Email: info@praktijkboschumacher
 

Website: www.praktijkboschumacher.nl

Drafted on February 11, 2025.

Definitions

Praktijk Bo Schumacher, part of Eavoo LLC, established at 8 The Green, Suite A, 19901 City of Dover, State of Delaware, United States.
 

Client: the person with whom Praktijk Bo Schumacher has entered into an agreement.
 

Parties: Praktijk Bo Schumacher and the client together.
 

Consumer: a client who is also an individual and acts as a private person.

When visiting our website and paying for our products and services, we assume that the client has reviewed and agreed to our General Terms and Conditions, Privacy Policy, and Cancellation Policy.

Article 1 - Applicability of General Terms and Conditions

These terms and conditions apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of Praktijk Bo Schumacher.
 

The parties may only deviate from these conditions if they have expressly agreed to do so in writing.
 

The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the client or third parties.

Article 2 - Prices

All prices used by Praktijk Bo Schumacher are in euros, include VAT (if applicable), and exclude any additional costs such as administration fees, levies, and travel, shipping, or transport costs, unless expressly stated otherwise or agreed otherwise.
 

All prices that Praktijk Bo Schumacher uses for its services and products, on its website or otherwise made known, may be changed by Praktijk Bo Schumacher at any time.
 

For services provided by Praktijk Bo Schumacher, the parties agree on a total amount as a guideline price, unless the parties have expressly agreed in writing on a fixed price from which no deviation is possible.
 

Praktijk Bo Schumacher is entitled to deviate up to 10% from the guideline price.
 

If the guideline price is likely to exceed 10%, Praktijk Bo Schumacher must inform the client in a timely manner why a higher price is justified.
 

If the guideline price exceeds 10%, the client has the right to cancel the part of the assignment that exceeds the guideline price plus 10%.
 

Praktijk Bo Schumacher is entitled to adjust prices annually.
 

Prior to the effective date, Praktijk Bo Schumacher will communicate price adjustments to the client.
 

The consumer has the right to terminate the agreement with Praktijk Bo Schumacher if they do not agree with the price increase.

Article 3 - Payments and Payment Terms

Praktijk Bo Schumacher may require a down payment of up to 50% of the agreed amount upon entering into the agreement.
 

The client must settle payments within 7 days after delivery.
 

Payment terms are considered strict deadlines. This means that if the client has not paid the agreed amount by the last day of the payment term, they are automatically in default and in breach, without Praktijk Bo Schumacher needing to send a reminder or notice of default.
 

Praktijk Bo Schumacher reserves the right to make a delivery conditional upon immediate payment or to demand security for the total amount of the services or products.

Article 4 - Payments and Payment Terms

Products are paid for immediately.
 

Praktijk Bo Schumacher may require a down payment of up to 50% of the agreed amount upon entering into an agreement regarding a service.
 

The client must pay invoices within the invoice date to Praktijk Bo Schumacher, unless the parties have made other arrangements or a different payment term is stated on the invoice.
 

Payment terms are considered strict deadlines. This means that if the client has not paid the agreed amount by the last day of the payment term, they are automatically in default and in breach, without Praktijk Bo Schumacher needing to send a reminder or notice of default.
 

Praktijk Bo Schumacher reserves the right to make a delivery conditional upon immediate payment or to demand security for the total amount of the service.

Article 5 - Consequences of Late Payment

If the client does not pay within the agreed term, Praktijk Bo Schumacher is entitled to charge statutory interest of 2% per month for non-commercial transactions and statutory interest of 8% per month for commercial transactions from the day the client is in default, with a portion of a month counted as a full month.
 

When the client is in default, they also owe extrajudicial collection costs and possibly compensation to Praktijk Bo Schumacher.
 

The collection costs are calculated based on the Decree on Compensation for Extrajudicial Collection Costs.
 

If the client does not pay on time, Praktijk Bo Schumacher may suspend its obligations until the client has fulfilled their payment obligation.
 

In the event of liquidation, bankruptcy, seizure, or suspension of payment on the part of the client, Praktijk Bo Schumacher’s claims against the client are immediately due and payable.
 

If the client refuses to cooperate with the execution of the agreement by Praktijk Bo Schumacher, they are still obliged to pay the agreed price to Praktijk Bo Schumacher.

Article 6 - Right of Recovery

As soon as the client is in default, Praktijk Bo Schumacher is entitled to invoke the right of recovery with respect to unpaid products delivered to the client.
 

Praktijk Bo Schumacher invokes the right of recovery by means of a written or electronic notification.
 

As soon as the client has been informed of the invoked right of recovery, the client must immediately return the products to which this right pertains to Praktijk Bo Schumacher, unless the parties agree otherwise.
 

The costs of retrieving or returning the products are at the client’s expense.

Article 7 - Right of Withdrawal

A consumer may cancel an online purchase within a cooling-off period of 14 days without giving a reason, provided that:

• the product has not been used

• it is not a product that can spoil quickly, such as food or flowers

• it is not a product specially made or adapted for the consumer

• it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)

• the seal is still intact, in the case of data carriers with digital content (DVDs, CDs, etc.)

• the product or service does not concern accommodation, travel, restaurant services, transportation, catering assignments, or leisure activities

• the product is not a single magazine or newspaper

• it does not concern an (order for) urgent repair

• it does not concern bets and/or lotteries

• the consumer has not waived their right of withdrawal

• it does not concern a service that, with the client’s consent, is fully performed within the 14-calendar-day cooling-off period and where the client has expressly declared to waive the right of withdrawal

The 14-day cooling-off period as mentioned in paragraph 1 begins:

• on the day after the consumer has received the last product or part of one order

• as soon as the consumer has concluded the agreement for the delivery of the service

• as soon as the consumer has confirmed that they will receive digital content via the internet

The consumer can notify their exercise of the right of withdrawal via info@praktijkboschumacher.nl.
 

The consumer is obliged to return the product to Praktijk Bo Schumacher within 14 days of notifying their right of withdrawal, failing which their right of withdrawal expires.

Article 8 - Reimbursement of Delivery Costs

If the consumer exercises their right of withdrawal in a timely manner and returns the complete order to Praktijk Bo Schumacher as a result, Praktijk Bo Schumacher will refund any shipping costs paid by the consumer within 14 days of receiving the fully returned order.
 

The delivery costs are only borne by Praktijk Bo Schumacher insofar as the entire order is returned.

Article 9 - Reimbursement of Return Costs

If the consumer invokes their right of withdrawal and returns the complete order on time, the costs of returning the entire order are at the consumer’s expense.

Article 10 - Right of Suspension

Unless the client is a consumer, the client waives the right to suspend the performance of any obligation arising from this agreement.

Article 11 - Right of Retention

Praktijk Bo Schumacher may invoke its right of retention and, in that case, keep the client’s products in its possession until the client has paid all outstanding invoices to Praktijk Bo Schumacher, unless the client has provided sufficient security for those costs.
 

The right of retention also applies based on previous agreements from which the client still owes payments to Praktijk Bo Schumacher.
 

Praktijk Bo Schumacher is never liable for any damage the client may suffer as a result of exercising its right of retention.

Article 12 - Setoff

Unless the client is a consumer, the client waives their right to offset a debt to Praktijk Bo Schumacher against a claim against Praktijk Bo Schumacher.

Article 13 - Retention of Title

Praktijk Bo Schumacher remains the owner of all delivered products until the client has fully met all their payment obligations to Praktijk Bo Schumacher under any agreement concluded with Praktijk Bo Schumacher, including claims for failure to perform.
 

Until that time, Praktijk Bo Schumacher can invoke its retention of title and repossess the goods.
 

Before ownership has passed to the client, the client may not pledge, sell, dispose of, or otherwise encumber the products.
 

If Praktijk Bo Schumacher invokes its retention of title, the agreement is deemed dissolved, and Praktijk Bo Schumacher has the right to claim damages, lost profits, and interest.

Article 14 - Delivery

Delivery takes place while stocks last.
 

Delivery occurs at Praktijk Bo Schumacher, unless the parties have agreed otherwise.
 

Delivery of products ordered online takes place at the address specified by the client.
 

If the agreed amounts are not paid or not paid on time, Praktijk Bo Schumacher has the right to suspend its obligations until the agreed portion has been paid.
 

In the case of late payment, there is creditor default, meaning the client cannot hold a delayed delivery against Praktijk Bo Schumacher.

Article 15 - Delivery Time

The delivery times provided by Praktijk Bo Schumacher are indicative and do not entitle the client to dissolution or compensation in case of exceeding them, unless the parties have expressly agreed otherwise in writing.
 

The delivery time starts when the client has fully completed the (electronic) ordering process and received an (electronic) confirmation from Praktijk Bo Schumacher.
 

Exceeding the specified delivery time does not entitle the client to compensation or the right to dissolve the agreement, unless Praktijk Bo Schumacher cannot deliver within 14 days after being notified in writing or the parties have agreed otherwise.

Article 16 - Actual Delivery

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

Article 17 - Transport Costs

Transport costs are at the client’s expense, unless the parties have agreed otherwise.

Article 18 - Packaging and Shipping

If the packaging of a delivered product is opened or damaged, the client must have the forwarder or delivery person make a note of this before accepting the product, failing which Praktijk Bo Schumacher cannot be held liable for any damage.
 

If the client arranges the transport of a product themselves, they must report any visible damage to the products or packaging to Praktijk Bo Schumacher prior to transportation, failing which Praktijk Bo Schumacher cannot be held liable for any damage.

Article 19 - Insurance

The client undertakes to adequately insure and keep insured the following items against, among other things, fire, explosion, water damage, and theft:

• delivered items necessary for the execution of the underlying agreement

• items belonging to Praktijk Bo Schumacher that are present at the client’s location

• items delivered under retention of title
  At the first request of Praktijk Bo Schumacher, the client provides the insurance policy for inspection.

Article 20 - Storage

If the client takes delivery of ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the client.
 

Any additional costs resulting from early or late acceptance of products are entirely at the client’s expense.

Article 21 - Warranty

When the parties have entered into an agreement of a service nature, this contains only an obligation of effort for Praktijk Bo Schumacher and not an obligation of result.
 

The warranty regarding products applies only to defects caused by faulty manufacturing, construction, or materials.
 

The warranty does not apply in the case of normal wear and tear or damage resulting from accidents, modifications to the product, negligence, or improper use by the client, or when the cause of the defect cannot be clearly determined.
 

The risk of loss, damage, or theft of the products that are the subject of an agreement between the parties transfers to the client at the moment they are legally and/or actually delivered, or at least come under the control of the client or a third party who receives the product on behalf of the client.

Article 22 - Execution of the Agreement

Praktijk Bo Schumacher performs the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.
 

Praktijk Bo Schumacher has the right to have the agreed services (partially) performed by third parties.
 

The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the client.
 

It is the client’s responsibility to ensure that Praktijk Bo Schumacher can commence the execution of the agreement on time.
 

If the client has not ensured that Praktijk Bo Schumacher can start the execution of the agreement on time, the resulting additional costs and/or extra hours are at the client’s expense.

Article 23 - Provision of Information by the Client

The client provides all information, data, and documents relevant to the correct execution of the agreement to Praktijk Bo Schumacher in a timely manner and in the desired form and manner.
 

The client guarantees the accuracy, completeness, and reliability of the information, data, and documents provided, even if they originate from third parties, unless the nature of the agreement dictates otherwise.
 

If and insofar as the client requests it, Praktijk Bo Schumacher will return the relevant documents.
 

If the client does not provide the information, data, or documents reasonably required by Praktijk Bo Schumacher, or does not provide them on time or properly, and the execution of the agreement is delayed as a result, the resulting extra costs and extra hours are at the client’s expense.

Article 24 - Duration of the Service Agreement

The agreement between Praktijk Bo Schumacher and the client regarding a service or services is entered into for the duration of the program, unless the nature of the agreement dictates otherwise or the parties have expressly agreed otherwise in writing.
 

After the expiration of the term mentioned in paragraph 1 of this article, the agreement is tacitly converted into an agreement for an indefinite period, unless one of the parties terminates the agreement with a notice period of 2 months, or a consumer terminates the agreement with a notice period of 1 month, after which the agreement ends by operation of law.
 

If the parties have agreed on a term for the completion of certain work within the term of the agreement, this is never a strict deadline. If this term is exceeded, the client must give Praktijk Bo Schumacher written notice of default.

Article 25 - Termination of a Fixed-Term Service Agreement

The client or consumer cannot terminate an agreement regarding a service entered into for a fixed term before 1 month has passed.
 

After the minimum duration of the program has expired, the aforementioned agreement can be terminated by the client with a notice period of 1 month.
 

After the minimum duration of the program has expired, the aforementioned agreement can be terminated by a consumer with a notice period of 1 month.
 

If the agreement regarding a service has been entered into for less than 6 months, it cannot be terminated prematurely.

Article 26 - Intellectual Property

Praktijk Bo Schumacher retains all intellectual property rights (including copyright, patent rights, trademark rights, design and model rights, etc.) to all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, maquettes, etc., unless the parties have agreed otherwise in writing.
 

The client may not copy, show to third parties, make available, or otherwise use said intellectual property rights without prior written permission from Praktijk Bo Schumacher.

Article 27 - Confidentiality

The client keeps all information (in any form) received from Praktijk Bo Schumacher confidential.
 

The same applies to all other information concerning Praktijk Bo Schumacher that the client knows or reasonably suspects to be secret or confidential, or of which they can expect that its disclosure could harm Praktijk Bo Schumacher.
 

The client takes all necessary measures to ensure that they also keep the information mentioned in paragraphs 1 and 2 confidential.
 

The confidentiality obligation described in this article does not apply to information:

• that was already public before the client learned of it or that later became public without being the result of a breach of the client’s confidentiality obligation

• that is disclosed by the client pursuant to a legal obligation
  The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its termination.

Article 28 - Penalty Clause

If the other party violates the article of these general terms and conditions regarding confidentiality or intellectual property, they forfeit an immediately payable penalty for each violation in favor of the trade name.

• If the other party is a consumer, this penalty is €1,000.

• If the other party is a legal entity, this penalty is €5,000.
  In addition, the other party forfeits an amount of 5% of the amount mentioned in paragraph 1 for each day that the violation continues.
  No prior notice of default or legal proceedings are required to forfeit this penalty. There also does not need to be any form of damage.
  Forfeiting the penalty referred to in the first paragraph of this article does not affect the other rights of Praktijk Bo Schumacher, including its right to claim compensation in addition to the penalty.

Article 29 - Indemnity

The client indemnifies Praktijk Bo Schumacher against all third-party claims related to the products and/or services supplied by Praktijk Bo Schumacher.

Article 30 - Complaints

The client must examine a product delivered or service provided by Praktijk Bo Schumacher as soon as possible for any shortcomings.
 

If a delivered product or service does not meet what the client could reasonably expect from the agreement, the client must inform Praktijk Bo Schumacher of this as soon as possible, but in any case within 1 month of discovering the shortcomings.
 

Consumers must inform Praktijk Bo Schumacher within 2 months of discovering the shortcomings.
 

The client provides as detailed a description as possible of the shortcoming so that Praktijk Bo Schumacher can respond adequately.
 

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

If a complaint relates to ongoing work, this cannot, in any case, result in Praktijk Bo Schumacher being obliged to perform work other than agreed.

Article 31 - Notice of Default

The client must notify Praktijk Bo Schumacher of any notice of default in writing.
 

It is the client’s responsibility to ensure that a notice of default actually reaches Praktijk Bo Schumacher (in a timely manner).

Article 32 - Joint and Several Liability of the Client

If Praktijk Bo Schumacher enters into an agreement with multiple clients, each of them is jointly and severally liable for the full amounts they owe to Praktijk Bo Schumacher under that agreement.

Article 33 - Liability of Praktijk Bo Schumacher

Praktijk Bo Schumacher is only liable for any damage suffered by the client if and insofar as that damage is caused by intent or deliberate recklessness.
 

If Praktijk Bo Schumacher is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
 

Praktijk Bo Schumacher is never liable for indirect damage, such as consequential damage, lost profit, missed savings, or damage to third parties.
 

If Praktijk Bo Schumacher is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance policy, and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (portion of the) invoice amount to which the liability relates.
 

All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Article 34 - Limitation Period

Any right of the client to compensation from Praktijk Bo Schumacher expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Article 35 - Right to Dissolution

The client has the right to dissolve the agreement if Praktijk Bo Schumacher fails imputably in fulfilling its obligations, unless this failure, given its special nature or minor significance, does not justify dissolution.
 

If the fulfillment of the obligations by Praktijk Bo Schumacher is not permanently or temporarily impossible, dissolution can only occur after Praktijk Bo Schumacher is in default.
 

Praktijk Bo Schumacher has the right to dissolve the agreement with the client if the client does not fully or timely fulfill their obligations under the agreement, or if Praktijk Bo Schumacher becomes aware of circumstances that give it good reason to fear that the client will not be able to properly fulfill their obligations.

Article 36 - Force Majeure

In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Praktijk Bo Schumacher to fulfill any obligation toward the client cannot be attributed to Praktijk Bo Schumacher in a situation independent of the will of Praktijk Bo Schumacher, which prevents the fulfillment of its obligations toward the client wholly or partially or due to which the fulfillment of its obligations cannot reasonably be required of Praktijk Bo Schumacher.
 

The force majeure situation referred to in paragraph 1 includes, but is not limited to: states of emergency (such as civil war, uprising, riots, natural disasters, etc.); defaults and force majeure of suppliers, delivery personnel, or other third parties; unexpected power, electricity, internet, computer, and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather conditions, and work stoppages.
 

If a force majeure situation occurs that prevents Praktijk Bo Schumacher from fulfilling one or more obligations toward the client, those obligations are suspended until Praktijk Bo Schumacher can fulfill them again.
 

From the moment a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing, in whole or in part.
 

Praktijk Bo Schumacher is not liable for any (damage) compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure condition.

Article 37 - Amendment of the Agreement

If, after concluding the agreement, it becomes necessary for its execution to amend or supplement its contents, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
 

The preceding paragraph does not apply to products purchased in a physical store.

Article 38 - Amendment of General Terms and Conditions

Praktijk Bo Schumacher is entitled to amend or supplement these general terms and conditions.
 

Minor changes can be implemented at any time.
 

Praktijk Bo Schumacher will discuss significant substantive changes with the client as much as possible in advance.
 

Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.

Article 39 - Transfer of Rights

Rights of the client under an agreement between the parties cannot be transferred to third parties without the prior written consent of Praktijk Bo Schumacher.
 

This provision has the effect of a clause with property law consequences as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.

Article 40 - Consequences of Nullity or Voidability

If one or more provisions of these general terms and conditions prove to be null or voidable, this does not affect the other provisions of these terms and conditions.
 

A provision that is null or voidable will, in that case, be replaced by a provision that comes closest to what Praktijk Bo Schumacher intended when drafting the conditions on that point.

Article 41 - Applicable Law and Competent Court

Every agreement between the parties is exclusively governed by the law of the State of Delaware, USA.
 

The court in the district where Praktijk Bo Schumacher is established has exclusive jurisdiction to hear any disputes between the parties, unless the law mandatorily prescribes otherwise.