General Conditions
24High
24High is registered at the Chamber
of Commerce under number 73165190 and is established on Rijn 12, (2491
BG) in The Hague.
Article 1
Definitions
1. In these general conditions, the terms
below are use in the following meaning, unless it is emphatically
indicated otherwise:
2. 24High is a trade name of Hoekpolder
B.V.
3. Buyer: The natural person of 18 years or older who does
not act from the exercise of a profession or business entering into a
(distance) agreement with Seller.
4. Seller: the provider of
Smart- & Headshop products and of matters such as cannabis and
psycho-active seeds, grow-kits, mushrooms (“magic mushrooms”), truffles,
cactuses, herbs, other mind-altering substances, and various associated
accessories to Buyer, in the following: 24High.
5. Offer: Any
written proposal to Buyer for the supply of Products by Seller.
6. Agreement: the (purchase) agreement which provides for the
sale and delivery of products which have been purchased by Buyer from
24High.
7. Website: the website used by 24High is
www.24high.nl/.
Article 2
Applicability
1. These general conditions are
applicable to each Offer and price quotations of 24High and every
agreement between 24High and Buyer and to any product offered by 24High.
2. Before a (distance) agreement is concluded, Buyer is
provided with these general conditions. If such is reasonably not
possible, then 24High will indicate to Buyer in what manner Buyer can
peruse the general conditions, which are published in any case on the
website of 24High, so that Buyer can easily store these general
conditions on a durable information carrier.
3. If besides
these general conditions also specific product or service conditions are
applicable, Buyer can, in case of contradictory conditions, always
appeal to the applicable provisions which is most advantageous to
him.
4. These general conditions are also applicable to
additional, modified, and follow-up agreements with Buyer.
5.
If one or several provisions of these general conditions are partially
or entirely void or are annulled, the other provisions of these general
conditions remain effective, and the void/annulled provision(s) will be
replaced by a provision with the same tenor as the original
provision.
6. Ambiguities regarding the substance or
interpretation of, or situations which have not been provided for in
these general conditions, must be evaluated and interpreted in the
spirit of these general conditions.
Article 3
The Offer
1. All offers made by 24High are
non-committal, unless emphatically indicated otherwise in writing. If
the offer is limited or is valid under specific conditions, this is
emphatically stated in the offer. A quotation only applies if it has
been recorded in writing.
2. 24High is only bound by an offer
if the acceptance thereof is confirmed by Buyer in writing. 24High
nevertheless has the right to reject an agreement with a potential Buyer
on grounds which are legitimate for 24High.
3. The offers
contains a complete and precise description of the offered product and
the associated prices. The description has such a level of detail, that
Buyer is able to properly assess the offer. Apparent mistakes or errors
in the offer cannot bind 24High. Any possible pictures, descriptions,
and specific data in the offer are merely indicative and cannot
constitute grounds for any compensation or the rescission of the
(distance) agreement. 24High cannot guarantee that the shown picture,
colours and/or packaging exactly correspond with the effectively
delivered product.
4. Delivery times in the offer of 24High are
indicative and do not grant Buyer, in case of their overrunning, the
right to rescission or compensation, unless emphatically established
otherwise.
5. A compound price quotation does not oblige
24High to supply a part of the matters included in the offer against a
corresponding part of the quoted price.
6. Offers do not
automatically apply to back orders. Offers are only valid for as long as
there is stock available, and on first-come-first-served
basis.
7. 24High has the right to refuse and/or cancel
submitted orders or placed orders. Such refusal does not confer the
right to Buyer to be compensated for damages or to be compensated in any
other way for the refusal of the
order.
Article 4 Adoption of the
agreement
1. The agreement is adopted at the moment
when Buyer has accepted an Offer from Seller.
2. An Offer can
be made by Seller through the web shop and/or by e-mail.
3. If
Buyer has accepted the Offer by concluding an agreement with 24High or
by directly paying the ordered products (on-line), 24High will confirm
the agreement with Buyer in writing by e-mail.
4. If the
acceptance deviates (on minor points) from the offer included in the
quotation and/or invoice, 24High is not bound by such. Buyer must settle
the entire quotation and/or invoice, unless Buyer can demonstrate in
writing that it was agreed otherwise.
5. 24High is not bound by
an Offer if Buyer could reasonably have expected or has had to
understand or should have understood that the Offer contains an apparent
mistake or typing error. From such mistake or typing error, Buyer
cannot derive any rights.
6. 24High can inform itself – within
the legal framework – whether Buyer is able to comply with his payment
obligations and it can responsibly enter into the (distance) agreement.
If on such basis legitimate grounds pertain not to enter into the
agreement, 24High has the right to refuse an order in a substantiated
manner or to subject the implementation to special
conditions.
7. Buyer can rescind the agreement within 14 days
free of charges. This term enters into effect on the day after receipt
of the product by Buyer. If 24High has incurred costs for the
implementation of the agreement, Buyer is bound to settle these costs,
whereby are included the applicable shipping costs.
8. In case
Buyer wishes to make use of his revocation right, he is obliged to
communicate the revocation within 14 days after receipt of the product
to 24High.
9. Products with a limited shelf life are excluded
from the revocation right.
Article 5
Implementation of the agreement
1. 24High will
implement the agreement to the best of its insights and abilities and in
accordance with the requirements of good workmanship.
2. If
and to the extent the proper implementation of the agreement requires
such, 24high has the right to have certain activities carried out by
third parties at own discretion.
3. The Buyer makes sure that
all information for which 24High indicates that it is necessary or of
which the Buyer should reasonably understand that it is necessary for
the proper implementation of the agreement, is timely supplied to
24High. If the information which is required for the implementation of
the agreement is not timely provided to 24High, 24High has the right to
suspend the implementation of the agreement and/or to bill the
additional costs resulting from the delay, in accordance with the
customary rates, to the Buyer.
4. 24High is not liable for
damage, of whatever nature, which has occurred because 24High based
itself on incorrect and/or incomplete information provided by the Buyer,
unless 24High was aware of this incorrectness or
incompleteness.
5. Buyer safeguards 24High against any possible
claims by third parties which incur damage in connection with the
implementation of the agreement and which damage is attributable to
Buyer.
Article 6 Delivery
1. Delivery in principle takes place from the
warehouse of 24High where the ordered matters are stored. When
indicating delivery terms, 24High assumes no facts and circumstances
occur which prevent timely delivery. Overrunning of the indicated
delivery terms (as can be expected) are reported as soon as possible to
Buyer. All indicated delivery terms are indicative and never are fatal
time limits.
2. If the start, progress, or delivery of the
products is delayed because, for instance, Buyer has not or not timely
supplied all requested information, or provides insufficient
collaboration, if the (down) payment is not timely received by 24High,
or due to other circumstances which are at the expense and risk of
Buyer, 24High is entitled to a reasonable extension of the (delivery)
term. All established delivery terms are never fatal time limits and
their overrunning do not confer any right to compensation to Buyer.
Buyer must declare the default of 24High in writing and grant 24High a
reasonable term to still enable it to deliver.
3. Buyer is
obligated to accept the matters at the moment when they are made
available to him in accordance with the agreement.
4. If the
Buyer refuses to take them, or for whatever reason does not take them or
is negligent with providing information or instructions which are
necessary for delivery, then 24high is authorised to store the matters
for a maximum of one month at the expense and risk of Buyer. For this,
administration costs may also be charged. Buyer is obliged in such case
to insure and keep insured the shipment until shipping or delivery can
still take place. In the event of the situation mentioned above,
delivery will take place again after one month has elapsed, whether or
not through consultation of Buyer.
5. If the matters are
delivered by 24High or an external forwarder, 24High will, unless
established otherwise in writing, bill any possible delivery costs.
These will in such case be invoiced separately. The delivery costs are
borne by Buyer.
6. Delivery takes place until the front door of
Buyer, unless emphatically established otherwise. To the extent it is
agreed that delivery and placement in the building of the Buyer must
take place, then such occurs entirely at the risk of the Buyer,
regardless of what was established for the calculation of the delivery
costs.
7. If 24High requires information from the Buyer in the
context of the implementation of the agreement, the delivery time
commences after Buyer has made this information available to 24High.
8. 24High has the right to deliver ordered matters against
cash on delivery. The costs are at the expense and risk of
Buyer
9. 24High has the right to deliver the matters in
batches, unless this has been deviated from by agreement or in the event
no independent value is represented by the partial delivery. 24High is
authorised to separately invoice the part thus delivered.
10.
If delivery of a product proves to be impossible, 24High will exert
itself to make available a substitute product. Before delivery, Buyer
will be informed in a clear and understandable manner that a substitute
product will be supplied. Any possible return costs for substitute
Products are borne by Buyer.
11. 24High reserves itself the
right to refuse delivery if there are legitimate fears and/or grounds
for non-payment.
Article 6A Packaging and
transport
1. 24High commits itself towards the Buyer
to properly package the deliverable goods and to secure and/or seal them
in such a manner that in case of regular use and transport they reach
their destination in good condition.
2. Unless established
otherwise in writing, all deliveries take place inclusive of sales tax
(VAT), inclusive of packaging and packing material and ex
warehouse.
3. Accepting matters without comments or queries on
the receipt count as proof that the packaging was in good condition at
the time of the delivery.
4. Each Buyer is considered to be in
possession of such import and/or payment permits as may be required. The
lack or withdrawal of these permits does not relieve Buyer of the
obligation to accept the matters in the established manner. If the
matters are sold by 24High in non-cleared state, then a Buyer cannot
derive therefrom the right to cancel the order. Nor can the right of
cancellation of the order be derived from any possible quality
requirements and/or objections made by third parties against the matters
on grounds of patents, brands, and other
titles.
Article 7 Investigation, complaints
1. Buyer is bound to (let) investigate the delivered
matters at the moment of delivery, though in any case within 14 days
after receipt of the delivered matters, but only to unwrap or use them
to the extent necessary to evaluate whether he will retain the product.
Thereby, Buyer must investigate whether the quality and quantity of the
delivered matters corresponds with the agreement and whether the
products meet the requirements which apply in regular (commercial)
exchanges.
2. Buyer is obligated to investigate in what way
the product must be used and to test and apply the personal use and the
medical risks of a product in conformity with the directions for use.
24High does not recognise any liability which has arisen due to the
wrong use of the product by Buyer.
3. Buyer must investigate
himself whether the shipping of the product is compliant with all
legislation and regulations of the relevant country of receipt. Buyer
bears responsibility himself for compliance with local legislation and
regulations and customs rules and for the associated costs.
4.
Any possible visible defects or deficiencies must be reported within 14
business days after delivery in writing to 24High at info@24high.nl. If
such a defect is not reported within this term to 24High, the right of
complaint lapses with regard to visible defects. In case of damaging of
the product due to careless handling by Buyer himself, Buyer himself is
liable for any possible reduction of value of the product.
5.
Invisible defects, defects which Buyer has not discovered upon thorough
inspection of the received matters and he could not reasonably have
discovered, must be reported to 24High forthwith upon discovery of that
defect in writing at info@24high.nl. If a complaint is not filed
immediately with regard to discovered invisible defects, the right of
complaint of Buyer with regard to those defects lapses.
6. If
Buyer makes use of his right of complaint, he will return the product
and all accessories, to the extent reasonably possible, in the original
state and packaging to 24High, in a substantiated manner and including
relevant exhibits, with the purpose of enabling the relevant
representative of 24High immediately to control the submitted
complaints.
7. Buyer cannot file complaint with regard to
delivered matters which he has at such time (re-)sold already.
8. Buyer cannot file complaint with regard to products which
for reasons of hygiene are excluded from revocation, unless these
products are in their sealed and original packaging and they have not
been used.
9. Buyer does not have the right of complaint in the
event of minor deviations which are considered permissible in
commerce.
10. Claims or complaints with regard to a part of the
delivered matters can never be grounds for the rejection of the entire
delivery.
11. Buyer may, barring on grounds of complaints
acknowledged by 24High and the prior consent granted for this in writing
by 24High, not send back delivered matters. Return shipments can be
sent to the official place of establishment. The shipping costs of
returning are borne by Buyer.
12. (In case of) restitution of
the purchase amount by 24High is carried out as soon as possible, the
payment will take place within 30 days after receipt of the return
shipment. Restitution takes place to the bank account number submitted
before.
Article 8 Prices
1. During the term of validity of the offer, the
prices of the proposed products are not increased, barring in the event
of changes to VAT-rates.
2. The prices indicated in the offer
are inclusive of VAT and other government-imposed levies, as well as
packaging costs and administration costs. The shipping and any possible
transport and clearing costs are not included, unless emphatically
indicated otherwise.
3. If after adoption of the agreement but
prior to the established date of availability or delivery the prices of
auxiliary materials, raw material, components, the wages or other
price-determining factors have undergone changes, 24High has the right
to adjust the purchase price correspondingly, though not before expiry
of three months since conclusion of the agreement. What is stipulated in
the preceding full sentence leaves unaffected the authority of 24High
to pass on price increases pursuant to legislation and regulations at
all times and to increase the offering price
correspondingly.
4. Price increases which are the result of
additions and/or modifications to the agreement are borne by
Buyer.
5. 24High provides Buyer with an itemised bill regarding
the agreement in connection with the placed order or the submitted
purchase.
6. All prices indicated by 24High are subject to
printing and typing errors. Buyer cannot derive any rights or
expectations from the possible consequences of these errors. 24High is
not obligated to deliver in accordance with the erroneous
price.
Article 9 Payment and collection
policy
1. Payment must take place in advance, unless
payment upon delivery has been established, in a manner as is to be
indicated by 24High and in the currency in which the invoice is drawn
up. Objections against the amount of the invoices do not suspend the
payment obligation.
2. Buyer cannot derive any rights or
expectations from a budget submitted beforehand, unless parties have
emphatically established otherwise.
3. Buyer must settle these
costs at once to the account number specified to him by 24High. Barring
special circumstances, Buyer can only after the explicit and written
consent of 24High establish a further term within which the owed amount
must be settled, or Buyer can establish payment in cash. Using the
option of (cash) payment through shipping is at the expense and risk of
the Buyer. 24High does not guarantee the non-secure receipt of the full
amount.
4. In case of liquidation, bankruptcy, or suspension of
payments of Buyer, the claims of 24High on the Buyer are immediately
exigible.
5. 24High has the right to let serve the payments
executed by the Buyer in the first place to be deducted from the costs,
subsequently from the matured interest, and finally to be deducted from
the principal and the current interest. 24High can, without thereby
falling into default, refuse a proposal for payment, if the Buyer
indicates another order for the allocation. 24High can refuse full
settlement of the principal if thereby the matured and the current
interest as well as the costs are not settled as well.
6. In
case Buyer is not compliant with his payment obligation and has not
fulfilled his obligation within the payment term of 14 days set for
this, Buyer (if Buyer has made the order from the exercise of a
profession or business without any further default notice) is in
default.
7. From the date that Buyer is in default, 24High
will be entitled, without any further default notice, to the statutory
(commercial) interest from the first day of default until full
settlement and compensation of the extrajudicial costs in conformity
with article 6:96 BW (Netherlands Civil Code), to be calculated
according to the table in the decree on extrajudicial collection costs
‘besluit vergoeding voor buitengerechtelijke incassokosten’ of 1 July
2012.
8. If 24High has incurred more or higher costs which are
reasonably necessary for compliance with the Agreement, such costs are
eligible for compensation by Buyer. Also incurred judicial and
enforcement costs are borne by
Buyer.
Article 10 Retention of property
1. All matters delivered by 24High remain the
property of 24High until Buyer has fulfilled all obligations flowing
from all agreements concluded with 24High.
2. Buyer is not
authorised to pawn the matters subject to the retention of property, nor
to encumber them in any other manner.
3. If third parties
place an attachment on the matters subject to the retention of property
or they wish to establish or exercise rights thereon, Buyer is obligated
to accordingly inform 24High as soon as may reasonably be
expected.
4. The Buyer commits himself to insure and keep
insured the matters delivered under retention of property against fire,
explosion and water damage, as well as against theft, and to present the
policy of this insurance upon first request for perusal.
5.
The matters delivered by 24High which, pursuant to the first section of
this clause, fall under the retention of property, may only be resold in
the context of regular business operations and never be used as means
of payment.
6. In the event that 24High wishes to exercise its
property rights as indicated in this article, the Buyer already
presently grants its unconditional and irrevocable permission to 24High
or to such third parties as the latter may designate, to enter all such
areas where the property of 24High is located and to take back those
matters forthwith without any authorisation or consent of Buyer or of
any judicial authority.
7. 24High has the right to keep the
product(s) purchased by Buyer under its control if Buyer has not yet
(fully) complied with its payment obligations, despite an obligation of
transfer or release of 24High. This also applies for the event that
Buyer is in a state of bankruptcy. After Buyer has fulfilled his
obligations after all, 24High will deliver the purchased products as
soon as possible still, though no later than within 20 business days, to
Buyer.
8. Costs and other (consequential) damage as a result
of the keeping under his control of the purchased products are at the
expense and risk of Buyer and will be refunded upon first request to
24High by Buyer.
Article 11
Warranty
1. 24High only sells products which are not
on List I & II of ‘Opiumwet’ (Netherlands drugs legislation).
24High furthermore imposes restrictions on sales: a Buyer can purchase
no more than a maximum of 5 (hemp) seeds per day.
2. 24High
takes all such measures as can reasonably be expected of it to assure
the quality and soundness of its products but does not guarantee the
absence of any possible defects of what it delivers
3. If and
to the extent any guarantee has been given, such guarantee regards the
guarantee provided by the producer and/or manufacturer.
4.
Information which 24High provides through its website or by way of
collaborators on the phone, by e-mail, or through other means of
communication, if for purposes of information and cannot be considered
medical advice.
5. 24High is never responsible for the
suitability of the products for each individual application by the Buyer
and for (advice on) the use or the application of the products by the
Buyer.
6. If the matters to be delivered are not compliant with
these guarantees, then 24High will replace or restore the matter within
a reasonable term after receipt thereof or otherwise, if returning is
not reasonably possible, after written notice in the matter of the
defect by Buyer. After it is evinced by 24High that Buyer legitimately
appeals to the warranty, 24High will replace the product in case or take
care of restoral. In case of replacement, Buyer will return the matter
to be replaced to 24High (at the expense of Buyer) and grant its
property to 24High.
7. Any possible defects or delivery of the
wrong products must be reported within 4 weeks after delivery to 24High
in writing. Return shipping is only possible with regard to products
which are in as-new-condition and are in the original packaging or the
expiry date of which has not yet elapsed.
8. The warranty
hereby specified does not apply in case the defect has arisen as a
result of inexpert or inappropriate use or if, without the written
consent of 24High, Buyer or third parties have applied modifications, or
have tried to do so, to the matter or they have used it for purposes
which the matter is not intended for, or have exposed it to abnormal
conditions or have handled them in violation of the instructions of
24High.
Article 12 Suspension and rescission
1. 24High is authorised to suspend fulfilment of
the obligations or to rescind the agreement, if Buyer does not or does
not fully comply with the (payment) obligations from the
agreement.
2. 24High is furthermore authorised to rescind the
agreement(s) existing between it and Buyer, to the extent it/they
has/have not yet been implemented, without any judicial arrangement, if
Buyer does not timely or does not properly fulfil the obligations
flowing for him from any agreement concluded with 24High, as well as in
case of the bankruptcy of Buyer.
3. 24High is furthermore
authorised to (let) rescind the agreement without any prior default
notice if circumstances occur which are of such a nature that compliance
with the agreement cannot possibly or cannot by standards of reason and
fairness any longer be demanded, or if circumstances occur otherwise
which are of such a nature that the unaltered maintaining of the
agreement cannot reasonably be expected.
4. Upon a suspicion
that a delivery is being made to a natural person younger than 18 or a
person acting from the exercise of a profession or business or a person
who uses products for other purposes than personal use, 24High has the
right at all times to rescind the agreement with immediate effect. If
rescission takes place pursuant to the aforementioned suspicion, Buyer
is entitled to the refunding of money already paid.
5. If the
agreement is rescinded, the claims of 24High on the Buyer are
immediately exigible. In case 24High suspends fulfilment of the
obligations, 24High retains its entitlements pursuant to the law and the
agreement.
6. 24High always retains the right to claim
compensation of damages.
Article 13
Limitation liability
1. If the implementation of the
agreement by 24High leads to liability of 24High towards Buyer or third
parties, such liability is limited to the costs billed by 24High in
connection with the order with regard to direct damage. The liability is
limited in any case to the damage amount which is disbursed at most by
the insurance company.
2. The liability of 24High is limited at
all times to the restoral free of charges of a defective matter or the
replacement of that matter – or a component thereof – and all things at
the discretion of 24High.
3. Buyer has an investigation
obligation of his own and a responsibility to inform himself of the
purchase, the use, effect, and possible health hazards of delivered
products and the relevant legislation, such as the Netherlands
‘Opiumwet’.
4. 24High does not accept any liability for, in
any case, the following situations: the product does not create the
expected/desired sensation and/or effect; unexpected harvest results;
physical and/or mental complaints (including though not limited to:
dizziness, heart palpitations, headaches, confusion, the triggering of a
psychosis); reduced response capacity; other personal injury and/or
work incapacity as a result of defects of the product. Products cannot
be considered medication in any way neither/nor as a substitute of
medical treatment(s) (already underway) and/or of medical advice.
5. Products which 24High offers must never be used in
combination with medication, alcohol, supplements, anti-depressants
(MAO-inhibitors, SSRIs, SRNIs, and TCAs) and/or other (pharmaceutical)
substances with a similar effect. If Buyer uses the products in
combination with medication, alcohol, supplements, anti-depressants,
24High does not accept liability under any circumstance.
6.
24High is not liable for consequential damage, indirect damage, business
damage, loss of profit and/or incurred losses, missed savings, damage
due to operational stagnation.
7. Only in case of an
attributable shortcoming in compliance in the matter of guarantees
established by 24High with regard to the functionality and quality of
the delivered products, is a limited liability accepted.
8.
24High is not liable for damage which is or can be the consequence of
any action or failure to act in connection with (imperfect) information
deriving from collaborators, the website, or from linked
websites.
9. 24High is not responsible for errors and/or
irregularities in the functionality of the website and/ or malfunctions
or the (temporarily) not being available of the website for whatever
reasons.
10. 24High does not guarantee the correct and complete
transmission of the contents of and the functioning of e-mail forwarded
by/on behalf of 24High, nor for its timely receipt.
11. 24High
is not liable for any damage which Buyer incurs in the event products
which are purchased by order of Buyer are not compliant with legislation
and regulations of the country of receipt. 24High only and exclusively
sells in conformity with Netherlands legislation. Buyer must inform
himself regarding compliance with local laws.
12. All claims of
Buyer on account of the shortcoming of 24High lapse if they have not
been reported in a written and substantiated form to 24High within a
year after Buyer was aware or could reasonably have been aware of the
facts he bases his claims
on.
Article 14 Risk transfer
The risk of loss or damaging of the products which
are object of the agreement passes to Buyer at the moment when they are
effectively delivered to Buyer and are thereby brought under the control
of Buyer or of third parties to be indicated by
Buyer.
Article 15 Force Majeure
1. 24High is not liable in case it is unable to
fulfil its obligation pursuant to the agreement as a consequence of a
situation of force majeure, nor can 24High be bound to comply with any
obligation if it is prevented from doing so as a result of a
circumstance which cannot be attributed to its fault, and which, neither
pursuant to the law, nor to a legal action or commonly held opinion, is
its responsibility.
2. By force majeure is intended in any
case, though it is not limited to, what is stipulated regarding in the
law and jurisprudence, (i) force majeure on the part of suppliers of
24High, (ii) the not properly fulfilling of obligations of suppliers
which have been prescribed or recommended by Buyer to 24High, (iii)
defectiveness of matters, devices, software, or material of third
parties, (iv) government measures, (v) power outage, (vi) malfunction of
the internet, data network and telecom facilities (for instance as a
result of: cybercrime and hacking), (vii) natural disasters, (viii) war
and terrorist attacks, (ix) general transport issues, (x) work strikes
at the company of 24High , (xi) confiscation of whatever nature and on
whatever grounds, and (xii) other situations which in the opinion of
24High fall outside its sphere of influence and which prevent the
fulfilment of its obligations temporarily or permanently.
3.
24High has the right to appeal to force majeure if the circumstance
which prevents (further) compliance enters into effect after 24High
should have complied with its contract.
4. During the period
that the force majeure continues, parties can suspend the obligations
from the agreement. If this period lasts longer than two months, then
each of the parties is authorised to rescind the agreement, without any
obligation to compensate damage to the other party.
5. To the
extent 24High has at the time force majeure enters into effect already
partially fulfilled its obligations pursuant to the agreement or will
still be able to do so, and the part fulfilled or to be fulfilled
respectively represents an independent value, 24High has the right to
separately invoice the part already fulfilled or still to be fulfilled
respectively. Buyer is bound to settle this invoice as if it regarded a
separate agreement.
Article 16 Privacy,
data processing, and security
1. 24High handles the (personal) data of Buyer and
Users of the website with care and will only use it in conformity with
the privacy statement. If so requested, 24High will inform the data
subject concerning. Questions about the processing of the personal data
and further information can be submitted by e-mail to info@24high.nl.
2. If 24High on grounds of the agreement must provide for the
security of information, such security will be compliant with the
established specifications and a level of security which, taking into
account the state of the art, the sensitivity of the data and the
associated costs, is not unreasonable.
Article 17 – Intellectual Property Rights
1. All IP rights and copyrights of 24High lie
exclusively with 24High and are not transferred to Buyer.
2.
It is prohibited to Buyer to disclose and/or multiply, to modify or to
make available to third parties all documents subject to the IP rights
and copyrights of 24High, without the emphatic prior written consent of
24High. If Buyer wishes to apply changes to/on products supplied by
24High, 24High must explicitly agree with the intended modifications.
3. It is prohibited to Buyer to use products subject to the
intellectual property rights of 24High otherwise than is established in
the agreement.
Article 18 Complaints
1. If Buyer is not satisfied with the service or
products of 24High or has complaints otherwise regarding the purchase
agreement, Buyer is obligated to report these complaints as soon as
possible, but no later than within 7 days after the disclosure of what
has led to the complaint. Complaints can be reported to info@24high.nl
indicating “complaint” as the subject.
2. The
complaint must be sufficiently substantiated and/or clarified by Buyer,
for 24High to be able to take the complaint into consideration.
3. 24High will respond as soon as possible, though no later
than within 14 days after receipt of the complaint, substantively to the
complaint. If a longer term for complaint handling is necessary, buyer
will be timely informed accordingly, and in any case within said 14-day
term.
4. Parties will try to reach a settlement through mutual
agreement.
Article 19 Applicable law
1. To each agreement between 24High and the Buyer,
Netherlands law is applicable. The applicability of the Vienna
Commercial Treaty (CISG) is emphatically excluded.
2. 24High
has the right to unilaterally modify these general
conditions.
3. All disputes, arisen through or in connection
with the agreement between 24High and Buyer are submitted to the
competent court of law in The Hague, unless provisions of mandatory
legislation designate another competent
court.