Terms and Conditions

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 Research, complaints

Article 8 Transfer of risk

Article 9 Force majeure

Article 10 Suspension and dissolution

Article 11 Cancellation

Article 12 Price and costs

Article 13 Payment

Article 14 Collection costs

Article 15 Guarantee

Article 16 Liability and indemnification

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 Changes

Webshops module

Article 24 Consumer purchase

Data Protection Module

Data Protection Declaration and Consent to Use of Data (GDPR)

Module rental

Article 25 rental of 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 present general terms and conditions of CombiPlay BV.

Consumer The natural person who acts for purposes that fall outside his professional or business activities.

Customer The (potential) customer of the services and/or products provided by CombiPlay. The customer is a counterparty who acts in the exercise of a profession or business. A customer can also be a consumer, for which specific conditions apply.

Commercial activity CombiPlay BV is active in the sale of ball pool balls, board game accessories, foam parts and educational toys:      

CombiPlay, depending on which commercial activity the Customer enters into an agreement with, this refers to 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 also apply:

Webshops module (manufacture and delivery of webshop items by CombiPlay BV)

Data protection module

2.2 These General Terms and Conditions apply to every offer from CombiPlay and to every Agreement (remote) and orders concluded between CombiPlay and the Customer. The specific module or modules of these conditions also apply insofar as the offer or agreement relates to the goods and/or services mentioned therein. Unless otherwise stated, the specific modules apply in addition to what is stated in the general terms and conditions. If the General Module conflicts or is incompatible in any part with the provisions of the specific module or modules, the provisions of the specific module or modules concerned shall prevail.

2.3 Where the term 'general terms and conditions' is used in these general terms and conditions, 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 to all agreements with CombiPlay, for the execution of which CombiPlay uses the services of third parties, unless otherwise stated.

2.5 The applicability of special purchasing conditions, (general or specific) industry purchasing conditions or the general conditions or other provisions to which the Customer refers in any form is excluded, except if and insofar as they have been expressly accepted in writing by CombiPlay. In the event of conflicting general terms and conditions or purchasing conditions, the general terms and conditions of CombiPlay apply, unless otherwise agreed in writing.

2.6 If CombiPlay concludes agreements with the Customer more than once, the present general terms and conditions always apply to all subsequent agreements, regardless of whether or not they have been explicitly declared applicable.

2.7 If one or more provisions in these general terms and conditions are void or annulled, the other provisions of these general terms and conditions remain applicable.

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 quantities are offered by CombiPlay, this offer is valid while stocks last.

3.3 Agreements to which CombiPlay is a party are only considered concluded:

a) after signature by both parties of an agreement drawn up for this purpose, from the day of signature, or;

b) after receipt and approval of the written acceptance by the Customer of a quotation issued by CombiPlay;

c) after CombiPlay has approved a written/digital order.

d) if the Customer does not respond within 3 working days after receiving a digital order confirmation

3.4 In the case of oral agreements, the invoice is deemed to accurately and completely reflect the agreement, unless a complaint is submitted within 14 days of the invoice date.

3.5 If, during the execution of the work, CombiPlay receives an oral additional work order from the Customer or an employee or representative of the Customer and the Customer has accepted this work after the execution of the additional work or has not protested against the additional work, CombiPlay may assume that the additional work has been expressly Customer's request has been made at the prices and rates charged by CombiPlay.

3.6 The prices in the mentioned offers 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 does not oblige CombiPlay to perform part of the performance for a corresponding part of the stated price.

3.8 If a natural person concludes an agreement on behalf of or on behalf of another natural person or legal entity, he declares - by signing the contract - that he is authorized to do so.

3.9 CombiPlay cannot be held to its offer if the Customer can reasonably understand that the offer, or part thereof, contains an obvious mistake or typo.

Article 4 Images and data

The images, numbers, sizes, hardness, weights or descriptions included on CombiPlay's internet sites and in the offers and price lists it uses are only shown as an indication. Any model or image shown directly to the Customer also serves only as an indication, unless it is expressly agreed that the item to be delivered will fully correspond to it. The Customer cannot derive any rights from these images and data.

Article 5 Execution of the agreement

5.1 CombiPlay will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. This is based on the current state of science in the Netherlands.

5.2 CombiPlay determines the method of execution of the agreement, unless the parties have expressly agreed otherwise in writing. If and to the extent that this is required for the proper execution of the agreement, CombiPlay has the right to have work carried out by third parties.

5.3 If the Customer has reserved the delivery of certain materials and/or the execution of certain parts of the work, the Customer is liable for late delivery or late execution thereof. CombiPlay does not guarantee the quality of the parts supplied by the Customer, unless otherwise agreed in writing

5.4 The Customer ensures that all information and approvals that CombiPlay indicates are necessary or of which the Customer should reasonably understand that they are necessary for the execution of the agreement, are provided to CombiPlay in a timely manner. If the information and approvals required for the execution of the agreement have not been provided to CombiPlay in a timely manner, CombiPlay has the right to suspend the execution of the agreement and/or to charge the Customer for the additional costs resulting from the delay according to the usual rates. to take.

5.5 If it has been agreed that the agreement will be executed in phases, CombiPlay may suspend the execution of those parts that belong to a subsequent phase until the Customer has approved the results of the preceding phase in writing.

5.6 If the start or progress of the work is delayed by factors for which the Customer is responsible, the resulting damage and costs for CombiPlay must be reimbursed by the Customer.

5.7 Deviations in color of less than 10% or a color that falls within the two adjacent colors in the PMS color guide, a print run of more or less than 10% and/or and dimensions of less than 5 % can never give rise to any deviations unless otherwise agreed. to any claim for damages or non-payment of the full invoice. Areas are determined on the basis of whole square meters. Savings are included in the surface area and are not settled.

5.8 If work is carried out by CombiPlay or third parties engaged by CombiPlay in the context of the assignment at the Customer's location or a location designated by the Customer, the Customer will provide the facilities reasonably desired by those employees at its own expense. These facilities in any case include the provision of electricity, housing and other facilities.

5.9 The Customer indemnifies CombiPlay against any claims from third parties who suffer damage in connection with the execution of the agreement and which damage is attributable to the Customer.

5.10 All agreements are entered into under the suspensive condition of sufficient availability of the products in question.

Article 6 Delivery and right of complaint

6.1 Delivery takes place at CombiPlay's address, unless the parties agree otherwise.

6.2 The Customer is obliged to purchase the goods at the time that CombiPlay delivers them to him or has them delivered to him, or at the time when they are made available to him in accordance with the agreement.

6.3 If the Customer refuses to take delivery or fails to provide information or instructions necessary for delivery, CombiPlay is entitled to store the goods at the expense and risk of the Customer. If the Customer does not purchase the goods within 7 days, CombiPlay is entitled to sell the goods to someone else. If this is not possible, CombiPlay is entitled to destroy the items. The damage that CombiPlay suffers in the event of resale or destruction as well as the costs that CombiPlay incurs will be borne by the Customer.

6.4 If CombiPlay has specified a delivery period, this is indicative. A specified delivery time is therefore never a strict deadline. If a term is exceeded, the Customer must give 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 the Customer has made it available to CombiPlay.

6.6 CombiPlay reserves the right to complain as long as the Customer has not paid in full. Even if CombiPlay complains in a timely manner, the Customer remains obliged to purchase and pay for the purchased items. If the Customer wishes to return defective items, this will only be done with the prior written permission of CombiPlay. Returns must be sent free of charge in undamaged condition and original packaging.

Article 7 Research

7.1 The Customer is obliged to inspect the purchased item or the completed order at the time of delivery. Complaints about the delivered goods and/or the invoice must be reported in writing by the Customer to CombiPlay within 6 days. The notice of default must contain as detailed a description as possible of the shortcoming, so that CombiPlay is able to respond adequately. If the order has been placed by a reseller, CombiPlay has the right at any time to investigate the complaint with the end user. If the reseller provides no or insufficient cooperation in this regard, CombiPlay has the right to declare the complaint unfounded. After notification, CombiPlay will promptly process the complaint.

7.2 Visible damage to the goods or packaging must be noted on the delivery note / packing list immediately upon receipt and reported to CombiPlay in writing on the day of delivery.

7.3 After the six-day period referred to in this article has expired, the Customer is deemed to have approved the delivered goods or the invoice.

7.4 No rights can be derived from typographical, printing or writing errors stated on the website or in the offer/price list.

7.5 If a complaint is justified, CombiPlay will replace the delivered goods, unless this has demonstrably become pointless for the Customer. The latter must be communicated in writing by the Customer. However, CombiPlay is in all cases only liable within the limits of what is stated in the articles “Guarantee” and “Liability”.

Article 8 Transfer of risk

8.1 If the buyer refuses to accept delivery of the goods, all claims for costs of CombiPlay including 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 is transferred to the Customer at the time when these items are legally and/or actually delivered to the Customer and are therefore under the power of the Customer or of a party to be appointed by the Customer. to a third party or at the time when the goods are ready for delivery after the Customer has been notified in writing.

8.3 If CombiPlay is responsible for the transport of the goods that are the subject of the agreement, this is entirely at the expense and risk of the Customer. The responsibility of the carrier does not affect the risk of the Customer. The Customer must arrange for proper insurance himself.

Article 9 Force majeure

9.1 In these terms and conditions, force majeure means, in addition to what is understood in law and case law, all external causes, foreseen or unforeseen, over which CombiPlay has no influence, but as a result of which CombiPlay is unable to fulfill its obligations. This includes 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 by CombiPlay suppliers.

9.2 Parties may suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to terminate the agreement, without obligation to compensate the other party for damages.

9.3 Insofar as CombiPlay has already partially fulfilled its obligations under the agreement at the time of the occurrence of force majeure or will be able to fulfill them and independent value is attributed to the fulfilled or to be fulfilled part, CombiPlay is entitled to the part already fulfilled or to be fulfilled. to be invoiced separately. Customer is obliged to pay this invoice as if it were a separate agreement.

Article 10 Suspension and dissolution

10.1 CombiPlay is entitled to suspend the fulfillment of its obligations or to terminate the agreement if:

a) Customer does not or does not fully fulfill the obligations under the agreement;

b) circumstances that come to CombiPlay's attention after concluding the agreement give good reason to fear that the Customer will not fulfill the obligations. If there is good reason to fear that the Customer will only partially or improperly comply, the suspension is only permitted to the extent that the shortcoming justifies it;

c) When concluding the agreement, the customer was requested to provide security for the fulfillment of his obligations under the agreement and this security is not provided or is insufficient.

10.2 If the agreement is dissolved, CombiPlay's claims on the Customer are immediately due and payable. If CombiPlay suspends the fulfillment of its obligations, it retains its claims under the law and the agreement.

10.3 CombiPlay always reserves the right to claim damages.

Article 11 Cancellation

11.1 If the Customer wishes to cancel it after an agreement has been concluded and before the execution of the agreement has commenced, 10% will be charged as cancellation costs of the order price (including VAT), without prejudice to CombiPlay's right to full compensation. including lost profits.

11.2 If, upon cancellation, the Customer refuses to accept the goods already purchased by CombiPlay, especially for the Customer, whether or not they have been processed or processed, the Customer is also obliged to pay all resulting costs to CombiPlay.

11.3 If an item is (temporarily) unavailable, the Customer will receive a message from CombiPlay no later than one month after receipt of the order. In that case, the customer can cancel the order free of charge. If the Customer has already paid for the item to CombiPlay, a refund will be made to the Customer 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 CombiPlay cannot reasonably be expected to carry out the agreed work at the originally agreed price.

12.2 CombiPlay may pass on price increases after 1 month if price changes of more than 5 % have occurred between the time of offer or quotation and execution of the agreement/delivery with regard to, for example, social security contributions, sales tax, exchange rates, wages, raw materials, semi-finished products or packing material.

12.3 The prices of CombiPlay will be adjusted annually with an inflation correction.

12.4 CombiPlay will inform the Customer in writing of its intention to increase the price or rate. 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. The Customer must notify CombiPlay of this in writing and remains obliged to reimburse the costs/work incurred up to that time in the context of the Agreement.

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 the invoice was made, 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 require advance payment of (part of) the amount due as an advance. CombiPlay will only start work or make delivery after payment of the advance amount.

13.3 In the event that it has been agreed that work will be carried out before payment and that payment will take place after completion of the work but before shipment, the Customer is obliged to pay promptly. In the event of late shipment as a result of either late payment or late approval of proofs, the Customer is always obliged to pay for the order..

13.4 If the Customer fails to pay within the agreed term, the Client is legally in default. The Customer then owes interest of 1.5% per month or part of a month and also owes the statutory (commercial) interest. The interest on the amount due will be calculated from the moment the Customer is in default until the moment the full amount is paid.

13.5 In the event of liquidation, (application for) bankruptcy, admission of the Customer to statutory debt restructuring under the Natural Persons Debt Restructuring Act, placement under guardianship of the Customer, death of the Customer, seizure or (provisional) suspension of payment of the Customer, the claims of CombiPlay on the Customer are immediately due and payable.

Article 14 Collection costs

If the Customer is in default or in default in the (timely) fulfillment of his obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the Customer. The collection costs are calculated in accordance with the collection rate, with a minimum of € 350.00. If CombiPlay has incurred higher costs that were reasonably necessary, these are also eligible for reimbursement. Any reasonable legal and enforcement costs incurred will also be 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 the legal provisions and/or government regulations in force on the date the agreement was concluded. If agreed, CombiPlay also guarantees that the product is suitable for other than normal use.

15.2 Guarantee on the work carried out only applies if the parties have expressly agreed this in writing.

15.3 In all cases the warranty is limited to:

a) production errors and therefore does not include damage resulting from wear and tear, improper, careless or improper 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 expires:

a) in the event of operations, changes or changes by a Customer or a third party to or of the delivered goods;

b) when used for a purpose other than stated.

15.5 Price-reduced items are not covered by the warranty.

15.6 As long as the Customer does not fulfill his obligations arising from the agreements concluded by the parties, he cannot rely on this warranty provision.

Article 16 Liability and indemnification

16.1   If CombiPlay has attributably failed to fulfill its obligation, CombiPlay is only obliged to repair, replace or credit the defective products, all at CombiPlay's discretion, without the Customer being able to assert any further rights. to any compensation whatsoever. To the extent that CombiPlay is liable for any damage, that liability is in any case limited to a maximum of 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 materials or products received by CombiPlay from the Customer and to be processed or processed by CombiPlay if the Customer has not provided CombiPlay with a statement of the properties and nature of these materials or products no later than upon entering into the agreement;

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 the Customer of the delivered goods;

f) damage resulting from the advice it provides. Advice is always given on the basis of the facts and circumstances known to CombiPlay and in mutual consultation, whereby CombiPlay always takes the Customer's intentions as a guideline and starting point.
g. Damage resulting from actions of third parties, other than employees of van der Eng or auxiliary persons engaged for the execution of the agreement, including the making and putting into circulation of counterfeit products or the use by consumers of Products that are not for the benefit of the Customer produced;

16.3 CombiPlay is never liable for damage resulting from the presence of hazardous substances on or in the delivered goods if it was not aware of this at the time of delivery.

16.4 CombiPlay is not liable for damage of any nature whatsoever because CombiPlay relied on incorrect and/or incomplete data provided by the Customer, unless CombiPlay should have been aware of this incorrectness or incompleteness.

16.5 If building materials or resources that the Customer has made available or prescribed by the Customer have defects, the Customer is liable for the damage caused as a result.

16.6 The consequences of compliance with legal regulations or government decisions that come into effect after the day of the quotation will be borne by the Customer, unless it can reasonably be assumed that CombiPlay could have already foreseen those consequences on the day of the quotation.

16.7 The Customer indemnifies CombiPlay against any claims from third parties who suffer damage in connection with the execution of the agreement and which damage is attributable to the Customer.

16.8 Any claims for damages must be submitted to CombiPlay by registered letter without delay, or at least within 30 days at the latest, after the damage occurred.

16.9 The limitations of liability for damage included in these general terms and conditions do not apply if the damage is due to intent or gross negligence on the part of CombiPlay or its subordinates.

Article 17 Intellectual property and copyrights

17.1 Without prejudice to the provisions of these general terms and conditions, CombiPlay reserves the rights and powers vested in CombiPlay under intellectual property rights, including copyrights, trademark rights, patents and design rights.

17.2 The intellectual property on all items sold and/or produced by CombiPlay, designs, sketches, drawings, files and brochures provided rests with CombiPlay. All items sold and/or produced by CombiPlay, designs, sketches, drawings, files and brochures provided are exclusively intended for use by the Customer. These items may not be multiplied, resold, edited, modified, copied, reproduced, made public or brought to the attention of third parties by the Customer without the prior written permission of CombiPlay, except for the processing or resale of sold items which, by their nature, result in are intended for resale or processing. If the Customer brings the (material content of) these items to the attention of third parties, whether or not with the apparent intention of granting an order to that third party, the Customer will forfeit a fine of €5,000, without prejudice to the right to claim damages for insofar as the damage exceeds the amount of the fine. The damage also includes the full costs of product development and the full legal costs that CombiPlay must incur to recover its damage.

17.3 The Customer indemnifies CombiPlay against any claim from a third party that is based on the fact that data, designs, photos, illustrations and/or technical specifications supplied by the Customer infringe an intellectual property right or another right.

17.4 CombiPlay is entitled to include produced products in its communications and to use them for commercial purposes. This does not apply to productions for which a confidentiality agreement has been signed.

Article 18 Retention of title/right of retention

18.1 All materials and other items supplied by CombiPlay, whether processed or unprocessed, remain the property of CombiPlay until the Customer has fulfilled all obligations under all agreements concluded with CombiPlay. The Customer is not authorized to sell, pledge or encumber in any other way the items falling under the retention of title.

18.2 Goods delivered by CombiPlay, which are subject to retention of title pursuant to the first paragraph of this article, may only be resold in the context of normal business operations and may never be used as a means of payment.

18.3 Customer is responsible for insuring the goods subject to retention of title for their full replacement value. Any insurance payments for these goods will replace these goods and will be payable to CombiPlay.

18.4 In the event that CombiPlay wishes to exercise its ownership rights referred to in this article, the Customer now gives unconditional and irrevocable permission to CombiPlay or third parties to be designated by it to enter all those places where CombiPlay's properties are located and to share those items with to take back.

18.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereto, the Customer is obliged to inform CombiPlay of this as soon as possible.

18.6 CombiPlay has the right of retention as long as:

a) Customer has not or not fully paid the costs of the work;

b) Customer has not or not fully paid costs for previous work and there is sufficient connection between the claim and obligation to justify the suspension;

c) Customer has not or not fully paid other claims and there is sufficient connection between the claim and obligation to justify the suspension;

18.7 CombiPlay has the right to make delivery only 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 confirmed and irrevocable letter of credit issued by a Dutch bank. On the basis of this letter of credit, both transhipment and partial shipments are possible. The letter of credit can be transferred by CombiPlay.

19.2 The Customer guarantees that if an import certificate or permit is required for the import of the goods into the country of destination, such an import certificate or such an import permit has been obtained or will be obtained for shipment, failing which the Customer will be liable for any resulting damage. is liable.

Article 20 Confidentiality

20.1 Both parties are obliged to maintain confidentiality of all confidential information that they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by a party or if this arises from the nature of the information. This is further described with regard to customer data and privacy in the GDPR privacy statement 2018 document

20.2 CombiPlay only has the right to mention the client's logo on its website or other communications, unless this has been agreed otherwise through a non-disclosure agreement or another confidentiality agreement.

20.3 If CombiPlay is obliged to provide confidential information to third parties designated by law or the competent court on the basis of a legal provision or a court decision and CombiPlay cannot rely on a legal or authorized court recognized or permitted in this regard right of refusal, CombiPlay is not obliged to pay damages or compensation and the Customer is not entitled to terminate the agreement on the basis of any damage caused as a result.

Article 21 Translations of these terms and conditions

21.1 Only the version of these conditions in the Dutch language is authentic. If a translation deviates in any way, the Dutch text will prevail.

Article 22 Applicable law and Disputes

          Dutch law applies to every agreement between CombiPlay and Customer. All disputes arising from the agreement concluded between the parties will initially be decided by the competent court in Amsterdam. Nevertheless, CombiPlay has the right to submit the dispute to the legally competent court.

Article 23 Changes

These terms and conditions may be changed from time to time. The most recent version of the conditions is published on the CombiPlay website (www.CombiPlay.nl). Changes to the 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 regarding the purchase of one of the items offered in these web shops, the following applies:

a)    Articles 2.6 and 12.2 of these general terms and conditions do not apply.

b)    Notwithstanding Article 7, the statutory provisions on consumer protection apply.

c)     Notwithstanding Article 13.4, only the statutory interest applies.

d)    Notwithstanding Article 22 of these general terms and conditions, the court that has jurisdiction according to the law always has jurisdiction.

e)    If the agreement is concluded through one of the web shops of CombiPlay BV or the agreement can for other reasons be regarded as a distance purchase within the meaning of Article 7:46a of the Dutch Civil Code, the Customer has the right to do so within fourteen working days after receipt of the item. right to cancel the distance purchase without giving reasons.

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 which the order was paid. The costs of return shipping are not eligible for reimbursement.

g)    The foregoing stated under e) does not apply if the ordered product is manufactured in accordance with the Customer's specifications or is clearly personal in nature.

DATA PROTECTION MODULE

1. Data protection statement and consent for the use of data at CombiPlay BV

We see it as our responsibility to handle the information we obtain through the business relationship very carefully. On this page we indicate;

·         what data we collect when you use our website; 

·         why we collect this data and;

·         how we improve your user experience.

This privacy policy applies to the services of CombiPlay BV and to all affiliated web shops. By using our web shops you indicate that you accept the privacy policy.

CombiPlay BV respects the privacy of all users of its shops and ensures that the personal information you provide is treated confidentially.

2. Our Use of Collected Information

2.1 Use of our services

When you register at one of our shops, we ask you to provide personal data. This information is used to process the product you ordered. The data is stored on CombiPlay BV's own secure servers and on the party's server that keeps the backups for us. We will not combine this data with other personal data we have.

2.2 Customer account

We create a customer account for every customer who registers with us via the “register now” function, i.e. direct access to his file data stored with us through password-protected access. Here you can view information about your closed, open and recently sent orders or manage your personal data and the newsletter.

2.3 Create customer account

The following information must be provided when registering for a customer account (mandatory information):

·         Your email address

·         your password

·         Your first name

·         Your last name

You only need to indicate your billing and delivery address when you place an order. We need your correct name, address and payment details for your order. We need your e-mail address so that we can confirm receipt and shipment of your order and in general to communicate with you. We also use your e-mail address for your identification (as a login name) when you log in to your customer account. If you want to change your data or want to remove yourself from our files, you can contact us.

2.4 Newsletter

We use the e-mail address you provide to send the newsletter and require your confirmation that you, as the owner of the e-mail address, agree to receive it. You automatically agree when you place an order with us. If you no longer wish to receive our newsletter, you can unsubscribe at any time. Naturally, you will also find an unsubscribe link in every newsletter. At the bottom of every mailing you will find the option to change your details or unsubscribe.

2.5 Advertising banners

We also use the data collected during your visit to show you so-called advertising banners. This concerns advertisements that we place on third-party pages. This usually happens with the use of so-called cookies or pixels. Our aim is to make the advertising offer more useful and interesting for you, so in the context of the advertising banners you will mainly see products that you have already viewed on our site or products that are similar to the products you viewed (so-called retargeting). . 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 e-mail address) is 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 e-mail or other messages to us, we may store those messages. Sometimes we ask you for your personal information that is 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 BV's own secure servers and on the server of the party that keeps the backup for us or that of a third party. We will not combine this data with other personal data we have.

4.Cookies

4.1 Introduction

As indicated in the cookie banner, CombiPlay uses various types of cookies, web beacons and JavaScripts on its websites (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 can adjust the settings of your browser to accept cookies or not. 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 is only possible with the activation of cookies.

4.2 Consent

Under Dutch law, you must give prior consent for some of the cookies used by CombiPlay. This cookie policy indicates which cookies are involved.

By clicking “I agree” in the cookie banner or by continuing to use this website, you 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 agree to the placement of all cookies) by clicking on any part of the CombiPlay web pages (with the exception of opening this cookie policy or the CombiPlay privacy statement) or by surf to other pages of the CombiPlay websites. If you do not agree to the placing of all cookies as described in this cookie policy, you can adjust the settings 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. Information is stored in this text file. This information can be read by the website during a later visit. Some of these cookies are necessary because otherwise the site cannot function properly. Other cookies are used to increase the ease of use of the site for the visitor. For example, to safely remember your username and language preference. This means you no longer have to fill in this information every time you visit. Some cookies are used to show you targeted advertisements on the CombiPlay websites.

4.4 What types of cookies does CombiPlay use and for what purpose?

The cookies used by CombiPlay can be divided into different categories, as explained below.

4.4.1 Analytical cookies

These cookies are necessary to ensure that our websites are permanently tailored to the wishes of our users as best as possible by anonymously determining how users use our websites. Given the limited impact of these cookies on your privacy, no consent is required for the use of these cookies. These analytical cookies also include cookies that are placed and read by third parties for CombiPlay, such as Webtrekk and Google Analytics.

4.4.2 Social Media cookies

In order to easily share the content of our websites with others through buttons, we use social media cookies from the social media parties, so that various social media parties can recognize you. For the cookies that the social media parties place when clicking the buttons and the data that can be collected, we refer to the statement of these various parties (Facebook, Twitter, LinkedIn, Instagram, etc.). Your consent is required for the use of these cookies.

4.4.3 Advertising/profiling cookies

Advertisements are shown on the CombiPlay websites. Some of these advertisements use cookies. These cookies are placed on our website by us and by third parties so that relevant advertisements can be shown to you. Your consent is required for the use of these cookies.

For example, we use Doubleclick, a Google service to show you relevant advertisements. By using this service we collect information based on previous visits to our or other websites on the internet. This involves assigning a pseudonymous identification number (ID) to your browser to monitor which advertisements were displayed 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 only on the basis of legal regulations or in the context of the processing of order data. A transfer of this data by Google to third parties takes place only on the basis of legal regulations or in the context of the processing of order data. Under no circumstances will Google combine your data with other data recorded by Google.

4.4.4 Affiliate cookies

The category of advertising cookies also includes cookies that are 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 displayed advertisement. Based on this information, the advertiser of the advertisement in question can be rewarded.

Given their limited impact on the privacy of users, no consent is required for the use of these cookies.

4.4.5 Tracking cookies

Tracking cookies are used to collect information about your surfing behavior on our website, so that we can analyze our website and continue to improve the website. We also use these cookies for future advertising purposes. Your consent is required for the use of these cookies.

4.4.6 Unforeseen cookies

Due to the operation of the internet, CombiPlay cannot always check which cookies are placed by third parties via our websites. An example of how this can happen is if website content stored with other parties is displayed on our websites. If this is the case, we would greatly appreciate it if you let us know.

4.4.7 Retention Policy

Google Analytics cookies are deleted after exactly 15,768,000 seconds, i.e. 6 months. CombiPlay does not store your data for longer than is permitted by law. And no longer than is necessary to do our work. How long that is depends on the type of data. And the purpose for which we use the data.

4.5 Disable cookies

Most browsers are set to accept cookies by default, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some features and services on our and other websites may not function properly if cookies are disabled in your browser.

4.6 Change cookie policy

CombiPlay may make changes to this cookie policy from time to time, without notifying you, for example because its website or cookie regulations change. Changes will take effect immediately as soon as they are published on the website. We recommend that you consult this cookie policy regularly to be aware of any changes and, if desired, to adjust settings. By continuing to use this website, you agree to 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 the context of retargeting and advertising banners, we use third-party services that 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. If you have any questions about this privacy policy, please contact us:

CombiPlay BV

Lijnbaan 45

1969 ND Heemskerk

E-mail address: [email protected]

Telephone: 088-8810855

MODULE RENTAL

Article 25 Rental and Rental Conditions BallenBakBallen (hereinafter: BBB)

Article 25.1

Procedure:

1.   After you have accepted the quote, you will receive an invoice from us for the deposit to be paid and the rental amount.

2.   As soon as we have received this amount, you will receive a confirmation from us by email and we will schedule the transport.

3.   CombiPlay ensures that the BBB is delivered on the agreed day.

4.   The renter ensures that the BBB is placed in the nets in which the BBB was delivered and can be picked up on the day the rental period ends.

5.   If the BBB is returned in correct condition (clean, intact and in the correct quantities), CombiPlay will pay the lessor the deposit paid minus any damage costs within 10 working days.

Article 25.2

The landlord rents the BBB to the tenant for the completed rental period. For each day that the BBB is returned later, the amount in accordance with the rental table will be charged.

Article 25.3

The renter is obliged to take good care of the goods and to use them in accordance with their intended use (see renting 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
The lessor is not liable for damage or injury that the tenant causes to third parties, directly or indirectly, as a result of the use of the BBB. The tenant indemnifies the landlord against all claims from third parties.

Article 25.6

The tenant is obliged to return the BBB to the landlord at the end of the rental period, packed in the nets in which the BBB are delivered.

Article 25.7

The landlord is obliged to check the BBB for defects immediately after they have been returned. If something is not right with the BBB, the tenant must notify the tenant in writing within 10 working days. If the lessor does not do this, the lessor is deemed to agree with the condition in which the BBB was returned and any right to complain will lapse.

Article 25.8
Changes and additions to this agreement are only valid if they have been agreed in writing.

Article 26 Rental and Rental Conditions suction unit BallenBakBallen

Article 26.1

Procedure:

1.   After you have accepted the quote, you will receive an invoice from us for the deposit to be paid and the rental amount.

2.   As soon as we have received this amount, you will receive a confirmation from us by email and 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.   The tenant ensures that the suction unit is placed and secured again on the Europallet on the day the rental period ends and that it can be returned or collected within office hours.

5.   If the suction unit is returned in correct condition (clean and intact), the CombiPlay lessor will pay the deposit paid minus any damage costs within 10 working days.

Article 26.2

The landlord rents the suction unit to the tenant for the completed rental period. For each day that the suction unit is returned later, the amount in accordance with the rental table will be charged.

Article 26.3

The renter is obliged to take good care of the goods and to use them in accordance with their intended use (see the renting leaflet for 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
The lessor is not liable for damage or injury caused to third parties by the tenant, directly or indirectly, as a result of the use of the suction unit. The tenant indemnifies the landlord against all claims from third parties.

Article 25.6

The tenant is obliged to return the suction unit to the landlord at the end of the rental period, packed in the nets in which the BBB are delivered.

Article 25.7

The landlord is obliged to check the suction unit for defects immediately after it has been returned. If something is wrong with the suction unit, he must inform the tenant in writing within 10 working days. If the landlord does not do this, the landlord will be deemed to agree with the condition in which the suction unit was returned and any right to complain will lapse.

Article 25.8
Changes and additions to this agreement are only valid if they have been agreed in writing.

Article 27 Rental and Rental Conditions Ball BinBall Cleaning Machine

Article 27.1

Procedure:

1.   After you have completed this form, you will receive an invoice from us for the deposit and rental amount to be paid.

2.   As soon as we have received this amount, you will receive a confirmation from us by email and 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 picked up on the first day of the rental period from CombiPlay BV at our location Lijnbaan 45 in Heemskerk.

4.   The renter ensures that the Cleaning Machine is placed clean, empty and tied on the Europallet on the day the rental period ends and can be returned or collected.

5.   If the Cleaning Machine is returned in correct condition, the CombiPlay lessor will pay the deposit paid minus any damage costs within 10 working days.

Article 27.2

The landlord rents the Cleaning Machine to the tenant for the completed rental period. For each day that the Cleaning Machine is returned later, the amount in accordance with the rental table will be charged.

Article 27.3

The tenant is obliged to take care of the Cleaning Machine as a good manager and to use it in accordance with its intended purpose.

Article 27.4

Damage due to theft, loss or damage to the Cleaning Machine will be borne by the tenant.

Article 27.5
The lessor is not liable for damage or injury that the tenant causes to himself or third parties, directly or indirectly, as a result of the use of the Cleaning Machine. The tenant indemnifies the landlord against all claims from third parties.

Article 27.6

The renter is obliged to return the Cleaning Machine to the lessor clean, empty and tied on the Euro pallet on which the Cleaning Machine was delivered at the end of the rental period.

Article 27.7

The lessor is obliged to check the Cleaning Machine for defects immediately after it has been returned. If something is wrong with the Cleaning Machine, he must inform the tenant in writing within 10 working days. If the lessor does not do this, the lessor is deemed to agree with the condition in which the Cleaning Machine was returned and any right to complain will lapse.

Article 27.8
Changes and additions to this agreement are only valid if they have been agreed in writing.