Terms of service

 

 

Front Trading (hereinafter: Front Trading) is registered with the Chamber of Commerce under number 62299808 and established at Viaductweg 48 (2525KL) in The Hague, the Netherlands.

Article 1 - Definitions
In these terms of service, the following terms are used in the following sense unless expressly stated otherwise:
  1. Company: The natural or legal person acting in the exercise of a profession or business.
  2. Buyer: the Company that enters into an Agreement (at a distance) with the Seller.
  3. Seller: the provider of Products or Services to the Customer, hereinafter referred to as Front Trading.
  4. Offer: Any Offer to the Purchaser to supply Products by the Seller in the form of an agreement or contract or a quotation.
  5. Products: the Products sold by Front Trading are products used for surfing, water and winter sports in the broadest sense and related products.
  6. Agreement: the (purchase) Agreement for the sale and delivery of Products purchased by the Customer from Front Trading.
  7. Partner Agreement: The agreement, being an (annual) contract with the Customer, also referred to as an exclusive partner, in which the terms of service such as prices, delivery dates, payment terms and other arrangements are included.
Article 2 - Applicability
  1. These Terms of Service shall apply to any Offer by Front Trading and any Agreement between Front Trading and a Customer and to any Product or service offered by Front Trading.
  2. Before an Agreement (at a distance) is concluded, the Customer will be provided with these terms of service. If this is not reasonably possible, Front Trading will indicate to the Customer in which way the Customer can inspect the terms of service.
  3. The applicability of any (other) general or (purchase) conditions of the Customer is expressly rejected. Only the terms of service of Front Trading shall apply.
  4. Deviation from these terms of service is in principle not possible. In exceptional situations, it is possible to deviate from the terms of service if this has been explicitly agreed upon in writing with Front Trading.
  5. These terms of service also apply to additional, amended and follow-up Agreements with the Customer.
  6. If one or more provisions of these terms of service are partially or wholly void or annulled, the remaining provisions of these terms of service shall remain in force, and the void/annulled provision(s) shall be replaced by a provision with the same purport as the original provision.
  7. Uncertainties about the content, interpretation or situations not regulated in these terms of service shall be assessed and explained according to the spirit of these terms of service.
Article 3 - The Offer
  1. All Offers made by Front Trading shall be without obligation unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly mentioned in the Offer. An Offer can be made either orally or in writing.
  2. Front Trading shall only be bound by the Offer if the acceptance thereof is confirmed in writing by the Customer within thirty (30) days. Nevertheless, Front Trading is entitled to refuse an Agreement with a potential Buyer for a reason that is valid for Front Trading.
  3. The Offer contains a description of the Product offered. The description is so detailed that the Customer is able to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind Front Trading. The images and specific data in the Offer are only an indication and cannot be grounds for any compensation or dissolution of the Agreement (at a distance). Front Trading cannot guarantee that the colours in the image exactly match the real colours of the Product.
  4. Delivery times in Front Trading's offers are indicative and, if exceeded, shall not entitle the Customer to dissolution or damages, unless expressly agreed otherwise.
  5. A compound quotation shall not oblige Front Trading to deliver a part of the Goods included in the offer or quotation at a Corresponding part of the quoted price.
  6. Offers or quotations do not automatically apply to repeat orders. Offers and quotations shall be valid only until stocks last and according to the 'made-to-order' principle.
  7. Front Trading has the right to refuse specified orders or already placed orders without giving reasons. Any such refusal shall not entitle the Customer to damages or any other compensation for the refusal of the order/order.
Article 4 - Conclusion of the Agreement
  1. The Agreement comes into effect the moment the Customer has accepted an Offer of Front Trading in writing or pressed the "order button" in the portal.
  2. If Customer has accepted the Offer by entering into an Agreement with Front Trading, Front Trading will confirm the Agreement with Customer in writing.
  3. If the acceptance deviates (on minor points) from the Offer included in the quotation or invoice, Front Trading shall not be bound by it. The Customer shall pay the full offer or invoice unless the Customer can prove that a different agreement was made.
  4. Front Trading is not bound to an Offer if the Buyer could reasonably have expected or should have understood that the Offer contains an obvious mistake or clerical error. The Buyer cannot derive any rights from this mistake or clerical error.
  5. Agreements or Contracts can only be entered into by authorised personnel, employed or hired persons of Front Trading who are authorised to represent and have a written power of attorney.
  6. The right of withdrawal does not apply.
  7. If the Customer fully or partially cancels the order placed or the specified order, the Customer must pay the full compensation mentioned in the Agreement or the Offer.
Article 5 - Obligations of the Customer
  1. The Customer shall not make any changes to the Products, or the packaging of the Products without Front Trading's prior written consent.
  2. The Customer is entitled to resell the Products to consumers and/or business customers in their country of residence.
  3. The Customer is entitled to sell the Products online in its country of residence, provided that they are sold on its own website.
  4. The Customer shall ensure that the Customer's business customers do not sell Products online or physically from a sales space without Front Trading's prior written consent.
  5. The Customer shall be responsible for checking and complying with the laws of the country of residence in relation to the Products.
  6. Customer is only allowed to sell the Product White-Label after a written agreement from Front Trading.
  7. Customer will never make negative comments about Front Trading.
Article 6 - Duration transactions
  1. The Customer may only terminate an open-ended Agreement for the regular delivery of Products subject to 180 days' notice and the termination rules agreed for that purpose.
  2. The termination of the above Agreement, may be terminated by the Customer in the same manner as it was entered into by the Customer.
  3. A fixed-term Agreement for the regular delivery of Products shall terminate automatically upon expiry of the last delivery.
  4. If an Agreement lasts longer than one year, the Agreement may be terminated by the Customer at any time after one year, subject to a notice period of not more than (90 days), unless such termination before the end of the agreed term is not justifiable in fairness and reasonableness.
Article 7 - Orders
  1. Customer will place orders for Products in writing, via the (B2B) portal with Front Trading. Each order will, unless there is a Partner Agreement, state at least:
    - the date the order was placed;
    - the type of Products ordered;
    - the quantity of Products ordered;
    - the place of delivery;
    - a reference number.
  2. If Front Trading accepts the order of the Customer, Front Trading will confirm this to the Customer by email within two working days after receipt of the order. If Front Trading does not send a written confirmation of acceptance of the order to the Customer within the above-mentioned period, the order shall be deemed to have been refused.
  3. If the contents of the written acceptance referred to in the previous paragraph deviate from the contents of the order form, the Customer shall be bound by the contents of the written acceptance, unless he points out the deviation by e-mail within two working days after Front Trading has sent the acceptance. 
Article 8 - Execution of the Agreement
  1. Front Trading shall perform the Agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
  2. If and insofar as proper execution of the Agreement requires this, Front Trading is entitled to have certain activities carried out by third parties at its own discretion.
  3. The Customer shall ensure that all data, which Front Trading indicates to be necessary or which the Customer should reasonably understand to be necessary for the execution of the Agreement, are provided to Front Trading in a timely manner. If the data necessary for the implementation of the Agreement are not provided to Front Trading in a timely manner, Front Trading shall be entitled to suspend the implementation of the Agreement and/or to charge the Customer for the extra costs resulting from the delay according to the usual rates.
  4. Front Trading may, before proceeding to execute the Agreement, demand security from the Customer or full payment in advance.
  5. Front Trading shall not be liable for damage, of any nature whatsoever, which has arisen because Front Trading has assumed incorrect and/or incomplete data provided by the Customer, unless such incorrectness or incompleteness was known to Front Trading.
  6. The Customer indemnifies Front Trading against any claims of third parties, which suffer damage in connection with the execution of the Agreement and which is attributable to the Customer.
Article 9 - Delivery
  1. Delivery shall in principle take place from the production facility or warehouse of Front Trading, on the basis of Ex works (Front Trading delivers the Products by making them available to the Customer in the warehouse) unless expressly agreed otherwise.
  2. If the commencement, progress or (completion) Delivery of the Products and/or Services is delayed because, for example, the Customer has not or not timely provided all requested information, provides insufficient cooperation, the (down)payment has not been received on time by Front Trading or any delay arises due to other circumstances beyond the control of Front Trading, Front Trading shall be entitled to a reasonable extension of the (completion) Delivery period. All agreed (delivery) periods shall never be deadlines. The Customer shall declare Front Trading in default in writing and grant it a reasonable period to still be able to deliver. The Customer shall not be entitled to any damages as a result of the resulting delay.
  3. The Customer is obliged to take delivery of the goods at the time they are made available to him according to the Agreement, even if they are offered to him earlier or later than agreed.
  4. If Buyer refuses to take delivery or is negligent in providing information or instructions necessary for delivery, Front Trading shall be entitled to store the Goods at the expense and risk of the Buyer.
  5. If the Goods are delivered by Front Trading or an external carrier, Front Trading shall, unless agreed otherwise in writing, be entitled to charge any transport, insurance, packaging and shipping costs. These will then be invoiced separately.
  6. Insofar as it is agreed that delivery and placement must take place at the Customer's premises, this shall take place entirely at the Customer's risk, regardless of what has been agreed for the calculation of the delivery costs.
  7. If Front Trading requires information from the Customer in the context of the implementation of the Agreement, the delivery period shall commence after the Customer has made such information available to Front Trading.
  8. If Front Trading has specified a term for delivery, it shall be indicative. Front Trading delivers, if the Product is in stock, and the delivery runs according to schedule, the Product within one week at the address given by the Customer, barring (extraordinary) circumstances due to which the delivery period is delayed.
  9. Front Trading shall be entitled to deliver the Goods in parts unless the Agreement deviates from this or no independent value can be attributed to the partial delivery. Front Trading shall be entitled to invoice the thus delivered Goods separately.
  10. Deliveries shall only be made if all invoices have been paid, unless otherwise expressly agreed.
  11. Front Trading reserves the right to refuse delivery if well-founded fears of non-payment exist.
Article 10 - Packaging and transport
  1. Front Trading promises to the Customer to pack the Goods properly and to secure them in such a way that they will reach their destination in good condition during normal use.
  2. Unless otherwise agreed in writing, all deliveries shall be exclusive of turnover tax (VAT), including packaging and packaging materials (with the exception of packaging for which it is customary to charge a separate deposit).
  3. The acceptance of goods without any remarks on the waybill or receipt shall be proof that the packaging/packaging was in good condition at the time of delivery.
  4. Each Customer shall be deemed to be in possession of any required import and/or payment licences. The absence or withdrawal of these licences does not relieve the Buyer from the obligation to take delivery of the Goods in the agreed manner. If the Goods are sold by Front Trading without customs clearance, a Buyer cannot derive from this the right to cancel the order/order.
  5. The risk of molestation shall always be borne by the Customer.
  6. If the Customer agrees that the ordered goods will be delivered via direct supply from abroad, the risk of (improper, timely and/or no) delivery shall be fully and completely borne by the Customer.
Article 11 - Import and export restrictions
  1. The Customer understands that the Products may be subject to the import and export control of the country in which the delivery address is located. The Customer shall comply with all applicable laws and regulations relating to import and export control.
  2. Any restrictions or requirements may vary depending on time and Products.
  3. The Customer shall indemnify Front Trading at Front Trading's first request for any damage and/or loss suffered by Front Trading (including all costs, taxes, fines, expenses and levies) as a result of the Customer's non-compliance with import and export control laws and regulations.
Article 12 - Packaging
  1. The Customer is obliged to return the loaner packaging empty and in undamaged condition to the carrier of the Products. If the Purchaser fails to meet its obligations with regard to packaging, all costs resulting from this shall be for its account. Such costs include costs arising from late return and costs of replacement, repair or cleaning.
  2. Co-delivery of packaging shall take place in accordance with the conditions of the Offer. Separately charged packaging need not be taken back by Front Trading and will not be credited. 
Article 13 - Opinions and advice
  1. Front Trading may, if so instructed, prepare advice, plan of action, design, reporting, planning and/or reporting for the benefit of the Services. The contents thereof are not binding and only of an advisory nature, but Front Trading will observe its duties of care. The Buyer decides for itself and on its own responsibility whether it follows the advice.
  2. The information provided by Front Trading provided by Front Trading, in any form whatsoever, shall never be regarded as binding advice.
  3. The Customer shall at the first request of Front Trading obliged to assess proposals provided by it. If Front Trading is delayed in its activities, because the Customer does not or not timely provide an assessment on a proposal submitted by Front Trading made by Front Trading, the Customer shall at all times be responsible for the consequences resulting therefrom, such as delay.
  4. The nature of the Services implies that the outcome is at all times dependent on external factors that may affect the reports and advice of Front Trading such as the quality, accuracy and timely delivery of required information and data of the Customer and its employees. The Customer guarantees the quality and the timely and correct supply of the required data and information.
  5. The Customer shall Front Trading in writing prior to the commencement of the work all circumstances which are or may be relevant including any points and priorities for which Customer wishes attention.
Article 14 - Examination, complaints
  1. The Purchaser shall be obliged to inspect the delivered Products or have them inspected at the time of delivery or handover, but in any case within 10 days of receipt of the delivered Products, and only to unpack or use the Products to the extent necessary to assess whether it will keep the Product. In doing so, the Purchaser must check whether the quality and quantity of the delivered Products are in accordance with the Agreement and whether the Products meet the requirements applicable to them in normal (commercial) dealings.
  2. The Customer is obliged to investigate in which way the Product should be used and in case of personal use, to test the Product in accordance with the instructions for use. Front Trading does not acknowledge any liability for incorrect use of the Product by the Customer, nor by incorrect advice given by the Customer to the customers of the Customer.
  3. Any visible defects or shortages must be reported in writing to Front Trading within 10 days after Delivery. Non-visible defects or shortages should be reported within (number of) days after discovery. In case of damage to the Product due to careless handling by the Customer himself, the Customer shall be liable for any decrease in the value of the Product.
  4. If, pursuant to the previous paragraph, a timely complaint is made, the Customer shall remain obliged to purchase and pay for the purchased Goods. If there is a defect, the Buyer will receive, after Front Trading has determined and approved the defect, a replacement Product or a credit note. In the event of a defect in a new Product, the Parties shall consult to return the Product or send a new Product.
  5. Return shipments will only be accepted if they are approved by Front Trading, and provided with a return number (which will be provided by Front Trading). The return address will be communicated to the Customer by Front Trading after the written notification of the Customer.
  6. If the Customer exercises his right of complaint, he shall not be entitled to suspend his payment obligation nor to set off outstanding invoices.
  7. In the absence of a complete Delivery, and/or if one or more Products are missing, and this is attributable to Front Trading, Front Trading will, after a request to that effect by the Customer, send the missing Product(s) or cancel the remaining order. The receipt confirmation of the Products is leading in this respect. Any damage suffered by the Customer as a result of the deviating scope of delivery cannot be recovered from Front Trading.
  8. Reclamation is not possible if the Customer has wrong or different expectations of the Product concerned.
Article 15 - Prices
  1. During the validity period of the Offer, the prices of the offered Products will not be increased, except in the case of changes in VAT rates, as a result of legislation and regulations, price changes at the third parties or suppliers engaged by Front Trading or changes in the prices of the required raw materials or currency fluctuations, import and export duties (both domestically and abroad), shipping and/or delivery costs, Front Trading shall be entitled to increase the agreed price and/or fee accordingly and charge it to the Customer.
  2. The prices stated in the Offer are exclusive of VAT. Shipping and any transport, packaging and administration costs are not included in the price unless otherwise agreed.
  3. If after the conclusion of the Agreement but before the agreed date of delivery, the prices of auxiliary materials, raw materials, parts, wages or other price-determining factors have undergone a change, Front Trading shall be entitled to adjust the offer price accordingly, but not before three months have passed since the conclusion of the Agreement. The provisions in the previous sentence do not affect Front Trading's authority to pass on price increases pursuant to laws and regulations at all times and to increase the offer price accordingly.
  4. Price increases resulting from additions and/or amendments to the Agreement shall be borne by the Customer.
  5. Front Trading shall provide the Customer with an itemised invoice in respect of the Agreement following the order placed or the specified order.
Article 16 - Payment and collection policy
  1. Payment shall be made within 30 days of delivery unless otherwise agreed, in the currency invoiced. Objections to the amount of invoices must be reported within 14 days of the invoice date but do not suspend the payment obligation.
  2. The Customer cannot derive any rights or expectations from an estimate issued in advance unless the parties have expressly agreed otherwise.
  3. The Customer shall pay these costs at once, to the account number and details of Front Trading made known to him. Except for special circumstances, the Customer may make payment arrangements on the basis of credit only after the explicit and written consent of Front Trading.
  4. If agreed, an advance payment shall be paid before Front Trading commences its Services.
  5. In case of liquidation, bankruptcy, attachment or suspension of payment of the Customer, the claims of Front Trading on the Customer shall be immediately due and payable.
  6. Front Trading shall be entitled to have the payments made by the Customer go first of all to reduce the costs, then to reduce the interest falling due and finally to reduce the principal sum and the current interest. Front Trading may, without thereby being in default, refuse an Offer for payment, if the Customer designates a different sequence of attribution. Front Trading may refuse full repayment of the principal sum if in doing so the accrued and current interest as well as the costs are not also paid.
  7. If the Customer does not fulfil his/her payment obligation and has not fulfilled his/her obligation within the stipulated payment period of no more than thirty (30) days, the Customer shall be in default.
  8. From the date that the Customer is in default, Front Trading shall without further notice of default claim the statutory (commercial) interest from the first day of default until full payment and compensation of the extrajudicial costs in accordance with article 6:96 of the Dutch Civil Code, to be calculated according to the graduated scale from the Decree on compensation for extrajudicial collection costs of 1 July 2012.
  9. If Front Trading has incurred more or higher costs which are reasonably necessary, such costs shall be eligible for reimbursement. Judicial and execution costs incurred shall also be borne by the Customer.
  10. 10. If the required conditions have been met, no VAT will be charged in case of intra-community delivery. If the Buyer provides an incorrect or invalid VAT number, Front Trading will be entitled to charge the VAT to the Buyer afterwards, as well as to report the fraud to the tax authorities in the country of delivery.
Article 17 - Retention of title
  1. All Products delivered by Front Trading shall remain the property of Front Trading until the Customer has complied with all following obligations from all Agreements concluded with Front Trading.
  2. The Customer is not authorised to pledge or otherwise encumber the Products subject to retention of title.
  3. If third parties seize the Goods delivered under retention of title or wish to establish or assert rights thereon, the Customer shall be held to inform Front Trading thereof as soon as may reasonably be expected.
  4. The Customer undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection on demand.
  5. In case Front Trading wishes to exercise its property rights referred to in this article, the Customer hereby grants unconditional and irrevocable permission to Front Trading or third parties to be appointed by Front Trading to enter all those places where the property of Front Trading is located and to take back those Goods.
  6. Front Trading shall be entitled to retain possession of the Product(s) purchased by the Customer if the Customer has not yet (fully) complied with his payment obligations, despite an obligation of Front Trading to transfer or deliver. After the Customer has fulfilled his obligations, Front Trading will deliver the purchased Product(s) to the Customer as soon as possible, but at the latest within 20 working days.
  7. Costs and other (consequential) damage resulting from the retention of the purchased Products shall be at the expense and risk of the Buyer and shall be compensated by the Buyer to Front Trading upon first request. 
Article 18 - Warranty
  1. Front Trading guarantees that the Products comply with the Agreement, the specifications mentioned in the offer, usability and/or soundness and the legal rules/regulations at the time of the conclusion of the Agreement. This also applies if the Goods to be delivered are destined for use abroad and if the Customer, at the time of entering into the Agreement, has explicitly notified Front Trading in writing of this use. Front Trading.
  2. Any guarantee shall be expressly agreed in writing. Product warranties shall never extend beyond what is provided by the manufacturer or beyond what has been explicitly agreed. In case of conflict, the guarantee as provided by the manufacturer shall prevail. Front Trading is only responsible for the possession of the properties of the product which the Customer could reasonably expect to be present.
  3. Front Trading carries out its activities in accordance with the standards applicable to the branch. If thereby any guarantee is given, it shall be limited to what has been expressly agreed in writing and only in so far as the guarantee has been received from the suppliers. During the guarantee period, Front Trading guarantees a sound and usual quality of the (up)delivered goods.
  4. The Customer can only appeal to the guarantee given by Front Trading if the Buyer has fully complied with his payment obligations.
  5. If the Customer rightly invokes an agreed guarantee, Front Trading is obliged to repair or replace the delivered Products free of charge. If in addition there is any additional damage, the applicable provisions of the liability of these terms of service shall apply.
  6. The warranty is void if:
    (i) the warranty period has expired or the warranty obligation expires;
    (ii) for so long as the Customer is in debt to Front Trading is in default;
    (iii) if the Customer has carried out repair, assembly and/or maintenance work itself, or has had it carried out by third parties;
    (iv) in case of exposure to abnormal conditions and use contrary to the instructions for use;
    (v) above-average wear at least wear due to exceptional use.
Article 19 - Suspension and dissolution
  1. Front Trading is authorised to suspend the fulfilment of its obligations or to dissolve the Agreement, if the Customer does not or not fully fulfil its (payment) obligations under the Agreement.
  2. Furthermore, Front Trading shall be entitled to dissolve the existing Agreement(s) concluded by it and the Customer, insofar as these have not yet been performed, without judicial Agreement, if the Customer does not timely or properly fulfil his obligations under any Agreement concluded with Front Trading, as well as in case of bankruptcy or suspension of payment of the Customer or in case of shutdown or liquidation of his Business.
  3. Furthermore, Front Trading shall be entitled to dissolve the Agreement without prior notice of default if circumstances arise of such a nature that compliance with the Agreement becomes impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise of such a nature that unaltered maintenance of the Agreement can no longer be reasonably expected.
  4. If the Agreement is dissolved, the claims of Front Trading on the Customer shall be immediately due and payable. If Front Trading suspends the fulfilment of its obligations, it shall retain its claims under the law and the Agreement.
  5. Front Trading retains the right to claim damages at all times. 
Article 20 - Limitation of liability
  1. If the execution of the Agreement by Front Trading leads to the liability of Front Trading towards the Customer or third parties, such liability shall be limited to the costs charged by Front Trading in connection with the Agreement up to a maximum of once the order value. The liability shall in any case be limited to the damage amount which the insurance company will pay out at most per event per year.
  2. Front Trading shall not be liable for consequential damage, indirect damage, trading loss, loss of profits and/or losses suffered, missed savings, damage due to business interruption and damage resulting from the use of Products delivered by Front Trading.
  3. Front Trading is not liable for any damage that is or may be the result of any act or omission as a result of (imperfect and/or incorrect) information on the Website(s) or those of linked Websites.
  4. Front Trading is not responsible for errors and/or irregularities in the functionality of the Website and is not liable for any malfunctions or unavailability of the Website for any reason.
  5. Front Trading does not guarantee the correct and complete transmission of the content of an email sent by/on behalf of Front Trading, nor its timely receipt.
  6. Front Trading explicitly rejects all liability and claims of Customers and third parties who have incurred (physical) damage through the use of the Products. The Products which are offered by Front Trading should only be used in accordance with the conditions of use of the manufacturer. In case of doubt, a Customer and/or user should contact Front Trading.
  7. All claims of the Customer on account of shortcomings on the part of Front Trading will lapse if these have not been reported in writing and motivated to Front Trading within six months after the Customer was aware or could reasonably have been aware of the facts on which his claims are based.
Article 21 - Transfer of risk
The risk of loss of or damage to the Products that are the subject of the Agreement shall pass to the Customer at the moment the Goods leave the production plant or warehouse of Front Trading. Also if the Goods are brought into the control of the Customer and/or third parties, the risk is transferred to the Customer.

Article 22 - Force majeure
  1. Front Trading shall not be liable if, as a result of a force majeure situation, it is unable to fulfil its obligations under the Agreement, nor can it be held to fulfil any obligation if it is prevented from doing so as a result of a circumstance which is not attributable to its fault, and which is not for its account by virtue of the law, a juristic act or generally accepted practice.
  2. Force majeure shall, in any case, include, but not be limited to, what is understood in this respect in the law and jurisprudence, (i) force majeure of Front Trading's suppliers, (ii) failure to properly fulfil obligations of suppliers prescribed or recommended to Front Trading by the Customer, (iii) defectiveness of Goods, equipment, software or materials of third parties, (iv) government measures, (v) electricity failure, (vi) failure of internet, data network and telecommunication facilities (e.g. due to: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the Business of Front Trading and (xi) other situations which in the opinion of Front Trading fall outside its sphere of influence that temporarily or permanently prevent the fulfilment of its obligations.
  3. Front Trading shall be entitled to invoke force majeure if the circumstance preventing (further) fulfilment occurs after Front Trading has fulfilled its commitment.
  4. The parties may suspend the obligations under the Agreement during the period of force majeure. If this period lasts longer than two months, each of the parties shall be entitled to dissolve the Agreement, without any obligation to pay compensation to the other party.
  5. Insofar Front Trading has already partially fulfilled its obligations under the Agreement at the time of the occurrence of Force Majeure or will be able to fulfil them, and independent value can be attributed to the fulfilled or still to be fulfilled part respectively, Front Trading shall be entitled to invoice the fulfilled or still to be fulfilled part separately. The Customer shall be held to pay this invoice as if it were a separate Agreement. 
Article 23 - Intellectual property rights 
  1. All IP rights and copyrights of Front Trading shall be held exclusively by Front Trading and shall not be transferred to the Customer unless otherwise agreed.
  2. The Customer is prohibited from disclosing and/or reproducing, modifying or making available to third parties all documents subject to the IP rights and copyrights of Front Trading without the express prior written consent of Front Trading. If the Customer wishes to make changes to Goods delivered by Front Trading, Front Trading shall explicitly approve the intended changes.
  3. The Customer is prohibited from using the Products subject to Front Trading's intellectual property rights other than as agreed in the Agreement.
Article 24 - Instructions for use Products
  1. Customer of Products shall comply with the regulations and instructions of Front Trading.
  2. 2. Front Trading expressly rejects all liabilities and claims of Customer and/or third parties who have incurred (physical) damage through the use of the Products. The Products are only to be used in accordance with the user instructions.
Article 25 - Confidentiality
  1. Front Trading and Customer undertake to keep confidential all confidential information obtained in the context of an assignment. Confidentiality arises from the order or which can reasonably be expected to be confidential information.
  2. If Front Trading, on the basis of a statutory provision or a judicial decision, is obliged to (communicate) confidential information to a third party designated by the law or a competent court, and Front Trading cannot invoke a right to privilege, Front Trading shall not be held to pay any damages and the Customer shall not be entitled to dissolve the Agreement.
  3. The obligation of confidentiality shall also impose on Front Trading and Customer the third parties to be engaged by them.
Article 26 - Privacy, data processing and security
  1. Front Trading will treat the (personal) data of Customer and Users of the Website(s) with care and will only use them in accordance with the Privacy Statement. If requested, Front Trading will inform the person concerned. Questions about the processing of personal data and further information can be addressed in writing to Front Trading.
  2. If Front Trading is required under the Agreement to provide security of information, such security shall comply with the agreed specifications and a security level that is not unreasonable in view of the state of the art, the sensitivity of the data, and the associated costs. 
Article 27 - Complaints
  1. If the Customer is not satisfied with the service or Products of Front Trading or otherwise has complaints about the purchase agreement, the Customer is obliged to report these complaints as soon as possible, but at the latest within 10 days after the relevant occasion that led to the complaint. Complaints can be reported in writing with the subject "complaint".
  2. The complaint must be sufficiently substantiated and/or explained by the Customer in order for Front Trading to consider the complaint.
  3. Front Trading will respond substantively to the complaint as soon as possible, but no later than 21 working days after receipt of the complaint.
  4. The parties will try to reach a solution jointly.
Article 28 - Applicable law
  1. Any Agreement between Front Trading and Customer shall be governed by Dutch law. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
  2. In case of interpretation of the contents and scope of these terms of service, the Dutch text thereof shall always be decisive. Front Trading shall be entitled to unilaterally amend these terms of service.
  3. All disputes arising from or as a result of the Agreement between Front Trading and Customer shall be settled in the competent court of The Hague District Court unless provisions of mandatory law lead to the jurisdiction of another court.
The Hague, 11 June 2024

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