General Terms and Conditions of deWebshop.com

These General Terms and Conditions were filed with the Chamber of Commerce and Industry in Utrecht, The Netherlands.

Article 1. Definitions

In these General Terms and Conditions, hereinafter referred to as “Conditions”, the following words shall have the meanings assigned to them below:

deWebshop:  deWebshop.com, with its registered office in Utrecht, The Netherlands, its legal successors under universal title and all companies affiliated to it or to such legal successors;
Purchaser:  any natural person or legal entity who/which places orders with deWebshop.com, who/which purchases products from deWebshop.com, or with whom/which deWebshop.com enters into an Agreement, or with whom/which deWebshop.com is negotiating on concluding an Agreement;
Contract: any agreement, whether verbal or written, concluded between deWebshop.com (as Seller) and a Purchaser, any instruction or addition thereto, as well as all acts, including juristic acts, in preparation and in execution of such agreement;
Products:  all goods that are the subject of a Contract, as well as related services performed by deWebshop.com for the Purchaser;
Order:  any order by the Purchaser, in any form whatsoever;
Works:  all of deWebshop.com’s product locations, warehouses and industrial sites.

Article 2. Applicability

2.1 These General Terms and Conditions shall apply to all of deWebshop.com’s offers, orders and quotations, etc. (including enclosures, documentation, illustrations, calculations etc.) and shall form part of any Contract or legal relationship, unless agreed otherwise in writing between the parties. Deviations from these General Terms and Conditions shall only apply if and insofar as agreed on in writing between the parties.
2.2 Any general terms and conditions or specific conditions or stipulations applied by the Purchaser are explicitly rejected by deWebshop.com.
2.3 Unless the nature or the specific contents of a provision in these Conditions dictates/dictate otherwise, the provisions of these Conditions shall also apply to agreements and legal relationships in which deWebshop.com does not act in its capacity of Seller.

Article 3. Offers

3.1 All offers etc. made by deWebshop.com shall be without engagement, unless a term of validity is stated in the written offer. All Orders must be placed in writing.
3.2 deWebshop.com shall not be liable for any printing errors, writing errors and or calculating errors and/or obscurities in offers or quotations.
3.3 All statements by deWebshop.com of numbers, measurements, weights and/or any other indications of the Products shall in all cases be without any commitment, unless explicitly agreed otherwise by the Parties.
3.4 Any illustrations, drawings, descriptions or statements of measurements, weights or calculations, as well as any other specifications shown or provided before or upon the conclusion of the Contract shall only be indications of the relevant Products, without the article due being required to correspond entirely.


Article 4. Conclusion of the Contract

4.1 If an offer without engagement or an Order is involved, without deWebshop.com having provided an offer in respect thereof, a Contract shall only be concluded if and insofar as deWebshop.com accepts an Order from the Purchaser in writing or an Order is executed by deWebshop.com, in which case the invoice, for example, may provide written evidence of the Contract.
4.2 Should an irrevocable offer be concerned, the Contract shall be concluded at the time of receipt by deWebshop.com of the Purchaser’s written acceptance within the period stipulated in the offer.
4.3 Should a Purchaser’s acceptance deviate from deWebshop.com’s offer, this shall apply as a new bid (Order) on the part of the Purchaser and as a rejection of deWebshop.com’s offer, even if only a minor deviation is concerned.
4.4 Upon deWebshop.com’s accepting and setting the price, it shall be assumed that the Contract will be executed under normal circumstances, at deWebshop.com’s offices and during deWebshop.com’s normal working hours. The Contract and prices shall be based on the data furnished by the Purchaser prior to the moment of acceptance by deWebshop.com.


Article 5. Alterations

5.1 Alterations and/or additions to any provision in a Contract and/or the General Terms and Conditions shall only be agreed on in writing.
5.2 Should an alteration and/or addition as referred to in Article 5.1 be agreed, such alteration or addition shall only apply to the relevant Contract.


Article 6. Discontinuation of the Order

Should it turn out during execution of the Contract that deWebshop.com cannot execute the Contract technically, this being at the discretion of deWebshop.com, or that the cost of so doing is not in reasonable proportion to the result to be achieved, deWebshop.com shall at all times be entitled to discontinue the execution of the Contract and/or to terminate the Contract. The Purchaser shall then be obliged to compensate deWebshop.com for all costs incurred.


Article 7. Prices

7.1 Unless otherwise stated in price lists, offers, order confirmations or Contracts, the prices and rates and/or net prices/rates stated by deWebshop.com shall be exclusive of value added tax and/or any other levies due in connection with the execution of the Contract. These prices shall apply to delivery ex works, except insofar as the Parties agree otherwise in writing.
7.2 Unless explicitly agreed otherwise in writing, any assembly costs, service charges or costs in respect of transport, forwarding and unloading (and any insurance in respect thereof), any import or export duties or excise duties, and any other levies or taxes imposed or levied in respect of the Products shall in no case be included in the price/rate quoted.
7.3 Packaging material shall not be included in the price and may be charged for separately. Packaging material shall not be taken back. The Purchaser shall be charged separately for any costs in respect of the removal of the packaging, unless otherwise agreed in writing.
7.4 The Purchaser shall be charged for any costs of materials, models, tools and/or other goods, installation, storage or preparation for use and/or driving, unless otherwise agreed in writing.
7.5 Any price increases arising from additions and/or alterations made to the Contract at the Purchaser’s request shall be borne by the Purchaser.
7.6 Should deWebshop.com provide services, the Purchaser shall be required to pay any costs in respect thereof on the basis of the time actually spent, at the hourly rates applicable at the time of execution of the services and based on the materials actually used, if need be plus a surcharge.
7.7 Should the Products consist (or also consist) of deWebshop.com performing services in a location other than its office or workshop, such shall to be agreed in writing.
7.8 Any change in the factors referred to hereinafter which influence the price/rate or costs incurred by deWebshop.com as referred to in this Article, including but not limited to prices of raw materials, pay rises, inflation corrections, purchase prices, currency exchange rates, insurance rates or freight rates, may be passed on to the Purchaser by deWebshop.com if the costs/rates and/or the price increase/increases by more than 5%, whether or not with the prices of the current Orders being amended. Any other levies or taxes may in all cases be passed on to the Purchaser by deWebshop.com.


Article 8. Payment and security

8.1 Payment shall be made in the specified currency, without any discount or setoff and must be received by deWebshop.com no later than thirty (30) days from the date of the relevant invoice. Insofar as the Purchaser pays in another currency, all exchange rate risks shall be borne by the Purchaser.
8.2 If delivery is made in separate consignments, deWebshop.com may invoice for each consignment separately. deWebshop.com shall also be entitled to submit invoices for advance payments.
8.3 If payment is not received within the term referred to in Article 8.1, the Purchaser shall be in default by operation of law. From the moment the term referred to in Article 8.1 is exceeded, deWebshop.com shall be entitled, without prejudice to its other rights and without any specific notice of default being required, to charge the Purchaser for all costs incurred both in and out of court in respect of collection and the protection of its rights. The extrajudicial costs to be paid by the Purchaser, including bank charges and administrative expenses, shall in any case be set at 15% of the invoice amount, with a minimum of EUR 125, and shall be exclusive of any value added tax that may be due. Such shall not affect deWebshop.com’s other rights, such as the right to dissolution of the Contract and/or full compensation, which deWebshop.com shall be entitled to exercise should the Purchaser fail to fulfil an obligation.
8.4 Upon expiry of the term referred in to Article 8.1, the Purchaser shall owe statutory interest on the amount due.
8.5 Any complaints with regard to invoices are to be lodged in writing within two days of the date the invoice is sent.
8.6 Any payments made by the Purchaser shall in all cases serve first to settle any costs due, followed by any interest due, followed by any unpaid invoices that have been outstanding the longest, regardless of any specification by the Purchaser to the contrary.
8.7 deWebshop.com shall at all times be entitled to require security to be provided, in a manner specified by deWebshop.com, for the fulfilment of the payment obligations, and/or to only deliver on a cash-on-delivery basis, or to suspend fulfilment of the Contract until the said security has been provided to deWebshop.com’s satisfaction.
8.8 Should the Purchaser refuse to provide such security, deWebshop.com shall be entitled to dissolve the Contract with immediate effect, or to suspend execution of the Contract, without prejudice to its right to receive full compensation.
8.9 The Purchaser undertakes to grant deWebshop.com the full right of inspection, at deWebshop.com’s first written request, with regard to its creditworthiness on the basis of documents drawn up by a chartered accountant, or a similar person/institute, failing which deWebshop.com shall be entitled to dissolve the Contract without judicial intervention.


Article 9. Delivery, term of delivery and risk

9.1 The term of delivery stated by deWebshop.com shall be based on the circumstances applying to deWebshop.com at the time the Contract is concluded and, insofar as dependent on any performance by third parties, on data provided to deWebshop.com by such third parties. Any term of delivery specified shall in no case be considered to constitute a deadline and shall be no more than an indication.
9.2 The term of delivery shall take effect on the date of written confirmation of the Order by deWebshop.com, or in the absence of such confirmation on the date that deWebshop.com commences execution of the Order, and shall end on the date the notification referred to in Article 9.7 is sent to the Purchaser or, if deWebshop.com arranges transport as referred in Article 9.9, on the date on which the Products leave deWebshop.com’s premises. If deWebshop.com requires data or tools in order to execute the contract which are to be provided by the Purchaser, the term of delivery shall commence on the day that all the required data or tools are in the possession of deWebshop.com, but not before the date of the written confirmation of the Order.
9.3 Should the term of delivery be exceeded as a result of force majeure as referred to in Article 14, the term of delivery shall be extended accordingly.
9.4 Should the term of delivery be exceeded, deWebshop.com shall (again) quote a new term of delivery; the Purchaser shall not be entitled to any compensation in this respect. Should the term of delivery specified in accordance with Article 9.1 be exceeded by more than six months, the Purchaser shall be entitled to terminate the contract prematurely, provided that it informs deWebshop.com thereof in writing; this shall be without prejudice to deWebshop.com’s right to deliver the relevant Products to the Purchaser within three weeks following receipt of such notification. In the event of the Contract being terminated in the manner referred to above, the Purchaser shall only be entitled to compensation for any resulting damage if an intentional act or omission or gross negligence on the part of deWebshop.com is involved.
9.5 deWebshop.com shall at all times be entitled to deliver in parts.
9.6 A 5% upward or downward tolerance shall apply with respect to the Products to be delivered by deWebshop.com; in the event of any deviation within these limits, the Purchaser shall not have any right of recovery or the right to assert any other claims.
9.7 Unless otherwise agreed in writing, Products shall be delivered ex works. deWebshop.com shall inform the Purchaser of the time of delivery no later than three days prior to the said time. The Purchaser shall purchase the Products on the agreed date or cause them to be purchased on that date.
9.8 The customary conditions used in commerce as set out in the Incoterms (version 1990) published by the International Chamber of Commerce in Paris shall apply to the delivery of the Products, the costs of delivery and the transfer of risk; in each of these cases the applicable Incoterms as published by the International Chamber of Commerce in Paris from time to time shall apply.
9.9 Should deWebshop.com, notwithstanding the provisions of Article 9.7, arrange for transport of the Products, delivery of the products when delivered within the Netherlands shall be take place at the delivery address, at building locations on the ground floor; Products to be delivered outside the Netherlands shall be delivered at the national border. The Products shall be loaded and transported without insurance and at the Purchaser’s risk.
9.10 The Purchaser shall ensure, for its part, that nothing stands in the way of the agreed times being met, including the date of delivery and purchase. The Purchaser shall be required, for instance, to arrange for adequate loading and unloading facilities and to ensure that there is the shortest possible waiting period upon delivery.
9.11 Should the Purchaser fail to purchase the Products, or fail to so in time, it shall be deemed to be in default without any further notice of default being required. In such case, deWebshop.com shall be entitled to store the Products at the expense and risk of the Purchaser or to sell them to a third party after the expiry of a term set by deWebshop.com for the Purchaser to procure the Products. The Purchaser shall continue to owe deWebshop.com the purchase price, plus interest and costs and payment for any consequential damage sustained by deWebshop.com as a result of the Purchaser’s failure to purchase (by way of compensation); in such a case, however, this shall be minus the net proceeds of the sale to the said third party.


Article 10. Right of complaint

10.1 The Purchaser shall be obliged to inspect the Products. Any costs in respect of such inspection shall be borne by the Purchaser.
10.2 Complaints with regard to visible defects shall be made by the Purchaser, stating reasons, within eight (8) days of delivery or purchase of the Products in accordance with the previous article, by means of a registered letter addressed to deWebshop.com.
10.3 Any complaints regarding non-visible defects shall be made, stating reasons, within eight (8) days after the Purchaser discovered or could reasonably have discovered the defect, by means of a registered letter addressed to deWebshop.com.
10.4 Should no complaint be made within the said period or periods, the delivery shall be deemed to have been accepted by the Purchaser and the Purchaser shall lose all rights in respect thereof (and any liability on the part of deWebshop.com shall lapse), except in cases of an intentional act or omission or gross negligence on the part of deWebshop.com.
10.5 Any claims under Articles 10.1 and 10.2 shall be brought before a court of law within thirteen months following the timely complaint and shall otherwise lapse.
10.6 In the event of a complaint, the Purchaser shall be obliged to discontinue the use, processing or treatment of the relevant Products and to store the relevant Products at its own expense and as far as possible in the condition in which they were received, and to provide deWebshop.com as soon as possible with proof of the validity of its complaint, and, insofar as applicable, to send deWebshop.com a sample of the said consignment in accordance with Article 10.1 or 10.2 within eight (8) days of dispatch of the said letter. During a period of four (4) weeks following receipt of the complaint, deWebshop.com shall be entitled to inspect the Products at the location concerned, or to cause them to be inspected there, and/or to draw samples of them or cause samples to be drawn. The Purchaser shall grant its assistance thereto, on pain of the loss of all rights in respect of the complaint.
10.7 A complaint shall not entitle the Purchaser to refuse to pay or to suspend payment, unless explicitly agreed otherwise in writing.
10.8 If, in the event of a complaint, the Purchaser refuses to render assistance in unloading the Products and/or returns the Products, all ensuing costs, damage and interest sustained by deWebshop.com shall be at the expense of the Purchaser should the complaint prove unfounded – this being at the discretion of deWebshop.com – or if the refusal to render assistance in unloading the Products or the return of the products was not in proportion to the nature and/or extent of the alleged defects in the Products on which the complaint was based.
10.9 In the event of insignificant defects, especially those not influencing or hardly influencing the agreed or intended use of the Products, as well as minor deviations or deviations which are considered customary in the sector or are technically of minor importance, the Products will be deemed to have been accepted.
10.10 Should deWebshop.com conclude after the investigation referred to in Article 10.5 that the complaint is justified, it will remedy the shortcoming as soon as possible, or – it its own discretion – will refund or credit a proportionate part of the purchase price for that purpose.


Article 11. Retention of title, right of retention, suspension

11.1 Notwithstanding the actual delivery, the ownership of the Products shall not pass to the Purchaser until everything the Purchaser owes deWebshop.com pursuant to deliveries or services, including interest and costs with respect to any failure to fulfil its obligations, has been paid to deWebshop.com in full.
11.2 Prior to the time referred to in Article 11.1, the Purchaser shall not be entitled to sell, transfer in ownership, encumber and/or otherwise (actually) place the Products in any form or under any title whatsoever at the disposal of any third party outside the normal course of business.
11.3 Should the Purchaser fail to meet any obligation under Article 11.1, or should deWebshop.com have good grounds to fear that the Purchaser will fail to meet such obligation, deWebshop.com shall be entitled to take back the Products and the Purchaser shall be obliged to give back the Products on which the retention of title rests, without further notice of default or judicial intervention being required, and if need be to detach such Products if they have been attached to other movable and/or immovable property.
11.4 After deWebshop.com has taken back the Products in question, the Purchaser will be credited for an amount equal to the price applicable to the Purchaser on the day the Products were taken back, but no more than the amount for which the Purchaser was invoiced at the time. deWebshop.com shall be entitled to make a deduction on the amount to be credited for depreciation on account of damage, obsolescence, absence of packaging, or costs incurred.
11.5 The Purchaser shall be obliged to properly insure the Products after delivery in accordance with Article 9, in any case against the risk of theft, damage and destruction. The Purchaser shall not be at liberty to pledge to third parties any claims against its insurer pursuant to insurance as referred to in this Paragraph, or to have them serve as security (in the broadest sense of the word) for third parties. Any payments in respect of damage or loss of the Products referred to in this Article shall take the place of the relevant Products.
11.6 The Purchaser undertakes to grant full assistance in all this, as well as to return the Products to deWebshop.com on deWebshop.com’s first demand to that effect, or to grant all assistance necessary for the payments referred to in Article 11.5 to be paid to deWebshop.com or to establish security on such payment, for example in the form of a pledge whereby deWebshop.com is the beneficiary.
11.7 deWebshop.com shall be entitled to retain any of the Purchaser’s goods which are in its possession and are being processed, have already been processed or are yet to be processed until payment of all costs incurred by deWebshop.com in the execution of all of the Purchaser’s Orders, unless in deWebshop.com’s opinion the Purchaser has provided adequate security in respect of these costs. All costs attaching to deWebshop.com to exercise the right of retention, including storage costs, shall be borne by the Purchaser.


Article 13. Liability

13.1 deWebshop.com shall not be liable for any costs, damage or the like that may arise as a direct or indirect result of:
(a) force majeure, as set forth in these conditions;
(b) acts or omissions by the Purchaser, its employees, or other persons who have been put to work by the Purchaser or on its behalf;
(c) the applicability of one of the circumstances specified in Article 12.6.
13.2 deWebshop.com shall only be liable to the extent of its insurance cover for any damage (or personal damage) to Products or property belonging to the Purchaser and/or third parties if such has occurred through any intentional act or omission or gross negligence on the part of deWebshop.com or of those who have been put to work by deWebshop.com, with the amount insured by deWebshop.com being the maximum. Should it turn out, for whatever reason, that no insurance cover exists with respect to a given case, deWebshop.com’s liability shall be limited to the invoice value, exclusive of VAT.
13.3 deWebshop.com shall in no case be liable for any collateral damage suffered by the Purchaser or a third party, including consequential damage, immaterial damage, loss of profits or environmental damage.
13.4 The Purchaser indemnifies deWebshop.com against all claims by third parties in respect of deliveries of Products.


Article 14 -  Force majeure

14.1 Force majeure shall include any delay at or breach of contract by deWebshop.com’s suppliers, inability to deliver as a result of a government order or statutory provision, inability to deliver as a result of a sit-down strike, industrial action, sabotage, power failure, flooding, earthquake, war, threat of war (irrespective of whether the Netherlands is involved directly or indirectly), fire or other destruction affecting deWebshop.com’s business, full or partial strike involving the transport infrastructure, any breakdown in machinery and/or tools belonging to deWebshop.com or other breakdowns in deWebshop.com’s business or those of its suppliers.
14.2 In the event of force majeure as a result of which deWebshop.com is temporarily incapable of fulfilling the Contract – even if the circumstance constituting the force majeure was foreseen or could be foreseen at the time the Contract was concluded – deWebshop.com shall be entitled, without judicial intervention, either to suspend fulfilment of the Contract for the duration of the impediment, or to dissolve the Contract, without any period of notice having to be observed and without deWebshop.com being bound in such case to pay any compensation or penalty to the other party.
14.3 The Purchaser shall only be entitled to dissolve the Contract, doing so by means of a registered letter to that effect, if the force majeure has lasted for a period of at least six months, or if the Parties, after joint consultation, agree to the conclusion that the period of force majeure will exceed six (6) months, without any period of notice having to be observed.
14.4 If upon commencement of the force majeure deWebshop.com has already fulfilled the agreed obligations in part, it shall be entitled to invoice the activities already performed or the goods already delivered, separately and in the interim, with the Purchaser being required to pay these invoices as if a separate transaction were concerned.


Article 15 -  Dissolution

15.1 In the event of force majeure or other unforeseen circumstances hindering the fulfilment of the Contract, deWebshop.com shall be entitled to simply abandon the full or partial fulfilment of the obligations it has entered into, without being bound by any requirement to pay compensation or by any warranty.
15.2 deWebshop.com’s claim or claims on the Purchaser arising from the Contract shall be immediately and fully due and payable as a result of the mere fact of one of the instances referred to in this Article occurring, without deWebshop.com being bound by any requirement to pay compensation or by any warranty, and without any warning, notice of default or judicial intervention being required thereto, except in such case as referred to under (a) of this Article:
(a) in the event of the Purchaser not fulfilling any obligation under the Contract, or not doing so properly or on time, and still failing to do so within two (2) weeks of deWebshop.com notifying it of its being in default;
(b) in the event of the Purchaser filing a petition for bankruptcy, offering an arrangement outside bankruptcy, filing a petition for suspension of payments, of a creditor making an attachment at the Purchaser’s expense, or in the event of recourse otherwise being sought in respect of the Purchaser’s assets;
(c) in the event of loss of corporate personality, in the event of a decision to wind up or dissolve the Purchaser in whole or in part or to cease trading in whole or in part, to relocate the Purchaser’s company or operations, or if the Purchaser ceases to pursue its object under the Articles of Association or shows evidence of the intention thereto;
(d) in the event of the Purchaser being placed under guardianship or of his/her death;
(e) in the event of the majority of the shares in the Purchaser’s issued capital or the voting rights attached to those shares being transferred, or of the Purchaser’s management or business passing into the hands of third parties, or of a restricted right to the majority of the shares being created.
15.3 Should the Purchaser cancel an Order that it has given, either in whole or in part, it shall be obliged to compensate deWebshop.com for all costs reasonably incurred with a view to executing the Order, and/or, if deWebshop.com so desires, to cover the cost of the materials destined for the execution of the Order at the prices included by deWebshop.com in its calculation, all this without prejudice to deWebshop.com’s right to compensation for loss of profits and any further damage.


Article 16 -  Intellectual property rights/confidentiality

16.1 The Purchaser states that the intellectual property rights with regard to the Products are now and shall at all times be exclusively vested in deWebshop.com. Nothing in this Contract shall be construed in such a manner that the Purchaser is granted any right in respect of deWebshop.com’s intellectual property rights.
16.2 The Purchaser states that it neither holds nor will register the intellectual property rights or similar intellectual property rights anywhere in the world.
16.3 The Purchaser will follow the market critically and if it becomes aware of any infringement by a third party of deWebshop.com’s intellectual property rights, or other wrongful acts that are or may be detrimental to deWebshop.com’s interests, will inform deWebshop.com thereof forthwith.
16.4 The Parties shall leave the conduct of any proceedings resulting therefrom entirely deWebshop.comto , together with the conduct of any defence, including all negotiations in respect of a possible settlement. The above shall also apply mutatis mutandis if one of the Parties is sued by a third party on the grounds referred to in this Article.
16.5 deWebshop.com reserves all property rights (including intellectual property rights) with regard to all models, drawings, designs, photographs and/or illustrations, descriptions or manuals, etc. manufactured by deWebshop.com. Should any offers or quotations, models, drawings, designs, photographs and/or illustrations, descriptions or manuals, etc. be produced in connection with advice given by deWebshop.com, these shall at all times remain the property of deWebshop.com, regardless of whether a Contract is concluded.
16.6 The Purchaser shall not be permitted to copy or use for its own ends any models, drawings, designs, photographs and/or illustrations, descriptions or manuals etc., manufactured or provided by deWebshop.com, or to provide them to third parties for inspection or use, without the explicit prior written consent of deWebshop.com.
16.7 The Purchaser shall be obliged to return, within a term to be set by deWebshop.com and at deWebshop.com’s first written request, any models, drawings, designs, photographs and/or illustrations, descriptions, manuals etc. furnished by deWebshop.com.
16.8 The Purchaser shall observe absolute confidentiality with regard to confidential information made available by deWebshop.com.
16.9 Confidential information in this respect shall be taken to mean all information, know-how, data or experience in any form whatsoever, be it verbal, in writing, in drawings, samples or displays, in software on tapes, diskettes or otherwise, whether or not related to the above intellectual property rights and/or business data belonging to deWebshop.com.
16.10 The Purchaser shall impose a similar obligation of confidentiality, in writing, on any employees and/or third parties who/which it may make use of or call in in connection with the execution of the Contract.
16.11 The Purchaser shall owe deWebshop.com an immediately payable penalty of EUR 11,000 for each violation of the provisions of this Article, and for each day that the violation continues an immediately payable penalty of EUR 1,100 a day. All this shall be without prejudice to deWebshop.com’s right to claim compensation.


Article 17 -  Provision of information by the Purchaser

The Purchaser warrants that it has provided deWebshop.com with all essential information necessary for the fulfilment of the obligations arising from the Contract. Should it not have provided all necessary information, it shall not be entitled to invoke the warranty or liability provisions included in this Contract, insofar as deWebshop.com would not have entered into the Contract, or would not have done so under the same conditions with the Purchaser, had it been informed of the undisclosed information


Article 18 -  Other provisions

18.1 The Purchaser shall not be entitled to transfer its rights or obligations arising from a Contract to a third party without the prior written consent of deWebshop.com.
18.2 Should deWebshop.com conclude a contract with two or more natural persons and/or legal entities, each of those natural persons or legal entities shall be jointly and severally liable for the complete fulfilment of the obligations arising for them from the contract.
18.3 deWebshop.com reserves the right to change these General Terms and Conditions. Such changes shall only apply to Products ordered after the new General Terms and Conditions take effect, subject to provisions to the contrary in the contract. Should deWebshop.com and the Purchaser have concluded a continuing contract, the new General Terms and Conditions shall only apply to new contracts to be concluded, one month after they have been sent to the Purchaser.
18.4 Should one or more provisions in these Conditions prove not to be binding, the remaining provisions in these Conditions shall remain in full force between the Parties. The Parties undertake to replace the non-binding provisions by provisions that are binding and that deviate as little as possible from the non-binding provisions in the light of the purpose and purport of this Contract.
18.5 These Conditions and all Contracts shall be subject to Dutch law.