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Email: info@pigini.nl
Website: www.pigini.nl

1. Pigini Netherlands, established in Twello under Chamber of Commerce no. 02062533
2. Customer: the person with whom Pigini Nederland has entered into an agreement.
3. Parties: Pigini Netherlands and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.

1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Pigini Nederland.
2. The parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.
3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.

1. All prices used by Pigini Nederland are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or otherwise agreed.
2. All prices that Pigini Nederland uses for its products and services, on its website or that are otherwise made known, can be changed at any time.
3. Increases in the cost prices of products or parts thereof, which Pigini Nederland could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to terminate a contract as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
5. The price with regard to a service is determined by Pigini Nederland on the basis of the hours actually spent.
6. The price is calculated according to the usual hourly rates of Pigini Nederland, applicable for the period in which he performs the work, unless a different hourly rate has been agreed.
7. If the parties have agreed on a total amount for a service provided by Pigini Nederland, this is always a target price, unless the parties have expressly agreed in writing on a fixed price, from which it is not possible to deviate.
8. Pigini Nederland is entitled to deviate up to 10% from the target price.
9. If the target price is more than 10% higher, Pigini Nederland must inform the customer in good time why a higher price is justified.
10. If the target price is more than 10% higher, the client has the right to cancel the part of the order that exceeds the target price plus 10%.
11. Pigini Nederland has the right to adjust the prices annually.
12. Prior to its implementation, Pigini Nederland will communicate price adjustments to the customer.
13. The consumer has the right to terminate the agreement with Pigini Nederland if he does not agree with the price increase.

1. Products are paid for immediately.
2. Pigini Nederland may require a deposit of up to 50% of the agreed amount when entering into the agreement regarding a service.
3. The customer must pay invoices to Pigini Nederland within the invoice date, unless the parties have made other agreements about this or a different payment term is stated on the invoice.
4. Payment terms are considered to be strict payment terms. This means that if the customer has not paid the agreed amount by the last day of the payment term at the latest, he is in default and in default by operation of law, without Pigini Nederland having to send the customer a reminder or notice of default.
5. Pigini Nederland reserves the right to make a delivery conditional on immediate payment or to require a security for the total amount of the service.

1. If the customer does not pay within the agreed term, Pigini Nederland is entitled to charge the statutory interest rate of 2% per month for non-commercial transactions and the statutory interest rate of 8% per month for commercial transactions from the day that the customer is in default, whereby part of a month is counted as a whole month.
2. If the customer is in default, he also owes extrajudicial collection costs and any compensation to Pigini Nederland.
3. The collection costs are calculated on the basis of the Extrajudicial Collection Costs Compensation Decree.
4. If the customer does not pay on time, Pigini Nederland may suspend its obligations until the customer has fulfilled his payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, the claims of Pigini Nederland against the customer are immediately due and payable.
6. If the customer refuses to cooperate with the execution of the agreement by Pigini Nederland, he is still obliged to pay the agreed price to Pigini Nederland.

1. As soon as the customer is in default, Pigini Nederland is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
2. Pigini Netherlands invokes the right to complain by means of a written or electronic communication.
3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Pigini Nederland, unless the parties make other agreements about this.
4. The costs of collecting or returning the products are borne by the customer.

1. A consumer can cancel an online purchase during a cooling-off period of 14 days without giving a reason provided that:
   1. the product has not been used
   2. it is not a product that can spoil quickly, such as food or flowers
   3. it is not a product that has been specially tailored or adapted for the consumer
   4. it is not a product that cannot be returned for hygiene reasons (underwear, swimwear, etc.)
   5. the seal is still intact in the case of data carriers containing digital content (DVDs, CDs, etc.)
   6. the product or service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity
   7. the product is not a separate magazine or newspaper
   8. it does not concern (an order for) emergency repair
   9. it does not concern bets and/or lotteries
   10. the consumer has not waived his right of withdrawal
   11. it is not a service that is fully performed with the consent of the customer within the 14 calendar day cooling-off period and where the customer has expressly declared that he waives the right of withdrawal
2. The cooling-off period of 14 days as referred to in paragraph 1 commences:
   1. on the day after the consumer has received the last product or part of 1 order
   2. as soon as the consumer has concluded the contract for the provision of the service
   3. as soon as the consumer has confirmed that he or she will purchase digital content via the internet
3. The consumer can invoke the right of withdrawal via info@pigini.nl.
4. The consumer is obliged to return the product to Pigini Nederland within 14 days after making his right of withdrawal known, failing which his right of withdrawal will expire.

1. If the consumer has made timely use of his right of withdrawal and as a result has returned the entire order to Pigini Nederland in a timely manner, Pigini Nederland will refund any shipping costs paid by the consumer to the consumer within 14 days after receipt of the order that has been returned in full on time.
2. The costs for delivery are only borne by Pigini Nederland insofar as the entire order is returned.

If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the entire order will be borne by the consumer.

Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

1. Pigini Nederland can invoke its right of retention and in that case keep products from the customer until the customer has paid all outstanding invoices with regard to Pigini Nederland, unless the customer has provided sufficient security for those costs.
2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Pigini Nederland.
3. Pigini Nederland is never liable for any damage that the customer may suffer as a result of using his right of retention.

Unless the customer is a consumer, the customer waives his right to set off a debt to Pigini Nederland against a claim against Pigini Nederland.

1. Pigini Nederland remains the owner of all delivered products until the customer has fully fulfilled all his payment obligations towards Pigini Nederland on the basis of any agreement concluded with Pigini Nederland, including claims for failure to perform.
2. Until then, Pigini Nederland can invoke its retention of title and take back the goods.
3. Before ownership is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If Pigini Nederland invokes its retention of title, the agreement is considered to be dissolved and Pigini Nederland has the right to claim damages, lost profit and interest.

1. Pigini Nederland remains the owner of all delivered products until the customer has fully fulfilled all his payment obligations towards Pigini Nederland on the basis of any agreement concluded with Pigini Nederland, including claims for failure to perform.
2. Until then, Pigini Nederland can invoke its retention of title and take back the goods.
3. Before ownership is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If Pigini Nederland invokes its retention of title, the agreement is considered to be dissolved and Pigini Nederland has the right to claim damages, lost profit and interest.

1. The delivery times specified by Pigini Nederland are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
2. The delivery time starts at the moment that the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation from Pigini Nederland.
3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Pigini Nederland cannot deliver within 14 days after having been reminded in writing or the parties have agreed otherwise.

The customer must ensure that the actual delivery of the products he has ordered can take place on time.

Transport costs are borne by the customer, unless the parties have agreed otherwise.

1. If the packaging of a delivered product is opened or damaged, the customer must, before receiving the product, have a note made by the forwarder or delivery person, failing which Pigini Nederland cannot be held liable for any damage.
2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to Pigini Nederland prior to transport, failing which Pigini Nederland cannot be held liable for any damage.

1. The customer undertakes to adequately insure and keep insured against fire, explosion and water damage as well as theft, among other things:
   • goods supplied that are necessary for the performance of the underlying agreement
   • Pigini Nederland’s business that is present at the customer’s premises
   • goods that have been delivered under retention of title
2. The customer provides the policy of these insurances for inspection at the first request of Pigini Nederland.

1. If the customer does not purchase ordered products until later than the agreed delivery date, the risk of a possible loss of quality is entirely for the customer.
2. Any additional costs as a result of premature or late purchase of products will be borne entirely by the customer.

1. When the parties have entered into an agreement with a service provision, this only contains an obligation to perform to the best of its ability and therefore no obligation to achieve a result.
2. The warranty with regard to products applies only to defects caused by faulty workmanship, construction or material.
3. The warranty does not apply in the event of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or improper use by the customer, as well as if the cause of the defect cannot be clearly determined.
4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties passes to the customer at the time when they are legally and/or factually delivered, or at least come into the control of the customer or of a third party who takes delivery of the product on behalf of the customer.

1. Pigini Nederland executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.
2. Pigini Nederland has the right to have the agreed services (partially) performed by third parties.
3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
4. It is the responsibility of the customer that Pigini Nederland can start the execution of the agreement in a timely manner.
5. If the customer has not ensured that Pigini Nederland can start the execution of the agreement on time, the resulting extra costs and/or extra hours will be borne by the customer.

1. The customer makes all information, data and documents that are relevant to the correct execution of the agreement available to Pigini Nederland in a timely manner and in the desired form and in the desired manner.
2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise follows from the nature of the agreement.
3. If and to the extent requested by the customer, Pigini Nederland will return the relevant documents.
4. If the customer does not make available the information, data or documents reasonably required by Pigini Nederland, or does not make them available in a timely or proper manner, and the execution of the agreement is delayed as a result, the resulting extra costs and extra hours will be borne by the customer.

The customer indemnifies Pigini Nederland against all claims from third parties in connection with the products and/or services delivered by Pigini Nederland.

1. The customer must examine a product or service provided by Pigini Nederland as soon as possible for any shortcomings.
2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Pigini Nederland of this as soon as possible, but in any case within 1 month after the shortcomings have been discovered.
3. Consumers must inform Pigini Nederland within 2 months of becoming aware of the shortcomings.
4. The customer must provide a description of the shortcoming that is as detailed as possible, so that Pigini Nederland is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing activities, this cannot in any case lead to Pigini Nederland being obliged to perform other activities than those agreed.

1. The customer must notify Pigini Nederland of notices of default in writing.
2. It is the customer’s responsibility that a notice of default actually reaches Pigini Nederland (in time).

If Pigini Nederland enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts they owe to Pigini Nederland on the basis of that agreement.

1. Pigini Nederland is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
2. If Pigini Nederland is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
3. Pigini Nederland is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
4. If Pigini Nederland is liable, this liability is limited to the amount that is paid out by a (professional) liability insurance and in the absence of (full) payment by an insurance company of the amount of the damage, the liability is limited to the (part of the) invoice amount to which the liability relates.
5. All images, photographs, colours, drawings, descriptions on the website or in a catalogue are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Any right of the customer to compensation from Pigini Nederland expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code

1. The customer has the right to dissolve the agreement if Pigini Nederland imputably fails to comply with its obligations, unless this shortcoming, given its special nature or minor importance, does not justify the dissolution.
2. If the fulfilment of the obligations by Pigini Nederland is not permanently or temporarily impossible, dissolution can only take place after Pigini Nederland is in default.
3. Pigini Nederland has the right to terminate the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if Pigini Nederland has become aware of circumstances that give him good reason to fear that the customer will not be able to fulfill his obligations properly.

1. In addition to the provisions of article 6:75 of the Dutch Civil Code, a shortcoming of Pigini Nederland in the fulfilment of any obligation towards the customer cannot be attributed to Pigini Nederland in a situation independent of the will of Pigini Nederland, as a result of which the fulfilment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfilment of its obligations cannot reasonably be attributed to Pigini Nederland required.
2. The force majeure situation referred to in paragraph 1 also includes, but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); breach of contract and force majeure by suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a force majeure situation occurs as a result of which Pigini Nederland is unable to fulfill 1 or more obligations to the customer, those obligations will be suspended until Pigini Nederland can meet them again.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
5. In a force majeure situation, Pigini Nederland does not owe any (damage) compensation, even if it enjoys any advantage as a result of the force majeure situation.

1. In addition to the provisions of article 6:75 of the Dutch Civil Code, a shortcoming of Pigini Nederland in the fulfilment of any obligation towards the customer cannot be attributed to Pigini Nederland in a situation independent of the will of Pigini Nederland, as a result of which the fulfilment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfilment of its obligations cannot reasonably be attributed to Pigini Nederland required.
2. The force majeure situation referred to in paragraph 1 also includes, but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); breach of contract and force majeure by suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a force majeure situation occurs as a result of which Pigini Nederland is unable to fulfill 1 or more obligations to the customer, those obligations will be suspended until Pigini Nederland can meet them again.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
5. In a force majeure situation, Pigini Nederland does not owe any (damage) compensation, even if it enjoys any advantage as a result of the force majeure situation.

1. In addition to the provisions of article 6:75 of the Dutch Civil Code, a shortcoming of Pigini Nederland in the fulfilment of any obligation towards the customer cannot be attributed to Pigini Nederland in a situation independent of the will of Pigini Nederland, as a result of which the fulfilment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfilment of its obligations cannot reasonably be attributed to Pigini Nederland required.
2. The force majeure situation referred to in paragraph 1 also includes, but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); breach of contract and force majeure by suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a force majeure situation occurs as a result of which Pigini Nederland is unable to fulfill 1 or more obligations to the customer, those obligations will be suspended until Pigini Nederland can meet them again.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
5. In a force majeure situation, Pigini Nederland does not owe any (damage) compensation, even if it enjoys any advantage as a result of the force majeure situation.

1. Rights of the customer from an agreement between parties cannot be transferred to third parties without the prior written consent of Pigini Nederland.
2. This provision is a clause with effect under property law within the meaning of Article 3:83, second paragraph, of the Dutch Civil Code.

1. If one or more provisions of these general terms and conditions prove to be null and void or voidable, this will not affect the other provisions of these terms and conditions.
2. In that case, a provision that is null and void or voidable will be replaced by a provision that comes closest to what Pigini Nederland had in mind when drawing up the terms and conditions in that regard.

1. Any agreement between the parties is exclusively governed by Dutch law.
2. The Dutch court in the district where Pigini Nederland is located / has its practice / office is exclusively competent to hear any disputes between the parties, unless the law prescribes otherwise.