Terms of use

1. Definitions

In these general terms and conditions, the following definitions apply:
User: SAVE-MII, with its registered office and place of business in Utrecht (trade register file number: 63645610).
Customer: any natural or legal person who enters into or has entered into an agreement with the user: any agreement under which the user supplies goods and/or rights, including rights of use, and/or provides services to the customer.

2. Applicability

2.1 These general terms and conditions apply to all offers by the user and to every legal relationship between the user and the buyer.
2.2 This version of the general terms and conditions replaces previous versions of the general terms and conditions.
2.3 The terms and conditions used by the buyer do not apply.
2.4 User is entitled to amend these general terms and conditions unilaterally. If the customer does not wish to accept amendments to the general terms and conditions, he will have the right to terminate the contract by registered letter as of the date on which the amended terms and conditions come into force, after which the customer will be deemed to have tacitly accepted the amendments.

3. Offers and price

3.1 All offers made by user are without obligation, user is at all times entitled to revoke offers.
3.2 Every description is intended as an indication without the goods having to correspond to it.
3.3 All prices are exclusive of turnover tax and other levies imposed by the government unless indicated otherwise.

4. Delivery

4.1 If stated, a delivery date shall only serve as a guideline or indication. The customer cannot derive any rights from a delivery date unless expressly agreed otherwise in writing.
4.2 The buyer is obliged to check the goods for defects immediately after delivery.
4.3 The buyer may no longer claim that the delivered goods do not comply with the contract if the buyer does not inform the user in writing within fourteen days of delivery.

5. Risk

5.1 The risk of the goods shall pass to the buyer after user has attempted to deliver the goods to the address specified by the buyer.
5.2 If the buyer does not opt for registered or insured shipment, user shall not be liable for loss of or damage to the items after they have been presented to a third party for shipment.
5.3 If the goods are transported by or on behalf of the buyer, the risk shall pass to the buyer as soon as the goods have left the control of user.
5.4 The risk shall also pass to the buyer after the user has notified the buyer that the goods are held by the user or third parties at the buyer's disposal.

6. Payment

6.1 Unless otherwise agreed in writing, the term of payment is fourteen days from the invoice date.
6.2 Failing payment within the payment term, the customer shall be in default without further (written) notice of default.
6.3 After expiry of the payment term, the customer shall owe two percent (2%) interest per month on the outstanding amount.
6.4 After expiry of the payment term, the user is entitled to take extrajudicial collection measures without further (written) notice of default or notification. The User will be entitled to recover the costs involved in such measures from the Principal. The extrajudicial costs will be set at fifteen percent (15%) of the amount due unless these costs are higher.
6.5 After expiry of the payment term, the User will be entitled to take legal measures without further (written) notice of default or notification. The User will be entitled to recover the costs involved in such measures from the Principal in full, i.e. in deviation from any fixed procedural cost reimbursement arrangement.

7. Imputation and settlement

7.1 Payments will always first be applied to settle any interest and costs due and secondly to settle payable invoices that have been outstanding the longest, even if the Principal states that the payment relates to a later invoice.
7.2 Settlement of any claim that the client may have against the user is excluded.
7.3 Except with the User's prior written permission, the Principal will not be permitted to encumber or alienate any claim that the Principal may have on the User.

8. Penalty

8.1 In the event of any shortcoming in the fulfilment of any obligation the client has towards the user, the client shall forfeit, without further notice or notice of default, an immediately payable fine, which is not subject to mitigation, equal to twenty percent (20%) of the monetary value of the obligation.

9. Retention of title

9.1 The User shall retain ownership of the items until the agreed price for these items has been paid in full.
9.2 Until the agreed price has been paid in full, the customer shall not be permitted to dispose of delivered items or encumber them in any way.

10. Liability

10.1 User's liability is limited to direct, material damage caused by a shortcoming attributable to it and to a maximum amount equal to the total of the amounts paid or to be paid by the buyer to the user under the contract.
10.2 In the event of a shortcoming attributable to it in the execution of an agreement with the client, the user will never be liable for indirect or consequential damage suffered by the client, including in particular but not exclusively loss of profit, turnover and missed income, and will therefore not be obliged to pay any compensation for this type of damage.
10.3 The User is not liable for damage that may occur to the Customer's goods as a result of the installation of modification chips supplied by the User or work carried out by or on behalf of the User in order to achieve modification.
10.4 Damage for which the User may be held liable must be reported to the User in writing as soon as possible, but no later than fourteen (14) days after its occurrence. Damage not reported within that period will not be eligible for compensation.

11. Dissolution

11.1 The user is entitled at all times to suspend the performance of an agreement or to dissolve it if at any time it should appear that the client continues to fail to meet its obligations vis-à-vis the user, even if these are obligations on the part of the client under an agreement other than the one whose performance the user suspends or which the user dissolves.
11.2 The User will be entitled to dissolve the contract with immediate effect, without judicial intervention and without notice of default, if the Customer is declared bankrupt, is granted a suspension of payments, has filed for bankruptcy or a provisional suspension of payments, or wishes to make an arrangement with its creditors in order to avoid this, if the Customer is seized, is placed under guardianship, applies for debt rescheduling for natural persons, or if it otherwise loses the power of disposition of its assets or parts thereof.

12. Disputes

12.1 The legal relationship(s) between the User and the Customer shall be governed by Dutch law.
12.2 Disputes arising from legal relationship(s) between user and customer shall be submitted exclusively to the District Court in Utrecht not withstanding the foregoing, user shall remain free to submit disputes to the court deemed competent by law.

Last modified on: Utrecht, 23 December 2023