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General terms and conditions

Last updated: April 11, 2022

E-mail: info@howwetravelled.com
Website: https://howwetravelled.com

Definitions

  1. How We Travelled: How We Travelled, established in Rotterdam, Chamber of Commerce no. 85887803.
  2. Customer: the party which How We Travelled has entered into an agreement with.
  3. Parties: How We Travelled 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 How We Travelled. 
  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 How We Travelled are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
  2. How We Travelled 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 parties agree on a total price for a service provided by How We Travelled. This is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
  4. How We Travelled is entitled to deviate up to 10% of the target price. 
  5. If the target price exceeds 10%, How We Travelled must let the customer know in due time why a higher price is justified. 
  6. If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%. 
  7. How We Travelled will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
  8. The consumer has the right to terminate the contract with How We Travelled if they do not agree with the price increase.

Payments and payment term

  1. Products are immediately paid for.
  2. How We Travelled may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
  3. The customer must pay invoices of How We Travelled within 7 days, unless parties have made other agreements about this or if the invoice has a different payment term.
  4. 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 How We Travelled having to send the customer a reminder or to put him in default. 
  5. How We Travelled 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, How We Travelled is entitled to charge an interest of 2% per month for non-commercial transactions and an interest of 8% per month for commercial transactions 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, they are also due to extrajudicial collection costs and may be obliged to pay any compensation to How We Travelled. 
  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, How We Travelled may suspend its obligations until the customer has met their payment obligation. 
  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of How We Travelled on the customer are immediately due and payable. 
  6. If the customer refuses to cooperate with the performance of the agreement by How We Travelled, they are still obliged to pay the agreed price to How We Travelled. 

Right of recovery of goods 

  1. As soon as the customer is in default, How We Travelled is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
  2. How We Travelled invokes the right of recovery by means of a written or electronic announcement.
  3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to How We Travelled, unless the parties agree to make other arrangements about this. 
  4. The costs for the collection or return of the products are at the expense of the customer.

Right of withdrawal 

  1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
    • the product has not been used
    • the product is not specially tailored for the consumer or adapted to its special needs (posters and other products that are printed on demand)
    • it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
    • the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)
    • the service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity
    • the product is not a separate magazine or a loose newspaper
    • it does not concern a service that is fully performed with the consent of the customer within the 14 calendar days right of withdrawal period and the consumer has not renounced his right of withdrawal
  1. The cooling-off period of 14 days as referred to in paragraph 1 commences:
    • on the day after the consumer has received the last product or part of 1 order
    • as soon as the consumer has received the first product of a subscription
    • as soon as the consumer has purchased a service for the first time
    • as soon as the consumer has confirmed the purchase of digital content via the internet
  2. The consumer can notify their right of withdrawal via info@howwetravelled.com.
  3. The consumer is obliged to return the product to How We Travelled within 14 days after the notification of his right of withdrawal, after which period their right of withdrawal will lapse. 

Reimbursement of delivery costs

  1. If the purchase costs and any other costs (such as delivery costs) are eligible for reimbursement according to the law, How We Travelled will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to How We Travelled in time.
  2. The costs for return are only reimbursed by How We Travelled if the complete order is returned.

Reimbursement of return costs

If the consumer invokes their right of withdrawal and returns the entire order on time, the costs for returning the complete order will be borne by the consumer.   

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention 

  1. How We Travelled can appeal to their right of retention of title and in that case retain the products sold by How We Travelled to the customer until the customer has paid all outstanding invoices with regard to How We Travelled, unless the customer has provided sufficient security for these payments. 
  2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to How We Travelled.
  3. How We Travelled is never liable for any damage that the customer may suffer as a result of using their right of retention of title.

Settlement 

The customer waives their right to settle any debt to How We Travelled with any claim on How We Travelled. 

Retention of title 

  1. How We Travelled remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to How We Travelled under whatever agreement with How We Travelled including of claims regarding the shortcomings in the performance.
  2. Until then, How We Travelled can invoke its retention of title and take back the goods. 
  3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products. 
  4. If How We Travelled invokes its retention of title, the agreement will be dissolved and How We Travelled has the right to claim compensation, lost profits and interest.

Delivery 

  1. Delivery takes place while stocks last.
  2. Delivery of products ordered online takes place at the address indicated by the customer. 
  3. If the agreed price is not paid on time, How We Travelled has the right to suspend its obligations until the agreed price is fully paid. 
  4. In the event of late payment, the customer is automatically in default, and hereby they cannot object to late delivery by How We Travelled.

Delivery period

  1. Any delivery period specified by How We Travelled 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 their order from How We Travelled. 
  3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless How We Travelled cannot deliver within 14 days after the customer has urged them to do so in writing or if the parties have agreed upon otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by them can take place in time.

Transport costs 

Transport costs are paid by the customer, unless the parties have agreed upon otherwise.

Packaging and shipping 

  1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which How We Travelled may not be held liable for any damage.
  2. If the customer themselves takes care of the transport of a product, they must report any visible damage to products or the packaging prior to the transport to How We Travelled, failing which How We Travelled cannot be held liable for any damage.

Insurance

  1. The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:
    • goods delivered that are necessary for the execution of the underlying agreement
    • goods being property of How We Travelled that are present at the premises of the customer
    • goods that have been delivered under retention of title 
  2. At the first request of How We Travelled, the customer provides the policy for these insurances for inspection.

Storage 

  1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
  2. Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.

Guarantee

  1. When parties have entered into an agreement with services included, these services only contain best-effort obligations for How We Travelled, not obligations of results.
  2. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material. 
  3. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
  4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

Performance of the agreement

  1. How We Travelled executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. 
  2. How We Travelled 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 How We Travelled can start the implementation of the agreement on time.
  5. If the customer has not ensured that How We Travelled 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 How We Travelled 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, How We Travelled will return the relevant documents. 
  4. If the customer does not timely and properly provides the information, data or documents reasonably required by How We Travelled and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.

Intellectual property 

  1. How We Travelled retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all photographs, designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, scale models, etc., unless parties have agreed otherwise in writing. 
  2. The customer may not copy or have copied the intellectual property rights without prior written permission from How We Travelled, nor show them to third parties and/or make them available or use them in any other way.

Penalties 

  1. If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then they forfeit on behalf of How We Travelled an immediately due and payable fine of €1.000 if the customer is a consumer and € 5.000 if the customer is a company,for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues. 
  2. No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article. 
  3. The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of How We Travelled including its right to claim compensation in addition to the fine.

Indemnity

The customer indemnifies How We Travelled against all third-party claims that are related to the products and/or services supplied by How We Travelled. 

Complaints

  1. The customer must examine a product or service provided by How We Travelled 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 How We Travelled of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. 
  3. Consumers must inform How We Travelled of this within two months after detection of the shortcomings.
  4. The customer gives a detailed description as possible of the shortcomings, so that How We Travelled 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 to How We Travelled being forced to perform other work than has been agreed.

Giving notice

  1. The customer must provide any notice of default to How We Travelled in writing.
  2. It is the responsibility of the customer that a notice of default actually reaches How We Travelled (in time). 

Joint and several Client liabilities

If How We Travelled enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to How We Travelled under that agreement. 

Liability of How We Travelled

  1. How We Travelled is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence. 
  2. If How We Travelled is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
  3. How We Travelled is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
  4. If How We Travelled is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Every right of the customer to compensation from How We Travelled shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.

Dissolution

  1. The customer has the right to dissolve the agreement if How We Travelled imputably fails in the fulfillment of its obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance. 
  2. If the fulfillment of the obligations by How We Travelled is not permanent or temporarily impossible, dissolution can only take place after How We Travelled is in default. 
  3. How We Travelled has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill their obligations under the agreement, or if circumstances give How We Travelled good grounds to fear that the customer will not be able to fulfill their obligations properly. 

Force majeure

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of How We Travelled in the fulfillment of any obligation to the customer cannot be attributed to How We Travelled in any situation independent of the will of How We Travelled, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from How We Travelled. 
  2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 
  3. If a situation of force majeure arises as a result of which How We Travelled cannot fulfill one or more obligations towards the customer, these obligations will be suspended until How We Travelled can comply with it. 
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. 
  5. How We Travelled does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly. 

Changes in the general terms and conditions

  1. How We Travelled is entitled to amend or supplement these general terms and conditions. 
  2. Changes of minor importance can be made at any time. 
  3. Major changes in content will be discussed by How We Travelled with the customer in advance as much as possible.
  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. 

Transfer of rights

  1. The customer cannot transfer its rights deferring from an agreement with How We Travelled to third parties without the prior written consent of How We Travelled. 
  2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code. 

Consequences of nullity or annullability

  1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions. 
  2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what How We Travelled had in mind when drafting the conditions on that issue.

Applicable law and competent court

  1. Dutch law is exclusively applicable to all agreements between the parties. 
  2. The Dutch court in the district where How We Travelled is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.