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Terms of Service

Terms and Conditions Costa Card

 

  1. Parties
  2. Costa Card, registered with the Chamber of Commerce under number 89262247, located at Rietschoot 48, 1511WK Oostzaan, is the user of these terms and conditions.
  3. Further details of Costa Card:

– Website: www.costa-card.com

– Email address: info@costa-card.com

– VAT identification number: NL864927563B01

  1. The Customer: the (potential) purchaser of goods and/or services offered by Costa Card.
  2. Partner(s): the third party with whom Costa Card collaborates for the goods and/or services offered to The Customer.
  1. Applicability
    1. Costa Card declares these terms and conditions applicable to every offer from Costa Card and any resulting agreements between the parties. Unless the content is changed, these terms and conditions will also apply to future contractual relationships between the parties.
    2. Deviations from these conditions apply only if explicitly agreed upon in writing by the parties.
    3. General (purchase) conditions of The Customer are expressly rejected.
    4. Third parties involved by Costa Card in the execution of the agreement may also invoke these terms and conditions.
    5. If one or more provisions (or parts thereof) of these terms and conditions are null and void or annulled, the remaining provisions of these terms and conditions will remain applicable. The parties will then consult to agree on new rules to replace the null and void or annulled provisions, aiming to reflect as closely as possible the purpose and intent of the original provisions.
  1. Offer and Agreement
    1. Every offer, whether in the form of a quotation or otherwise, is entirely and unconditionally non-binding and revocable, and is valid for 14 days unless otherwise stated in writing by Costa Card.
    2. Every offer is subject to availability.
    3. The prices stated in an offer are, unless otherwise noted, in Euros and inclusive of 21% VAT, shipping costs, and subject to levies, surcharges, and other factors.
  2. All statements by Costa Card regarding numbers, sizes, weights, and colors of goods and/or services in displayed or provided designs, drawings, images, photos, or models are merely indications. A slight deviation in the delivered item does not constitute a failure in the performance of the agreement by Costa Card.
  3. An offer does not automatically apply to repeat orders.
  4. Apparent clerical errors and mistakes in the offer are not binding on Costa Card.
  5. The agreement is concluded when:

– Order via the webshop: at the moment The Customer has correctly completed the ordering procedure on the Costa Card website and after the confirmation email of the agreement sent by Costa Card has arrived in the inbox of the email address provided by The Customer.

– Order other than via the webshop: after both parties have signed a written offer, after Costa Card has confirmed a written acceptance, or after Costa Card, or a third party on its behalf, has commenced execution.

  1. The affiliated Partner(s) regarding the goods and/or services of Costa Card is a snapshot, meaning the affiliated Partner(s) and/or the displayed actions/discounts of the delivered goods and/or services may vary in the meantime. The affiliated Partner(s) of Costa Card are merely an indication, and it is expected that The Customer will verify the affiliated Partner(s) at their own expense and risk if The Customer wishes to use the services of the affiliated Partner(s). Unless otherwise agreed, no guarantees can be provided from the outcome of the affiliated Partner(s).
  2. Costa Card is expressly not a party to an agreement concluded between The Customer and affiliated Partner(s) or (other) third parties. Disputes arising from such an agreement must be resolved by the parties themselves. Costa Card does not play any role in this.
  3. In principle, the goods and/or services delivered by Costa Card are valid from the chosen start to the end date. The Customer must contact Costa Card before the end of this period and comply with the terms and conditions applicable at that time if The Customer wishes to purchase the goods and/or services from Costa Card again.

    4. Execution
    1. The Customer shall enable Costa Card to execute the agreement. The Customer is obligated to provide the necessary cooperation for the execution of the agreement by Costa Card.
    2. Costa Card will attempt to fulfill the agreement within the indicated/estimated period. This period is not fatal, so The Customer must first issue a notice of default to Costa Card, providing a sufficient and reasonable period, before any remedy can be pursued.
    3. If Costa Card is responsible for delivery, The Customer must provide a delivery address where Costa Card can deliver the goods on the specified date. If The Customer is not present on the specified date at the time of delivery, the costs for re-delivery at another time will be borne by The Customer.
    4. Costa Card is free to have the assignment and/or delivery executed by third parties. Article 7:404 of the Dutch Civil Code is expressly excluded from the agreement.

    5. Obligations of The Customer
    1. The Customer bears the risk and responsibility for the correct and timely delivery of the necessary information and its content, regardless of how The Customer provides it. If the necessary data is not provided to Costa Card in time, Costa Card has the right to suspend the execution of the agreement.
    2. Prior to execution, The Customer must provide the agreed and necessary items and information to Costa Card, such as address and contact details. Costa Card will assess this to the best of its ability. However, Costa Card is not liable for damage resulting from work carried out based on incorrectly provided items and information by The Customer.
    3. The Customer explicitly bears the risk for damage caused by:
    4. a) Inaccuracies in the constructions and methods required by The Customer;
    5. b) Defects in the (im)movable property to which or in which the assignment is carried out;
    6. c) Defects in materials or tools provided by The Customer.
    7. The Customer guarantees that digitally provided material is safe and does not contain viruses or other harmful content that could in any way damage the computer systems or computer programs of Costa Card and/or third parties.
    8. The goods and/or services of Costa Card are personal and may expressly not be shared with or provided to third parties.
  1. Warranty and Liability1. Costa Card will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. All services of Costa Card are performed based on a best-efforts obligation.
    2. Costa Card will reasonably repair or replace any defects at no cost. If neither of these two remedies effectively resolves the defect, The Customer has the right to partially or fully terminate the agreement concerning this defect, with The Customer bearing the costs for returning the delivered goods. This applies without The Customer being entitled to any compensation.
    3. If the defect is due to an error attributable to The Customer or if The Customer has informed Costa Card about the defect too late, the right to repair, replacement, or possible termination as described in this article expires. The burden of proof that the error is not attributable to The Customer lies with The Customer.
    4. The existence of a defect does not suspend The Customer’s payment obligation.
    5. The Customer is never entitled to any remedy if the item has been used incorrectly or carelessly. The Customer is obliged to use the goods and/or services according to the intended documents, such as an instruction manual.
    6. If Costa Card is liable to The Customer, this liability is always limited to the amount covered by Costa Card’s professional or business liability insurance, but always (even if there is no insurance coverage) to the height of the possible invoice amount from which the damage originated, increased by 15%. For agreements with a term longer than six months, liability is further limited to the maximum invoice amount for the last six months prior to the damaging event.
  2. Costa Card’s liability never extends to physical injury or consequential damage and, except for intent or gross negligence, does not extend to property damage, immaterial damage, or lost profits.
  3. The Customer indemnifies Costa Card against third-party damage related to the agreement due to Costa Card acting, including omissions, based on incorrect, incomplete, or late information, data, and documents provided by The Customer or deviations from these terms and conditions.
  4. In all cases, the period within which Costa Card can be held liable for any remedy, such as compensation for damages, is limited to 12 months after delivery.

    7. Prices and Payment
    1. The offer has been established in mutual consultation. By concluding the agreement, the parties consider the prices to be reasonable and fair.
    2. Unless otherwise agreed, The Customer must pay the amount due in full prior to delivery by Costa Card. Invoices must in any case be paid within 14 days of receipt by means of a bank transfer. Costa Card is entitled to send the invoice immediately after the agreement is concluded.

8. Termination of the Agreement

1. Costa Card has the right to terminate the agreement with The Customer with immediate effect for the future through written notice without (further) prior notice of default if:
a) The Customer is granted (provisional) suspension of payments or is declared bankrupt, The Customer submits a request for a debt restructuring scheme, or The Customer is placed under guardianship or administration;
b) A right to which The Customer is entitled is seized;
c) The Customer has provided information that later turns out to be incorrect or if The Customer does not meet the conditions set by Costa Card.
2. In the event of termination of the agreement, all payments owed by The Customer to Costa Card are immediately due and payable in full.

 

9. Intellectual Property Rights and Privacy

1. Costa Card reserves the rights and powers vested in it under the Copyright Act and other intellectual property laws and regulations.
2. The trademarks, images, logos, and photos used and displayed on the website and goods of Costa Card are registered or unregistered trademarks of Costa Card or third parties and may not be used commercially without the prior permission of the holder of those trademarks.
3. The Customer is aware and agrees that Costa Card processes (personal) data of The Customer and third parties under the responsibility of The Customer. The Customer guarantees that all requirements for the lawful processing of the (personal) data, under regulations such as the GDPR, have been met for the data entered or processed by The Customer or third parties, or otherwise processed by Costa Card. The responsibility for this data lies with The Customer. The Customer guarantees to Costa Card that the data is not unlawful and does not infringe on the rights of third parties. The Customer indemnifies Costa Card against any legal action from third parties, for any reason, in connection with this data or the execution of the agreement. Costa Card will delete the personal data of The Customer if it no longer uses it.
4. The Customer may have obligations towards third parties under legislation concerning the processing of personal data (such as the GDPR), such as the obligation to provide information, as well as allowing access to, correcting, and deleting personal data of the parties involved. The responsibility for complying with these obligations rests entirely and exclusively with The Customer. Costa Card will provide cooperation to the extent technically possible and reasonably expected in complying with these obligations. The costs associated with this cooperation are not included in the agreed prices and fees of Costa Card and are entirely borne by The Customer.
5. Costa Card will delete the (personal) data of The Customer after completing the work. The Customer expressly agrees to this.

 

10. Jurisdiction, Choice of Law, and Transfer of Rights

1. Costa Card is authorized to transfer its rights and obligations under this agreement to a third party. The Customer is only authorized to transfer its rights and obligations to a third party with the written consent of Costa Card.
2. These agreements – and any other agreements concluded between the parties – are exclusively governed by Dutch law, with the explicit exclusion of the Vienna Convention on Contracts for the International Sale of Goods (CISG). Should a non-contractual obligation arise between the parties in the future, Dutch law will also apply to that obligation.
3. In the event of a dispute arising from the agreement or regarding non-contractual obligations between the parties, the court in the district where Costa Card is established has exclusive jurisdiction.

 

Article 12 Right of Withdrawal

1. Because Costa Card has begun fulfilling the delivery of goods and/or services with the express prior consent of The Customer, and The Customer has declared to waive their right of withdrawal under Article 6:230p sub g of the Dutch Civil Code, The Customer does not have a statutory cooling-off period or right of withdrawal.

 

© These terms and conditions were prepared by Bleijerveld Legal Advice www.bleijerveldjuridischadvies.nl