General terms and conditions

1.1. In these general terms and conditions, the term ‘contractor’ means Compofloor BV, which enters into an agreement in the broadest sense of the word with the client.
1.2The client is understood to mean the other party who enters into an agreement with the contractor.
1.3The term "work" means: the totality of the agreed-upon activities and/or deliveries and/or provision of materials/equipment specified in the agreement. The term "product" means: the delivered item.

2.1. These general terms and conditions apply to all offers prepared by the contractor and all agreements concluded between the contractor and the client. They also apply to all obligations arising from subsequent agreements concluded between the parties.
2.2. The application of any general terms and conditions invoked by the client is expressly rejected.
2.3. By accepting the offer, the client declares that he or she agrees to these general terms and conditions.
2.4. If the client disagrees with the content or any part of the content of these general terms and conditions, they must make this known in a separate letter. Any deviations proposed by the client will only apply if the contractor expressly acknowledges them in writing.
2.5. If the client disagrees with the deviations permitted by the contractor, they must notify the contractor in a separate letter. In that case, the contractor reserves the right to withdraw the order without being held directly or indirectly liable for any reason whatsoever.
2.6. The client's acceptance and retention of a quotation or order confirmation, which refers to these terms and conditions, without comment, constitutes agreement to their application. 2.7. The possible inapplicability of (part of) a provision of these general terms and conditions does not affect the applicability of the other provisions.
2.8. Any conflicting terms with respect to a cooperation agreement signed between the parties shall reject the conflicting terms from this document.

3.1. All agreements and additions/amendments thereto shall only become binding upon written confirmation from the contractor.
3.2. All offers, quotations, price lists, delivery times, etc. from the contractor are without obligation.
3.3All quotations/offers are non-binding, unless they contain a term for acceptance. If a quotation/offer contains a non-binding offer and the client accepts it, the contractor has the right to revoke the offer within two days of receiving the acceptance.
3.4. The contractor is entitled to charge for the costs associated with the quotation, provided that he has notified the client of these costs in writing in advance.

4.1. Cost-increasing circumstances are circumstances: - which are of such a nature that, when concluding the agreement, no account needs to be taken of the chance that they would occur, - which cannot be attributed to the contractor and - which increase the costs of the work.
4.2. Cost-increasing circumstances entitle the contractor to compensation for the resulting consequences.
4.3. If the contractor believes that cost-increasing circumstances have arisen, they must notify the client as soon as possible in writing or electronically. The parties will then consult promptly to determine whether cost-increasing circumstances have arisen and, if so, to what extent the cost increase will be reasonably and fairly compensated.
4.4. The client is entitled, instead of agreeing to compensation, to limit, simplify, or terminate the work. The amount owed by the client in this case will be determined according to standards of reasonableness and fairness.

5.1. Delivery will be made carriage paid to the specified address, unless otherwise agreed. Specified delivery times and deadlines for completion of work can never be considered final deadlines, unless expressly agreed otherwise. In the event of late delivery/completion of work, the contractor must therefore be notified of default in writing.
5.2When delivering/performing work in parts, each delivery/phase is considered a separate transaction.
5.3. If it proves impossible to deliver the goods to the client, the contractor, after having given notice of default to the client and the period specified in the notice of default has expired, reserves the right to store or destroy the goods/materials purchased for the performance of the work at the client's expense and risk. The foregoing does not affect the client's obligation to pay the purchase price.
5.4. Delivery will be made once to an address specified by the client, even if the client intends to distribute the ordered items to multiple addresses. The client is responsible for ensuring the destination/unloading location is easily accessible and is responsible for unloading. Unloading is carried out at the client's expense and risk, by their personnel, with the assistance and direction of our driver. The unloading location must be accessible via a paved road and freely accessible to trucks without a revolving rear end and with a total weight (including load) of 50 tons. Additional costs incurred due to non-compliance with the provisions of this clause will be borne by the client.
5.5. The contractor is authorised to request advance payment or security from the client regarding the fulfilment of financial obligations before proceeding with delivery and/or commencing work.
5.6. If deliveries or work cannot be performed normally or without interruption due to causes beyond the contractor's control, the contractor is entitled to charge the client for any resulting additional costs. This condition also includes any deviations in dimensions from the client's specifications if these result in increased labor and/or material costs.
5.7. If, during the execution of the work accepted by the contractor, it becomes apparent that it is impossible to carry out, either due to circumstances unknown to the contractor or due to any force majeure, the contractor has the right to demand that the order given to the contractor be modified in such a way that the execution of the work becomes possible, unless this would never be possible due to the unknown circumstances or force majeure. The contractor is then entitled to full compensation for the work already performed.
5.8. All expenses incurred by the contractor at the request of the client shall be borne entirely by the latter, unless otherwise agreed in writing.
5.9. The contractor is authorised to engage third parties to implement the agreed work.

6.1. The client waives all rights to terminate the agreement pursuant to Article 6:625 et seq. of the Dutch Civil Code or other statutory provisions, unless cancellation has been agreed in accordance with the article below.
6.2. Cancellation by the client is only possible if the contractor agrees. In that case, the client is obligated to pay the contractor, in addition to reimbursement of at least one-third of the purchase price, to accept items already ordered, whether or not processed, at cost price. The client is liable to third parties for the consequences of the cancellation and indemnifies the contractor in this regard.
6.3. The provisions of this article shall not affect the right to demand performance of the agreement or compensation for attributable non-performance.
6.4. However, amounts already paid by the client will never be refunded.

7.1. The client is obligated to the contractor to enable the execution of the work within the contractor's normal working hours and under conditions that comply with statutory safety requirements and other government regulations.
7.2. The client shall ensure that the contractor has timely access to the necessary approvals (such as permits and exemptions) for the work and to the data to be provided by him for the work.
7.3. The client will provide the necessary water and electricity connections for the work and testing in a timely manner. The client will bear the costs.
7.4. The client must ensure that work (such as construction work) and/or deliveries to be carried out by third parties, which are not part of the contractor's work, are carried out in such a way and in such a timely manner that the execution of the work is not delayed. If, nevertheless, a delay as referred to in this article occurs, the client must immediately notify the contractor.
7.5. If the commencement and progress of the work is delayed by circumstances for which the client is responsible, the client must compensate the contractor for any resulting damage.
7.6. The client is responsible for the suitability of the access routes to the work site.
7.7. The client bears the risk for damage to and loss of materials, parts or tools brought to the work site, if and to the extent that he is responsible for their supervision.
7.8. The client bears the risk for damage caused by defects or unsuitability of items originating from him or prescribed by him or that must be obtained from a prescribed supplier, and for the non-delivery or late delivery of said items.
7.9. The client bears the risk for damage caused by errors or defects in the drawings, calculations, constructions, specifications and implementation instructions provided by him.
7.10. The client bears the risk for improper performance of the agreement that is attributable to the assistants prescribed by him.
7.11. The client bears the risk for damage due to unlawful acts of subcontractors and their assistants.
7.12. The client bears the risk for the design originating from the contractor, if and to the extent that it has been approved by the contractor.
7.13. The client indemnifies the contractor against all third-party claims for damages that remain the client's responsibility under these terms and conditions, including damages resulting from infringements of intellectual and industrial property rights. (CAR insurance)
7.14. Since the contractor is involved in the work as a (sub)contractor, the offer is made on the condition that he is explicitly insured under the CAR and/or installation insurance of the main contractor involved in the work, under the usual insurance conditions.
7.15. The client guarantees that the contractor is listed as insured on the aforementioned insurance policy and indemnifies the contractor against all damages resulting from this.

8.1. The agreed delivery time will be adhered to as much as possible, but will never be considered a deadline. If this delivery time is exceeded, the contractor will consult with the client.
8.2. The work shall be deemed to have been delivered: - either when the contractor has notified the client that the work is completed, tested and ready for operation and the client has approved or accepted the work; - either when a maximum of eight days have elapsed after the contractor has declared in writing to the client that the work is completed, tested and ready for operation and the client has failed to approve or accept the work within that period; - either when the client puts the work into use (early), with the understanding that by putting part of the work into use (early), that part is deemed to have been delivered.
8.3. If the client rejects the work, he must do so in writing or electronically, stating the defects that are the reason for the rejection. Minor defects that can be repaired within the warranty period and that do not affect the functioning of the work will not prevent delivery.
8.4. Delivery releases the contractor from all liability for defects that the client should reasonably have discovered at that time.
8.5.  As a result of delivery, the risk for the work passes from the contractor to the client.

9.1. If the work or part thereof consists of making material available, the following provisions also apply:
9.2. The material made available may only be used at the designated location for the purpose stated in the cooperation agreement.
9.3. The client is not permitted to lend, rent, pledge or otherwise use the material made available as security.
9.4. The client must handle the provided materials correctly and with the utmost care. The client is liable for any damage to the materials during the term of the contract.
9.5. If necessary, the contractor will maintain and/or repair the equipment. The client is not permitted to have the equipment maintained and/or repaired by third parties or to carry out repairs themselves.
9.6. After the agreement ends, the client must return the materials to the contractor in the same condition as when they were provided. The agreement will specify where the transfer will take place.
9.7. If the client does not comply with the above provisions and the contractor suffers damage as a result, the client is obliged to fully compensate the contractor for the damage suffered and to be suffered as a result.

10.1. Payment by the client is made in installments in proportion to the progress of the work, without the right to discount or settlement.
10.2. Unless otherwise agreed, payment must be made within 30 days of the invoice date.
10.3. If no installment payment has been agreed, payment must be made within 30 days after the invoice date.
10.4. If an invoice remains unpaid in full after the expiry of the aforementioned term: a) from that point in time the client will be charged a credit restriction surcharge of 2%, without any further notice of default being required; b) the client will owe the contractor interest equal to the statutory interest in accordance with Article 6:119/120 of the Dutch Civil Code increased by 2%, without any notice of default being required. Parts of a month are considered full months for this purpose.
10.5. The contractor is also entitled to claim, in addition to the principal claim and interest, all extrajudicial costs incurred as a result of the non-payment (or late payment). Extrajudicial costs are payable by the client in any case when the contractor has engaged the assistance of a third party for the collection. These costs will be calculated in accordance with the collection rate recommended by the Dutch Bar Association for collection costs. If the contractor files for bankruptcy, the client is liable for the costs of the bankruptcy application in addition to the principal amount, interest and extrajudicial costs.
10.6. At the Contractor's discretion, in the aforementioned or similar circumstances, the agreement may be terminated in whole or in part without further notice of default or judicial intervention, with or without a claim for damages.
10.7If the client fails to meet their payment obligations in a timely manner, the contractor is authorized to suspend the fulfillment of its obligations to the client for delivery/performance of work until payment has been made or adequate security has been provided. The same applies even before the client is in default/fault, if the contractor has reasonable grounds to doubt the client's creditworthiness.
10.8. Payments made by the client always serve to settle all interest and costs owed and subsequently the oldest outstanding invoices, even if the client states that the payment relates to a later invoice.

11.1. The contractor is the holder of industrial and intellectual property rights relating to the content and form of reports, drawings, designs, software models and the like.
11.2. Only after payment of the amount owed to the contractor as a result of a concluded agreement, the client is entitled to a right of use in respect of the foregoing.

12.1. The goods delivered by the Contractor shall remain the property of the Contractor until the Client has fulfilled all subsequent obligations arising from all purchase agreements concluded with the Contractor: the consideration(s) relating to the goods delivered or to be delivered themselves, the consideration(s) relating to services performed or to be performed by the Contractor under the purchase agreement(s), any claims due to non-compliance by the Client with (a) purchase agreement(s).
12.2. Items delivered by the contractor, which are subject to the retention of title pursuant to paragraph 1, may only be resold in the normal course of business. Furthermore, the client is not authorized to pledge the items or establish any other right to them.
12.3. The contractor hereby reserves the right of lien as referred to in Article 3:237 of the Dutch Civil Code on delivered goods that have become the property of the client through payment and that are still in the client's possession; as additional security for claims, other than those referred to in paragraph 1 of this article, that the contractor may have against the client for any reason whatsoever. The authority included in this paragraph also applies to goods delivered by the contractor that have been processed or worked by the client, as a result of which the contractor has lost its retention of title.
12.4. If the client fails to fulfill their obligations or there is reasonable fear that they will not do so, the contractor is entitled to remove, or have removed, the delivered goods subject to the retention of title referred to in paragraph 1 from the client or third parties holding the goods for the client. The client is obligated to provide full cooperation in this regard, under penalty of a fine of €1,000 per day.
12.5. If third parties wish to establish or assert any right to the goods delivered under retention of title, the client is obliged to inform the contractor as soon as can reasonably be expected.
12.6. The client undertakes, at the first request of the contractor:

13.1. If performance of the Contractor's obligations under the agreement concluded with the Client is not possible and this is attributable to non-attributable non-performance on the part of the latter and/or on the part of third parties/suppliers engaged for the performance of the agreement, the Contractor shall be entitled to terminate the agreement concluded between the parties, or to suspend the performance of its obligations towards the Client for a reasonable period to be determined by the Contractor, without being liable for any damages. If the aforementioned situation occurs after the agreement has been partially performed, the Client shall be obliged to fulfil its obligations towards the Contractor up to that point.
13.2. Circumstances that shall constitute non-attributable non-performance shall include, but not be limited to: war, riot, mobilization, domestic and foreign unrest, government measures, strikes and lockouts by workers or the threat of these and similar circumstances; disruption of exchange rates existing at the time the agreement is concluded; business disruptions due to fire, accident or other incidents; natural phenomena, regardless of whether the non-performance or untimely performance occurs at the contractor, its suppliers or third parties engaged by the contractor for the performance of the obligation.
13.3. In the event that the client in any way fails to promptly fulfil its obligations to the contractor, in the event of suspension of payments, application for suspension of payments, bankruptcy, seizure, assignment of estate or liquidation of the client's affairs, all that the client owes to the contractor by virtue of any contact shall become immediately due and payable in full.
13.4. Without prejudice to the provisions of the other articles of these terms and conditions, the agreement concluded between the client and the contractor shall be dissolved without judicial intervention and without any notice of default being required at the time at which the client is declared bankrupt, applies for provisional suspension of payments, or loses the power of disposition and/or legal capacity with respect to his assets or parts thereof through seizure, placement under guardianship or otherwise, unless the trustee or administrator recognizes the obligations arising from the agreement as an estate debt.
13.5. The client is not authorized to pledge delivered goods to third parties and/or establish a non-possessory pledge on them, and/or to place the goods under the actual control of one or more financiers for storage (warranty), as this will be considered attributable non-performance on the client's part. In such cases, the contractor may immediately, without being required to issue any notice of default, suspend its obligations under the agreement or terminate the agreement, without prejudice to the contractor's right to compensation for damages, lost profits, and interest.

14.1. Within the limits of the following provisions, the contractor agrees to repair and/or replace, free of charge, any defects that were already present at the time of delivery and/or completion but only become apparent within a maximum period of six months after delivery and/or completion. If and insofar as goods are supplied with a manufacturer's warranty, the manufacturer is solely obligated to repair or replace the goods, in which case the contractor will send the goods to the importer or manufacturer. The contractor will act in the client's best interests but is not responsible for the timeframe within which the importer or manufacturer will ensure repair or replacement.
14.2. This obligation extends only to defects that were not reasonably detectable at the time of delivery or completion and that manifest themselves under normal operating conditions and proper use of the work. It does not extend to defects resulting from inadequate maintenance by the client, changes made without the written permission of the contractor, repairs carried out by the client, or normal wear and tear or defects for which the client is liable.
14.3. After delivery of the goods, the contractor is no longer liable for damage caused by the delivered goods. In the event of contamination damage, the contractor is only liable if gross negligence or intent can be attributed to them. Liability is then limited to direct damage only.
14.4. The contractor will make every effort to perform the work properly and professionally. If damage occurs as a result of performing this work, the contractor is only liable for direct damage.
14.5. In all cases, the contractor's liability towards the client is limited to remedying the defects found or to properly delivering or performing the agreed work, up to a maximum value of the invoice amount charged to the client in this regard.
14.6. The contractor is not liable for any consequential damage that the client or a third party may suffer in connection with the delivery and/or service, including business damage, immaterial damage and loss of profits.
14.7. The client must notify the contractor in writing of the damage as soon as possible, but no later than four weeks after the damage occurred. Damage not notified to the contractor within the aforementioned period will not be compensated, unless the client can demonstrate that they could not reasonably have notified the contractor of the damage earlier.
14.8. In the event of external imperfections resulting from the nature and properties of the materials used (for example, shrinkage cracks), the client shall have no grounds for recourse against this, unless such imperfections are the result of the use of materials of inferior quality or of unskilled use or application of materials by the contractor.
14.9. Damage resulting from climatic conditions is not the contractor's responsibility or risk. Defects that occur later and are the result of climatic conditions before, during, or after the work is performed are not the contractor's liability.
14.10. Standard specifications are only binding on the contractor if this has been expressly stated in writing, whereby a tolerance that is considered reasonable according to common opinion applies, which will not exceed approximately 10%.
14.11. Minor deviations in size, colour, surface, structure and other minor defects do not constitute grounds for liability and/or rejection.
14.12. The Client's right of action for damages or for reparation against the Contractor under these terms and conditions shall lapse one year after the Client has protested in this regard.
14.13. The extent of the liability arising from this article is in any case limited to a maximum of the insured amount of the liability insurance taken out by the contractor.

15.1. Dutch law applies to every agreement between the contractor and the client.
15.2. If the client, for whatever reason, has or will acquire one or more counterclaims against the contractor, the client waives the right to offset these claim(s). This waiver of the right to offset also applies if the client files for a suspension of payments or is declared bankrupt.

16.1. All disputes will be submitted to the court in Compofloor BV's place of business, unless the client is a consumer or small business owner. In that case, the statutory regulations apply.
16.2. In the case of construction contracts, it is possible to submit the dispute to the Arbitration Council for Construction Companies in the Netherlands.

17.1. The contractor is authorized to amend these terms and conditions. These amendments will take effect on the announced effective date. The contractor will send the amended terms and conditions to the client in a timely manner. If no effective date has been communicated, the amendments will take effect for the client as soon as the client is notified of the amendment.

Below you will find an overview of the personal data that we process: • First and last name
• Address data
• Phone number
• E-mail address
• IP address of a website visitor

By agreeing to this privacy statement you give explicit permission within the meaning of article 6 paragraph 1 sub a of the AVG for the processing of your personal data for the purposes stated below. You can revoke this permission at any time. However, if you do not provide certain data to us or do not let us process it, we may not be able to serve you well.

If you have not given us explicit permission for the processing of your personal data or if you have withdrawn this permission, the processing of your personal data may be subject to the provisions of articles 6 paragraph 1 sub b, sub c and / or sub f of the GMS . Processing of your personal data can in that case take place without your permission, provided that this is necessary for the implementation of an agreement to which you are party, or is necessary for the protection of the legitimate interests of Compofloor BV. In addition, we may have a legal obligation to process your personal data.

We process your personal data for the following purposes: • Sending our newsletter and / or advertising brochure
• Being able to call or e-mail you if this is necessary to perform our services
• Inform you about changes to our services and products
• To deliver goods and services to you

We do not store your personal data for longer than is strictly necessary to achieve the purposes for which your data are collected.

We may share your personal data with third parties if this is compatible with the aforementioned goals. Provision to third parties may be necessary for the performance of the agreement that we conclude with you, may be necessary for the protection of a legitimate interest of ours, or may be necessary to meet any legal obligation that may be imposed on us. We conclude a processing agreement with companies that process your data on our behalf to ensure the same level of security and confidentiality of your data. We remain responsible for these processes. Outside of the foregoing situations, we only provide your personal data to other third parties with your explicit permission.

We may use your personal data for commercial purposes, for example to further inform you about our services or relevant products or services from carefully selected organizations. In that case you will only be informed at the registered e-mail address. If you do not wish to receive information about relevant products or services, you can easily indicate this by clicking on “unsubscribe” in the email received.

Your personal data is also used by us for market research and the optimization of our services. Your personal data is anonymized in that context and can no longer be traced back to you.

Your data will not be sold or shared with third parties for commercial purposes, unless you give your explicit permission.

A cookie is a small text file that is stored on your computer, tablet or smartphone when you first visit this website. You can opt out of these cookies by setting your internet browser so that it no longer stores cookies. In addition, you can also delete all information that was previously saved via the settings of your browser.

We use the following cookies:

• Functional cookies: these are cookies that are necessary for the technical operation of the website and your ease of use. They ensure that the website works properly and, for example, remember your preferences. We can also use this to optimize our website. These are analytical cookies that do not infringe on your privacy for which we do not require your prior consent.

• Tracking cookies: we place cookies that track your surfing behavior so that we can offer customized content and advertisements. On your first visit to our website, we have already informed you about these cookies and have asked permission to place them. You can opt out of cookies by setting your internet browser so that it no longer stores cookies. In addition, you can also delete all information that was previously saved via the settings of your browser.

• Google Analytics: cookies are placed on this website from the American company Google, as part of the “Analytics” service. Compofloor BV uses this service to obtain reports on how the website is used and to measure its quality and effectiveness. We use Google Analytics in the manner prescribed by the Dutch Data Protection Authority to be able to fall under the exception in the cookie law, which means that we do not need your prior consent for the use of Google Analytics.

You have the right to view, correct or delete your personal data. You also have the right to withdraw your consent for data processing or to object to the processing of your personal data. You have the right to data transferability ('data portability') if we have digital personal data that we either process with your permission or process to execute an agreement that we have concluded with you.
This means that you can submit a request to us to send the digital personal data that we hold about you in a readable computer file to you or another organization mentioned by you.

You can send a request for access, correction, deletion, data transfer of your personal data or request for withdrawal of your consent or objection to the processing of your personal data to info@compofloor.nl

To ensure that the request for inspection has been made by you, we request that you send a copy of your proof of identity with the request. Make in this copy your passport photo, MRZ (machine readable zone, the strip with numbers at the bottom of the passport), passport number and Citizen service number (BSN) black. This is to protect your privacy. We will respond to your request as quickly as possible, but within four weeks.

We would also like to point out that you have the option to file a complaint with the National Data Protection Authority.

We take the protection of your data seriously and take appropriate measures to prevent abuse, loss, unauthorized access, unwanted disclosure and unauthorized changes. If you have the impression that your data is not properly protected or there are indications of abuse, please contact our customer service or via info@compofloor.nl