General terms and conditions LaCoum

E-mail: info@lacoum.nl
Website: www.lacoum.nl

Article 1 - Definitions
1. LaCoum, established in Waalwijk, Chamber of Commerce number 90961951.
2. Customer: the person with whom LaCoum has entered into an agreement.
3. Parties: LaCoum and Customer together.
4. Consumer: a Customer who is also an individual and who acts as a private person.

Article 2 - Applicability
1. These conditions apply to all quotations, offers, work, orders, agreements and
deliveries of services or products by or on behalf of LaCoum.
2. LaCoum and the Customer may only deviate from these conditions if this has been agreed in writing.
3. LaCoum and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or of others.

Article 3 - Prices
1. LaCoum uses prices in euros, including VAT and excluding any other costs such as administration or
shipping costs, unless otherwise agreed in writing.
2. LaCoum may change the prices of its services and products on its website and in other communications at any time.
3. LaCoum and the Customer agree on a total amount as a guideline price for a service provided by LaCoum, unless otherwise agreed in writing.
otherwise agreed.
4. LaCoum may deviate up to 10% from the target price.
5. LaCoum must inform the Customer in a timely manner why a higher price is justified if the target price is more than
will be 10% higher.
6. The Customer may cancel the part of the order that exceeds the target price (increased by 10%) if the
target price will be more than 10% higher.
7. LaCoum will communicate price adjustments to the Customer prior to their entry into force.
8. A consumer may cancel the agreement with LaCoum if he or she does not agree with the price increase.

Article 4 - Payments and payment terms
1. When entering into the agreement, LaCoum may request a down payment of up to 50% of the agreed amount.
2. The Customer must have made a subsequent payment within 7 days after delivery.
3. The payment terms used by LaCoum are strict deadlines. This means that if the Customer has not paid the agreed amount by the last day of the payment term, they are automatically in default, without LaCoum needing to send the Customer a reminder or give notice of default.
4. LaCoum may make a delivery dependent on immediate payment or demand security for the
total amount of the services or products.
1. The Customer pays for products immediately.
1. The Customer pays for products immediately.
2. When entering into the agreement for a service, LaCoum may request a deposit of up to 50% of the agreed amount.
3. The Customer must pay invoices to LaCoum within 7 days of the invoice date, unless otherwise agreed or a different payment term is stated on the invoice.
4. The stated payment terms are final payment terms. If the Customer has not paid the amount by the last day of the payment term, they are automatically in default, without LaCoum having to send the Customer a reminder or give notice of default.
5. LaCoum may make delivery dependent on immediate payment or demand security for the total amount of the service.

Article 5 - Right of complaint
1. If the Customer is in default, LaCoum may invoke the right of complaint with regard to the unpaid products delivered to the Customer.
2. LaCoum exercises its right to complain by means of a written or electronic notice to the Customer.
3. Once the Customer has been informed of the invoked right of complaint, the Customer must immediately return the relevant products to LaCoum, unless otherwise agreed in writing.
4. The Customer shall pay the costs of retrieving or returning the products in paragraph 3.
1. A consumer may cancel an online purchase within 14 days after purchase without giving any reason. This
the right of withdrawal does not apply when:
• the product has been used
• it is a product that can spoil quickly, such as food or flowers
• it is a product that has been tailor-made or adapted specifically for the consumer
• it is a product that cannot be returned for hygiene reasons, such as underwear and swimwear
• the seal is not intact, when it comes to data carriers with digital content such as DVDs or CDs
• the product or service concerns accommodation, travel, a restaurant business, transport, a catering order or a form of leisure activity
• the product is a loose magazine or loose newspaper
• it concerns an emergency repair
• it concerns betting or lotteries
• the consumer has waived his right of withdrawal
• it concerns a service that is fully performed within the cooling-off period with the Customer's consent and for which the Customer has expressly stated that he waives the right of withdrawal
2. The 14-day reflection period in paragraph 1 commences:
• on the day after the consumer has received the last product or part of 1 order
• as soon as the consumer has concluded an agreement for the delivery of a service
• once the consumer has confirmed that he will purchase digital content via the internet
3. The consumer can make use of their cooling-off period by sending an email with that subject to info@lacoum.nl, possibly using the withdrawal form available on the LaCoum website, www.lacoum.nl.
4. The consumer is obliged to return the product to LaCoum within 14 days after notification of his right of withdrawal, otherwise his right of withdrawal will lapse.

Article 6 - Reimbursement of delivery costs
1. If the consumer has cancelled their purchase on time and returned the entire order to LaCoum on time, LaCoum will refund any shipping costs paid by the consumer within 14 days of receiving the order that has been returned in full on time.
2. Delivery costs will only be borne by LaCoum if the entire order is returned.

Article 7 - Reimbursement of return costs
1. If the consumer exercises his right of withdrawal and returns the entire order on time, the Customer will pay the costs for this.

Article 8 - Right of suspension
1. Unless the Customer is a consumer, he hereby waives the right to suspend the fulfillment of any obligation arising from this agreement.

Article 9 - Right of retention
1. LaCoum may exercise its right of retention and in that case retain the Customer's products until the Customer has paid all outstanding invoices from LaCoum, unless the Customer has provided sufficient security for those costs.
2. The right of retention also applies on the basis of previous agreements under which the Customer still has to pay money to LaCoum.
3. LaCoum is not liable for any damage suffered by the Customer as a result of the use of its right of retention.

Article 10 - Settlement
1. Unless the Customer is a consumer, he waives his right to offset a debt to LaCoum against a claim on LaCoum.

Article 11 - Retention of title
1. LaCoum remains the owner of all delivered products until the Customer has paid all outstanding invoices from LaCoum relating to an underlying agreement, including claims arising from failure to perform the
compliance.
2. Until that time in paragraph 1, LaCoum may exercise its retention of title and take back the goods.
3. Before ownership has passed to the Customer, the Customer may not pledge, sell, alienate or otherwise encumber the products.
4. If LaCoum exercises its retention of title, the agreement will be terminated and LaCoum may claim damages, lost profits and interest from the Customer.

Article 12 - Delivery
1. Delivery will take place while stocks last.
2. Delivery takes place at LaCoum, unless otherwise agreed.
3. Delivery of products ordered online will take place at the address specified by the Customer.
4. If the Customer fails to pay the agreed amounts or fails to pay them on time, LaCoum may suspend its obligations until the Customer pays.
5. In the event of late payment, the creditor is in default, meaning that the Customer cannot object to late delivery to LaCoum.

Article 13 - Delivery time
1. LaCoum's delivery times are indicative. If delivery is delayed, the Customer cannot derive any rights from this, unless otherwise agreed in writing.
2. The delivery time commences when the Customer has fully completed the ordering process and has received confirmation from LaCoum.
3. The Customer will not receive any compensation and may not cancel the agreement if LaCoum delivers later than agreed. The Customer may, however, cancel the agreement if this has been agreed in writing or if LaCoum cannot deliver within 14 days, after receiving written notice to do so, or if the Customer and LaCoum have agreed otherwise.

Article 14 - Actual delivery
1. The Customer must ensure that the actual delivery of his ordered products can take place on time.

Article 15 - Transportation costs
1. The Customer shall pay the costs for transport, unless the Customer and LaCoum have agreed otherwise in writing.

Article 16 - Packaging and shipping
1. If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before accepting the product. If the Customer fails to do so, they cannot be held liable for any damage.
2. If the Customer arranges the transport of a product themselves, they must report any visible damage to the products or packaging to LaCoum prior to transport. If the Customer fails to do so, they cannot hold LaCoum liable for any damage.

Article 17 - Insurance
1. The Customer must adequately insure and keep insured the following items against, among other things, fire, explosion and water damage, and theft:
• delivered goods that are necessary for the performance of the underlying agreement
• LaCoum items that are present at the Customer's premises
• goods delivered under retention of title
2. The Customer shall make the policy of these insurances available for inspection at LaCoum's first request.

Article 18 - Storage
1. If the Customer receives ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.
2. Any additional costs resulting from premature or late purchase of products will be borne entirely by the customer.
Customer.

Article 19 - Warranty
1. When the Client and LaCoum have entered into an agreement with a service-providing nature, this only contains an obligation of effort on LaCoum's part and therefore not an obligation of result.
2. The warranty on products applies only to defects caused by defective manufacture or construction or defective materials.
3. The warranty does not apply:
- in case of normal wear and tear
- for damage caused by accidents
- for damage caused by changes made to the product
- for damage caused by negligence or improper use by the Customer
- when the cause of the defect cannot be clearly determined
4. The risk of loss, damage or theft of the products supplied by LaCoum passes to the Customer as soon as they are legally or actually delivered, or at least come into the possession of the Customer or a third party who receives the product for the Customer.

Article 20 - Execution of the agreement
1. LaCoum will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. LaCoum may have the agreed services performed in whole or in part by others.
3. The agreement will be implemented in consultation and after written agreement and payment of any advance payment by the Customer.
4. The Customer must ensure that LaCoum can commence the execution of the agreement on time.
5. If the Customer does not ensure that LaCoum can start on time, any additional costs resulting from this will be borne by the Customer.

Article 21 - Provision of information by the Customer
1. The Client shall make all information, data and documents relevant to the correct performance of the agreement available to LaCoum in a timely manner and in the desired form and manner.
2. The Client guarantees the accuracy and completeness of the information, data and documents provided, even if these originate from third parties, unless otherwise follows from the nature of the agreement.
3. When and to the extent the Customer requests this, LaCoum will return the relevant documents.
4. If the Client fails to provide the information, data or documents reasonably requested by LaCoum, fails to provide them in a timely manner or fails to provide them properly, and the performance of the agreement is delayed as a result, the resulting additional costs and additional hours will be charged to the Client.

Article 22 - Indemnification
1. The Customer indemnifies LaCoum against all claims from others relating to the products and/or services supplied by LaCoum.

Article 23 - Complaints
1. The Customer must examine a product or service supplied by LaCoum as soon as possible for any deficiencies.
2. If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must inform LaCoum thereof within 1 month of discovering the shortcoming.
3. A consumer must inform LaCoum of the defect within 2 months of discovering it.
4. The Customer must provide as detailed a description as possible of the deficiency so that LaCoum can respond appropriately.
5. The Customer must demonstrate that the complaint relates to an agreement between the Customer and LaCoum.
6. If a complaint concerns ongoing work, the Customer cannot demand that LaCoum perform other work than what was agreed.

Article 24 - Notice of Default
1. The Customer must notify LaCoum in writing of any notice of default.
2. The Customer is responsible for ensuring that his notice of default actually reaches LaCoum on time.

Article 25 - Customer Liability
1. When LaCoum enters into an agreement with multiple Customers, each of them is jointly and severally liable for complying with the agreements in that agreement.

Article 26 - Liability of LaCoum
1. LaCoum is only liable for damage suffered by the Customer if that damage is caused by intent or deliberate recklessness.
2. If LaCoum is liable for damages, this only applies to direct damages related to the performance of an underlying agreement.
3. LaCoum is not liable for indirect damage, such as consequential damage, lost profits or damage to third parties.
4. If LaCoum is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance. If no insurance is taken out or no amount of damages is claimed,
paid out, then liability is limited to the (part of the) invoice amount to which the liability relates.
5. All images, photos, colours, drawings, descriptions on the website or in a catalogue are for indicative purposes only and cannot lead to any compensation, cancellation or suspension.

Article 27 - Expiration Period
1. Any right of the Customer to compensation from LaCoum expires 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 28 - Dissolution
1. The Customer may cancel the agreement if LaCoum is culpably in breach of its obligations, unless this breach does not justify termination due to its special nature or minor significance.
2. If LaCoum is still able to fulfil its obligations, dissolution can only take place after LaCoum is in default.
3. LaCoum may cancel the agreement with the Customer if the Customer does not fulfil his obligations under the agreement in full or in a timely manner, or if LaCoum has become aware of circumstances that give it good reason to assume that the Customer will not fulfil his obligations.

Article 29 - Force Majeure

1. In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of LaCoum cannot be held against LaCoum by the Customer.
attributed in the event of force majeure.
2. The force majeure situation in paragraph 1 also includes:
- an emergency such as a civil war or natural disaster
- default or force majeure of suppliers, delivery personnel or others
- power, electricity, internet, computer or telecom outages
- computer viruses
- strikes
- government measures
- transportation problems
- bad weather conditions
- work stoppages
3. If a force majeure situation occurs as a result of which LaCoum cannot fulfil one or more obligations to the Customer,
then those obligations will be suspended until LaCoum can comply.
4. From the moment that a force majeure situation has lasted for at least 30 calendar days, both the Customer and LaCoum may cancel the agreement in writing in whole or in part.
5. In the event of force majeure, LaCoum.nl is not obliged to pay any compensation to the Customer, even if LaCoum benefits from this.

Article 30 - Amendment of the agreement
1. If it is necessary to amend a concluded agreement for its implementation, the Customer and LaCoum may amend the agreement.

Article 31 - Amendment of general terms and conditions
1. LaCoum may amend these terms and conditions.
2. LaCoum may always implement changes of minor importance.
3. LaCoum will discuss major changes with the Customer in advance as much as possible.
4. A consumer may terminate the underlying agreement in the event of a major change to the general terms and conditions.

Article 32 - Transfer of rights
1. The Customer may not transfer any rights arising from an agreement with LaCoum to others without the written consent of LaCoum.
2. This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 of the Dutch Civil Code.

Article 33 - Consequences of nullity or voidability
1. If one or more provisions of these general terms and conditions prove to be null and void or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is null and void or voidable will in that case be replaced by a provision that comes closest to what LaCoum had in mind when drawing up the conditions on that point.

Article 34 - Applicable law and competent court
1. Dutch law applies to these general terms and conditions and any underlying agreement between the Customer and LaCoum.
2. The court in the district where LaCoum has its registered office has exclusive jurisdiction to hear
any disputes between the Customer and LaCoum, unless the law provides otherwise.

Created on March 1, 2024