GENERAL TERMS AND CONDITIONS BRICKWORKZ

Article 1. General provisions

1. These general conditions apply to all offers, agreements and all subsequent actions between Brickworkz and all its affiliates and you, our client.
2. Supplements and/or deviations from these terms and conditions are only binding if the parties have agreed to them in writing and apply exclusively to offers, quotations and (supplementary) agreements to which they apply.
3. If a provision in these general terms and conditions is not valid, the remaining provisions will continue to exist. Also, the void or voided provision(s) will be replaced by (a) valid provision(s), whereby as much as possible the purpose and meaning of the void or voided provision(s) will be observed. 
4. The provisions of the contract take precedence if they are not equal to the provisions of these general terms and conditions.

Article 2. When is there an agreement?

1. The agreement is established when, after you have placed an order, you receive a written confirmation thereof from Brickworkz.
2. You are responsible for maintaining the confidentiality and secrecy of your login information.
3. It is expressly forbidden to create an account in another person's name.
4. In carrying out its work, Brickworkz may use third parties.
5. If there is a conflict of interest in the performance of the agreement, Brickworkz may refuse to perform it.

Article 3. How does delivery work?

1. After an agreement is reached, a delivery date is set.
2. The agreement specifies the method of delivery:

• Pick up at Brickworkz: you pick up the products at the specified time. If you fail to do so, you will be given a reasonable period of 14 days to collect the products. The additional costs after this period will be at your expense.
• Transport by Brickworkz: you ensure that the storage locations are accessible unobstructed and without risk and take delivery of the products at the time they are delivered. If you do not do so, you will owe the additional costs.

3. Delivery dates are never deadlines.
4. Costs for delivery are at your expense.
5. Brickworkz does not guarantee that every item listed online is actually in stock.
6. Brickworkz has the right to provide a customized product.

Article 4. What are your obligations?

1. You inspect and check the products immediately upon receipt. If you fail to do so, Brickworkz will assume that delivery has been made in accordance with the agreement. Hereby a period of 7 days after receipt applies for visible objections, defects or faults and 7 days after discovery for invisible objections, defects or faults.
2. You may order a maximum of two pieces per unique product.
3. Products are intended for private use and not for resale.

Article 5. Retention of title

1. All products delivered by Brickworkz remain the property of Brickworkz until you have paid the full amount due.
2. You may not pledge or otherwise encumber these products and must store them as the recognizable property of Brickworkz.
3. If a third party seizes the products or wishes to attach a right to them, please notify Brickworkz as soon as possible.

Article 6. Consumer right of withdrawal

1. A consumer in the case of distance selling can dissolve the agreement within 14 days of receiving the product without giving reasons.
2. During the cooling-off period, you must handle the product and its packaging with care. You may only handle and inspect the product as you would in a store. Should the product diminish in value by the way you handle it, you will need to reimburse Brickworkz for this diminished value.
3. In any case, the following products are not subject to the right of withdrawal:
4. products created by us according to your specifications;
5. products that are clearly personal in nature;
6. products that by their nature cannot be returned;
7. products whose packaging is obviously damaged or no longer in their original packaging.

Article 7. Exercise of right of withdrawal

1. You invoke the cancellation right by notifying Brickworkz in writing or by completing the model withdrawal form. This model form can be found on the Brickworkz website.
2. You must then return the product to Brickworkz no later than 14 days from the day of revocation. This is done in the original, undamaged packaging and according to Brickworkz's instructions. Opened or damaged packaging will not be taken back. Opening the packaging means that you wish to keep the product.
3. The cost of return will be at your expense. These costs are further specified on the Brickworkz website.
4. If you have exercised your right of withdrawal and the product has been received back by Brickworkz, Brickworkz will refund your payments via the same means of payment you used.
5. If you have chosen a more expensive method of delivery than the cheapest standard delivery, Brickworkz does not have to refund the additional cost for the more expensive method.

Article 8. How do you pay for Brickworkz products/services?

1. You pay the invoice when you place an order.
2. If you do not pay, you will owe interest and extrajudicial collection costs from the due date of the invoice. In any case, the collection costs for professional parties are 15% of the principal sum with a minimum of € 150.00 and the contractual interest is 1% per month.
3. Brickworkz may change your payment terms when your financial position or payment history warrants it.
4. Do you have an objection to the invoice? Then please notify Brickworkz in writing within 14 days of the invoice date, stating the reason. If you fail to do so, the invoiced amount will be considered acknowledged.
5. A complaint does not suspend your payment obligation.
6. You may not set off debts you owe to Brickworkz against claims against Brickworkz.
7. In case of non-payment, breach of contract or any other occurrence, this at the discretion of Brickworkz, Brickworkz has the right to (temporarily) block the service.

Article 9. What are cost-increasing circumstances?

1. The amount of the costs may be affected when parties decide to change approach, method and/or scope. Additional work will be involved in that case.
2. Brickworkz has the right to increase prices if there are price developments. Think of a change in taxes, purchase prices, levies, wages, social charges, exchange rates, energy prices or other circumstances that entail a cost increase for Brickworkz. If you are a consumer and do not agree with a price change, you may within eight days of the announcement of the change dissolve the agreement in writing. In addition, Brickworkz has the right to adjust prices annually on January 1 based on the CBS consumer price index all households (2015 series = 100), from September compared to September of the previous year.

Article 10. In what cases is the agreement suspended or terminated?

1. If one of the following circumstances occurs, you will immediately be in default: bankruptcy or (provisional) suspension of payments, approval of a private agreement, receivership or debt restructuring or shutdown, liquidation or full or partial transfer of your business, death or any other occurrence, such as breach of contract and/or unlawful use of the services, as a result of which Brickworkz deems itself compelled to take measures.
2. In this case Brickworkz may immediately, without notifying you, suspend or (partially) dissolve the agreement.
3. Brickworkz may also immediately terminate the agreement if you misuse the service and/or fail to comply with the provisions of the agreement and/or these general conditions.

Article 11. When is force majeure and what are the consequences?

1. Force majeure includes war, terrorism, civil war, riots, (government measures due to) epidemic or pandemic, bad weather conditions, transportation difficulties, incapacity for work and other serious disturbances in the business of Brickworkz.
2. If the force majeure lasts longer than 60 consecutive days, you may cancel the agreement in writing. Brickworkz will then owe you no compensation.

Article 12. Intellectual property rights

1. You may not publish or reproduce Brickworkz's work unless Brickworkz gives you written permission to do so. Brickworkz holds the copyright to all works created by or on its behalf.
2. All intellectual property rights, including, but not limited to, copyright, trademark and database rights, to the information, text, graphics, logos, etc. belong to Brickworkz and/or its licensors. You may not infringe upon them.

Article 13. Confidential information and personal data

1. Parties are obliged to keep secret all confidential information received about the other party's business. This also applies to hired third parties.
2. In order to perform the agreement with you, Brickworkz processes your personal data. Brickworkz processes personal data in accordance with the AVG.
3. Personal data will not be kept longer than permitted by law or necessary for the performance of the agreement.
4. Brickworkz takes as many measures as possible to secure personal data technically and organizationally.
5. If you wish to invoke any of your rights under the AVG, this request can be made in writing at info@brickworkz.nl.  

Article 14. Who is liable for what?

1. The liability of Brickworkz from any legal basis whatsoever is always limited to the amount claimed by the liability insurance taken out by Brickworkz.
2. If for any reason no payment is made under this insurance, any liability arising from any legal basis whatsoever is limited to the invoice value of the order excluding sales tax, at least that part of the order to which the liability relates.
3. The limitations in the above paragraphs do not apply if damage is due to intentional or deliberate recklessness.
4. You are liable for the (unlawful) use by yourself or third parties of the login information and for any actions or expressions made through your account.
5. If third parties gain unauthorized access to your account, you must report this to Brickworkz immediately upon discovery. Brickworkz is not liable for any damages you may suffer as a result.
6. Brickworkz may perform or cause maintenance to be performed on network, servers, websites, applications, hosting services or other services at any time. As a result, services may be temporarily unavailable. Brickworkz cannot be held liable for any damages that may result from this.
7. Consequential damages such as business and/or stagnation damages, loss of sales and/or profits, loss of production or decrease in the value of products are excluded from compensation.
8. You shall indemnify Brickworkz against third party claims.
9. Any liability of Brickworkz lapses if you do not appeal the deficiency within one year after the cause arises.

Article 15. Modification of these terms and conditions

Brickworkz can always, without prior notice, modify the general conditions. Changes apply after written notification also with regard to existing agreements.

Article 16. Complaints and disputes.

1. Are you not satisfied with our services? We appreciate you letting us know so that we can reasonably find a solution.
2. If we cannot agree, the Overijssel District Court has exclusive jurisdiction. If you are a consumer, you may, within one month after Brickworkz has invoked this clause, opt in writing for the court competent by law to settle the dispute.

Article 17. Applicable law

All agreements, these general terms and conditions and actions arising therefrom shall be governed by Dutch law. The effect of the Vienna Sales Convention and any other international treaty is expressly excluded.