The original terms and conditions are to be found at kvk.nl under company number NL33235095.
The terms and conditions have been translated with the collaboration of Google translate®.
CHEAPWEBSITES.ES, TRADE NAME OF SUN REFLEX
GENERAL SALES / LEASE CONDITIONS OF CLIENT HOLDER
Article 1 Definitions General Terms and Conditions:
Agreement: any arrangement or agreement between Cheapwebsites.es trade name of Sun Reflex (hereinafter referred to as Cheapwebsites.es) and the client regarding the delivery of goods and / or services , of which Agreement these General Terms and Conditions form an integral part;
Client : any natural or legal person who purchases goods and / or services at or via Cheapwebsites.es ;
Cheapwebsites.es: Cheapwebsites.es, located in Hollandsche Rading, postal address PO Box 125, 1230AC Loosdrecht . I ngeschreven at the Chamber of Commerce under number 33,235,095 .
Article 2 Applicability
2.1 - These general terms and conditions apply to - and form an inseparable part of - every offer, quotation and agreement relating to products and services of any kind to be delivered by Cheapwebsites.es, hereinafter referred to as “Cheapwebsites.es”. also, unless explicitly agreed otherwise in writing. These general terms and conditions prevail over and replace other general terms and conditions declared applicable.
2.2 - In the event that both the general terms and conditions and the general terms and conditions of the client apply, these general terms and conditions will prevail.
2.3 - These terms and conditions can only be deviated from if the parties have agreed explicitly and in writing.
2.4 - If and insofar as any provision of these General Terms and Conditions is declared null and void or is nullified, the other provisions of the General Terms and Conditions will remain in full force.
2.5 - Cheapwebsites.es is entitled to change these General Terms and Conditions unilaterally. With which they take effect retroactively, possibly as Cheapwebsites.es wants to the day of the first deposit of the General Terms and Conditions “July 2020” . The amended General Terms and Conditions are freely available for inspection at the Dutch Chamber of Commerce where they have been filed .
Article 3 Formation of an agreement
3.1 - Unless explicitly stated otherwise, the agreement is concluded as soon as Cheapwebsites.es has confirmed the Client 's request in writing, or from the moment that Cheapwebsites.es has started the actual implementation.
3.2 - When it is indicated in these General Terms and Conditions that an action must be made in writing, this also means by e-mail.
3.3 - Electronic communications are deemed to have been received on the day of dispatch, unless proven otherwise.
3.4 - Cheapwebsites.es reserves the right, without stating reasons, to refuse a request to provide services.
Article 4 Dissolution and termination
4.1 - The Client is deemed to be in default if it fails to fulfill any obligation under the agreement or fails to do so on time, as well as if the Client does not comply with a written reminder to still fully comply with it within a set reasonable period.
4.2 - In the event of default on the part of the Client , Cheapwebsites.es is entitled, without any obligation to pay compensation, and without prejudice to its rights, to dissolve the agreement in whole or in part by means of a written notification to the Client and / or to Cheapwebsites by the Client, if necessary. to immediately claim the amount due in full and / or to invoke the retention of title.
4.3 - Cheapwebsites.es is authorized to dissolve the agreement with immediate effect if the Client applies for suspension of payment or bankruptcy or if an attachment is imposed on all or part of its assets. All invoiced amounts and amounts yet to be invoiced will then become immediately due and payable .
Article 5 Offers and quotations
5.1 - All offers and quotations made by Cheapwebsites.es, in whatever form, are without obligation and must be regarded as an invitation to make an offer to enter into an Agreement, unless a term for acceptance is included in the offer. 5.2 - All offers and quotations lose their validity after expiry of 30 days from the date, unless stated otherwise.
5.3 - All indications in offers, quotations or agreements and the appendices thereto, such as images, drawings, sizes, weights, yields and colors, as well as the properties of any test specimens provided are indicative only. A erogations therefore are not at risk and Cheapwebsites.es.
5.4 - Apparent clerical errors or mistakes in the offers of Cheapwebsites.es release it from the obligation to fulfill and / or any obligations to pay compensation ensuing therefrom, even after the conclusion of the agreement.
Article 6 Execution of the agreement
6.1 - Cheapwebsites.es will execute the Agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. The Agreement to be concluded between Cheapwebsites.es and the Client has the character of a best efforts obligation. Cheapwebsites.es can not guarantee that its services and system and will be uninterrupted at all times.
6.2 - Cheapwebsites.es is entitled to transfer the agreement between Cheapwebsites.es and the client to a third party, whereby all agreements and payment obligations and other obligations between the Client and Cheapwebsites.es are transferred to the third party and Cheapwebsites.es is cleared v an all obligations towards the Client applicable to current and future business .
6. 3 - Goods are considered delivered when Cheapwebsites.es the goods at client has delivered or has them delivered or delivered virtually . From the moment of delivery, the delivered goods are at the risk of the Client .
6. 4 - The details of delivery terms in offers, agreements or otherwise getting to the best done by Cheapwebsites.es and these terms as possible will be respected, but they are not binding.
6. 5 - Cheapwebsites.es is not tied to a firm or non-delivery if the parties have agreed an amendment to the content or scope of the Agreement .
Article 7 Prices
7.1 - All prices are in euros and are exclusive of turnover tax (VAT) and other levies imposed by the government. Any special extra costs relating to the import and / or customs clearance of goods to be delivered by Cheapwebsites.es to the Client are not included in the price and are therefore at the expense of the Client .
7.2 - The amounts shown in the offers of Cheapwebsites.es are based on the prices, exchange rates, wages, taxes and other factors relevant to the price level existing during the offer . If, after the (order) confirmation, one or more of the aforementioned factors change, Cheapwebsites.es is entitled to adjust the agreed price accordingly. If the price index figure rises by more than 2.5%, Cheapwebsites.es is entitled to pass this on to the client in his monthly lease amount.
Article 8 Payments
8.2 - The client and the client have the option to settle orders online. This can be done by means of iDEAL , Paypal or credit card. These payments are by a third later to such party paid . Cheapwebsites.es takes no responsibility for this.
8.3 - Cheapwebsites.es is dependent on various parties when paying out the funds , such as banks, credit card companies, Payment Service Providers and the company Stripe and the like . And can therefore never be held responsible. Cheapwebsites.es makes every effort to ensure that the payments are made as quickly as possible, but cannot guarantee that the payments will be in the Client 's bank account on a specific day .
8.4 - Cheapwebsites.es ensures that the payments are transferred to a bank account number specified by the Client . The Client must check himself whether the payments have been received on the correct bank account number.
Article 9 Complaints
9 .1 - Any complaints about a product delivered by Cheapwebsites.es or a service provided by Cheapwebsites.es must be immediately communicated by the Client to Cheapwebsites.es in writing and with reasons. If 14 days have passed after delivery of the products or services, the Client can no longer justify a complaint, unless the defect would not have been detectable at the time of delivery during a careful and timely check. In that case, the Client must inform Cheapwebsites.es, within 7 days after the defect has become known or could have been known to the Client , of the defect in writing and with reasons.
9 .2 - Cheapwebsites.es is not obliged to accept return shipments from the Client without prior written consent . Under no circumstances does the receipt of return shipments imply acknowledgment by Cheapwebsites.es of the grounds for return shipment stated by the Client . The risk with regard to returned products remains with the Client until the products have been credited by Cheapwebsites.es.
9 .3 - If client invokes any agreed guarantee but that action then appears unjustified, Cheapwebsites.es has the right to the work and cost of research and reinstatement to her side that appeals have resulted in client to be charged in accordance with its usual rates.
Article 1 0 Retention of title
1 0 .1 - All products to be delivered and delivered by Cheapwebsites.es remain the property of Cheapwebsites.es under all circumstances.
1 0 .2 - The Client is obliged to keep the products delivered under retention of title with due care and as recognizable property of Cheapwebsites.es.
1 0 .3 - The Client is not authorized to pledge, otherwise encumber or transfer all or part of the products delivered subject to retention of title, as long as the ownership thereof has not been transferred to third parties, except insofar as such transfer is carried out in order to exercise the usual business activities of the client .
1 0 .4 - If the Client fails to fulfill its payment obligations towards Cheapwebsites.es or Cheapwebsites.es has good reason to fear that the Client will fail to fulfill those obligations, Cheapwebsites.es is entitled to take back the goods delivered under retention of title. . The Client will cooperate and grant Cheapwebsites.es free access at all times to its sites and / or buildings for the purpose of inspecting the goods and / or exercising the rights of Cheapwebsites.es. After repossession, the Client will be credited for the market value, which can in no case be higher than the original price that the Client agreed with Cheapwebsites.es, minus the costs arising for Cheapwebsites.es from the repossession.
Article 1 1 Maintenance
1 1 .1 - Cheapwebsites.es reserves the right to interrupt services if it deems this necessary in the context of maintenance. The Client acknowledges that the performance of maintenance can cause interruptions in the provision of the services. Cheapwebsites.es may, among other things, carry out the following actions (or have them carried out): checking files or / or data for signals of unsafe or illegal actions, computer attacks and computer viruses.
Article 1 2 Force majeure
1 2 .1 - Cheapwebsites.es is not liable if a shortcoming is the result of force majeure. During the period in which there is force majeure, the obligations of Cheapwebsites.es are suspended. If the period in which the fulfillment of the obligations by Cheapwebsites.es is not possible due to force majeure lasts longer than three months, both parties are entitled to dissolve the agreement without judicial intervention, without any obligation to pay compensation in this respect.
1 2 .2 - The term 'force majeure' as referred to in this article is in any case understood to mean unforeseen circumstances, also of an economic nature, which have arisen through no fault or action of Cheapwebsites.es, such as serious malfunction in the company. , forced reduction of production, strikes and lockouts, both at Cheapwebsites.es and at supply companies, war, hostilities, martial law, mobilization, either in the Netherlands or in any other country where any branches of Cheapwebsites.es or of supply companies are located , delays in transport or delayed or incorrect delivery of goods or materials or parts by third parties, including suppliers of Cheapwebsites.es.
1 2 .3 - If Cheapwebsites.es has already partially fulfilled its obligations on the occurrence of force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the Client is obliged to invoice this invoice. as if it were a separate agreement.
Article 1 3 Liability
1 3 .1 - Cheapwebsites.es is not liable for damage suffered by the Client , if and insofar as this damage is the direct result of conscious or unconscious recklessness on the part of managers of Cheapwebsites.es.
1 3 .2 - The total liability of Cheapwebsites.es will in all cases be limited to reimbursement of the paid lease costs of the client to Cheapwebsites.es during the period of the damage, whereby the total amount to be paid by Cheapwebsites.es to the Client on account of any cancellation obligations and compensation for damage, will never exceed the maximum amount of the price stipulated for that agreement (excluding VAT). 1 3 .3 - Cheapwebsites.es is not liable for damage .
1 3 .4 - Cheapwebsites.es is not liable for damage caused by incorrect descriptions, prices, opening hours, delivery areas, promotions, discounts, discount codes and savings cards, et cetera. Changes requested by the Client must be checked by the Client after implementation by Cheapwebsites.es .
Article 1 4 Information from third parties
1 4 .1 - If the Client wishes a connection to a third party, he bben Cheapwebsites.es and or third party, the rights for these orders on their server s store to.
1 4 .2 - If the Client enters an order manually, Cheapwebsites.es and / or a third party have the right to save this order on their server. 15.3 - Cheapwebsites.es stores the client's and Client 's data in a client and file. This client and file is used by Cheapwebsites.es for administrative and technical matters.
Article 1 5 Intellectual property
1 5 .1 - Cheapwebsites.es has the right to use the Client 's name, logo and intellectual property for the development of the website.
1 5 .2 - The Client guarantees to Cheapwebsites.es that the Client is fully entitled and authorized to use the copyright-protected work supplied by him and to have it used by Cheapwebsites.es.
1 5 .3 - Client guarantees that publication of the illustration (s) supplied by him does not infringe the copyright or any other right of a third party and, insofar as the illustrations consist of one or more portraits, that the consent of the person portrayed ( n) has been granted to the extent required by law. If the Client has not obtained the necessary permission from a third party, the Client will report this to Cheapwebsites.es in writing upon delivery and undertakes to report the facts that may be important to assess whether permission is still required.
1 5 .4 - The Client is responsible for any claim by a third party against the Client and / or Cheapwebsites.es regarding the content of the work, based on an infringement of copyright.
Article 1 6 Domain name
1 6 .1- Cheapwebsites.es chooses sure to register a domain name through Cheapwebsites.es to proceed and C heapwebsites.es always remains holder and holder of the domain name. Cheapwebsites.es manages the domain name for technical , administrative and commercial reasons.
16.2- With all website packages, a domain name is included in the price, the requested domain name must be available and also of commercial importance to Cheapwebsites.es. If a domain name falls above the price of 20 € per year, the client is responsible for paying the extra costs for the domain name.
Article 1 7 Disputes and applicable law
1 7 .1 - An agreement concluded with Cheapwebsites.es is exclusively governed by Dutch law. Foreign legislation and treaties including the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (Vienna Sales Convention) is excluded.
1 7 .2 - Any disputes relating to this agreement or arising from this agreement will in the first instance be settled exclusively by the competent court in the district in which Cheapwebsites.es is located at the time of the conclusion of this agreement.