Terms of service

General Terms of Service and Conditions

  1. Obligations of The Customer
    1. The Customer assumes 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 a timely manner, Costa Card has the right to suspend the execution of the agreement.
    2. Prior to execution, The Customer must provide Costa Card with the agreed and necessary items and information, such as address and contact details. Costa Card will evaluate these to the best of its knowledge. However, Costa Card is not liable for damages resulting from work performed promptly based on incorrectly provided items and information by The Customer.
    3. The Customer expressly assumes the risk for damages caused by: a) Inaccuracies in the constructions and methods desired by The Customer; b) Defects in/by the real or personal property to which or in which the assignment is carried out; c) Defects in materials or tools provided by The Customer.
    4. The Customer ensures that digitally provided material is secure and does not contain viruses or other harmful content that could damage the computer systems, programs of Costa Card, and/or third parties in any way.
    5. The goods and/or services of Costa Card are personal and expressly may not be shared with third parties and/or made available for use by third parties.
  2. Warranty and Liability
    1. Costa Card will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship. All services of Costa Card are performed on a best efforts basis.
    2. Costa Card will rectify or replace any defects at its discretion and at no cost to The Customer. If neither of the two remedies described above proves effective in effectively remedying the defect, The Customer has the right to (partially) dissolve the agreement with regard to this defect, with The Customer bearing the costs for returning the delivered item. The foregoing applies without The Customer being entitled to any compensation.
    3. If the defect arises from an error attributable to The Customer or if The Customer has informed Costa Card about the defect too late, The Customer’s right to repair, replacement, or any dissolution as described in this article is forfeited. 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 negligently. The Customer is obligated to use the goods and/or services in accordance with the documents provided, such as an instruction manual.
    6. If Costa Card is liable towards The Customer, this liability is at all times limited to the amount covered by Costa Card’s professional or business liability insurance, but at all times (even if there is no insurance to which a claim can be made) to the amount of the invoice amount from which the damage arose plus 15%. For agreements with a duration longer than six months, the liability mentioned here is limited to a maximum of the invoice amount over the last six months preceding the damaging event.
    7. Costa Card’s liability never extends to bodily injury or consequential damages and, except for intent or gross negligence, likewise not to property damage, immaterial damage, or loss of profit.
    8. The Customer indemnifies Costa Card for any damages incurred by third parties in connection with the agreement, arising from actions or omissions of Costa Card, including negligence, based on incorrect, incomplete, or late information, data, and documents provided by The Customer or in deviation from these general terms and conditions.
    9. 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.
  3. Prices and Payment
    1. The offer has been made after careful consideration. By entering into the agreement, the parties consider the prices fair and reasonable.
    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 after receipt of the invoice by means of bank transfer. Costa Card is entitled to send the invoice immediately after the conclusion of the agreement.
  4. Termination of the Agreement
    1. Costa Card has the right to terminate the agreement with The Customer immediately for the future by means of written notice without (further) prior notice of default if: a) Suspension of payment (whether provisional or not) is granted to The Customer or The Customer is declared bankrupt, The Customer files a request for application of a debt rescheduling arrangement, or The Customer is placed under guardianship or trusteeship; b) A right belonging to The Customer is seized; c) The Customer has provided information that later proves to be incorrect at a later date or that The Customer does not meet the conditions set by Costa Card.
    2. In the event of termination of the agreement, all payments due by The Customer to Costa Card become immediately and fully due and payable.
  5. Intellectual Property Rights and Privacy
    1. Costa Card reserves the rights and powers accruing to 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 consent of the holder of those trademarks.
    3. The Customer is aware of and agrees that Costa Card, under the responsibility of The Customer, processes (personal) data of The Customer and third parties. The Customer guarantees that all requirements for lawful processing of the (personal) data have been met, based on, for example, the GDPR, introduced 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 warrants to Costa Card that the data is not unlawful and does not infringe the rights of third parties. The Customer indemnifies Costa Card from any third-party claims, regardless of their nature, 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 to third parties under legislation concerning the processing of personal data (such as the GDPR), such as the obligation to provide information, as well as to provide access to, correct, and delete personal data of data subjects. The responsibility for compliance with these obligations lies entirely and exclusively with The Customer. Costa Card will provide cooperation to the extent technically possible and reasonably expected of it, and the costs associated with this cooperation are not included in Costa Card’s agreed prices and fees and are fully borne by The Customer.
    5. After completion of the work, Costa Card will delete the (personal) data of The Customer. The Customer expressly agrees to this.
  6. Jurisdiction, Choice of Law, and Assignment of Rights
  7. Costa Card is entitled 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.
  8. Only Dutch law applies to this – and other agreements concluded between the parties – with explicit exception of the Vienna Sales Convention. If, in the future, a commitment arises between the parties that is not covered by the agreement, it will be interpreted in accordance with Dutch law.
  9. Amendment and Explanation of the General Terms and Conditions
  10. These general terms and conditions may only be amended by Costa Card. Amendments also apply to existing agreements. Costa Card will announce the amendment to the general terms and conditions at least 30 days before the amendment takes effect.
  11. If The Customer does not wish to accept an amendment, The Customer can terminate the agreement with effect from the date on which the amended terms and conditions would take effect. The Customer must inform Costa Card of this in writing within 30 days after the announcement of the amendment.
  12. Final Provisions
  13. Insofar as not otherwise provided by mandatory legal provisions, only the competent court in the district where Costa Card is established has jurisdiction to take cognizance of disputes between parties.
  14. The version of the general terms and conditions that was applicable at the time of the conclusion of the agreement between the parties applies to this agreement.
  15. The Dutch text of the general terms and conditions is always decisive for the interpretation thereof.

Article 12 Right of Withdrawal

Because Costa Card has commenced the performance of the goods and/or services to be delivered with the express prior consent of The Customer, and The Customer has declared that he thereby waives his right of withdrawal pursuant to Article 6:230p sub g BW, The Customer does not have a statutory cooling-off period or right of withdrawal.

 

These general terms and conditions were drafted by Bleijerveld Legal Advice.