Terms and Conditions Yiruma B.V.

Terms and conditions of: Yiruma B.V., Van Nesstraat 17, 2024 DK Haarlem. Registration number Chamber of Commerce: 96848383 Article 1: Applicability, definitions
  1. These general terms and conditions apply to every offer and every contract for work relating to, among other things, the construction/renovation of prefabricated homes and accommodation and related work and assignments, and to all (related or unrelated) contracts for the purchase and sale of Yiruma B.V., established in Amsterdam, hereinafter referred to as “Yiruma BV”.
  2. The client or purchaser is hereinafter referred to as “the other party”.
  3. Various provisions in these general terms and conditions refer to a natural person acting outside his business or professional activity. In these provisions, the other party is referred to as “the consumer”.
  4. The term “offer” refers to any offer made by YIRUMA BV, whether or not in the form of a written quotation.
  5. “In writing” means by letter, e-mail, WhatsApp or any other means of communication that, in view of the state of technology and accepted standards of social interaction, can be equated with this.
  6. The term “documents” refers to drawings, designs, calculations, etc. produced or provided by YIRUMA BV and/or the other party. These may be physical or digital documents.
  7. The term “information” refers to both the aforementioned documents and other (verbal) information that YIRUMA BV and/or the other party is required to provide.
  8. The term “goods” refers to all goods to be delivered separately by YIRUMA BV to the other party, as well as the goods and (construction) materials to be used/required and delivered in the execution of an order.
  9. The possible non-applicability of (part of) a provision of these general terms and conditions does not affect the applicability of the other provisions.
  10. In the event of any discrepancy or conflict between these general terms and conditions and a translation thereof, the Dutch text shall prevail.
  11. These general terms and conditions also apply to follow-up or partial assignments, subsequent or partial orders arising from the agreement.
  Article 2: Offer
  1. Unless a period of validity is stated in/with an offer, this is a non-binding offer. YIRUMA BV may revoke this offer within 2 working days of receiving the acceptance.
  2. A composite offer does not oblige YIRUMA BV to deliver part of the offered service/goods at a corresponding part of the price or rate.
  3. If the offer is based on information provided by the other party and this information proves to be incorrect/incomplete or changes subsequently, YIRUMA BV may adjust the prices, rates and/or delivery times stated.
  4. The offer, prices and/or rates do not automatically apply to future orders/follow-up orders or repeat orders.
  5. Models and examples shown, as well as specifications of dimensions, weights, materials, colours and other descriptions in brochures, promotional material and/or on the website of YIRUMA BV are as accurate as possible, but are for illustrative purposes only. The other party cannot derive any rights from this.
  6. YIRUMA BV may charge the other party for the costs incurred in connection with the offer if it has notified the other party of these costs in writing in advance.
  7. If the other party does not accept an offer, it shall return all documents supplied with this offer to YIRUMA BV upon first request.
    Article 3: Formation of agreements
  1. The agreement is concluded after the other party has accepted the offer made by YIRUMA BV, even if this acceptance deviates from this offer on minor points. However, if this acceptance deviates on essential points, the agreement will only be concluded after YIRUMA BV has agreed to these deviations in writing.
  2. YIRUMA BV is only bound by: a. an assignment or order without a prior offer; b. verbal agreements; c. additions to or amendments of the general terms and conditions or agreement; after written confirmation of this to the other party or as soon as YIRUMA BV – without objection from the other party – has commenced the execution of the assignment, order or agreements.
  Article 4: Remuneration, prices, rates
  1. Unless the parties agree on an hourly rate, YIRUMA BV will perform the agreed service for a fixed fee.
  2. YIRUMA BV may increase this fixed fee if, during the performance of the agreement, it becomes apparent that the agreed/expected amount of work was not correctly estimated, this estimation error is not attributable to YIRUMA BV and it cannot reasonably be expected to perform the work for the agreed fee.
  3. If the parties agree on an hourly rate, YIRUMA BV will calculate the fee based on the number of hours worked, applying this hourly rate. In the event of disputes about the number of hours worked/charged, YIRUMA BV's time registration will be binding, unless the other party can provide evidence to the contrary.
  4. The hourly rates apply to normal working days, which are defined as Monday to Friday (excluding recognised national holidays) from 7 a.m. to 6 p.m.
  5. The prices and rates stated in an offer, price list or rate list are exclusive of VAT and any costs, such as transport costs, administration costs, costs for applying for (transport) permits/exemptions, costs for submitting a KLIC excavation notification to the Land Registry under the Underground Networks Information Exchange Act (WION) and invoices from third parties engaged, unless expressly stated otherwise.
  6. a. If, between the conclusion and the performance of the agreement, circumstances arise that increase the (cost) price for YIRUMA BV due to changes in legislation and regulations, government measures, currency fluctuations or changes in the prices of the items required for the work, YIRUMA BV may increase the agreed prices and rates accordingly and charge these to the other party.
  7. In the event of price or tariff increases within three months of the conclusion of the agreement, the consumer may terminate the agreement by means of a written statement. Unless the consumer indicates within 14 days of notification of the price or rate change that they wish to exercise their right of termination, YIRUMA BV may assume that the consumer has agreed to this change.
  Article 5: Engagement of third parties If YIRUMA BV deems it necessary, it may have certain work and deliveries carried out by third parties.   Article 6: Obligations of the other party
  1. The other party shall ensure that:
  2. he will provide YIRUMA BV with all information necessary for the performance of the agreement (including permits, exemptions, decisions, etc. obtained by himself) in a timely manner and in the manner desired by YIRUMA BV;
  3. YIRUMA BV – when carrying out work on site – has access to this work location on the agreed dates and times. This location must comply with the applicable legal (safety) requirements;
  4. the third parties engaged by him perform their work and deliveries in such a way that YIRUMA BV is not hindered by this and does not experience any delay in the performance of the agreement;
  5. the work site is in such a condition that YIRUMA BV can carry out and continue the work without hindrance;
  6. YIRUMA BV is given sufficient time to arrange for the delivery, storage and/or removal of the necessary/to be delivered items and resources;
  7. YIRUMA BV has free access to the necessary connections for electricity, gas, and water at the work location. Lost working hours due to water, gas, or power outages are at the expense of the other party;
  8. YIRUMA BV is informed prior to commencement of the work of the location of (own and in-house) cables, pipes, etc. that are not covered by the WION;
  9. he shall immediately inform YIRUMA BV if the location of cables, pipes, etc. that are covered by the WION has changed or may differ from the information known to the Land Registry;
  10. he has insured the object to be delivered as soon as the object has been placed on the agreed plot/in his garden. Insurance policies taken out by YIRUMA BV/the carrier will lapse at that moment. All consequences of not insuring or insuring later are therefore at the risk of the other party.
  11. The other party shall ensure that the information provided is accurate and complete and shall indemnify YIRUMA BV against any claims from third parties arising from the inaccuracy and/or incompleteness of this information.
  12. YIRUMA BV will treat the information provided by the other party as confidential and will only disclose it to third parties to the extent necessary for the performance of the agreement.
  13. The other party permits YIRUMA BV to display name signs and advertising at the work location or on the work free of charge.
  14. If the other party fails to fulfil the aforementioned obligations (in a timely manner), YIRUMA BV may suspend the execution of the agreement until the other party has fulfilled its obligations. The costs and other consequences arising from this shall be borne by and at the risk of the other party.
  15. If the other party fails to fulfil its obligations and YIRUMA BV does not immediately demand fulfilment, this does not affect YIRUMA BV's right to demand fulfilment at a later date.
  Article 7: Delivery, delivery times
  1. Agreed deadlines are never strict deadlines. If YIRUMA BV fails to fulfil its obligations (on time), the other party must give it written notice of default and grant it a reasonable period of time to still fulfil its obligations.
  2. YIRUMA BV may perform the agreement in parts and invoice each partial delivery or performance separately.
  3. The risk for the goods to be delivered shall pass to the other party at the moment they arrive at the work location/placement location or are otherwise actually available to the other party. The transport costs shall be borne by the other party.
  4. If, due to a cause within the sphere of risk of the other party, it proves impossible to deliver the agreed performance or ordered goods (in the agreed manner) to the other party or if these are not collected, YIRUMA BV may store these goods and/or the goods purchased for the performance of the agreement at the expense and risk of the other party. The other party shall then enable YIRUMA BV to deliver the service or goods within a reasonable period set by YIRUMA BV or shall collect these goods.
  5. If the other party fails to fulfil its obligations after the aforementioned reasonable period, it will be in default immediately. YIRUMA BV may then terminate the agreement in whole or in part with immediate effect by means of a written statement, sell the goods to third parties and destroy any documents already produced without being obliged to pay compensation for damage, costs and interest. This does not affect the other party's obligation to compensate YIRUMA BV for any (storage) costs, damage and loss of profit and/or YIRUMA BV's right to demand performance.
  Article 8: Transport of the object: permit/exemption, transport date
  1. If the parties agree that YIRUMA BV – with or without the involvement of a third party – will apply for/arrange the permit/exemption required for transport, the following provisions shall apply.
  2. YIRUMA BV expressly draws the other party's attention to the following:
  3. The date of issue/the period involved in issuing the permit/exemption depends, among other things, on the dimensions of the object to be transported, the region in which the transport is to take place and whether or not the competent road authority imposes additional requirements with regard to the transport.;
  4. the intended transport date is partly dependent on the availability of any mandatory transport escorts;
  5. Despite the granting of the permit/exemption, width restrictions may still apply to the transport, for example due to urgent road works on the intended/planned transport date.
  6. In view of the above, YIRUMA BV does not give any guarantees regarding the date of issue of a requested permit/exemption or the ability to realise a planned transport date. YIRUMA BV is not liable for any delays that may occur in this regard, nor for any damage that may result from this for the other party.
  Article 9: Progress, performance of the agreement
  1. If the commencement, progress or completion of the work or the agreed delivery of goods is delayed due to:
  2. YIRUMA BV has not received all necessary information from the other party in a timely manner;
  3. YIRUMA BV has not received the agreed (advance) payment from the other party in a timely manner;
  4. there are other circumstances that are at the expense and risk of the other party; YIRUMA BV is entitled to a reasonable extension of the delivery period and to compensation for the costs and damage involved, such as any waiting hours.
  5. If the agreement is implemented in phases, YIRUMA BV may suspend the implementation of the parts belonging to a subsequent phase until the other party has approved the results of the previous phase. The resulting costs and damage shall be borne by the other party.
  6. YIRUMA BV shall endeavour to complete the agreed work and deliveries within the agreed and planned time, insofar as this can reasonably be expected of it. If the performance of the agreement is expedited at the request of the other party, YIRUMA BV may charge the other party for the overtime hours and other costs involved.
  7. YIRUMA BV shall perform the work properly, soundly and in accordance with the provisions of the agreement in such a way that damage to persons, property or the environment is limited as much as possible.
  8. YIRUMA BV shall draw the other party's attention to any imperfections, errors, etc. in the documents provided by or on behalf of the other party:
  9. documents provided;
  10. prescribed structures, working methods, etc.;
  11. instructions provided. insofar as these imperfections, errors, defects, etc. are relevant to the performance of YIRUMA BV and it is or may be aware of them.
  12. YIRUMA BV is deemed to be familiar with the relevant legal regulations and government decisions. The costs associated with compliance with these regulations and decisions shall be borne by the other party.
  13. In carrying out the agreed work, YIRUMA BV will only use materials/items purchased by itself. If the other party wishes to have other materials/items processed/installed, for example in a new building, this can be done in consultation with YIRUMA BV. However, the other party will then be responsible for the purchase and processing/installation of those materials/items.
  14. YIRUMA BV shall inform the other party of the consequences for agreed prices, rates and terms:
  15. in the event of changes to the agreed work requested by the other party;
  16. if, during the performance of the agreement, it appears that it cannot be performed in the agreed manner due to unforeseen circumstances. In this case, YIRUMA BV will first consult with the other party about the modified performance. If performance has become impossible, YIRUMA BV is in any case entitled to full compensation for the work already performed and deliveries already made.
  17. Additional and reduced work shall be agreed in writing between YIRUMA BV and the other party. Additional work is understood to mean: all extra work and deliveries requested by the other party or necessarily arising from the work that are not included in the offer or the assignment. YIRUMA BV may charge the costs involved separately to the other party.
  18. The other party shall carefully check every draft document submitted to it by YIRUMA BV and shall notify YIRUMA BV of its response as soon as possible. If necessary, YIRUMA BV shall amend the draft and resubmit it for approval. YIRUMA BV may require the other party to initial each page of the final version for approval or to sign a written statement of approval. The other party may only use the documents produced after the aforementioned approval has been given.
  19. If YIRUMA BV has to amend documents that have already been approved, this will be considered additional work and YIRUMA BV may charge the resulting additional costs to the other party.
  Article 10: Completion, approval and maintenance period
  1. Once the agreed work has been completed, YIRUMA BV will inform the other party accordingly.
  2. The work and the goods delivered in connection with it have been delivered in accordance with the agreement at the moment that the other party has checked them and signed the delivery note or work order for approval.
  3. The work/case shall be deemed to have been approved if:
  4. the other party does not return a completed delivery note or work order to YIRUMA BV within two weeks and has not lodged a complaint within this period;
  5. YIRUMA BV has not provided a delivery note or work order and the other party has not lodged a complaint within two weeks of completion of the work;
  6. the item delivered in connection with the work has already been put into use by the other party before the expiry of the aforementioned period.
  7. Work not yet performed/not yet completed by third parties engaged by or on behalf of the other party, which affects the proper use of the item delivered in connection with the work/the item on which the work was performed, does not constitute grounds for withholding approval of the work completed by YIRUMA BV.
  8. Minor defects that can be easily repaired within a maintenance period agreed between the parties are not grounds for withholding approval, provided that these defects do not prevent commissioning. In the absence of an agreed period, a maintenance period of 30 days after delivery applies. YIRUMA BV will repair any minor defects found within this maintenance period.
  9. If, after completion or the maintenance period, the other party still finds defects, imperfections, etc., the provisions of the complaints article shall apply.
  Article 11: Complaints
  1. The other party shall inspect the delivered goods immediately upon receipt and note any visible defects, faults, damage and/or discrepancies in numbers and/or other non-conformities on the consignment note or accompanying receipt or, failing that, report them in writing to YIRUMA BV within two working days. If such complaints are not reported in a timely manner, the goods shall be deemed to have been received in good condition and to comply with the agreement.
  2. The other party shall report any other complaints about the delivered goods to YIRUMA BV in writing immediately after discovery, but no later than within the agreed warranty period. All consequences of not reporting immediately are at the risk of the other party. If no warranty period has been agreed, a period of 1 year after delivery applies.
  3. Complaints about work performed must be reported by the other party to YIRUMA BV in writing immediately after discovery, but no later than within a (warranty) period set by YIRUMA BV after delivery. All consequences of failure to report immediately are at the risk of the other party. If no (warranty) period has been agreed, a (warranty) period of 3 months shall apply. If such complaints are not reported in time, the work shall be deemed to have been performed in accordance with the agreement.
  4. In the absence of a timely complaint, no appeal can be made to an agreed guarantee.
  5. If the items required for the agreed work can only be supplied in (wholesale) packaging or minimum quantities/numbers available from the supplier, the items may show minor deviations – accepted in the industry – in terms of specified dimensions, weights, colours, etc. These deviations do not constitute a shortcoming on the part of YIRUMA BV and cannot be invoked under the guarantee.
  6. Complaints do not suspend the other party's payment obligation.
  7. The previous paragraph does not apply to consumers.
  8. The other party shall enable YIRUMA BV to investigate the complaint and shall provide all relevant information for this purpose. If the investigation requires the goods to be returned or if YIRUMA BV has to investigate the complaint on site, this shall be at the expense of the other party, unless the complaint subsequently proves to be justified. The transport risk during shipment shall always be borne by the other party.
  9. Returns shall be made in a manner determined by YIRUMA BV and in the original packaging or wrapping.
  10. No complaints are possible about:
  11. imperfections or characteristics of items made from natural materials, if these imperfections or characteristics are inherent to the nature of the materials;
  12. minor colour variations between items;
  13. items that have changed in nature and/or composition after receipt by the other party, or have been processed or treated in whole or in part.
  Article 12: Warranties
  1. YIRUMA BV shall perform the agreed deliveries and work properly and in accordance with the standards applicable in its sector, but shall never give any guarantee beyond what has been expressly agreed.
  2. During the warranty period, YIRUMA BV guarantees the usual quality and reliability of the delivered goods.
  3. Unless otherwise agreed by the parties, the following warranties and warranty periods apply to new-build properties:
  4. a 5-year warranty after delivery covering the shell and the building structure, including the roof;
  5. in addition to the casco warranty mentioned under a, a product warranty of 2 years after delivery applies to the exterior cladding (depending on the type of exterior cladding);
  6. Kitchen appliances, central heating and/or heaters are covered by the warranties issued by their manufacturers. Upon request, YIRUMA BV will provide the other party with further information about these warranties.;
  7. a two-year warranty after delivery on the manufacture of window frames and moving parts;
  8. a one-year warranty on locks and hinges after delivery;
  9. a one-year warranty after delivery on ventilation grilles and air ducts;
  10. a 5-year warranty on insulating glass after delivery.
  11. a two-year warranty after delivery on sealing and glazing rubbers.
  12. When using the items required for the performance of the work, YIRUMA BV relies on the information provided by the manufacturer or supplier about their properties. If a warranty has been issued by the manufacturer or supplier, that warranty applies in the same way between the parties. Upon request, YIRUMA BV will inform the other party about this.
  13. If the purpose for which the other party wishes to process or use the goods to be delivered differs from the usual purpose, YIRUMA BV only guarantees that the goods are suitable for this purpose if it has confirmed this in writing to the other party.
  14. No claim under the guarantee is possible as long as the other party has not yet paid the agreed price/remuneration for the goods and/or work.
  15. The previous paragraph does not apply to consumers.
  16. In the event of a justified claim under the warranty, YIRUMA BV will, at its discretion, repair or replace the items free of charge, perform the agreed work correctly, or refund or discount the agreed price or compensation. In the event of additional damage, the provisions of the liability clause shall apply.
  17. The consumer may always opt for free repair or replacement of the goods or for the agreed work to be carried out correctly, unless this cannot reasonably be expected of YIRUMA BV. In the latter case, the consumer may terminate the agreement by written notice or demand a discount on the agreed price or compensation.
  Article 13: Liability
  1. Apart from the guarantees explicitly agreed upon or given by YIRUMA BV, guaranteed results or quality requirements, YIRUMA BV accepts no liability whatsoever.
  2. YIRUMA BV is only liable for direct damage. Any liability for consequential damage, such as business damage, loss of profit and/or loss suffered, damage due to delay and/or personal injury or bodily harm, is expressly excluded.
  3. The other party shall take all necessary measures to prevent or limit the damage.
  4. If YIRUMA BV is liable, the obligation to pay compensation is always limited to a maximum of the amount paid out by its insurer in the case in question. If the insurer does not pay out or the damage is not covered by insurance taken out by YIRUMA BV, the obligation to pay compensation is limited to a maximum of the invoice amount for the goods delivered and/or the work performed.
  5. The other party must notify YIRUMA BV of the damage it has suffered within six months of becoming aware of it or of it becoming known.
  6. Notwithstanding the previous paragraph, a period of one year applies to consumers.
  7. If YIRUMA BV has to perform its work or deliveries on the basis of documents provided by or on behalf of the other party, it is not responsible for the content, accuracy and completeness of these documents.
  8. YIRUMA BV emphasises that when installing an object, the surface must be sufficiently strong and stable. YIRUMA BV places the object on paving or ground screws and can advise the other party on this, but it accepts no responsibility for – and is not liable for – the soil conditions (density, etc.) or climatic conditions at the time of installation and any resulting subsidence or other damage to the other party.
  9. The other party indemnifies YIRUMA BV against all claims from third parties for compensation for damage if YIRUMA BV has submitted the KLIC excavation notification required for the performance of the agreement under the WION to the Land Registry in good time, has carried out the excavation work with due care and, despite this, damage to underground networks occurs.
  10. YIRUMA BV shall not be liable – and the other party cannot invoke the applicable warranty – if the damage was caused by:
  11. improper use, use contrary to the purpose of the delivered goods or use contrary to the instructions, advice, maintenance regulations, etc. provided by or on behalf of YIRUMA BV;
  12. improper storage or maintenance of the items;
  13. errors, omissions, etc. in the information provided to YIRUMA BV by or on behalf of the other party;
  14. defects, faults, etc. in the materials and items purchased and/or installed by the other party itself;
  15. climatic conditions. This concerns both damage caused to the delivered goods after delivery and damage caused by defects that become apparent at a later stage, but which are the result of climatic conditions during/after the performance of the work;
  16. instructions or directions from/on behalf of the other party;
  17. or as a result of a choice made by the other party that deviates from what YIRUMA BV advised and/or is customary;
  18. or because the other party or someone acting on their behalf has carried out repair work or modifications to the delivered goods without the express prior consent of YIRUMA BV.
  19. In the cases listed in the previous paragraph, the other party is fully liable for the resulting damage and indemnifies YIRUMA BV against any claims from third parties.
  20. The limitations of liability included in this article do not apply if the damage is due to intent and/or deliberate recklessness on the part of YIRUMA BV or its management personnel at executive level, or if mandatory legal provisions prevent this. Only in these cases will YIRUMA BV indemnify the other party against any claims from third parties.
  Article 14: Payment
  1. YIRUMA BV may always request a (partial) advance payment or other security for payment.
  2. Payment must be made within 14 days of the invoice date, unless the parties have agreed on a different payment term in writing. The accuracy of an invoice is deemed to have been established if no objection has been made within this payment term.
  3. In the case of an object to be manufactured to order, the agreed fee must in any case be paid in full before the object is installed.
  4. If an invoice has not been paid in full after the expiry of the periods referred to in paragraphs 2 and 3, the other party shall owe YIRUMA BV default interest at a rate of 2% per month, calculated cumulatively on the principal sum. Parts of a month shall be counted as full months.
  5. In the aforementioned situation, the consumer is entitled to default interest at a rate of 6% per annum, unless the statutory interest rate is higher. In that case, the statutory interest rate applies.
  6. If payment is still not made after a reminder, YIRUMA BV may also charge the other party extrajudicial collection costs amounting to 15% of the invoice amount, with a minimum of €40.00.
  7. YIRUMA BV will give the consumer a minimum of 15 days to make payment after issuing the aforementioned reminder. If payment is still not made, the extrajudicial collection costs for the consumer will be:
  8. 15% of the principal amount on the first €2,500.00 of the claim (with a minimum of €40.00);
  9. 10% of the principal amount on the next €2,500.00 of the claim;
  10. 5% of the principal amount over the next €5,000.00 of the claim;
  11. 1% of the principal amount over the next €190,000.00 of the claim;
  12. 0.5% of the principal amount.
All this with an absolute maximum of €6,775.00.
  1. For the calculation of the extrajudicial collection costs, YIRUMA BV may increase the principal amount of the claim after one year by the default interest accrued in that year.
  2. In the event of failure to make full payment, YIRUMA BV may terminate the agreement by means of a written statement without further notice of default, or suspend its obligations under the agreement until payment has been made or adequate security has been provided. YIRUMA BV shall also be entitled to the aforementioned suspension if, even before the other party/consumer is in default of payment, it has valid reasons to doubt the creditworthiness of the other party/consumer.
  3. YIRUMA BV will first deduct any payments received from all interest and costs owed and then from the longest outstanding invoices, unless the payment is accompanied by a written statement indicating that it relates to a later invoice.
  4. The other party may not set off YIRUMA BV's claims against any counterclaims it may have against YIRUMA BV. This also applies if the other party applies for (provisional) suspension of payments or is declared bankrupt.
  5. The previous paragraph does not apply to consumers.
  Article 15: Retention of title
  1. All items delivered/to be delivered under the agreement remain the property of YIRUMA BV until the other party has fulfilled all its payment obligations.
  2. These payment obligations consist of paying the purchase price of the goods, plus claims for work performed in connection with the delivery and claims for attributable failure on the part of the other party, such as claims for payment of compensation, extrajudicial collection costs, interest and any penalties.
  3. As long as the goods are subject to retention of title, the other party may not pledge them in any way or place them in the actual possession of a financier.
  4. The other party shall immediately inform YIRUMA BV in writing if third parties claim to have ownership or other rights to the goods.
  5. As long as the other party has the items in its possession, it shall store them carefully and as identifiable property of YIRUMA BV.
  6. The other party shall take out building or contents insurance such that items delivered under retention of title are insured at all times. Upon first request, the other party shall provide YIRUMA BV with access to the insurance policy and accompanying proof of premium payments.
  7. If the other party acts in violation of this article or YIRUMA BV invokes retention of title, YIRUMA BV and its employees may enter the other party's premises and take back the goods. This does not affect YIRUMA BV's right to compensation for damage, lost profit and interest, nor its right to terminate the agreement without further notice of default by means of a written statement.
  Article 16: Intellectual property rights
  1. Unless the parties agree otherwise, YIRUMA BV is and remains the owner of all intellectual property rights that rest on, arise from, relate to and/or belong to the goods and documents delivered or manufactured by it within the framework of the agreement. The exercise of these rights is expressly and exclusively reserved to YIRUMA BV.
  2. This means, among other things, that the other party must return the goods delivered or manufactured by YIRUMA BV:
  3. may not use the documents outside the context of the agreement, may not reproduce them, may not provide them to third parties, and may not allow third parties to inspect them;
  4. You may not copy, modify, reproduce, etc. any part of this website without the prior written consent of YIRUMA BV.
  5. The other party guarantees that the documents and files provided by him to YIRUMA BV do not infringe any intellectual property rights of third parties. He is liable for any damage suffered by YIRUMA BV as a result of such infringements and indemnifies him against claims from these third parties.
Article 17: Bankruptcy, lack of authority to dispose, etc.
  1. YIRUMA BV may terminate the agreement without further notice of default by means of a written statement to the other party at the moment that the other party:
  2. is declared bankrupt or an application to that effect has been made;
  3. applies for (provisional) suspension of payments;
  4. subject to enforcement measures;
  5. placed under guardianship or administration;
  6. otherwise loses the power of disposal or legal capacity with regard to (parts of) his assets.
  7. The other party shall always inform the receiver or administrator of the (content of the) agreement and these general terms and conditions.
  Article 18: Force majeure
  1. In the event of force majeure on the part of the other party or YIRUMA BV, the latter may terminate the agreement by means of a written statement to the other party or suspend the fulfilment of its obligations towards the other party for a reasonable period of time without being liable for any compensation.
  2. Force majeure on the part of YIRUMA BV is understood to mean: a non-attributable failure on the part of YIRUMA BV, third parties or suppliers engaged by it, or other compelling reasons on its part.
  3. The following circumstances shall in any case constitute force majeure for YIRUMA BV: war, riots, mobilisation, domestic and foreign unrest, government measures, strikes within the organisation of YIRUMA BV or the threat of such circumstances, disruption of the currency ratios existing at the time of entering into the agreement, business disruptions due to fire, burglary, sabotage, power failure, internet or telephone connections, natural phenomena, (natural) disasters, etc., as well as transport difficulties and delivery problems caused by weather conditions, roadblocks, accidents, measures hindering import and export, etc., affecting itself or third parties engaged in the performance of the agreement.
  4. If the force majeure situation occurs when the agreement has already been partially performed, the other party must fulfil its obligations towards YIRUMA BV up to that point.
  Article 19: Cancellation, suspension
  1. If the other party wishes to cancel the agreement prior to or during its execution, YIRUMA BV may demand fixed compensation from the other party for all costs incurred and the damage suffered as a result of the cancellation, including lost profits. At the discretion of YIRUMA BV and depending on the work and/or deliveries already performed, this compensation shall amount to 20% to 100% of the agreed price/remuneration.
  2. If the other party cancels or reschedules a planned appointment less than 24 hours in advance, YIRUMA BV may charge the time reserved for this appointment based on the agreed/usual hourly rate.
  3. The other party indemnifies YIRUMA BV against any claims from third parties arising from the cancellation.
  4. YIRUMA BV may set off the compensation owed against all amounts paid by the other party and any counterclaims of the other party.
  5. If the agreement is suspended at the request of the other party, the compensation for all deliveries/work performed shall be immediately due and payable, and YIRUMA BV may charge this to the other party. This also applies to all costs already incurred, costs arising from the suspension and/or hours already reserved by YIRUMA BV at the time of suspension for the suspension period.
  6. Any costs incurred by YIRUMA BV as a result of resuming the delivery(ies)/work shall be borne by the other party. If the performance of the agreement cannot be resumed after the suspension, YIRUMA BV may terminate the agreement by means of a written statement to the other party.
  Article 20: Applicable law, competent court
  1. The agreement concluded between the parties is governed exclusively by Dutch law.
  2. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.
  3. Any disputes shall be submitted to the competent court in the place of business of YIRUMA BV, but YIRUMA BV always reserves the right to submit the dispute to the competent court in the place of business of the other party.
  4. Regardless of YIRUMA BV's choice, the consumer always retains the right to submit the dispute to the legally competent court. The consumer must notify YIRUMA BV of this choice within one month of receiving the summons.
  5. If the other party is established outside the Netherlands, YIRUMA BV may choose to submit the dispute to the competent court in the country or state where the other party is established.
  Date: 14 October 2025  
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