Terms & Conditions

All Flipz.nl products are real eye-catchers. We wish we could package the terms and conditions so beautifully. After all, we cannot avoid arranging certain matters properly. We do this in these general terms and conditions, which apply to all Agreements that you enter into with us. Nice and clear! Do you want to know something about your obligations, the way in which we perform the Agreement or the terms of payment? You will find all that here.

PART I: GENERAL PROVISIONS

The articles of Part I: General Provisions apply to every offer or quotation from Flipz.nl and to every Agreement between Flipz.nl and a Other Party. Whether the Other Party is a Consumer, a Business or a Reseller.

1: Definitions

Flipz.nl Counterparty:
The one-man business Flipz.nl, registered in the Trade Register of the Chamber of Commerce under number 70408823.

Business:
the party, being a Consumer, a Company and/or a Reseller, who enters into an Agreement with Flipz.nl or to whom Flipz.nl has submitted an offer.

Consumer:
a (legal) person acting for purposes related to his/her trade, business, craft or professional activity. a natural person who is not acting for purposes related to his/her trade, business, craft or professional activity.

Agreement:
any oral or written agreement that is concluded between Flipz.nl and the Other Party, any amendment or addition thereto, and all actions in preparation for and/or execution of that agreement. 


Parties: Reseller:
Flipz.nl and the Counterparty together. a legal entity that is a seller of services and/or products purchased from Flipz.nl.

2. When do these conditions apply?

2.1. These general terms and conditions apply to every offer and quotation from Flipz.nl, to every Agreement between Flipz.nl and a Counterparty and to every repeat order or partial order placed as a result of the Agreement.

2.2. The applicability of any purchase or other conditions of the Other Party is expressly rejected. Deviations and/or additions to these terms and conditions only apply if Flipz.nl has expressly and in writing accepted them and only relate to the (partial) assignment for which that acceptance has taken place.

2.3. If one or more provisions of these terms and conditions are ever wholly or partially void or are voided, the remaining provisions of these terms and conditions will remain in full force and effect. Flipz.nl will then agree on a new provision together with the Other Party, without losing sight of the purpose and intent of the invalid or annulled provision.

2.4. If Flipz.nl does not always require strict compliance with these terms and conditions from a Other Party, this does not mean that the provisions of these terms and conditions no longer apply, or that Flipz.nl would lose the right to in other cases to require strict compliance.

3. Quotations and offers

3.1. All quotations and offers from Flipz.nl are without obligation. This means that Flipz.nl has the right to change the conditions of a quotation or offer. A Other Party cannot therefore derive any rights from a communicated quotation or offer. A quotation or offer lapses in any case if the product is no longer available in the meantime.

3.2. Flipz.nl cannot be held to its quotations and offers if the Other Party should reasonably understand that the quotation or offer, or a specific part thereof, contains an obvious mistake or error.

3.3. A quotation or offer does not automatically apply to future agreements.

3.4. Prices stated on the website do not provide a reference for prices that apply to custom products. These prices may therefore not be compared.

3.5. If Flipz.nl includes a composite quotation in the quotation, Flipz.nl cannot be obliged to perform part of the Agreement for an agreed part of the composite price. 

3.6. Flipz.nl is always entitled to change the agreed price without the Other Party being entitled to dissolve the Agreement for that reason if the price increase results from a power or obligation under the law or regulations or is the result of a price increase of the product or other reasons that could not reasonably have been foreseen when the Agreement was entered into.

4. Agreement

4.1. An Agreement is only concluded if (I) the Other Party accepts an offer or quotation from Flipz.nl unchanged, or; if (II) Flipz.nl confirms an Agreement in writing, or if (III) Flipz.nl has already implemented the Agreement in whole or in part.

4.2. Agreements, promises or changes to the Agreement made by (or on behalf of) Flipz.nl after entering into the Agreement are only binding if they have been confirmed in writing by Flipz.nl, or if Flipz.nl has already started. is implementing it.

4.3. Flipz.nl may, upon or after entering into the Agreement and before the Agreement is (further) performed/delivered, require sufficient security from the Other Party that both the payment obligation and any other obligations have been met. will be. For this reason Flipz.nl may request a down payment on the invoice amount before executing the Agreement is started. Refusal by the Other Party to provide the required security gives Flipz.nl the right to refuse the Agreement.

5. Obligations of the Other Party

5.1. The Other Party must ensure that all data, which Flipz.nl has indicated are necessary for the correct and timely execution of the Agreement, or which the Other Party should understand to be necessary for the correct execution of the Agreement, be made available to Flipz.nl on time and in the form and manner desired by Flipz.nl.

5.2. The Other Party is responsible for the correctness, completeness and reliability of the data and documents made available to Flipz.nl, even if they originate from or via third parties.

5.3. If the Other Party itself supplies an object that he/she wants to be used by Flipz.nl when assembling a product, the Other Party must ensure that this object meets the requirements of Flipz.nl. satisfies. This means that the object must in any case be suitable for assembly with Flipz.nl’s bluetooth speaker, and/or that all reasonable instructions from Flipz.nl for making the object suitable for assembly must be carried out by the Other party?j. If, according to Flipz.nl, the object is not (made) suitable for assembly, Flipz.nl has the right to cancel or terminate the Agreement with the Other Party, without Flipz.nl being obliged to pay any compensation or cost.

5.4. The assembly of the product takes place at Flipz.nl’s location, unless otherwise agreed. If the Other Party itself supplies an object for assembly, the Other Party itself must ensure the delivery of the object at the location indicated by Flipz.nl. In consultation and after payment of a cost reimbursement to be indicated by Flipz.nl, Flipz.nl can also collect the object of the Other Party on location.

5.5. The Other Party is obliged to purchase the (agreed) products the moment they are made available to him/her. If the Other Party refuses this purchase and/or fails to provide instructions that are necessary for the delivery of the (agreed) products, Flipz.nl has the right to store the products for the account and risk of the Other Party. 

5.6. If the Other Party has not, not on time or not properly fulfilled its obligations as referred to in this article, Flipz.nl is entitled to suspend the execution of the Agreement until the moment that the Other Party has fulfilled its obligations as stated in this article. If Flipz.nl has to incur costs as a result, these costs will be borne by the Other Party. In that case, these costs will be charged to the Other Party on the basis of subsequent calculation by Flipz.nl.

6. Performance of the Agreement

6.1. All work performed by or on behalf of Flipz.nl in the execution of the Agreement, will be performed to the best of its knowledge and ability in accordance with the requirements of good workmanship, all this on the basis of the state of the art known at that time. With regard to the intended work, Flipz.nl has a best efforts obligation. Flipz.nl therefore does not guarantee any results or expectations.

6.2. Flipz.nl has the right to have work performed by third parties. The applicability of articles 7:404, 7:407 paragraph 2 and 7:409 of the Dutch Civil Code is expressly excluded. 


6.3.Flipz.nl determines the manner in which and by which persons the Agreement is performed, but in doing so takes into account the requirements made known by the Other Party as much as possible. Flipz.nl reserves the right to replace persons and/or employees involved in the performance of the work.

6.4. Unless otherwise agreed, Flipz.nl’s assignment never includes:
− checking whether the instructions of the Other Party comply with legal or quality standards, unless performing a certain (specific) test between Parties have agreed;
− checking the correctness, completeness and reliability of the Other party supplied data and information.

6.5. Flipz.nl is entitled to execute the Agreement in different phases and for the executed (partial) deliveries separately to the Other Party bring.

6.6. If after the conclusion of the Agreement it appears that it is for the proper performance thereof is necessary to change or supplement the work to be performed, the Parties will adjust the Agreement accordingly in due time and in consultation.

6.7. If the Parties agree that the Agreement will be amended or supplemented, the time of delivery may be affected as a result. Flipz.nl will inform the Other Party of this as soon as possible. If the amendment of and/or the supplement to the Agreement has financial and/or qualitative consequences, Flipz.nl will inform the Other Party about this in advance.

7.Delivery

7.1. The place of delivery is the address that the Other Party has made known to Flipz.nl.

7.2. The following applies as the time of delivery:

− if Parties have agreed that Flipz.nl will deliver the products to a location from the Other Party or another place designated by the Other Party: the moment Flipz.nl offers the products at that location in question, even if the Other Party refuses to receive the products at that time;
− in the event that the Other Party comes to receive the products at the offices of Flipz.nl or a place designated by Flipz.nl: the moment at which the Other Party would receive the products according to the agreement, even if the receipt of the products is refused by the Other Party at that time or even if the Other Party does not appear on time at the agreed place and time to be able to receive the delivery.

7.3. Specified (delivery) terms are indicative and are never strict deadlines. If a term is exceeded, the Other Party must first send Flipz.nl a written notice of default. This means that Flipz.nl is offered a reasonable term to still comply with the Agreement.

7.4. From the moment of delivery, the risk of damage, loss, theft and destruction of the products rests with the Other Party.

7.5. Flipz.nl is always entitled to set off claims against the Other Party against amounts owed to Flipz.nl by the Other Party or a company affiliated with the Other Party.

7.6. The administration of Flipz.nl is leading at all times for determining the delivery date and what the Other Party owes Flipz.nl.

8. Suspension and dissolution

8.1. Flipz.nl has the right to suspend the execution of the Agreement or to dissolve the Agreement without being obliged to pay any compensation, compensation or costs, if:
− the Other Party does not, not fully or not timely fulfill its obligations under the Agreement;
− Circumstances that have come to the attention of Flipz.nl after the conclusion of the Agreement give good grounds to fear that the Other Party will not fulfill its obligations;
− due to the delay on the part of the Other Party, Flipz.nl can no longer be expected to fulfill the Agreement under the originally agreed conditions;
− the Other Party does not provide the requested security for the fulfillment of his/her obligations under the Agreement; or
− there is abuse or improper use of the products. In the aforementioned cases, the Other Party is obliged to pay compensation or indemnification on account of default and liable for all damage (including costs) that directly or indirectly arises at lipz.nl.

8.2. Flipz.nl ALWAYS has the right to terminate an Agreement, or an amendment thereto refuse or terminate if the Agreement violates any law or regulation. Flipz.nl may also refuse an Agreement or terminate if, in its opinion, the Agreement may cause damage to the interests or reputation of its company. 8.3.If the Agreement between the Parties is dissolved, the claims of Flipz.nl on the Other Party immediately due and payable. 8.4. In the event of liquidation, (application for) suspension of payments or bankruptcy, of attachment at the expense of the Other Party (longer than three months), of debt restructuring or any other circumstance as a result of which the Other Party can no longer freely dispose of his/ her assets, Flipz.nl is free to terminate the Agreement immediately. and/or cancel the assignment or Agreement, without any obligation on the part of Flipz.nl to pay any compensation or compensation. The claims of Flipz.nl on the Other Party are immediately due and payable in this case.

9. Force Majeure

9.1. Flipz.nl is not obliged to fulfill an obligation under the Agreement in the event of force majeure (Article 6:75 of the Dutch Civil Code).

9.2. In addition to the provisions of the law and jurisprudence, force majeure is understood to mean: all external causes, foreseen or unforeseen, on which Flipz.nl cannot exert any influence, ut as a result of which Flipz.nl is unable to fulfill its obligations. to comply with the Agreement. This also includes the situation that there is a strike in the company of Flipz.nl or third parties, and the situation that Flipz.nl receives products or services late from its suppliers. Flipz.nl can also invoke force majeure if the force majeure occurs after Flipz.nl should have fulfilled the Agreement.

9.3. Flipz.nl has the right to suspend the obligations under the Agreement during the period that the force majeure occurs. Both Parties have the right to dissolve the Agreement without compensation for damage if this period of force majeure lasts longer than three months.

9.4. If Flipz.nl has already fulfilled part of its obligations under the Agreement when the force majeure occurs, Flipz.nl may already charge this to the Other Party. The Other Party is then obliged to pay this invoice as if it were a separate agreement.

10. Warranty

10.1. The products to be delivered by Flipz.nl meet the usual requirements and standards that can reasonably be set at the time of delivery and for which they are intended under normal use in the Netherlands. The warranty referred to in this article applies to products intended for use within the etherlands. When used outside the Netherlands, the Other Party itself must verify whether its use is suitable for use there and whether it meets the conditions set for it.

10.2. The guarantee referred to in the previous paragraph of this article applies for a period of 1 year after delivery, unless the nature of the delivery dictates otherwise or the Parties have agreed otherwise. If the warranty provided by Flipz.nl concerns a product that was produced by a third party, the warranty is limited to that provided by the producer of the product for it, unless stated otherwise.

10.3. The warranty lapses if a defect has arisen as a result of or arising from (1) the situation that the Other Party or third parties have made changes to the product without Flipz.nl’s written permission or have attempted to affix or have been affixed to them other matters which should not be affixed thereto or (2) if the products have been used in a manner other than that which is prescribed (improper or improper use), or (3) if there is incorrect storage of the products or incorrect or defective maintenance thereof. The Other Party is also not entitled to warranty if the defect is caused by or is the result of circumstances beyond Flipz.nl’s control.

10.4. The warranty also lapses if the product is exposed to extreme conditions or circumstances that are not compatible with the nature of the product. This includes (but is not limited to) exposure to water, moisture, extreme cold or heat.

10.5. The prescribed method of use of the product is use in accordance with the accompanying user manual as communicated to the Other Party and also published on the website (www.flipz.nl).

11. Liability

11.1. Any liability of Flipz.nl will always be limited to what has been arranged in these general terms and conditions.

11.2. Flipz.nl is in any case not liable for damage, of whatever nature, arising as a result of (including, but not limited to):
– use of the product, even if a third party suffers the damage (this also includes – but is not limited to – explosion of the battery);
– incorrect and/or incomplete information provided by the Other Party;
– the purchase of replacement goods;
– failure to observe (safety) regulations and/or careless handling of the products supplied by Flipz.nl;
− normal wear and tear and depreciation of the product that occurs through no fault of his/her own;
− circumstances that are beyond Flipz.nl’s control.

11.3. Flipz.nl is never liable for the ultimate suitability of the product for each individual application by the Counterparty, and not for any advice regarding the use and application of the product. 11.4. Advice from Flipz.nl with regard to the technical application and/or use of the products of Flipz.nl are provided to the best of our knowledge, but only serve as non-binding instructions. The Other Party cannot derive any rights from this advice from Flipz.nl. The Other Party itself will determine the suitability of Flipz.nl’s products for the intended purposes should check.

11.5. The liability of Flipz.nl is in any case always limited to the amount that its insurer pays out in that case, or if no payment is made under the insurance, up to a maximum of the invoiced amount to the Other Party for the product to which the liability relates.

11.6. Flipz.nl is only liable for direct damage. Direct damage is exclusively understood to mean the reasonable costs to determine the cause and extent of the damage, any reasonable costs incurred to have Flipz.nl’s defective performance comply with the Agreement, insofar as this is payable to Flipz.nl. can be attributed and reasonable costs incurred to prevent or limit damage, insofar as the Other Party demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions.

11.7. Flipz.nl is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage as a result of business interruption.

11.8. The limitations of liability included in this article do not apply if Flipz.nl caused the damage with intent or gross negligence.

12. Disclaimer

The Other Party indemnifies Flipz.nl, and the third parties engaged by Flipz.nl, against any liability towards third parties who suffer damage through the use of Flipz.nl’s products.

13. Intellectual Property

13.1 All intellectual property rights regarding (the design of) the products that are created during the execution of the Agreement, belong to Flipz.nl and may not be used by the Other Party or third parties without Flipz.nl’s prior consent. used or counterfeited, unless otherwise agreed.

13.2 Flipz.nl is entitled to use a design it has made for other assignments and/or other purposes.

13.3 Flipz.nl may include the design in online and offline porjolio photos.

13.4 Copyright or other IP rights to the object supplied by the Other Party remain with the person who conceived or developed that object. Flipz.nl is entitled to intellectual property rights with regard to the assembly of the product.

13.4 If the Other Party itself supplies an object for assembly, it is itself responsible for this. The Other Party indemnifies Flipz.nl against any liabilities vis-à-vis third parties who suffer damage as a result of its use, even if this relates to an infringement of the intellectual property rights of a third party.

13.4 The Other Party is not permitted to remove or change any designation regarding copyrights, brands, trade names or other intellectual property rights from the (delivered) products.

14. Retention of title

14.1 All (part) products delivered by Flipz.nl under the Agreement remain the property of Flipz.nl until the Other Party has fully complied with all obligations under the Agreement(s).

14.2 The Other Party is not authorized to sell, deliver or otherwise dispose of these products. The Other Party is not permitted to pledge these products or grant any other right to them to third parties.

14.3 The Other Party gives unconditional and irrevocable permission in advance to Flipz.nl and the third parties designated by Flipz.nl to enter all those places where Flipz.nl’s property is located when exercising Flipz.nl’s property rights. and take back the products. The Other Party must inform Flipz.nl immediately if it finds or threatens to have payment difficulties.

15. Duty of investigation and complaint

15.1. The products to be delivered by Flipz.nl meet the usual requirements and standards that can reasonably be set at the time of delivery and for which they are intended for normal use in the etherlands. The Other Party must inspect the items delivered by Flipz.nl immediately when the products are made available to it, during which it must be established whether the quality and/or quantity corresponds to what has been agreed. Any complaints must be reported in writing by the Other Party to Flipz.nl within 14 days of delivery. The Other Party must give Flipz.nl the opportunity to investigate a complaint or have it investigated.

15.2. Any invisible defects must be reported in writing to Flipz.nl immediately, but no later than 14 days after discovery. The Other Party must give Flipz.nl the opportunity to investigate a complaint or have it investigated.

15.3. For the purposes of these provisions, each partial delivery is considered a separate delivery.

15.4. Complaints to Flipz.nl can only be aimed at the assembly work. Flipz.nl offers no guarantees with regard to the products and/or services it supplies. Flipz.nl also offers no guarantee whatsoever for the consequences of using the products and/or services supplied. 

15.5.Flipz.nl does not guarantee the quality of the objects supplied for assembly by the Other Party itself. For complaints regarding the quality of the bluetooth speakers ordered via Flipz.nl, the Other Party must address the producer of the relevant speakers.

15.6. There may be differences in the appearance between the delivered product/designs and previous images shown by Flipz.nl, such as the color on the website. These differences do not provide grounds for advertising. Flipz.nl is never responsible for minor deviations between the numbers, types, sizes, numbers, colours, images and/or other data specified by Flipz.nl, unless this results in a substantial change in the technical and/or aesthetic? technical implementation of the products of Flipz.nl.

If a defect is established and in the event of a timely complaint, Flipz.nl will replace or repair the defect within a reasonable period of time after written notification thereof by the Other Party. Submitting complaints never releases the Other Party from its purchase and payment obligation towards Flipz.nl.

If a defect/complaint is not reported in time, the Other Party is no longer entitled to repair, replacement or any other compensation. After expiry of the warranty period, all costs for repair or replacement, including administration, shipping and call-out costs, will be charged to the Other Party.

If, after delivery, the delivered goods have not been used in accordance with the instructions for use or application with regard to the nature and/or composition and/or if the Other Party itself has made or has made changes to the delivered goods, any right to repair, replacement or any other

16. Applicable law and disputes

All legal relationships with Flipz.nl are exclusively governed by Dutch law. The competent court in Flipz.nl’s place of business has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise. The parties will only appeal to the court after they have made every effort to resolve a dispute among themselves.

PART II: CONSUMERS

In addition to all the provisions of Part I: General Provisions, the articles of Part II: Consumers apply to any Agreement that Flipz.nl enters into with a natural person who is not acting for purposes related to his/her trade, business, craft or professional activity. In the event of any conflict between the provisions of Part I: General Provisions and Part II: Consumers, the provisions of Part II: Consumers shall prevail.

17. Definitions Part II: Consumers

In part II of these general terms and conditions, the following capitalized terms always have the meaning specified below:

Reflection time:
the period within which the Consumer can make use of his/her right of withdrawal.

Right of withdrawal:
the possibility of the Consumer to waive the Distance Contract within the Cooling-off Period.

Model form:
the model form included in Appendix 1 of these terms and conditions for the withdrawal of eligible products. Appendix 1 does not apply if the Consumer does not have a Right of Withdrawal with regard to his/her order.

18: Right of withdrawal for the consumer

18.1 When purchasing via the web shop, the Consumer has the option to dissolve the Agreement without stating reasons within 14 days after the day the product was received by the Consumer. 18.2 In a number of cases, the Right of Withdrawal cannot be invoked, as referred to in Article 6:230p of the Dutch Civil Code. This is the case, for example, if there are personalized products or if a seal is broken.

18.3 During the Reflection Period of 14 days, the Consumer will handle the delivered product and any packaging with care. The Consumer will only unpack the product to the extent necessary to assess whether he/she wishes to keep the product. With sealed products, opening the product immediately results in an exclusion from the Right of Withdrawal. If the Consumer makes use of the Right of Withdrawal in all other cases, he/she will return the product with all accessories supplied – insofar as reasonably possible – in the original condition and packaging to Flipz.nl, in accordance with the reasonable and clear instructions.

18.4 If the Consumer wishes to make use of the Right of Withdrawal, he/she is obliged to notify Flipz.nl of this within 14 days of receipt of the product via info@flipz.nl. The Consumer must do this by sending an unambiguous statement showing that he/she wishes to revoke the Agreement or by sending Flipz.nl the completed Model Form for Revocation, referred to in Appendix 1 of these general terms and conditions. The Consumer must return the product within 14 days of making the statement. The burden of proof for the timely return of the delivered product and the expression of the unambiguous statement lies with the Consumer.

18.5 If the Consumer makes use of the Right of Withdrawal, the costs of return will be for his/her account. 

18.6 If the Consumer has not informed Flipz.nl in the prescribed manner after the expiry of the terms referred to in this article that he wishes to make use of the Right of Withdrawal or Cancellation. has not returned the product to Flipz.nl, then the purchase is a fact.

19: Exclusion Right of withdrawal

19.1 The Right of Withdrawal does not apply to products and services of Flipz.nl that the Consumer has ordered or purchased within the sales area of Flipz.nl. The Right of Withdrawal only applies to a Distance Agreement and an Agreement outside the sales area.

19.2 The Consumer cannot revoke custom ordered products and services from Flipz.nl. Customized products and services of Flipz.nl are explicitly excluded from the Right of Withdrawal (Article 6:230 sub f part 1 of the Dutch Civil Code), because the products of Flipz.nl are personalized.

19.3 If the Consumer nevertheless withdraws from the Agreement, this will be done at his/her risk and the costs thereof will be for his/her own account.

20: Fees and Payment

20.1 All amounts shown on the website include VAT and exclude any applicable shipping costs, unless stated otherwise.


20.2 Unless otherwise agreed in writing, payment must be made immediately upon ordering by means of the methods offered via the webshop or point of sale.


20.3 In the event of non-payment or late payment, the Consumer will be in default after the expiry of the payment term after prior notice of default or demand from Flipz.nl. A Consumer will first be nformed by Flipz.nl of the late payment and will be granted a period of 14 days to still meet the payment obligation. In the absence of payment, the Consumer owes Flipz.nl statutory interest on the outstanding amounts (including collection costs) from the due date of the invoice until the moment of payment of the full amount owed. All reasonable judicial and extrajudicial costs incurred in obtaining payment are also for the account of the Consumer.


20.4 Flipz.nl has the right to have the payments made by the Consumer go first of all to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the current interest. Payments from the Consumer are always used by Flipz.nl to settle the oldest overdue claims.


20.5 Objections to the amount of an invoice or other objections do not suspend the payment obligation of the Consumer.

21: Privacy

Flipz.nl is familiar with the General Data Protection Regulation (GDPR) and takes this into account when processing the (personal) data of the Consumer. No (personal) data is shared with third parties, unless (i) this is necessary for the proper execution of the Agreement; or (ii) Flipz.nl has a legal obligation to share the (personal) data; or (iii) Flipz.nl has received explicit permission for this from the Consumer; or (iv) if one of the other legal bases for processing personal data applies.

PART III: COMPANY

In addition to all the provisions of Part I: General Provisions, the articles of Part III: Company apply to any Agreement that Flipz.nl enters into with a person acting for purposes related to his/her trade, business, craft or professional activity. In the event of any conflict between the provisions of Part I: General Provisions and Part III: Companies, the provisions of Part III: Companies shall prevail.

22: Cancellation

22.1 A total or partial cancellation of the Agreement by the Company is only possible by mutual consent.


22.2 The administration of Flipz.nl is leading for determining the costs incurred and the corresponding cancellation date.

23: Fees and Payment

23.1 Unless otherwise agreed in writing, payment for shipment of the products must be made by means of the methods offered via the webshop or point of sale. 


23.2 In the event of non-payment or late payment, the Company is in default from the expiry of the payment term without prior notice of default or demand from Flipz.nl. The Company will then owe the statutory interest on the outstanding amounts (including collection costs) from the due date of the invoice until the moment of payment of the full amount owed. All reasonable judicial and extrajudicial costs incurred in obtaining payment shall also be borne by the Company.


23.3 Flipz.nl has the right to have the payments made by the Company go first of all to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the current interest. Payments from the Company are always used by Flipz.nl to settle the oldest overdue claims.


23.4 Objections to the amount of an invoice or other objections do not suspend the Company’s payment obligation.

PART IV: RESELLER

In addition to all the provisions of Part I: General Provisions, the articles of Part IV: Reseller apply to any Agreement that Flipz.nl enters into with a person acting as a reseller of Flipz.nl’s products. In the event of any conflict between the provisions of Part I: General Provisions and Part IV: Reseller, the provisions of Part IV: Reseller shall prevail.

24: Definitions Part IV: Reseller

In part IV of these general terms and conditions, the following capitalized terms always have the meaning specified below:

Area:
The territory in which the Reseller may sell Products. If there is an area restriction, this is included in the Agreement between Flipz.nl and the Reseller.

Products:
All products supplied by Flipz.nl to the Reseller, in the context of the Agreement between Flipz.nl and the Reseller.

Selling price:
The recommended retail price at which Products should be sold.

25: Resale of Products

25.1 Under the conditions of and in the manner set out in the Agreement between Flipz.nl and the Reseller, Flipz.nl appoints the Reseller as the reseller of its Products. Flipz.nl may attach conditions to this appointment. For example, Flipz.nl can determine that the resale of its Products by Reseller is only allowed within a defined Territory.

25.2 If Flipz.nl has appointed the Reseller as a reseller of its Products, this means that the Reseller is granted permission to distribute and sell Products (whether or not within an agreed Territory) in accordance with the terms of the Agreement and these terms and conditions. The Reseller will (exclusively) purchase Products from Flipz.nl and sell them to customers (whether or not within an agreed Territory).

25.3 The Reseller acts at its own expense and risk. The Agreement between Flipz.nl and the Reseller never constitutes a cooperation agreement, agency agreement or representation. The Agreement also does not create a relationship of authority between the Parties.

26: No exclusivity

26.1 Under the conditions of and in the manner set out in the Agreement between Flipz.nl and the Reseller, Flipz.nl appoints the Reseller as the reseller of its Products. Flipz.nl may attach conditions to this appointment. For example, Flipz.nl can determine that the resale of its Products by Reseller is only allowed within a defined Territory.

26.2 If Flipz.nl has appointed the Reseller as a reseller of its Products, this means that the Reseller is granted permission to distribute and sell Products (whether or not within an agreed Territory) in accordance with the terms of the Agreement and these terms and conditions. The Reseller will (exclusively) purchase Products from Flipz.nl and sell them to customers (whether or not within an agreed Territory).

27: Reseller Obligations

27.1 The Reseller is obliged to apply the general (sales) conditions of Flipz.nl for all distribution and sales activities and to declare them applicable. Flipz.nl’s general (sales) conditions may change from time to time.

27.2 The Reseller is also obliged to provide the purchasers with the user manuals for the Products in all distribution and sales activities.

27.3 Flipz.nl considers the appearance of the (online and offline) sales area of the Reseller to be of great importance. The Reseller ensures that the sales area is visible and accessible at all times and that the quality and appearance remain of a high level. When entering into the Agreement between Flipz.nl and the Reseller, the sales space of the Reseller meets the requirements that Flipz.nl sets. In the event of changes to the Reseller’s sales area that affect the Products, the  Reseller will first request written permission from Flipz.nl.

27.4 The Reseller will properly and fully inform (potential) customers about the functioning of the Products and will not provide incorrect or misleading information to (potential) customers.

27.5 The Reseller will not make any changes in or to the Products, the packaging and/or supplied items. The Reseller will also not copy or market the Products under its own name.

27.6 The Reseller is solely responsible for the sale of the Products and any associated marketing activities. This means that the Reseller itself must provide a website, business cards and other expressions related to the sale of Products.

28: Rights and obligations Flipz.nl

28.1 Flipz.nl has the independent authority to determine which Products are available and deliverable at which times. This right includes the right to market new(er) versions of the Product and to remove certain Products or parts thereof from the series of Products.

28.2 Flipz.nl informs the Reseller about the price it charges for the Products. This price is always exclusive of VAT and other government levies. In the event of an increase in prices as a result of a price increase by (sub) suppliers, changes in the prices of the product components, material costs, labor costs, government charges, freight costs and/or insurance costs, Flipz.nl has the right to charge the Reseller.

28.3 Flipz.nl will inform the Reseller of changes in Products and/or prices within a reasonable period of time. The Reseller is never entitled to compensation of any kind in connection with a change or termination of Products or parts thereof.

28.4 If information or advertising material is available, Flipz.nl will also make this information or advertising material available to the Reseller.

29: Orders, delivery and payment

29.1 Any order placed by the Reseller with Flipz.nl will be governed by the terms and conditions of the Agreement between the Reseller and Flipz.nl.


29.2 Flipz.nl may give the Reseller a discount if it purchases more Products. No rights can be derived from this discount. Discounts and/or offers do not automatically apply to future orders.


29.3 From the moment of delivery, the risk of damage, loss, theft and destruction of the products rests with the Reseller.


29.4 The shipping costs for the Products will be borne by the Reseller. The Reseller is not entitled to set off the amount owed by him/her to Flipz.nl. Objections to the amount of the invoice or other objections do not suspend the payment obligation of the Reseller.

30: Termination Agreement

30.1 Upon termination of the Agreement, the obligations that the Parties still had before the end of the Agreement will continue to apply in full. Upon termination of the Agreement, all Reseller’s rights and licenses to sell Products will terminate. The Reseller is then only allowed to sell the Products that he/she already has in his/her possession. Each Party shall return or destroy the other Party’s confidential information.

Information about return Flipz.nl

Only complete and return this form if you are a Consumer, wish to withdraw from the Agreement and if the Right of Withdrawal applies (see Part II of our terms and conditions).

Returns

When you as a Consumer enter into an Agreement with Flipz.nl and there is a “distance agreement”, you have the right to cancel the order up to 14 days after receipt thereof without giving any reason, provided that the seal of the product is not is broken and there is no question of a custom product. After cancellation you have another 14 days to return the product to us. You will then be credited with the full order amount including shipping costs within 14 days. Only the costs for the return shipment from your address to our office address are for your own account. If you make use of the Right of Withdrawal, the product must be returned to us with all accessories supplied and in its original condition and packaging. To exercise this right, you can contact us via info@flipz.nl. We will then refund the order amount due within 14 days after registration of your return, if the product has already been returned in good order by us. You may view and rate the product, but not break its seal and/or use the product. If the seal has been broken and/or it concerns a customized product and/or the product has been used, you can no longer make use of the Right of Withdrawal.

Identity entrepreneur (visiting and postal address)

Flipz.nl
E-mail address: info@flipz.nl
Chamber of Commerce: 70408823