TERMS AND CONDITIONS
1.1 These General and Payment Conditions apply to all with La Clé Management agreements entered into, by La Clé Management provided and all written or oral promises made by La Clé Management. General terms and conditions of the customer and/or third parties are not binding on La Clé Management and are not a critical
2. Acceptance and execution of orders
2.1 La Clé Management carries out the assignment confirmed by the customer in writing or verbally for the design of a website and/or graphic designs to the best of its ability and knowledge, whereby the interests of the customer are taken into account.
2.2 The customer is obliged to supply La Clé Management with sufficient material in accordance with Article 3 and to provide La Clé Management with sufficient cooperation so that La Clé Management is able to carry out the assignment properly.
2.3 La Clé Management has the right to return an order if there is a serious reason such as a disrupted relationship between La Clé Management and the customer or in the event of non-payment, suspension of payments, or bankruptcy of the customer.
2.4 La Clé Management is not obliged to fulfill its obligations under the agreement if fulfillment has become impossible due to force majeure. Force majeure with regard to the agreement is understood to mean everything that is understood in this regard in law and jurisprudence.
3. Delivery of material
3.1 The material supplied by the customer to La Clé Management consists of directly usable text, images, sound, and/or video images in a common file format unless otherwise agreed in writing between La Clé Management and the customer.
3.2 By supplying material to La Clé Management, the customer declares that all material supplied by the customer to La Clé Management is free from third-party rights, or that the customer has permission from the rightful claimant(s) to use the material by La Clé Management to be used when developing a website and/or graphic design.
3.3 La Clé Management is not allowed to independently make changes to the material supplied by the customer without prior permission from the customer, with the exception of changes made by La Clé Management deems necessary for the proper execution of the assignment and which do not change the essential content of the material.
4.1 All prices quoted by La Clé Management are exclusive of VAT and other levies imposed by the government unless these are expressly stated otherwise.
4.2 The customer must pay the amount owed to La Clé Management and stated on the invoice within 14 days of the invoice date by means of a deposit or transfer to the bank or giro account stated on the invoice by La Clé Management (unless otherwise agreed as when paying in installments, this will also be stated on the invoice.)
4.3 If after the expiry of the payment term and sending a second payment request no payment has been received from the customer, the rights of the customer as laid down in the agreement between La Clé Management and the customer and these General Terms and Conditions and La Clé Management will remain. both the advance paid by the customer and the rights over the website and/or the graphic work, without the obligation to transfer the website and/or graphic work to the customer or to deliver it after all.
4.4 If the payment term is exceeded, the customer owes a default interest equal to 1% per month, even without a notice of default to that effect, from the due date, unless the statutory interest is higher, in which case the statutory interest applies. The interest on the amount due and payable will be calculated from the moment the customer is in default until the moment of payment of the full amount.
4.5 From the due date, the customer also owes extrajudicial collection costs on the outstanding invoice amount.
4.6 If the other party has not fulfilled its payment obligations in time, the user is authorized to suspend the fulfillment of the obligations entered into towards the other party to deliver or to perform work until payment has been made or proper security has been provided for this.
5. Webshops and Content Managing System (CMS)
5.1 La Clé Management uses certain open source systems on the internet, as the basis for a website, and newsletter, namely: Showit, Shopify, Mailblue, Adpage.io, Facebook.com, Google.com, Instagram.com
5.2 La Clé Management is not responsible for changes, adjustments, or updates made by the above companies, with the result that data, data, and layout of the website or webshop are lost.
5.3 Other dangers arising from incorrect maintenance by the above companies, such as hacking websites or web stores, cannot be recovered from La Clé Management.
5.4 Content Managing System (CMS) means that the owner of the website can adjust or change the text and images within the content. It is also possible to create additional pages.
6. Retention of title
6.1 After full payment, the product is the property of the customer. However, this applies to the final product. Not on the source file. The source file can be copied for a fee.
7. Warranty and Liability
7.1 La Clé Management guarantees that the goods to be delivered meet the usual requirements and standards that can be set and are free of any defects. 7.2 PeggyLeenders.nl is never obliged to pay any compensation to the Buyer or others unless there is intent or gross negligence on the part of La Clé Management. La Clé Management is never liable for consequential or trading loss, indirect damage, and loss of turnover.
7.3 If La Clé Management, for whatever reason, is obliged to compensate for any damage, the compensation will never exceed an amount equal to the invoice value with regard to the product or service that caused the damage.
7.4 The customer is obliged to La Clé Management against any claim that third parties may assert against La Clé Management with regard to the agreement, insofar as the law does not preclude that the relevant damage and costs must be for the account of the customer.
8. Force Majeure
8.1 In case of force majeure, La Clé Management is not obliged to fulfill its obligations towards the customer, or the obligation is suspended for the duration of the force majeure.
8.2 Force majeure is understood to mean any circumstance beyond its control, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented. These circumstances include strikes, fire, business failures, energy failures, non-delivery or late delivery by suppliers or other third parties engaged. Force majeure also includes failures in a (telecommunications) network or connection or used communication systems and/or the unavailability of the internet site at any time.
If you have any questions, feel free to send me an email.
La Clé Management
Telefoon: +31 (0) 646100008