Terms and conditions

These are the terms and conditions of Jolanta Izabela Creations (Contractor).
Contractor is located at the Haarlemmerstraat 100 H, 1013EW Amsterdam, registered with the Chamber of Commerce (Kamer van Koophandel) under number: 61239089.

If you have any questions, you can contact us via jolantaizabela@gmail.com,
+31643210741, or by mail: Jolanta Izabela Creations, Haarlemmerstraat 100 H, 1013EW Amsterdam.

Contractor reserves the right to change these terms and conditions. You agree that the most recent version of these terms & conditions apply. Parties may deviate from these Terms and Conditions in writing.

Article 1 – General

These terms and conditions apply to every offer, proposal and assignment between Contractor and you (Client). On request, Contractor shall send these terms and conditions to you, free of charge. They are also available on www.jolantaizabela.com.

Article 2 – Establishment of the Assignment

The assignment shall be deemed established when Client consents with the service.

Article 3 – Proposals and Offers

1. All offers and proposals from Contractor are non-binding, unless agreed
otherwise in writing. An offer or proposal only applies to the assignment
specified therein (and not for possible future assignments).

2. If the Client provides Contractor with certain information, Contractor may
assume that the provided information is correct and will base the proposal on
that information.

Article 4 – Pricing

1. Contractor can raise the price in the interim in the case of unforeseen and cost price increasing circumstances, if these circumstances occur after the
establishment of the assignment.

2. An offered price does not include expenses for Contractor.

Article 5 – Payment and Collection Charges

1. Client must pay within 14 days after the invoice date. Contractor shall send an invoice every week.

2. If the payment by Client is due, he will automatically be in default (verzuim), without a notice of default (ingebrekestelling) being required. In case of default, Client owes Contractor the statutory commercial interest. The interest on the payable amount is calculated from the moment that the payment is due, until the moment that the payable amount has been paid by Client in full.

3. Any outstanding amounts by the Client are immediately payable in the following cases:

a. Client fails to pay within the payment term;
b. Client is bankrupt or applied for a suspension of payment or any other
insolvency procedure;
c. Client (company) is dissolved or liquidated;
d. Client (private individual) is placed under guardianship or deceased.

4. If Client does not pay on time, he shall immediately be in default. He will then be due to the Supplier all extrajudicial costs. In case of an invoice amount to € 267, these costs will be € 40. In case of a higher invoice amount, the maximum collection fees are as follows:

• 15% on the first € 2,500;
• 10% on the part that remains thereafter, up to € 5,000;
• 5% on the part that remains thereafter, up to € 10,000;
• 1% on the part that remains thereafter, to € 200,000;
• 0.5% on the remaining part.

Article 6 – Execution of the Assignment

1. Contractor shall execute the assignment at the best of its knowledge and abilities and according to the requirements of professional practice.

2. Contractor may execute the assignments in different phases and send separate
invoices on the different phases.

3. If Contractor performs the assignment in different phases, Contractor may
suspend any activities on the next phase until Client approved the execution of
the last phase in writing.

4. Client shall timely provide Contractor with all information or material, required for the execution of the assignment.

5. If Client does not provide the material or information in time, Contractor may suspend the execution of the assignment and charge the additional costs, coming from the delay. Contractor is not liable for any damages, resulting from incorrect or incomplete information, provided by Client.

Article 7 – Changes of the Assignment

1. If it proves to be necessary to change the assignment during the activities in order to guarantee a decent execution of the assignment, parties shall negotiate the required changes and agree on them in writing.

2. If parties agree on altering the assignment, Contractor may raise or lower the price. If possible, Contractor shall provide a quotation to Client in advance. The execution time may change with a change of the assignment. Client agrees on the possibility to change the assignment, the pricing and the execution time.

3. Contractor may refuse a request, made by Client, to change the assignment if
changing the assignment could affect the quality or quantity of the activities.

Article 8 – Suspension, Dissolution.

1. Contractor may temporarily suspend the execution of the activities if he cannot comply because of force majeure.

2. If the execution of the assignment is permanently impossible parties may cancel the assignment for the part that has not been fulfilled.

3. Contractor may suspend or cancel the assignment if Client fails to meet its
obligations, partially, completely or in time. In such cases, Client shall
compensate Contractor for damages.

Article 9 – Termination in the Interim

1. If Contractor cancels the assignment in the interim, Contractor shall ensure a handover of the work yet to be performed to a third party, unless the
termination is imputable to Client. If the handover of the activities leads to
additional costs for Contractor, these costs shall be borne by Client.

2. Contractor may immediately cancel the assignment (and is not liable for any
damages doing so) in one of the following events:

a. Client fails to pay within the payment term;
b. Client is declared bankrupt or applied for suspension of payments, or
applied or becomes subject to any other insolvency procedure;
c. Client (the company) is dissolved or liquidated;
d. Client (natural person) is under legal restraint or dies;
e. The occurrence of circumstances in which Client can no longer freely
dispose of his capital.

Article 10 – Force Majeure
1. Contractor is not obliged to comply in the event of force majeure.

2. Contractor may suspend the obligations, coming from the assignment, for as long as the force majeure continues. If this period continues or longer than 2 months, parties may cancel the assignment without the obligation to pay damages.

3. If Contractor complied with a part of its obligations, and that part has an
independent value, Contractor may charge that part to the Client.

Article 11 – Retention of title

1. Everything supplied by Contractor shall remain the property of Contractor until Client has fully fulfilled all its obligations.

2. Client must do everything he can reasonably do to secure the properties of
Contractor.

3. If Contractor wishes to exercise its property rights, Client gives unconditional and irrevocable consent to Contractor to enter all places where the properties are located, so that Contractor can take them back.

Article 12 – Guarantees

1. Contractor warrants that what he delivers shall comply with the usual
requirements and standards that may be stipulated in this respect at the time of delivery.

2. This does not apply if a defect occurs to the goods delivered due to incorrectness of Client.

3. This guarantee also does not apply if the defect is being caused by circumstances beyond Contractor’s control.

Article 13 – Examination

1. Client shall examine the result of the assignment when the assignment is
finished. Client shall examine if the quantity and the quality of the result is
according to the agreement.

2. Client shall notify Contractor in writing within fourteen days after completion of the assignment, of any visible defects or shortcomings.

3. Client must notify Contractor in writing of any visible defaults within fourteen days after delivery. Any defaults that are not visible must be notified in writing within thirty days calculated from the day of discovery of such a default. Client must describe the default in detail.

Article 14 – Complaints

1. Client must file a complaint in writing and within one month after the complaint has raised (or in the event of not visible defaults, one month after Client should have known about the default).

2. If Client files a complaint in time, it does not suspend the payment obligations of Client.

3. If Client does not file a complaint in time, Client will not have a right to recovery, replacement or compensation.

4. In the event of a default and a complaint is filed in time, Contractor will recover, replace or compensate the default within reasonable time after Contractor received a notice in writing.

5. If a complaint is declared unjust, the costs and expenses of Contractor (such as costs out of examination) arising directly or indirectly out of any complaint will be borne by Client.

Clause 15 – Limitation of Liability

1. Contractor is only liable for direct damages of Client arising directly and
exclusively out of any failure that is attributable to Contractor.

2. Contractor is not liable for any damages caused by any incomplete or incorrect information that Client provided to Contractor.

3. The right to compensation of the Client will in no event exceed the amount of €1,000.

4. The right to compensation of the Client is at least limited to the amount paid by an insurance company.

5. The limitations of liability are valid unless liability cannot be excluded under Dutch law.

Clause 16 – Term of Limitation

The limitation period for all claims and defenses against Contractor is one year.

Clause 17 – Indemnity

1. Client agrees to indemnify and hold Contractor harmless from any claims,
liabilities, damages, losses and expenses, as a consequence of the use of any
service and such act is not accountable to Contractor.

2. In the event of a claim of a third party, Client will assist Contractor to its best efforts in judicial and out-of-court-settlements.

3. If Client does not act upon an issue in the previous Clauses, Contractor is
permitted to act upon such issue. Client shall bear all costs or damages of
Contractor relating or arising out of such acts of Contractor.

Clause 18 – Confidentiality

1. Contractor shall keep secret and confidential any confidential information
received from a Client and shall not disclose any of this confidential information to third parties without the prior written consent of a Client, unless any legal obligation or professional duty obliges Contractor to proclaim that information.

2. Contractor shall not use any information for another purpose then Contractor
received the information for, unless Contractor is a party in a legal proceeding and the information is relevant for that procedure.

3. Client shall keep secret and confidential and shall not disclose any information relating to the content of any agreement, order, offer, report, advice or any other writing of Contractor to third parties.

Clause 19 – Invalidity

The invalidity or unenforceability of any provision of these General Terms shall not affect the validity or enforceability of any other provision of these General Terms. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable and which interpretation shall be as close as possible to the intent of the invalid provision.

Clause 20 – Inconsistencies

In case of conflict between or inconsistency of the provisions of these General Terms and the actual agreement, the provisions of the actual agreement shall prevail.

Clause 21 – Governing Law
Dutch Law.

Clause 22 – Jurisdiction
Court of Amsterdam.