General Terms and Conditions – Liberteque.com
Definitions
In these general terms and conditions, the following definitions apply:
a. Liberteque.com: the sole proprietorship engaged in providing services through the website Liberteque.com;
b. Customer: the natural person or legal entity using the services of Liberteque.com;
c. Services: all services offered by Liberteque.com via the website Liberteque.com.
- Applicability
a. These general terms and conditions apply to all services of Liberteque.com and to all agreements concluded between Liberteque.com and the Customer.
b. Deviations from these terms and conditions are valid only if expressly agreed upon in writing between Liberteque.com and the Customer.
- Offer and Agreement
a. All offers made by Liberteque.com are non-binding and may be modified at any time.
b. Liberteque.com is not bound by an offer if the Customer could reasonably understand that it contains an obvious mistake or clerical error.
c. An agreement between Liberteque.com and the Customer is concluded at the moment the Customer accepts the offer.
d. Liberteque.com reserves the right to refuse assignments without stating reasons.
- Prices and Payment
a. All prices are stated in euros and exclude VAT.
b. Payment must be made in advance, unless otherwise agreed in writing.
c. If the Customer fails to meet payment obligations on time, the Customer is automatically in default and owes interest of 1% per month on the outstanding amount, whereby part of a month counts as a full month.
d. If the Customer is in default, Liberteque.com is entitled to terminate or suspend the agreement with immediate effect, without any obligation to compensate the Customer.
- Liability
a. Liberteque.com is not liable for any damage suffered by the Customer as a result of using the services of Liberteque.com, unless such damage results directly from intentional misconduct or gross negligence on the part of Liberteque.com.
b. In all cases, liability is limited to the amount covered by the liability insurance of Liberteque.com.
c. Liberteque.com is not liable for indirect damages, including consequential damages, delays, loss of profit, lost savings, data loss, or business interruption.
d. The Customer indemnifies Liberteque.com against all third-party claims related to the execution of the agreement between Liberteque.com and the Customer.
- Intellectual Property Rights
a. All intellectual property rights relating to the services and the website of Liberteque.com, including but not limited to copyrights, trademark rights, trade name rights, and database rights, are exclusively vested in Liberteque.com.
b. The Customer acquires only a non-exclusive and non-transferable right to use the services of Liberteque.com.
c. The Customer is not permitted to reproduce, publish, or use the services of Liberteque.com for purposes other than those intended, unless expressly authorized in writing by Liberteque.com.
- Force Majeure
a. In the event of force majeure, including but not limited to disruptions in telecommunications infrastructure, internet, computer or telecommunication facilities, war, mobilization, civil unrest, riots, strikes, lockouts, business interruptions, transport delays, natural disasters, fire, water damage, and other unforeseen circumstances that reasonably prevent performance of the agreement by Liberteque.com, performance of the agreement will be suspended or terminated without any obligation to pay compensation.
b. If the force majeure situation lasts longer than ninety days, both parties have the right to terminate the agreement in writing.
- Disputes
a. These general terms and conditions and all agreements between Liberteque.com and the Customer are governed exclusively by Dutch law.
b. Any disputes arising between the parties shall be submitted exclusively to the competent court in the district where Liberteque.com is established.
- Amendments and Additions
a. Liberteque.com reserves the right to amend or supplement these general terms and conditions.
b. Amendments or additions also apply to agreements already concluded.
c. Amendments or additions will be announced in writing and take effect on the date stated in the announcement, or, in the absence of such a date, on the date of announcement.
- Final Provisions
a. If any provision of these general terms and conditions is null and void or annulled, the remaining provisions shall remain in full force. The parties will consult to agree on a new provision replacing the invalid provision, taking into account as much as possible the purpose and intent of the original provision.
b. The Customer is not entitled to transfer rights and/or obligations arising from the agreement to third parties without prior written consent from Liberteque.com.
c. Liberteque.com is entitled to transfer its rights and/or obligations arising from the agreement to third parties without prior written consent from the Customer.
d. The version of the general terms and conditions applicable at the time of concluding the agreement remains applicable to that agreement.
e. These general terms and conditions are drafted in the Dutch language. In the event of discrepancies between the Dutch text and any translation, the Dutch text shall prevail.
f. Any deviations from these general terms and conditions apply solely to the specific agreement concerned and do not affect other agreements.
g. The Customer declares that they have received these general terms and conditions and agree to them.