Conditions premium subscription

ARTICLE 1. | DEFINITIONS

In these general terms and conditions, the following terms, always indicated with a capital letter, are usedin the following service.

  1. Flickmyhouse: the user of these general terms and conditions, part of Truefip B.V., located at Bolstoen 12K, 1046AT in Amsterdam, registered in the Trade Register under Chamber of Commerce number 59033657.
  2. Other party: any natural or legal person with whom Flickmyhouse has concluded or intends to conclude an Agreement.
  3. Consumer: a Counterparty, natural person, not acting in the exercise of a profession or business.
  4. Subscription: the Agreement between the Parties within the framework of which the Other Party can have Shipments carried out.
  5. Purchase Agreement: an Agreement under which Flickmyhouse has committed itself towards the Other Party to supply Products sold by Flickmyhouse.
  6. Agreement: a Purchase Agreement or Subscription.
  7. Shipment: each separate package that is sent on behalf of the Other Party and under the Subscription.
  8. Products: the goods to be delivered by Flickmyhouse to the Other Party in the context of a Purchase Agreement, including digital content within the meaning of these general terms and conditions.
  9. Written: communication in writing, communication by e-mail or any other form of communication that can be equated with this in view of the state of the art and the prevailing views in society.

ARTICLE 2. | GENERALPROVISIONS

  1. These general terms and conditions apply to every offer from Flickmyhouse and every Agreement.
  2. The applicability of any general terms and conditions of the Other Party is expressly rejected.
  3. The provisions of these general terms and conditions can only be deviated from explicitly and in Writing. If and insofar as what the Parties have expressly agreed in Writing deviates from the provisions of these general terms and conditions, what the Parties have expressly agreed in Writing will apply.
  4. Annulment or nullity of one or more of the provisions of these general terms and conditions or the Agreement as such does not affect the validity of the other provisions. In such a case, the Parties are obliged to enter into mutual consultation in order to make a replacement arrangement with regard to the affected clause. In doing so, the purpose and intent of the original provision will be taken into account as much as possible.

ARTICLE 3. | OFFER AND CONCLUSION OF AGREEMENTS

  1. Any offer from Flickmyhouse to enter into an Agreement is without obligation. Flickmyhouse can still revoke its offer until immediately after it has been accepted by the Other Party.
  2. Without prejudice to the provisions of paragraph 1, entering into a Purchase Agreement is only possible if the Other Party has a current Subscription.
  3. The Other Party cannot derive any rights from an offer from Flickmyhouse that contains an obvious error or mistake.
  4. Without prejudice to the provisions of paragraph 1, each Agreement is concluded at the moment that Flickmyhouse’s offer is accepted by the Other Party in the manner designated by Flickmyhouse. Without prejudice to the provisions of paragraph 1, Flickmyhouse will confirm the conclusion of the Agreement by e-mail as soon as possible.
  5. If the Other Party concludes the Agreement on behalf of another natural or legal person, it declares that it is authorized to do so by entering into the Agreement. In addition to this (legal) person, the Other Party is jointly and severally liable for the fulfillment of the obligations under that Agreement.

ARTICLE 4. | RIGHT OF TERMINATION FOR CONSUMERS

  1. Subject to the provisions of the rest of this article, the Consumer is entitled to dissolve a Subscription up to 14 days after its conclusion, without stating reasons. In the event of a Purchase Agreement, the Consumer is entitled, subject to the provisions of the rest of this article, to dissolve the Purchase Agreement in whole or in part, up to 14 days after the Products have been received by or on behalf of him.

Subscriptions

  1. Fulfillment of the Subscription within the cooling-off period as referred to in paragraph 1 will only take place at the explicit request of the Consumer.
  2. When exercising the right of dissolution after the request as referred to in paragraph 2, the Consumer owes Flickmyhouse an amount that is proportional to that part of the obligation that Flickmyhouse has fulfilled at the time of

exercise of the right of rescission, compared to full performance of the contract. The proportional amount that the Consumer owes to Flickmyhouse is calculated on the basis of the total price as expressly agreed.

Purchase agreement

  1. The Consumer has no right of dissolution in the event of:
    1. the supply of Products manufactured according to the Consumer’s specifications which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the Consumer, or which are clearly intended for a specific person;
    2. the delivery of Products that are irrevocably mixed with other items after delivery by their nature;
    3. the supply of Products that spoil quickly or have a limited shelf life;
    4. the delivery of Products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.
    5. the supply of digital content that is not supplied on a tangible medium, provided that:
      • the fulfillment of the Agreement has started with the explicit prior consent of the Consumer; and
      • the Consumer has thereby declared to waive his right of dissolution as soon as Flickmyhouse has delivered the digital content.

The confirmation of the Agreement that Flickmyhouse provides to the Consumer also includes confirmation of the explicit prior request and any statement from the Consumer as referred to above.

    1. the delivery of Products in respect of which the right of termination is otherwise excluded or does not apply pursuant to Section 6.5.2B of the Dutch Civil Code.
  1. In the context of a Purchase Agreement, the Consumer must handle the Products concerned and their packaging with care during the term as referred to in paragraph 1. The Consumer may only handle and inspect the Products to be returned to the extent necessary to assess the nature and characteristics of the Products. The basic principle here is that the Consumer may only handle and inspect the Products as he would be allowed to do in a physical store.
  2. If the Consumer exercises the right of dissolution, he will return the Products concerned to Flickmyhouse undamaged and in the original condition and packaging.
  3. The Consumer is liable for any loss in value of the returned Products resulting from a handling of the Products that goes beyond what is permitted under paragraph 5. Flickmyhouse is entitled to charge this depreciation to the Consumer, whether or not by offsetting it with any payment already received from the Consumer.
  4. Return of the Products must take place within 14 days after the Consumer has dissolved the Purchase Agreement in accordance with the provisions of paragraph 10.
  5. If the Consumer exercises the right of dissolution, the costs of returning the Products will be borne by the Consumer.

Exercise and settlement

  1. The Consumer can exercise his right of termination by submitting a request to Flickmyhouse by e-mail or by using the model withdrawal form offered by Flickmyhouse. As soon as Flickmyhouse has been notified of the Consumer’s intention to dissolve the Agreement, Flickmyhouse will confirm the termination by e-mail as soon as possible.
  2. Flickmyhouse will refund any payment already received from the Consumer to which the termination relates, minus any depreciation and any amount as referred to in paragraph 3, to the Consumer as soon as possible, but no later than 14 days after the termination of the Agreement, provided that in the event of a Purchase Agreement, the Products have been returned by Flickmyhouse, or it has been demonstrated by the Consumer that the Products have actually been returned. If, in the context of a Purchase Agreement, the right of dissolution is only applied to part of the order, any delivery costs paid by the Consumer in the first instance are not eligible for a refund. Furthermore, Flickmyhouse is not obliged to reimburse the additional costs if the Consumer has expressly opted for a method other than the least expensive standard delivery method offered by Flickmyhouse.

ARTICLE 5. | CONTENT OF SUBSCRIPTIONS AND SHIPPING PACKAGES

  1. On the basis of a Subscription, the Other Party can have parcels sent from, for example, its holiday address. Packages must be registered through the account of the Other Party on the Flickmyhouse website, unless Flickmyhouse

deviates from this at the request of the Other Party. The Other Party must validate its account in the manner designated by Flickmyhouse.

  1. The Other Party guarantees that it provides correct and complete information that is requested when registering a Shipment.
  2. Registered packages must be provided with the shipping label printed by the Other Party and offered by Flickmyhouse during the registration process under the Other Party’s account on the website.
  3. Flickmyhouse carries out Shipments itself within the designated regions. In other cases, the Other Party selects an external carrier when registering the Shipment.
  4. Without prejudice to the provisions of the following paragraph, packages are collected at the agreed collection address or Parcelshop. The Other Party guarantees that the package can be collected from the collection address within the agreed time frame.
  5. Parcels are sent subject to availability of the transport service at the collection and delivery address specified by the Other Party. If a registered Shipment cannot be carried out, the Other Party will be notified of this no later than four hours before the intended time of collection of the Shipment. In connection with the unexpected inability to collect a Shipment, the Other Party cannot make any claims valid.
  6. Shipments to be carried out by Flickmyhouse itself will be sent insured against damage and loss if the Other Party has opted for insured shipping when registering the Shipment and the additional payment for this has been received by Flickmyhouse. In the event of transport of the Shipment by an external carrier, the Shipment is insured if and insofar as this external carrier has declared such insurance applicable to the Shipment, in which case the Shipment is insured in accordance with the insurance conditions of the relevant carrier.
  7. If a Shipment is carried out by an external carrier, Flickmyhouse is not liable for errors and shortcomings of the relevant carrier, nor for damage or loss of the Shipment. Insofar as can reasonably be expected of him, Flickmyhouse will, however, support the Other Party in case of problems with the Shipment and disputes between the Other Party and the relevant external carrier. However, Flickmyhouse only commits itself to a best efforts obligation in this regard.
  8. If Flickmyhouse or an external carrier executes a shipping order on the basis of incorrect or incomplete information provided by the Other Party or because the Other Party fails to fulfill any other obligation for sending a package, Flickmyhouse or the external carrier is entitled not to carry out the Shipment. and/or charge the resulting additional costs and/or damages to the Other Party.

ARTICLE 6. | DURATION AND CANCELLATION OF SUBSCRIPTIONS

  1. Depending on the choice of the Other Party, the Subscription is entered into for a fixed period of 12 months or for an indefinite period of time.
  2. In the event that the Subscription is entered into for a definite period of 12 months, the Subscription will be tacitly renewed for an indefinite period after the expiry of this definite period, unless the Subscription has been terminated in good time in accordance with the provisions of the following paragraph.
  3. The Subscription ends by cancellation with due observance of a notice period of one month, but not before the possible specified term has expired. In the event of termination of the Subscription by the Other Party, the Other Party must state its customer ID.

ARTICLE 7. | TERMS

All execution and delivery terms to which Flickmyhouse has committed itself to the Other Party can only be regarded as indicative, non-fatal terms. Flickmyhouse’s default will not take effect until the Other Party has given Flickmyhouse written notice of default, in which notice of default is stated a reasonable term within which Flickmyhouse can still fulfill the Agreement and the fulfillment has still not occurred after the expiry of the latter term.

ARTICLE 8. | PURCHASE AGREEMENTS: DELIVERY OF PRODUCTS

  1. Delivery of the Products takes place by delivery to the delivery address specified by the Other Party.
  2. The risk of loss and damage to the Products transfers to the Other Party at the moment that the Products have been received by or on behalf of the Other Party.
  3. If the agreed delivery period is exceeded, the Other Party is never entitled, without prejudice to the provisions of default in Article 7, to refuse to accept the Products and/or to pay the amount owed by it to Flickmyhouse under the Agreement.
  4. If the Products could not be delivered as a result of a circumstance attributable to the Other Party, Flickmyhouse is entitled to store the Products at the expense and risk of the Other Party, without prejudice to the obligation of

the Other Party to pay the amount owed by it to Flickmyhouse under the Agreement. The costs to be incurred in connection with the non-receipt by the Other Party as referred to here, such as extra delivery costs, are therefore for the account of the Other Party. The provisions of the foregoing of this paragraph do not affect the fact that the risk of loss and damage to the Products only transfers to the Consumer at the moment that the Products have been received by or on behalf of the Consumer.

ARTICLE 9. | PURCHASE AGREEMENTS: RESEARCH, COMPLAINTS AND WARRANTY

  1. At the time of delivery, or at least immediately thereafter, the Other Party must investigate whether the nature and quantity of the Products comply with the Agreement. If, in the opinion of the Other Party, the nature and/or quantity of the Products does not comply with the Agreement, it must immediately notify Flickmyhouse thereof.
  2. Complaints with regard to defects that were not reasonably visible or otherwise unknowable at the time of delivery, must be submitted in writing within five days after the Other Party has become aware of the existence of the defect, or at least could reasonably have become aware of the defect, stating of the grounds to which the complaint relates, must have been submitted to Flickmyhouse.
  3. Notwithstanding the provisions of the previous paragraphs of this article, a Consumer can no longer invoke that what has been delivered in the context of a consumer purchase does not comply with the Agreement, if not within two months after discovery of the defect by the Consumer has complained to Flickmyhouse in this regard.
  4. Even if the Other Party complains in time, its obligation to pay Flickmyhouse on time will continue to exist, except insofar as the law for the benefit of the Consumer precludes this.
  5. The guarantee on the delivered goods is limited to any guarantee expressly agreed in Writing between the Parties. A guarantee provided by Flickmyhouse, manufacturer or importer does not affect the mandatory legal rights and claims that Consumers can assert against Flickmyhouse (conformity).
  6. Without prejudice to any expressly stipulated warranty conditions, any applicable warranty will lapse, including a claim by a Consumer for non-conformity, if a defect in the delivered goods is the result of an external cause after delivery or another not attributable to Flickmyhouse. calculated circumstance. This includes, without limitation, defects after delivery as a result of damage, natural wear and tear, war damage, incorrect or injudicious use, use contrary to the instructions for use or other instructions from or on behalf of Flickmyhouse, not professionally and regularly (doing ) maintaining and making changes to the Products, including repairs that have not been carried out with the prior express written consent of Flickmyhouse.

ARTICLE 10. | FORCE OF THE MAJORITY

  1. Flickmyhouse is not obliged to fulfill any obligation under the Agreement if and for as long as it is prevented from doing so by a circumstance that cannot be attributed to it under the law, a legal act or generally accepted views. Force majeure is understood to mean any circumstance that is independent of the will of Flickmyhouse or any unforeseeable circumstance as a result of which (timely) fulfillment of the Agreement cannot reasonably be expected from Flickmyhouse. Force majeure also includes strikes, illness of personnel, pandemics, epidemics, transport difficulties, fire and government measures.
  2. Flickmyhouse behoudt zich het recht voor om zich ook op overmacht te beroepen indien de aanleiding tot de overmachtsituatie intreedt nadat de prestatie geleverd had moeten zijn.
  3. Only if the force majeure situation makes the fulfillment of the Agreement permanently impossible or continues for longer than three months, the Parties are entitled to dissolve the Agreement, without judicial intervention, with immediate effect.
  4. If Flickmyhouse has already partially fulfilled its obligations when the force majeure situation occurs, or can only partially fulfill its obligations, it is entitled to separately invoice the already performed part or executable part of the Agreement as if it were an independent Agreement.
  5. Without prejudice to the application of the previous paragraph, damage as a result of force majeure is never eligible for compensation. ARTICLE 11. | SUSPENSION AND DISSOLUTION
  6. Flickmyhouse is entitled, if the circumstances of the case reasonably justify it, to suspend the execution of the Agreement without judicial intervention or to dissolve the Agreement in whole or in part with immediate effect, if and insofar as the Other Party does not fulfill its obligations under the Agreement. , does not comply in time or not fully, or circumstances that have come to Flickmyhouse’s knowledge after the conclusion of the Agreement give good reason to fear that the Other Party will not fulfill its obligations. If the fulfillment of the obligations of the Other Party in respect of which it falls short or threatens to fall short, is not permanently impossible, the right to dissolve will only arise after the Other Party has been given written notice of default by Flickmyhouse, in which notice of default is a reasonable term. stated within which the Other Party can (still) fulfill its obligations and the fulfillment has still not occurred after the expiry of the latter term.

2. If the Other Party liquidates or transfers its business to a third party, is in bankruptcy, has applied for (provisional) suspension of payments, any attachment has been placed on its goods, as well as in the event in which the Other Party cannot otherwise freely dispose of its assets, Flickmyhouse is entitled to the Agreement, unless we already have an obligation to dissolve the Agreement with immediate effect and without judicial intervention.

  • The Other Party will never claim any form of compensation in connection with the right of suspension or termination exercised by Flickmyhouse on the basis of this article.
  • The Other Party is obliged to compensate Flickmyhouse for the damage suffered as a result of the suspension or dissolution of the Agreement.
  • If Flickmyhouse dissolves the Agreement on the basis of this article, all claims against the Other Party are immediately due and payable and Flickmyhouse, without prejudice to its other rights, is entitled to immediately retrieve any rented items.

ARTICLE 12. | PRICES, COSTS AND PAYMENTS

  1. If a Shipment is carried out by Flickmyhouse in accordance with the provisions of Article 5.4, the price of the Subscription includes the costs of five shipment orders with a package weight of up to five kilograms. In other cases, the price of the Shipment is stated before the Shipment is registered by the Other Party.
  2. All prices and costs stated by Flickmyhouse are exclusive of VAT, unless explicitly stated otherwise and on the understanding that an offer addressed to Consumers states prices and costs (also) including VAT.
  3. Flickmyhouse is authorized to demand full or partial advance payment of the agreed price and costs, on the understanding that Flickmyhouse will not oblige a Consumer in the context of a consumer purchase to pay more than half of the purchase price in advance. Subscription costs with regard to a Subscription for an indefinite period are due monthly.
  4. In the event of advance payment, the Other Party will not claim performance of the Agreement until the relevant advance payment has been paid in full.
  5. If the Other Party is in a state of bankruptcy, its company is liquidated, its goods have been seized, has applied for a (provisional) suspension of payments or is otherwise unable to freely dispose of its assets, the claims against the Other Party are immediately due and payable.
  6. Payments must be made in the manner designated by Flickmyhouse, within the term indicated by him.
  7. If timely payment is not made, the Other Party will be in default by operation of law. From the day on which the Other Party’s default occurs, the Other Party owes an interest of 2% per month on the outstanding amount, whereby part of a month is regarded as a full month. Contrary to the previous sentence, instead of the contractual interest referred to there, the statutory interest applicable at the time of the payment default applies if the Other Party is a Consumer.
  8. All reasonable costs, such as judicial, extrajudicial and execution costs incurred to obtain the amounts owed by the Other Party, will be borne by the Other Party, on the understanding that the provisions of the Collection Costs Act are not deviated from to the detriment of Consumers.

ARTICLE 13. | LIABILITY AND INDEMNITY

  1. Flickmyhouse bears no liability for damage due to incorrect or incomplete information provided by the Other Party.
  2. Flickmyhouse is never liable for indirect damage, including loss suffered, lost profit and damage as a result of business interruption. Without prejudice to the provisions of the rest of these general terms and conditions and in particular the provisions of paragraph 4 of this article, Flickmyhouse is only liable towards the Other Party for direct damage that the Other Party lijdt als gevolg van een toerekenbare tekortkoming van Flickmyhouse in de nakoming van de Overeenkomst. An attributable shortcoming must be understood to mean a shortcoming that a colleague who acts properly and carefully and should avoid, all this with due observance of standardallvigilance and the professional knowledge and resources required for the execution of the Agreement. Direct damage is exclusively understood to mean the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of this requirements, find eventuele reasonable cost created omto find flawed performance from Flickmyhouse at find Agreement to to leave reply, in front of this much this one at Flickmyhouse imputed be able to become and reasonable cost, created to prevent or limit damage, insofar as the Other Party demonstrates that these costs have led to limitation of the direct damage as referred to in this member.
  3. Flickmyhouse is not liable for damage or loss of a Shipment, other than under any insurance that the Other Party has taken out against payment for Shipments that Flickmyhouse carries out itself.

4. Should Flickmyhouse be liable for any damage despite the provisions of these general terms and conditions, this liability is limited to a maximum of the invoice value of the Agreement, at least to that part of the Agreement to which the liability of Flickmyhouse relates.

  • The limitation period for all legal claims against Flickmyhouse is one year. Notwithstanding the previous sentence, legal claims accruing to Consumers that are based on facts that would justify the statement that a consumer purchase does not comply with the Agreement, expire after two years.
  • The Other Party indemnifies Flickmyhouse against any claims from third parties who suffer damage in connection with the execution of the Agreement and the cause of which is not attributable to Flickmyhouse. If Flickmyhouse should be addressed by third parties for this reason, the Other Party is obliged to assist Flickmyhouse both in and out of court and to immediately do everything that can reasonably be expected of it in that case. If the Other Party fails to take adequate measures, Flickmyhouse is entitled to do so itself without notice of default. All costs and damage on the part of Flickmyhouse and/or third parties arising as a result, are fully for the account and risk of the Other Party.
  • In the case of a consumer purchase, the restrictions in this article do not extend beyond what is permitted under article 7:24 paragraph 2 of the Dutch Civil Code.

ARTICLE 14. | RETENTION OF TITLE IN PURCHASE AGREEMENTS

  1. All Products sold by Flickmyhouse remain its property until the Other Party has properly fulfilled all its obligations under the Agreement.
  2. The Other Party is prohibited from selling, pledging or otherwise encumbering the Products subject to retention of title.
  3. If third parties seize the Products subject to retention of title, or wish to establish or enforce rights thereon, the Other Party is obliged to inform Flickmyhouse of this as soon as possible.
  4. The Other Party gives unconditional permission to Flickmyhouse or the third parties designated to it to enter all those places where the Products subject to retention of title are located. Flickmyhouse is entitled to take back the Products referred to here in the event of default by the Other Party. All reasonable costs associated with this will be borne by the Other Party.
  5. If the Other Party has fulfilled its obligations after the Products sold have been delivered to it, the retention of title with regard to these Products will be revived if the Other Party fails to fulfill its obligations under a later Agreement.

ARTICLE 15. | GENERAL COMPLAINT POLICY

  1. Complaints with regard to the implementation of the Agreement must, without prejudice to the provisions of Article 9, be submitted to Flickmyhouse by e-mail within a reasonable time after the Other Party has fully and clearly described the grounds that gave rise to the complaint.
  2. Complaints submitted to Flickmyhouse will be answered within a period of seven days after receipt. If a complaint requires a longer processing time, an answer will be given within the period of seven days with a confirmation of receipt and an indication of when the Other Party can expect a more detailed answer.
  3. If a complaint from a Consumer cannot be resolved by mutual agreement, the Consumer can submit the dispute to the disputes committee via the ODR platform (ec.europa.eu/consumers/odr/).

ARTICLE 16. |FINAL PROVISIONS

  1. Dutch law applies exclusively to every Agreement and all legal relationships arising from it between the Other Party and Flickmyhouse.
  2. Parties shall not rather a profession to do on find right then once they an optimal to have strenuous to dispute in to be settled by mutual agreement.
  3. Insofar as the law does not necessarily deviate from this under the given circumstances of the case, only the competent court within the district of the place of business of Flickmyhouse is designated to take cognizance of any legal disputes between the Parties.
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