apply to future assignments.
3.2 If residual stock is purchased by CombiPlay
offered, this offer is valid while supplies last.
3.3 Agreements to which CombiPlay is a party,
are considered closed first:
a) after signature by both parties
agreement drawn up for this purpose, from the day of signature, then
well;
b) after receipt and approval of the
written acceptance by the Customer of an order issued by CombiPlay
quotation;
c) after approval by CombiPlay from a
written/digital order.
d) if Customer after receiving a digital
order confirmation does not respond within 3 working days
3.4 In the case of verbal agreements, the
invoice is deemed to reflect the agreement correctly and completely, except
complaint within 14 days after the invoice date.
3.5 If CombiPlay during the execution of the
receives a verbal additional work order from the Customer or a
employee or representative of the Customer and the Customer has after implementation of
the additional work, this work is accepted or at least not protested against the additional work,
CombiPlay may assume that the additional work is at the express request of
Customer is charged the prices and rates charged by CombiPlay.
3.6 The prices in the offers mentioned are
in Euros excluding VAT and other government levies, as well as
excluding shipping and any transport, travel and packaging costs, unless
expressly stated otherwise.
3.7 A composite quotation obliges CombiPlay
not to perform part of the performance against one
corresponding part of the stated price.
3.8 If a natural person acts on behalf of or
on behalf of another natural person or legal entity
concludes an agreement, he declares - by signing the contract -
to be authorized to do so.
3.9 CombiPlay cannot be held to its offer
held if the Customer can reasonably understand that the offer, or
part thereof contains an obvious mistake or typo.
Article 4 Images and data
on the CombiPlay internet sites and in the
images used by it and price lists,
numbers, sizes, hardness, weights or descriptions are only as
indication shown. Any model or model shown directly to the Customer
The image shown also serves only as an indication, unless expressly stated
it is agreed that the item to be delivered will correspond completely with it. No reference can be made to these images and data
rights are derived by the Customer.
Article 5 Execution of the agreement
5.1 CombiPlay will perform the agreement to the best of its ability
insight and ability and in accordance with the requirements of good workmanship.
This is based on the state of science known at that time
The Netherlands.
5.2 CombiPlay determines the method of execution of
the agreement, insofar as not expressly agreed between the parties
otherwise agreed in writing. If and to the extent a good one
performance of the agreement requires this, CombiPlay has the right
to have work carried out by third parties.
5.3 If the Customer requests the delivery of certain
materials and/or the execution of certain parts of the work
has reserved, the Customer is liable for late delivery or failure
timely implementation thereof. CombiPlay does not guarantee the quality of the
parts supplied by the Customer, unless otherwise agreed in writing
5.4 The Customer shall ensure that all data
and approvals, which CombiPlay indicates are necessary or
which the Customer should reasonably understand are necessary
be provided to CombiPlay in a timely manner for the execution of the agreement.
If the data and data required for the execution of the agreement are
approvals have not been provided to CombiPlay in a timely manner, CombiPlay has it
right to suspend the execution of the agreement and/or terminate the agreement
any additional costs resulting from delays will be charged according to the usual rates
To charge the customer.
5.5 If it has been agreed that the
agreement will be implemented in phases, CombiPlay can implement the agreement
suspend those parts that belong to a subsequent phase until the Customer completes the
has approved the results of the preceding phase in writing.
5.6 If the commencement or progress of the
work is delayed due to factors for which Customer is responsible
the resulting damage and costs for CombiPlay to be borne by the Customer
compensate.
5.7 Deviations in colour of less than 10% or
a color that falls within the two adjacent colors in the PMS color guide, a
circulation of more or less than 10% and/or and dimensions of less than 5 %
can never give rise to any liability, unless otherwise agreed
claim for compensation or non-payment of the full invoice.
Areas are determined on the basis of whole square meters. Savings are added
the surface area is included and is not settled.
5.8 If by CombiPlay or by CombiPlay
work is carried out by third parties in the context of the assignment
at the Customer's location or a location designated by the Customer, the Customer instructs
own costs for the care reasonably desired by those employees
facilities. In any case, these facilities include:
making electricity, housing and other facilities available
Services.
5.9 Customer indemnifies CombiPlay against any
claims from third parties in connection with the execution of the agreement
suffer damage and which damage is attributable to the Customer.
5.10 All agreements are entered into under the
suspensive condition of sufficient availability of the person concerned
Products.
Article 6 Delivery and right of complaint
6.1 Delivery will take place at CombiPlay's address,
unless the parties agree otherwise.
6.2 The customer is obliged to take delivery of the goods on
the moment that CombiPlay delivers it or has it delivered to him, or at
the moment at which they become available to him in accordance with the agreement
stated.
6.3 If Customer refuses to accept delivery or is negligent
with providing information or instructions necessary for the
delivery, CombiPlay is entitled to store the goods at its expense and risk
from Customer. If the Customer does not purchase within 7 days, CombiPlay
entitled to sell the goods to another person. If this is not possible,
CombiPlay is entitled to destroy the items. The damage caused by CombiPlay
resale or destruction as well as the costs incurred by CombiPlay
at the expense of the Customer.
6.4 If CombiPlay sets a term for delivery
specified, this is indicative. There is therefore never a specified delivery time
a fatal deadline. If a term is exceeded, the Customer must notify CombiPlay
written notice of default.
6.5 If CombiPlay requires data from the Customer
in the context of the execution of the agreement, the delivery time starts after
Customer has made this available to CombiPlay.
6.6 CombiPlay reserves the right to make complaints
as long as the Customer has not paid in full. Also if timely by CombiPlay
If a complaint is made, the Customer remains obliged to purchase and pay for the
purchased items. If the Customer wishes to return defective items, this will be done
this only with the prior written permission of CombiPlay.
Returns must be shipped carriage paid and in undamaged condition
original packaging.
Article 7 Research
7.1 The customer is obliged to return the purchased item or the
executed assignment at the time of delivery.
Complaints about the delivered goods and/or the invoice must be submitted by the Customer within 6 days
must be reported in writing to CombiPlay. The notice of default must be as follows
contain a detailed possible description of the shortcoming, so that CombiPlay
is able to respond appropriately. In case the order is placed by a reseller
has been placed, CombiPlay has the right at any time to file a complaint with the
end user research. The reseller does not specify or
If there is insufficient cooperation, CombiPlay has the right to file a complaint
to be declared unfounded. After notification, CombiPlay will immediately address the complaint
take treatment.
7.2 Visible damage to the goods or the
packaging must be included on the delivery note/packing list immediately upon receipt
noted and written to CombiPlay on the day of delivery
are reported.
7.3 After the expiry of the period specified in this article
the aforementioned period of six days, the Customer is deemed to have completed the delivered goods
approved invoice.
7.4 On the website or in the
any typesetting, printing or writing errors mentioned in the offer/price list cannot be covered by any rights
are derived.
7.5 If a complaint is justified, CombiPlay will
replace the delivered goods, unless this is demonstrably pointless for the Customer
become. The latter must be communicated in writing by the Customer. CombiPlay
However, in all cases it is only liable within the limits of the law
the articles “Warranty” and “Liability”.
Article 8 Transfer of Risk
8.1 If the buyer refuses to accept delivery of the
accept goods, all claims for costs from CombiPlay are included
transport and storage costs will immediately be borne by the buyer.
8.2 The risk of loss or damage to
the items that are the subject of the agreement are transferred to the Customer
moment at which these goods are legally and/or actually delivered to the Customer and
thus become under the control of the Customer or a third party to be designated by the Customer
delivered or at the time that the goods are ready for delivery after the
Customer has been notified of this in writing.
8.3 If CombiPlay is required for transport of the
matters that are the subject of the agreement are taken care of in their entirety
at the expense and risk of the Customer. The responsibility of the carrier
does not affect the Customer's risk. Customer must pay for one himself
to ensure proper insurance.
Article 9 Force Majeure
9.1 Force majeure is defined in these terms and conditions as:
in addition to what is understood in this regard in law and case law,
all external causes, foreseen or unforeseen, to which CombiPlay
cannot exert any influence, but as a result CombiPlay is unable to control the
fulfill obligations. Work strikes in the CombiPlay company,
computer and power failures, bad weather conditions, transport and
export barriers, theft, fire and stagnation in the delivery of goods
This includes suppliers of CombiPlay.
9.2 The parties may, during the period that the
force majeure continues to suspend the obligations under the agreement. If
If this period lasts longer than two months, each of the parties is entitled to:
to terminate the agreement, without obligation to pay compensation for damage to the
other party.
9.3 To the extent that CombiPlay at the time of the
occurrence of force majeure has now partially fulfilled its obligations
agreement has been fulfilled or will be able to fulfill it and is being fulfilled
respective part of the independent value to be fulfilled is CombiPlay
entitled to separate the part already fulfilled or to be fulfilled respectively
to invoice. Customer is obliged to pay this invoice as if it were one
separate agreement.
Article 10 Suspension and termination
10.1 CombiPlay is authorized to enforce compliance with the
suspend obligations or terminate the agreement if:
a) Customer's obligations under the agreement
does not comply or does not fully comply;
b) after concluding the CombiPlay agreement
circumstances that have come to our attention give good reason to fear that the Customer will
will not fulfill obligations. In case there is good reason to fear that
the Customer will only partially or improperly comply, is the suspension
only permitted to the extent that the shortcoming justifies it;
c) Customer upon conclusion of the agreement
has been requested to provide security for the fulfillment of its obligations
the agreement and this security is not provided or is insufficient.
10.2 If the agreement is terminated,
CombiPlay's claims on the Customer are immediately due and payable. If CombiPlay
suspends the fulfillment of the obligations, he retains his claims from the
law and agreement.
10.3 CombiPlay always reserves the right
to claim damages.
Article 11 Cancellation
11.1 If the Customer, after an agreement has been concluded,
has been established and before the execution of the agreement
started, if you wish to cancel it, 10% of the order price (including
VAT) will be charged as cancellation costs, without prejudice to CombiPlay's right
to full compensation including lost profits.
11.2 If the Customer refuses to accept the delivery upon cancellation
of the items already purchased by CombiPlay, especially for the Customer, whether or not
Customer is also processed or has been processed
obliged to pay all resulting costs to CombiPlay.
11.3 If an item is (temporarily) unavailable
Customer will receive from CombiPlay no later than one month after receipt of the
order message about this. In that case, the customer can place the order free of charge
Cancel. If the Customer has already paid for the item to CombiPlay,
reimbursement to the Customer will be arranged or settlement will take place.
11.4 Cancellation must be made in writing.
Article 12 Price and costs
12.1 CombiPlay may increase the price if
During the execution it appears that the originally agreed or
expected amount of work exceeds 10% or more so that this is reasonable
CombiPlay cannot be expected to carry out the agreed work
performed at the originally agreed price.
12.2 CombiPlay may increase prices after 1 month
pass on, if between the time of offer or quotation and
execution of the agreement/delivery price changes of more than 5 %
have occurred with regard to, for example, social security contributions, sales tax,
exchange rates, wages, raw materials, semi-finished products or packaging materials.
12.3 The prices of CombiPlay will increase annually
be adjusted for inflation.
12.4 CombiPlay will inform the Customer of its intention to
notify an increase in the price or rate in writing. CombiPlay will
state the size of the increase and the date on which it takes effect.
After this notification, the Customer may decide not to continue the Agreement
continue. Customer must notify CombiPlay of this in writing
remains liable for all costs incurred up to that time in the context of the Agreement
costs/work to be reimbursed.
Article 13 Payment
13.1 Payment must be made within 30 days
after the invoice date in a manner to be specified by CombiPlay in the currency in which
declared, unless the parties have agreed otherwise. Objections to the
amount of the invoices do not suspend the payment obligation.
13.2 CombiPlay is entitled to advance payment of
to request (part of) the amount due as an advance. First
After payment of the advance amount, CombiPlay will start the work
or proceed to delivery.
13.3 In the event that it has been agreed that
work is already carried out before payment and that payment takes place after completion of
the work but before shipment, the Customer is obliged to pay promptly.
Late shipment due to either late payment or late payment
approval of proofs, the Customer is always obliged to pay
the assignment.
13.4 If Customer fails to pay
within the agreed period, the client is legally in default.
The Customer will then owe interest of 1.5% per month or part of a month
month and the statutory (commercial) interest is also due. The interest on
the amount due will be calculated from the moment the Customer is in default
until the full amount has been paid.
13.5 In the event of liquidation, (application for)
bankruptcy, admission of the Customer to statutory debt restructuring
of the Debt Restructuring of Natural Persons Act, under guardianship of
Customer, death of Customer, attachment or (provisional) suspension of payment of Customer
CombiPlay's claims on the Customer are immediately due and payable.
Article 14 Collection costs
If the Customer is in default or default in the
(timely) fulfillment of its obligations, all reasonable costs will be charged
obtaining payment out of court at the expense of the Customer. The
collection costs are calculated in accordance with the collection rate, with a minimum
from €350.00. If CombiPlay has incurred higher costs, which ones?
were reasonably necessary, these will also be eligible for reimbursement
consideration. Any reasonable judicial and enforcement costs incurred
are also borne by the Customer.
Article 15 Warranty
15.1 CombiPlay guarantees that the products
comply with the agreement, the specifications stated in the offer, the
reasonable requirements of reliability and/or usability and on the date of the
conclusion of the agreement existing legal provisions and/or
government regulations. If agreed, the CombiPlay is also available
that the product is suitable for other than normal use.
15.2 The work carried out is guaranteed
only applies if the parties expressly agree to this in writing
agreed.
15.3 In all cases the warranty is limited to:
a) production errors and therefore does not include damages
as a result of wear and tear, improper, careless or incompetent use or
improper processing, handling, maintenance and storage;
b) deliveries to Customers within the EU; and
c) to replace or repair the item.
15.4 This warranty shall lapse:
a) in the event of edits, changes or
changes by a Customer or a third party to or of the delivered goods;
b) when used for a purpose other than that
indicated.
15.5 Items that are reduced in price are excluded from the
Guarantee.
15.6 As long as Customer
does not fulfill its obligations arising from the parties
concluded agreements, he cannot rely on them
warranty provision.
Article 16 Liability
and indemnification
16.1 If CombiPlay is attributable to a deficit
If CombiPlay fails to fulfil its obligation, it is only obliged to replace the defective products.
repair, replace or credit, all this according to
choice of CombiPlay, without the Customer being able to assert any right to
any compensation whatsoever. To the extent that CombiPlay is liable for
any damage, then that liability is in any case limited to a maximum
the amount of the payment to be provided by CombiPlay's insurer.
16.2 CombiPlay is not liable for:
a) deviations, errors and defects that
have gone unnoticed in proofs approved or corrected by the Customer;
b) writing and printing errors;
c) damage to goods received by CombiPlay from the Customer
and materials or products to be edited or processed by CombiPlay if
Customer does not notify CombiPlay at the latest upon entering into the agreement
has made an assessment of the properties and nature of these materials or products;
d) for indirect damage, including
consequential damage, lost turnover and profit, missed savings and damage due to
business stagnation;
e) unlawful or improper use by
Customer of the delivered goods;
f) damage resulting from the damage caused by it
advice provided. Advice is always given on the basis of CombiPlay
known facts and circumstances and in mutual consultation, whereby CombiPlay
always takes the Customer's intentions as a guideline and starting point.
g. Injury
resulting from actions of third parties, not being employees of van der
Eng or engaged for the purpose of the execution of the agreement
auxiliary persons, including the making and putting into circulation of
counterfeit products or the use by consumers of Products that are not at
have been produced for the Customer;
16.3 CombiPlay is never liable for damage
resulting from the presence of hazardous substances on or in it
delivered if it was not aware of this at the time of delivery.
16.4 CombiPlay is not liable for damage,
of whatever nature, because CombiPlay has relied on information provided by the Customer
incorrect and/or incomplete data, unless this is incorrect or incomplete
should have been known to CombiPlay.
16.5 If building materials or resources that the Customer
made available or prescribed by him, defects
may have, the Customer is liable for the damage caused as a result.
16.6 The consequences of compliance with legal
regulations or government orders issued after the day of the quotation
come into effect will be borne by the Customer, unless this is reasonably necessary
it is assumed that CombiPlay already had these consequences on the day of the quotation
can provide.
16.7 Customer indemnifies CombiPlay against any
claims from third parties in connection with the execution of the agreement
suffer damage and which damage is attributable to the Customer.
16.8 Any claims for damages must be submitted without delay,
at least within 30 days after the damage occurred, by registered letter to CombiPlay
submitted.
16.9 The provisions contained in these general terms and conditions
limitations of liability for damage do not apply if the damage
is due to intent or gross negligence on the part of CombiPlay or its subordinates.
Article 17 Intellectual
ownership and copyright
17.1 Without prejudice to the provisions of these general terms and conditions,
certain, CombiPlay reserves the rights and powers that CombiPlay
are entitled to on the basis of intellectual property law, including:
including copyrights, trademark rights, patents and design rights.
17.2 The intellectual property on all CombiPlay
goods sold and/or produced, designs, sketches,
drawings, files and brochures are owned by CombiPlay. All by CombiPlay
goods sold and/or produced, designs, sketches,
drawings, files and brochures are intended for use only
used by Customer. These items may not be reproduced by the Customer,
resold, edited, modified, copied, reproduced, made public,
or brought to the attention of third parties, without prior written notice
permission from CombiPlay, except for processing or resale of sold items
goods which, by their nature, are intended for resale
or editing. If the Customer is aware of the (material content of) these items
from third parties, whether or not with the apparent intention of providing that third party with a
If the Customer fails to issue an order, the Customer will forfeit a fine of €5,000,
without prejudice to the right to claim compensation for the damage
exceeds the amount of the fine. The damage also includes:
full costs of product development and the full legal costs that CombiPlay
must make recovery for its damages.
17.3 Customer indemnifies CombiPlay against any
claim from a third party that is based on the fact that by the customer
supplied data, designs, photos, illustrations and/or technical information
specifications infringe an intellectual property right or a
other right.
17.4 CombiPlay is entitled to produce
to include products in its communications and to use them for commercial purposes
goals. This does not apply to productions where a
confidentiality agreement has been signed.
Article 18 Retention of title/right of retention
18.1 All materials supplied by CombiPlay and
other items, whether processed or unprocessed, remain the property of CombiPlay
until the Customer fulfills all obligations under all agreements concluded with CombiPlay
has been fulfilled. The Customer is not authorized to do anything subject to the retention of title
to sell, pledge or encumber items in any other way.
18.2 Items delivered by CombiPlay that are subject to
the first paragraph of this article may fall under the retention of title
are only resold in the context of normal business operations
never be used as a means of payment.
18.3 Customer is responsible for insuring
of the goods subject to retention of title in full
replacement value. Any insurance payments for these goods
replace these goods and are payable to CombiPlay.
18.4 In the event that CombiPlay is in this
wishes to exercise the property rights referred to in this article, the Customer now gives notice
unconditional and irrevocable consent to CombiPlay or by it
third parties to be designated to enter all those places where CombiPlay properties are located
are located and to take those items back.
18.5 If third parties seize the assets under
retention of title delivered goods or wish to establish rights thereon or
apply, the Customer is obliged to inform CombiPlay of this as soon as possible
to set.
18.6 CombiPlay has the right of retention
so long:
a) Customer does not or does not pay the costs of the work
has not fully complied;
b) Customer does not charge for previous work
or has not fully complied and there is sufficient connection between the claim and
there is an undertaking to justify the suspension;
c) Customer does not have other claims or not in full
has complied and there is sufficient connection between the claim and obligation
exists to justify the suspension;
18.7 CombiPlay has the right to first deliver
to be transferred when the Customer has paid all claims to CombiPlay or
after the Customer has provided sufficient security.
Article 19 Export
19.1 Unless otherwise agreed in writing,
payment for export transactions must be made by means of a
a Dutch bank issued a confirmed and irrevocable letter of credit. On
Under this letter of credit, both transhipment and partial shipments are possible. It
letter of credit can be transferred by CombiPlay.
19.2 Customer guarantees that if for the import
of the goods in the country of destination an import certificate or permit
is required, such an import certificate or import permit
has been or will be obtained before shipment, failing which the Customer
liable for any resulting damage.
Article 20 Confidentiality
20.1 Both parties are obliged to
confidentiality of all confidential information they receive in the context of their
agreement from each other or from another source. Information applies
as confidential if this has been communicated by a party or if this arises
from the nature of the information. This concerns customer data and privacy
further described in the GDPR privacy statement 2018 document
20.2 CombiPlay only has the right to use its own
website or other expressions to mention the client's logo, unless this is the case
by means of a confidentiality agreement or
another confidentiality agreement has otherwise been agreed.
20.3 If CombiPlay is legally obliged to
determination of whether a court decision is held to be confidential information
to be provided to third parties designated by law or the competent court and
CombiPlay cannot rely on any statutory or statutory rights in this regard
competent court recognizes or permits the right of non-disclosure, CombiPlay is not
liable for damages or compensation and the Customer is not entitled
to terminate the agreement on the basis of any damage resulting from this.
Article 21 Translations
of these conditions
21.1 Only the Dutch language
stated version of these conditions is authentic. If a translation op
deviates in any way, the Dutch text will prevail.
Article 22 Applicability
law and disputes
On every agreement between CombiPlay and Customer
Dutch law applies. All disputes arising from the between
agreement concluded between the parties will initially be decided by
the competent court in Amsterdam. Nevertheless, CombiPlay has the right
submit the dispute to the competent court according to the law.
Article 23 Amendments
These terms may change from time to time
are being changed. The most recent version of the terms and conditions has been published
on the CombiPlay website (www.CombiPlay.nl). Changes to the terms and conditions
do not apply to orders already accepted by CombiPlay.
WEBSHOP MODULE
Article 24 Consumer purchase
If
and insofar as CombiPlay enters into an agreement with a Consumer
relating to the purchase of one of the items offered on these web shops
the following applies:
a)
The
Articles 2.6 and 12.2 of these general terms and conditions do not apply.
b)
In
deviating from Article 7, the legal provisions apply
consumer protection.
c)
In
deviating from Article 13.4, only the statutory interest applies.
d)
In
Deviation from Article 22 of these general terms and conditions is the judge
authorized according to the law is always authorized.
e)
If
the agreement is concluded through one of the CombiPlay BV web shops or
the agreement can be regarded as a distance purchase for other reasons
within the meaning of Article 7:46a of the Dutch Civil Code, the Customer has a period of fourteen working days
upon receipt of the item, the right to purchase at a distance without giving reasons
to dissolve.
f)
If
the goods are returned correctly in accordance with the return rules (see the
website), the purchase costs will be reimbursed to the account number
from where the order was fulfilled. The return shipping costs will not be incurred
eligible for reimbursement.
g)
It
The previous paragraph e) does not apply if the product ordered is
is manufactured in accordance with Customer specifications or clear
be personal in nature.
MODULE
DATA PROTECTION
1.
Data protection statement and consent to use
data at CombiPlay BV
We see it as our responsibility
We handle the information we receive through the business relationship very carefully
to acquire. On this page we indicate;
·
which
data we collect when you use our website;
·
Why
we collect this data and;
·
how
we use this to improve your user experience.
This privacy policy applies to the
services of CombiPlay BV and all affiliated web shops. By
By using our webshops you agree to the privacy policy
accept.
CombiPlay BV respects the privacy of
all users of its shops and ensures that the personal
information you provide to us will be treated confidentially.
2. Our use of
collected data
2.1 Use of our
services
When you log in to one of our shops
we ask you to provide personal data. This data is used
to process the product you ordered. The data is stored on
CombiPlay BV's own secured servers and on the party's server
which keeps the backups for us. We will not combine this data
with other personal data that we have.
2.2
Customer account
We create for every customer who joins us
registers a customer account via the “register now” function,
ie a password-protected direct access to his
file data stored with us. Here you can find information about your...
view closed, open and recently shipped orders or your
manage personal data and the newsletter.
2.3
Create customer account
The information below serves for registration
must be indicated for a customer account (mandatory information):
·
Your
e-mail address
·
Your
password
·
Your
first name
·
Your
last name
You only need to change your billing and delivery address
when you place an order. We have your correct one for your order
name, address and payment details are required. We need your email address so that
we can confirm and confirm the receipt and shipment of your order
in general to be able to communicate with you. We use your email address
In addition, for your identification (as a login name) when you log in to your
customer account. If you log in to your details
If you would like to adjust or have yourself removed from our files, please contact us
take with us.
2.4 Newsletter
We use it for you to send the newsletter
specified e-mail address and require your confirmation that you are as
owner of the email address agrees to receive it. You automatically agree when you place an order
places with us. If you no longer wish to receive our newsletter, you can unsubscribe
unsubscribe at any time. Naturally, you will also find it in every
newsletter an unsubscribe link. At the bottom
Every mailing you will find the option to change your details or to unsubscribe
to report.
2.5
Advertising banners
We use the data collected during your visit
data also to show you so-called advertising banners. This is what it's all about
advertisements that we place on third-party pages. This usually happens with
the use of so-called cookies or pixels. Our goal is to improve the advertising offer
more useful and interesting for you, that's why you see in the context of the
advertising banners in particular products that you have already viewed on our site or
products that are similar to the products you viewed (so-called retargeting). In the
In the context of advertising banners we only work with pseudonymous data;
information in non-encrypted textual form about your person (e.g. your name or
your email address) are not stored in the cookies. More information about
Cookies, pixels and retargeting can be found under points 4 and 6 of this policy.
3.
Communication
When you send email or other messages to us
sends, we may store those messages. Sometimes we ask you about
your personal data that are relevant to the situation in question. This
makes it possible to process your questions and answer your requests. The
data is also stored on CombiPlay's own secure servers
BV and on the server of the party that stores the backup for us or that
from a third party. We will not combine this data with others
personal data that we have.
4.
Cookies
4.1
Introduction
As indicated in the cookie banner, CombiPlay
its websites use various types of cookies, web beacons and
JavaScripts (hereinafter collectively referred to as “cookies”).
In this cookie policy we explain what
these cookies are, what these cookies are used for and how you use them
You can adjust the settings of your browser to whether or not to accept cookies
accept. Accepting cookies is not a condition for visiting
our website. However, we would like to point out that the use of the
shopping cart function and ordering products only by activating
cookies are possible.
4.2
Permission
For some of the ones used by CombiPlay
Cookies require prior consent under Dutch law
to give. This cookie policy indicates which cookies are involved.
By clicking “I agree”.
the cookie banner or by continuing to use this website, you are going
agree to the placing of all cookies described below when visiting
this website or other CombiPlay websites. You continue to use this
website (and therefore agrees to the placement of all cookies) by
clicking on any part of CombiPlay's web pages (with the exception of
of opening this cookie policy or the CombiPlay privacy statement) or
by surfing to other pages of the CombiPlay websites. If you don't
agrees to the placing of all cookies as described in this cookie
policy, you can adjust the settings for this in your browser.
4.3 What
are cookies?
A cookie is a small text file that
is placed on your computer when you visit a website. In this
text file stores information. This information can be provided at a later date
visits are read out by the website. Some of these cookies are
necessary because otherwise the site cannot function properly. Others
cookies are used to improve the ease of use of the site for the visitor
to increase. For example, to safely remember your username and
language preference. This means you no longer have to enter this information every time you visit
to fill. Some cookies are used to show you targeted advertisements on
the CombiPlay websites.
4.4 Which
types of cookies does CombiPlay use and for what?
The cookies used by CombiPlay are in
into different categories, as explained below.
4.4.1
Analytical cookies
These cookies are necessary for our websites
to permanently match our wishes as closely as possible
users by anonymously determining how users use our websites
to use. Given the limited impact of these cookies on your privacy, it is in favor of it
use of these cookies does not require permission. These analytical cookies
also include cookies placed by third parties on behalf of CombiPlay
and selected, such as Webtrekk and Google Analytics.
4.4.2
Social Media cookies
To make it easy to view the content of our websites
can share with others by means of buttons, we use social media
media cookies from the social media parties, so that various social media
parties can recognize you. For the cookies that the social media parties use
place when clicking the buttons and the data that can be collected with this
we refer to the statement of these various parties
(Facebook, Twitter, LinkedIn, Instagram, etc.). Before using this
cookies require your consent.
4.4.3
Advertising/profiling cookies
Advertisements appear on the CombiPlay websites
shown. Some of these advertisements use cookies. These cookies
are placed on our website by us and third parties so that they are relevant to you
advertisements can be shown. The use of these cookies requires your
permission required.
For example, we use Doubleclick, a
Google service to show you relevant advertisements. Through use
We collect information from this service based on previous visits
to our or other websites on the Internet. Your browser is hereby assigned a
pseudonym identification number (ID) assigned to check which
advertisements were shown in your browser and which advertisements were
called up. The cookies do not contain any personal information. A
transfer of this data by Google to third parties takes place solely on the basis of
legal regulations or in the context of the processing of order data
place. A transfer of this data by Google to third parties only takes place at
on the basis of legal regulations or in the context of the processing of
place order details. Under no circumstances will Google combine your data with
other data recorded by Google.
4.4.4
Affiliate cookies
Fall under the category of advertising cookies
also cookies used for 'affiliate marketing'. These cookies
provide information about the effectiveness of a displayed advertisement; the
cookie keeps track of whether a purchase has been made in response to a display
advertisement. Based on this information, the advertiser of the
relevant advertisement will be rewarded.
Given the limited impact of this on the
personal privacy of the users, is for the use of these cookies
no permission required.
4.4.5
Tracking cookies
Tracking cookies are used to collect information
to collect information about your surfing behavior on our website, so that we can analyze it
create our website and continue to improve the website. In addition
we also use these cookies for future advertising purposes. For the
Your permission is required to use these cookies.
4.4.6
Unforeseen cookies
Due to the operation of the internet, CombiPlay
not always checking which cookies are placed by third parties
parties via our websites. An example of how this can happen is if
website content stored by other parties on our websites
shown. If this is the case, we would greatly appreciate it if you let us know
makes known.
4.4.7
Retention Policy
Google Analytics cookies
are deleted after exactly 15,768,000 seconds, i.e. 6 months.
CombiPlay also stores your data
no longer than is permitted by law. And no longer than is necessary to do our work
can do. How long that is depends on the type of data. And the goal
what we use the data for.
4.5
Disable cookies
Most browsers are set to
accept cookies, but you can reset your browser to accept all cookies
to refuse or to indicate when a cookie is being sent. It is
However, some features and services on our and other websites may
will not function correctly if cookies are disabled in your browser.
4.6 Changes to cookie policy
CombiPlay will change from time to time
can make in this cookie policy, without informing you
because, for example, its website or cookie regulations change.
Changes will take effect immediately as soon as they are posted on the website
published. We recommend that you consult this cookie policy regularly
to be informed of any changes and, if desired, settings
to adjust. By continuing to use this website you agree
with any changes to the cookie policy.
5.0 Purposes
We do not collect or use information for
purposes other than those described in this privacy policy
unless we have obtained your permission in advance.
6.0 Retargeting and
data collection by third parties for advertising banners
In
We use services from for retargeting and banner advertising
third parties who place cookies on our site. This concerns the following
providers:
·
Doubleclick by Google, Google Inc., 1600 Amphitheater
Parkway, Mountain View, CA 94043, USA; https://www.google.com/intl/nl/policies/technologies/ads/
·
Facebook Inc., 1601 S. California Ave, Palo Alto, CA
94304, USA; https://www.facebook.com/about/privacy
·
Doubleclick by Google, Google Inc., 1600 Amphitheater
Parkway, Mountain View, CA 94043, USA; https://www.google.com/intl/nl/policies/technologies/ads/
7.0 Questions and feedback
We regularly check whether we comply with this privacy policy
policy compliance. If you have any questions about this privacy policy, please contact
us include:
CombiPlay
Ltd
Line track
45
1969
ND Heemskerk
E-mail address: [email protected]
Telephone: 088-8810855
MODULE RENTAL
Article 25 Rent and
Rental conditions BallenBakBallen (hereinafter: BBB)
Article 25.1
Procedure:
1.
Once
Once you have accepted the quotation, you will receive an invoice from us for the costs
pay deposit and rent.
2.
As soon
we have received this amount, you will receive a confirmation from us by email
we will schedule the transport.
3.
CombiPlay
ensures that the BBB is delivered on the agreed day.
4.
Tenant
ensures that the BBB on the day the rental period ends, in the networks in which the
BBB have been delivered, installed and can be picked up.
5.
If
the BBB are in correct condition (clean, intact and in the correct quantities).
returned, the CombiPlay landlord will pay the deposit paid within 10 working days
minus any damage costs.
Article 25.2
Landlord rents out the
BBB to tenant for the completed
rental period. The amount will increase for each day that the BBB is returned later
charged in accordance with the rental table.
Article 25.3
Tenant is required
to take care of the goods as a good steward, and in accordance with the
destination (see rental leaflet from BallenBadBallen).
Article 25.4
Damage due to theft,
loss or damage to the BBB will be borne by the tenant.
Article 25.5
For damage or injury caused by the tenant to third parties, directly or indirectly
caused by the use of the BBB, the lessor is not liable.
The tenant indemnifies the landlord against all claims from third parties.
Article 25.6
Tenant is required
the BBB at the end of the rental period packed in the nets in which the BBB
are delivered to the lessor to be returned.
Article 25.7
is the landlord
obligates the BBB to check for
defects. If something is wrong with the BBB, he must become a tenant
notify us of this in writing within 10 working days. Does the landlord
If this is not the case, the lessor will be deemed to agree with the state in which the BBB
have been returned and any right to claim lapses.
Article 25.8
Changes and additions to this agreement are only valid if they:
agreed in writing.
Article 26 Rent and
Rental conditions for suction unit BallenBakBallen
Article 26.1
Procedure:
1.
Once
Once you have accepted the quotation, you will receive an invoice from us for the costs
pay deposit and rent.
2.
As soon
we have received this amount, you will receive a confirmation from us by email
you can pick up the unit or we will schedule transport.
3.
CombiPlay
ensures that the suction unit is delivered on the agreed day.
4.
Tenant
ensures that the suction unit is back on track on the day the rental period ends
The Euro pallet is placed and lashed down within office hours
can be returned or picked up.
5.
If
the suction unit is returned in correct condition (clean and intact).
CombiPlay lessor within 10 working days the deposit paid minus any
damage costs.
Article 26.2
Landlord rents out the
suction unit to tenant for the completed
rental period. For each day that the suction unit is returned later, it will be charged
amount will be charged in accordance with the rental table.
Article 26.3
Tenant is required
to take care of the goods as a good steward, and in accordance with the
destination (see leaflet for renting the BallenBadBallen suction unit).
Article 26.4
Damage due to theft,
loss or damage to the suction unit will be borne by the tenant.
Article 26.5
For damage or injury caused by the tenant to third parties, directly or indirectly
the lessor is not liable for the use of the suction unit. Tenant
indemnifies the landlord against all claims from third parties.
Article 25.6
Tenant is required
the suction unit is packed at the end of the rental period in the nets in which the BBB
are delivered to the lessor to be returned.
Article 25.7
is the landlord
obliged to check the suction unit immediately after it has been returned
defects. If something is wrong with the suction unit, it must be rented
notify us of this in writing within 10 working days. Does the landlord
If this is not the case, the landlord is deemed to agree with the condition of the suction unit
has been returned and any right to complain expires.
Article 25.8
Changes and additions to this agreement are only valid if they:
agreed in writing.
Article 27 Rent and
Rental conditions BallBakBall Cleaning Machine
Article 27.1
Procedure:
1.
Once
Once you have completed this form, you will receive an invoice from us for the costs
pay deposit and rent.
2.
As soon
we have received this amount, you will receive a confirmation from us by email
we will schedule the transport.
3.
CombiPlay
ensures that the BBB Cleaning Machine is delivered on the agreed day.
If the tenant arranges his own transport, the Cleaning Machine can be delivered to the
can be collected from CombiPlay BV on the first day of the rental period
branch Lijnbaan 45 in Heemskerk.
4.
Tenant
ensures that the Cleaning Machine is clean,
is placed empty and tied on the Europallet and is returned
can be picked up.
5.
If
If the Cleaning Machine is returned in correct condition, CombiPlay will pay
the landlord will receive the paid deposit minus any damage costs within 10 working days.
Article 27.2
Landlord rents out the
Cleaning machine to tenant for the completed rental period. For every day that
If the Cleaning Machine is returned later, the amount will be in accordance with the
rental table charged.
Article 27.3
Tenant is required
to take care of the Cleaning Machine like a good steward, and in
to be used in accordance with the intended purpose.
Article 27.4
Damage due to theft,
loss or damage to the Cleaning Machine will be borne by
tenant.
Article 27.5
For damage or injury that the tenant causes to himself or third parties, directly or indirectly,
caused by the use of the Cleaning Machine is the lessor
not liable. The tenant indemnifies the landlord against all claims
third parties.
Article 27.6
Tenant is required
the Cleaning Machine clean, empty and at the end of the rental period
strapped to the Euro pallet on which the Cleaning Machine was delivered
to be returned to the landlord.
Article 27.7
is the landlord
is obliged to return the Cleaning Machine immediately after it has been returned
check for defects. If something is wrong with the
Cleaning machine, he must inform the tenant within 10 working days
notify in writing. If the landlord does not do this,
the lessor is deemed to agree with the condition of the Cleaning Machine
returned and any right to complain will lapse.
Article 27.8
Changes and additions to this agreement are only valid if they:
agreed in writing.
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