terms & conditions

GENERAL TERMS AND CONDITIONS SCS Creative

Definitions

1.   SCS Creative, established in The Hague.

2.   Customer: the person with whom SCS Creative has entered into an agreement.

3.   Parties: SCS Creative and customer together.

4.   Consumer: a customer who is an individual acting for private purposes.

Applicability

1.   These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of SCS Creative. 

2.   Parties can only deviate from these conditions if they have explicitly agreed upon in writing.

3.   The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

1.   All prices used by SCS Creative are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, transport expenses, unless expressly stated otherwise or agreed otherwise.

2.  SCS Creative is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.

3.   The price with regard to services is determined by SCS Creative on the basis of the actual working hours. 

4.   The price is calculated according to the usual hourly rates of SCS Creative, valid for the period in which she carries out the work, unless a different hourly rate has been agreed.

Payments and payment term

1.  SCS Creative may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount. 

2.   The customer must have paid the full amount within 7 days after delivery of the product.

3.   Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without SCS Creative having to send the customer a reminder or to put him in default. 

4.  SCS Creative reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

Consequences of late payment

1.   If the customer does not pay within the agreed term, SCS Creative is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.

2.   When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to SCS Creative. 

3.   The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs. 

4.   If the customer does not pay on time, SCS Creative may suspend its obligations until the customer has met his payment obligation. 

5.   In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of SCS Creative on the customer are immediately due and payable. 

6.   If the customer refuses to cooperate with the performance of the agreement by SCS Creative he is still obliged to pay the agreed price to SCS Creative. 

Delivery Period

1.   Any delivery period specified by SCS Creative is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.

2.   The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from SCS Creative. 

3.   Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless SCS Creative cannot deliver within [7] or if the parties have agreed upon otherwise.

Performance of the agreement

1.  SCS Creative executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. 

2.  SCS Creative has the right to have the agreed services (partially) performed by third parties.

3.   The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer. 

4.   It is the responsibility of the customer that SCS Creative can start the implementation of the agreement on time.

5.   If the customer has not ensured that SCS Creative can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.

Duty to inform by the customer 

1.   The customer shall make available to SCS Creative all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.

2.   The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement. 

3.   If and insofar as the customer requests this, SCS Creative will return the relevant documents. 

4.   If the customer does not timely and properly provides the information, data or documents reasonably required by SCS Creative and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.

Complaints

1.   The customer must examine a product or service provided by SCS Creative as soon as possible for possible shortcomings.

2.   If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform SCS Creative of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. 

3.   Consumers must inform SCS Creative of this within two months after detection of the shortcomings.

4.   The customer gives a detailed description as possible of the shortcomings, so that SCS Creative is able to respond adequately. 

5.   The customer must demonstrate that the complaint relates to an agreement between the parties.

6.   If a complaint relates to ongoing work, this can in any case not lead toSCS Creative being forced to perform other work than has been agreed. 

Giving notice

1.   The customer must provide any notice of default to SCS Creative in writing.

2.   It is the responsibility of the customer that a notice of default actually reaches SCS Creative (in time). 

Drawn up on 10 October 2020. 

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