General terms and conditions

GENERAL TERMS AND CONDITIONS – DIVINE CARDS

Definitions

Divine Cards: Divine Cards, established in the Netherlands.
Customer: the person with whom Divine Cards has entered into an agreement.
Parties: Divine Cards and customer together.
Consumer: a customer who is an individual acting for private purposes.

Applicability

These terms and conditions will apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of Divine Cards.
Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

All prices used by Divine Cards are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
Divine Cards is entitled to adjust all prices for its products or services, shown in its shop, on its website, or otherwise, at any time.
Increases in the cost prices of products or parts thereof, which Divine Cards could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

Samples / models

If the customer has received a sample or model of a product, he cannot derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.

Consequences of late payment

If the customer does not pay within the agreed term, Divine Cards is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.
When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Divine Cards.
The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
If the customer does not pay on time, Divine Cards may suspend its obligations until the customer has met his payment obligation.
In the event of liquidation, bankruptcy, attachment, or suspension of payment on behalf of the customer, the claims of Divine Cards on the customer are immediately due and payable.
If the customer refuses to cooperate with the performance of the agreement by Divine Cards, he is still obliged to pay the agreed price to Divine Cards.

Right of recovery of goods

As soon as the customer is in default, Divine Cards is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
Divine Cards invokes the right of recovery by means of a written or electronic announcement.
As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Divine Cards, unless the parties agree to make other arrangements about this.
The costs for the collection or return of the products are at the expense of the customer.

Right of cancellation

A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that

the product has not been used
the product is not specially tailored for the consumer or adapted to its special needs
the consumer has not renounced his right of cancellation

The reflection period of 14 days as referred to 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 received the first product of a subscription
- as soon as the consumer has confirmed the purchase of digital content via the internet
The consumer can notify his right of cancellation via info@divine-cards.com, if desired by using the withdrawal form that can be downloaded via the website of Divine Cards, https://www.divine-cards.com.
The consumer is obliged to return the product to Divine Cards within 14 days after the notification of his right of cancellation, after which period his right of cancellation will lapse.
The costs for the return are due Divine Cards if the complete order is returned.
If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Divine Cards will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Divine Cards in time.

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

Divine Cards can appeal to its right of retention of title and in that case retain the products sold by Divine Cards to the customer until the customer has paid all outstanding invoices with regard to Divine Cards, unless the customer has provided sufficient security for these payments.
The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Divine Cards.
Divine Cards is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement

The customer waives his right to settle any debt to Divine Cards with any claim on Divine Cards

Retention of title

Divine Cards remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Divine Cards under whatever agreement with Divine Cards including claims regarding the shortcomings in the performance.
Until then, Divine Cards can invoke its retention of title and take back the goods.
Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
If Divine Cards invokes its retention of title, the agreement will be dissolved and Divine Cards has the right to claim compensation, lost profits, and interest.

Delivery

Delivery takes place while stocks last.
Delivery takes place at Divine Cards unless the parties have agreed upon otherwise.
Delivery of products ordered online takes place at the address indicated by the customer.
If the agreed price is not paid on time, Divine Cards has the right to suspend its obligations until the agreed price is fully paid.
In the event of late payment, the customer is automatically in default, and hereby he can not object to late delivery by Divine Cards.

Delivery period

Any delivery period specified by Divine Cards is indicative and does not give the customer the right to dissolution or compensation if this period is not met with unless the parties have expressly agreed otherwise in writing.
The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Divine Cards.
Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Divine Cards cannot deliver within 64 days or if the parties have agreed upon otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport costs

Transport costs are on behalf of the customer unless the parties have agreed upon otherwise.

Packaging and shipping

If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Divine Cards may not be held liable for any damage.
If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Divine Cards, failing which Divine Cards cannot be held liable for any damage.

Storage

If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.

Guarantee

The warranty relating to products only applies to defects caused by faulty manufacture, construction, or material.
The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect can not clearly be established.
The risk of loss, damage, or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

Indemnity

The customer indemnifies Divine Cards against all third-party claims that are related to the products and/or services supplied by Divine Cards.

Complaints

The customer must examine a product or service provided by Divine Cards as soon as possible for possible shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Divine Cards of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
Consumers must inform Divine Cards of this within two months after detection of the shortcomings.
The customer gives a detailed description as possible of the as well as high-resolution pictures or video so that Divine Cards is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to Divine Cards being forced to perform other work than has been agreed.

Giving notice

The customer must provide any notice of default to Divine Cards in writing.
It is the responsibility of the customer that a notice of default actually reaches Divine Cards(in time).

Joint and several Client liabilities

If Divine Cards enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Divine Cards under that agreement.

Liability of Divine Cards

Divine Cards is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
If Divine Cards is liable for any damage, it is only liable for direct damages that results from or are related to the execution of an agreement.
Divine Cards is never liable for indirect damages, such as consequential loss, lost profit, lost savings, or damage to third parties.
If Divine Cards is liable, its liability is limited to the amount paid by a closed (professional) liability insurance, and in the absence of (full) payment by an insurance company of the damages, the amount of the liability is limited to the (part of the) invoice to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate, and can not lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Every right of the customer to compensation from Divine Cards shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

Dissolution

The customer has the right to dissolve the agreement if Divine Cards imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
If the fulfillment of the obligations by Divine Cards is not permanent or temporarily impossible, dissolution can only take place after Divine Cards is in default.
Divine Cards has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Divine Cards good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force majeure

In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Divine Cards in the fulfillment of any obligation to the customer cannot be attributed to Divine Cards in any situation independent of the will of Divine Cards, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Divine Cards .
The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen, or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a situation of force majeure arises as a result of which Divine Cards cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Divine Cards can comply with it.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
Divine Cards does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

Changes in the general terms and conditions

Divine Cards is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major changes in content will be discussed by Divine Cards with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Changes in terms of service will only be applicable to new purchases after these have come into effect.

Transfer of rights

The customer cannot transfer its rights deferring from an agreement with Divine Cards to third parties without the prior written consent of Divine Cards.
This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

Consequences of nullity or annullability

If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Divine Cards had in mind when drafting the conditions on that issue.

Applicable law and competent court

Dutch law is exclusively applicable to all agreements between the parties.
The Dutch court in the district where Divine Cards is established is exclusively competent in case of any disputes between parties unless the law prescribes otherwise.

Drawn up on 23 oktober 2019. DIVINE CARDS