1. Definitions
Cooling-off period: the period within which the consumer can exercise their right of withdrawal.
Consumer: the Customer who is a natural person, not acting for purposes related to their trade, business, craft or profession.
Day: calendar day.
Digital content: data produced and supplied in digital form.
Continuing agreement: an agreement aimed at the regular delivery of goods, services and/or digital content over a certain period.
Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information.
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period.
Entrepreneur: the natural person or legal entity who offers products, (access to) digital content and/or services to consumers remotely, in this case LifeGoods Group B.V.
Distance contract: a contract concluded between LifeGoods Group B.V. and the Customer in the context of an organised system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the contract, only or also one or more means of distance communication are used.
Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions.
Distance communication: a means that can be used to conclude a contract, without the consumer and entrepreneur having to be in the same place at the same time.
2. General
These general terms and conditions apply to all offers, quotations and agreements of LifeGoods Group B.V. (Chamber of Commerce number 55693385), trading under the names Auronic, KitchenBrothers, LifeGoods, TRVLMORE and MOA, and a Customer to whom LifeGoods Group B.V. has declared these terms and conditions applicable, insofar as the parties have not expressly and in writing deviated from these terms and conditions.
These terms and conditions also apply to agreements with LifeGoods Group B.V., for the execution of which third parties must be involved by LifeGoods Group B.V.
These general terms and conditions are also written for the employees of LifeGoods Group B.V. and its management.
The applicability of any purchasing or other terms and conditions of the Customer is expressly rejected.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the remaining provisions of these general terms and conditions shall remain fully applicable. LifeGoods Group B.V. and the Customer shall then consult with each other to agree on new provisions to replace the void or annulled provisions, taking into account as much as possible the purpose and intent of the original provisions.
If there is any uncertainty regarding the interpretation of one or more provisions of these general terms and conditions, interpretation must take place ‘in the spirit’ of these provisions.
If a situation arises between the parties that is not regulated in these general terms and conditions, this situation must be assessed in the spirit of these general terms and conditions.
If LifeGoods Group B.V. does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that LifeGoods Group B.V. would lose any right to require strict compliance with the provisions of these terms and conditions in other cases.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, LifeGoods Group B.V. will, before the distance contract is concluded, indicate how the general terms and conditions can be inspected at LifeGoods Group B.V. and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
3. Quotations and offers
All quotations and offers from LifeGoods Group B.V. are without obligation, unless a period for acceptance is stated in the quotation. A quotation or offer lapses if the product to which the quotation or offer relates is no longer available in the meantime.
LifeGoods Group B.V. cannot be held to its quotations or offers if the Customer can reasonably understand that the quotations or offers, or any part thereof, contain an obvious mistake or clerical error.
The prices stated in a quotation or offer are exclusive of VAT and other government levies, any costs to be incurred in the context of the agreement, including travel and accommodation, shipping and administration costs, unless otherwise indicated.
If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or offer, LifeGoods Group B.V. is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless LifeGoods Group B.V. indicates otherwise.
A composite quotation does not oblige LifeGoods Group B.V. to perform part of the assignment or partial delivery of items at a corresponding part of the quoted price. Offers or quotations do not automatically apply to future orders.
4. Duration of contract; delivery times, execution and modification of agreement
The agreement between LifeGoods Group B.V. and the Customer is entered into for an indefinite period unless the nature of the agreement dictates otherwise or if the parties expressly and in writing agree otherwise.
If a period has been agreed or specified for the completion of certain work or for the delivery of certain goods, this shall never be a strict deadline. If a deadline is exceeded, the Customer must therefore give LifeGoods Group B.V. notice of default in writing. LifeGoods Group B.V. must be given a reasonable period to still perform the agreement.
If LifeGoods Group B.V. requires information from the Customer for the execution of the agreement, the execution period does not commence until after the Customer has provided this to LifeGoods Group B.V. correctly and completely.
Delivery takes place ex works of LifeGoods Group B.V., unless otherwise agreed in writing. The Customer is obliged to take delivery of the goods at the moment they are made available to them. If the Customer refuses to take delivery or is negligent in providing information or instructions necessary for delivery, LifeGoods Group B.V. is entitled to store the goods at the expense and risk of the Customer.
LifeGoods Group B.V. has the right to have certain work carried out by third parties.
LifeGoods Group B.V. is entitled to execute the agreement in different phases and to invoice the part thus executed separately.
If the agreement is executed in phases, LifeGoods Group B.V. may suspend the execution of those parts that belong to a subsequent phase until the Customer has fulfilled their (financial) obligations regarding the preceding phase(s).
If during the execution of the agreement it becomes apparent that it is necessary to amend or supplement it for proper execution, the parties will proceed to adjust the agreement in good time and in mutual consultation. If the nature, scope or content of the agreement, whether or not at the request or indication of the Customer, of the competent authorities, etc., is changed and the agreement is thereby changed in qualitative and/or quantitative respect, this may also have consequences for what was originally agreed. As a result, the originally agreed amount may be increased or decreased. LifeGoods Group B.V. will provide a price quotation in advance as much as possible. A change to the agreement may also alter the originally stated period of execution. The Customer accepts the possibility of amendment of the agreement, including the change in price and period of execution.
If the agreement is amended, including an addition, LifeGoods Group B.V. is entitled to implement it only after approval has been given by the person authorised within LifeGoods Group B.V. and the Customer has agreed to the price and other conditions stated for the execution, including the time to be determined at which it will be implemented. Not implementing or immediately implementing the amended agreement does not constitute a breach of contract by LifeGoods Group B.V. and is not a ground for the Customer to terminate the agreement. Without being in default, LifeGoods Group B.V. may refuse a request to amend the agreement if this could have qualitative and/or quantitative consequences for the work to be performed or goods to be delivered in that context, for example.
If the Customer defaults on the proper fulfilment of their obligations to LifeGoods Group B.V., the Customer is liable for all damage (including costs) suffered by LifeGoods Group B.V. directly or indirectly as a result.
If LifeGoods Group B.V. agrees on a fixed price with the Customer, LifeGoods Group B.V. is nevertheless entitled at all times to increase this price without the Customer being entitled to terminate the agreement for that reason, if the increase in price results from a power or obligation under the law or regulations or is caused by an increase in the price of raw materials, wages, etc. or other grounds that could not reasonably have been foreseen at the time the agreement was entered into.
If the price increase, other than as a result of an amendment to the agreement, exceeds 10% and occurs within three months after the agreement is concluded, only the Customer who can invoke Title 5 Section 3 of Book 6 of the Dutch Civil Code is entitled to terminate the agreement by written declaration, unless LifeGoods Group B.V. is still prepared to execute the agreement based on the original agreement, or if the price increase results from a power or obligation on LifeGoods Group B.V. under the law or if it has been stipulated that delivery will take place more than three months after purchase.
If the agreement is concluded electronically, LifeGoods Group B.V. will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, LifeGoods Group B.V. will take appropriate security measures for this purpose.
In the case of a distance contract, LifeGoods Group B.V. will, at the latest upon delivery of the product, service or digital content to the consumer, provide the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
a. the visiting address of the establishment of LifeGoods Group B.V. where the consumer can address complaints;
b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.
5. Suspension, dissolution and interim termination of the agreement
LifeGoods Group B.V. is authorised to suspend the fulfilment of the obligations or to dissolve the agreement if:
the Customer does not, not fully or not timely fulfil the obligations of the agreement;
after the agreement is concluded, circumstances that come to the knowledge of LifeGoods Group B.V. give good reason to fear that the Customer will not fulfil their obligations;
the Customer was asked at the conclusion of the agreement to provide security for the fulfilment of their obligations under the agreement and this security is not provided or is insufficient;
If, due to the delay on the part of the Customer, LifeGoods Group B.V. can no longer be expected to fulfil the agreement under the originally agreed conditions, LifeGoods Group B.V. is entitled to dissolve the agreement.
Furthermore, LifeGoods Group B.V. is authorised to dissolve the agreement if circumstances arise of such a nature that fulfilment of the agreement is impossible or if other circumstances arise of such a nature that unaltered maintenance of the agreement cannot reasonably be expected of LifeGoods Group B.V.
If the agreement is dissolved, the claims of LifeGoods Group B.V. on the Customer are immediately due and payable. If LifeGoods Group B.V. suspends the fulfilment of the obligations, they retain their claims under the law and agreement.
If LifeGoods Group B.V. proceeds to suspension or dissolution, they are in no way obliged to compensate for any damage and costs that may arise in any way.
If the dissolution is attributable to the Customer, LifeGoods Group B.V. is entitled to compensation for the damage, including the costs, incurred directly and indirectly as a result.
If the Customer fails to fulfil their obligations under the agreement and this non-fulfilment justifies dissolution, LifeGoods Group B.V. is entitled to dissolve the agreement immediately and with immediate effect without any obligation on their part to pay any compensation or indemnity, while the Customer, due to default, is obliged to pay compensation or indemnity.
In the event of liquidation, (application for) suspension of payment and/or bankruptcy, attachment – if and insofar as the attachment is not lifted within three months – against the Customer, debt restructuring or any other circumstance whereby the Customer can no longer freely dispose of their assets, the Customer is in default by operation of law and LifeGoods Group B.V. is free to terminate and/or dissolve the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation on their part to pay any compensation or indemnity. The claims of LifeGoods Group B.V. on the Customer are in that case immediately due and payable.
If the Customer cancels a placed order in whole or in part, the goods ordered or prepared for this purpose, plus any supply, removal and delivery costs thereof and the labour time reserved for the execution of the agreement, will be charged in full to the Customer.
6. Right of withdrawal for distance contracts
The Customer, who is a consumer, may terminate a distance contract relating to the purchase of a product within a cooling-off period of 14 days without giving any reason. LifeGoods Group B.V. may ask the consumer for the reason for withdrawal, but may not require them to state their reason(s).
The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received the product, or:
if the consumer has ordered multiple products in one order: the day on which the consumer, or a third party designated by them, has received the last product. LifeGoods Group B.V. may, provided that they have clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times;
if the delivery of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by them, has received the last consignment or part;
for agreements for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, has received the first product.
7. Obligations of the consumer during the cooling-off period for distance contracts
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The guiding principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a shop. Thus, a claim for withdrawal by LifeGoods Group B.V. will not be honoured if it appears that the products supplied by them have already been processed and/or damaged by the consumer.
The consumer is only liable for any diminished value of the product resulting from handling the product in a manner beyond what is permitted in paragraph 1.
The consumer is not liable for any diminished value of the product if LifeGoods Group B.V. has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the contract.
8. Exercise of the right of withdrawal by the consumer and costs thereof for distance contracts
If the consumer exercises their right of withdrawal, they must notify LifeGoods Group B.V. within the cooling-off period by means of the model withdrawal form or by other unequivocal means.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) LifeGoods Group B.V. This is not required if LifeGoods Group B.V. has offered to collect the product themselves. The consumer has in any case observed the return period if they return the product before the cooling-off period has expired.
The consumer shall return the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by LifeGoods Group B.V.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If LifeGoods Group B.V. has not stated that the consumer must bear these costs or if LifeGoods Group B.V. indicates that they will bear the costs themselves, the consumer does not have to bear the costs of return shipment.
9. Obligations of LifeGoods Group B.V. in the event of withdrawal for distance contracts
If LifeGoods Group B.V. makes it possible for the consumer to notify withdrawal electronically, they will send an acknowledgement of receipt without delay after receiving this notification.
LifeGoods Group B.V. will reimburse all payments made by the consumer, including any delivery costs charged by LifeGoods Group B.V. for the returned product, without delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless LifeGoods Group B.V. offers to collect the product themselves, they may wait with repayment until they have received the product or until the consumer proves that they have returned the product, whichever is earlier.
LifeGoods Group B.V. will use the same means of payment for reimbursement as the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
10. Force majeure
LifeGoods Group B.V. is not obliged to fulfil any obligation towards the Customer if they are prevented from doing so as a result of a circumstance that is not due to fault, nor under the law, a legal act or generally accepted practice for their account.
In these general terms and conditions, force majeure is understood, in addition to what is understood in law and case law, to mean all external causes, foreseen or unforeseen, over which LifeGoods Group B.V. has no influence, but which prevent LifeGoods Group B.V. from fulfilling their obligations. This includes strikes in the company of LifeGoods Group B.V. or of third parties. LifeGoods Group B.V. is also entitled to invoke force majeure if the circumstance preventing (further) fulfilment of the agreement occurs after LifeGoods Group B.V. should have fulfilled their obligation.
LifeGoods Group B.V. may suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to dissolve the agreement, without any obligation to compensate damage to the other party.
Insofar as LifeGoods Group B.V. has already partially fulfilled their obligations under the agreement at the time the force majeure occurs or will be able to fulfil them, and the fulfilled or to be fulfilled part has independent value, LifeGoods Group B.V. is entitled to invoice the already fulfilled or to be fulfilled part separately. The Customer is obliged to pay this invoice as if it were a separate agreement.
11. Payment and collection costs
Payment must be made within 30 days of the invoice date, in a manner indicated by LifeGoods Group B.V. in the currency in which the invoice is issued, unless otherwise indicated in writing by LifeGoods Group B.V. LifeGoods Group B.V. is entitled to invoice periodically.
If the Customer fails to pay an invoice on time, the Customer is legally in default. The Customer will then owe interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the due amount will be calculated from the moment the Customer is in default until the moment of payment of the full amount due.
LifeGoods Group B.V. has the right to have the payments made by the Customer first deducted from the costs, then from the accrued interest and finally from the principal sum and the current interest.
LifeGoods Group B.V. may, without being in default, refuse an offer of payment if the Customer designates a different sequence for the allocation of the payment. LifeGoods Group B.V. may refuse full repayment of the principal sum if the outstanding and current interest and collection costs are not also paid.
The Customer is never entitled to set off what they owe to LifeGoods Group B.V.
Objections to the amount of an invoice do not suspend the payment obligation. The Customer who cannot invoke Section 6.5.3 (Articles 231 to 247 Book 6 Dutch Civil Code) is also not entitled to suspend payment of an invoice for any other reason.
If the Customer is in default or in arrears in the (timely) fulfilment of their obligations, all reasonable costs incurred in obtaining payment out of court are for the account of the Customer. The extrajudicial costs are calculated on the basis of what is customary in Dutch debt collection practice, currently the calculation method according to the Decree on compensation for extrajudicial collection costs of 27 March 2012 (Staatsblad 2012/142). However, if LifeGoods Group B.V. has incurred higher collection costs with regard to a Customer who is not a consumer that were reasonably necessary, the actual costs incurred are eligible for reimbursement. The Customer also owes statutory (commercial) interest on the due extrajudicial collection costs.
12. Retention of title
All goods delivered by LifeGoods Group B.V. under the agreement remain the property of LifeGoods Group B.V. until the Customer has fully complied with all obligations under all agreements concluded with LifeGoods Group B.V.
Goods delivered by LifeGoods Group B.V., which are subject to retention of title under paragraph 1, may not be resold, unless the sale takes place for the normal course of business of the Customer. However, the goods delivered may never be used as a means of payment. The Customer is not authorised to pledge or otherwise encumber the goods subject to retention of title. This provision has a proprietary effect.
The Customer must always do everything that may reasonably be expected of them to safeguard the ownership rights of LifeGoods Group B.V.
If third parties seize the goods delivered under retention of title or wish to establish or assert rights to them, the Customer is obliged to inform LifeGoods Group B.V. immediately.
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 provide the policy of this insurance for inspection to LifeGoods Group B.V. on first request. In the event of any insurance payment, LifeGoods Group B.V. is entitled to these monies. Insofar as necessary, the Customer undertakes in advance towards LifeGoods Group B.V. to cooperate with all that may (prove to) be necessary or desirable in this context.
In the event that LifeGoods Group B.V. wishes to exercise their ownership rights as indicated in this article, the Customer gives unconditional and irrevocable permission in advance to LifeGoods Group B.V. and third parties designated by LifeGoods Group B.V. to enter all places where the properties of LifeGoods Group B.V. are located and to take back those goods.
13. Guarantees, inspection and complaints, limitation period
The goods to be delivered by LifeGoods Group B.V. comply with the usual requirements and standards that can reasonably be set for them at the time of delivery and for which they are intended in normal use in the Netherlands. The guarantee mentioned in this article applies to goods intended for use within the Netherlands. When used outside the Netherlands, the Customer must verify themselves whether their use is suitable for use there and meets the conditions set for them. In that case, LifeGoods Group B.V. may set other guarantee and other conditions regarding the goods to be delivered or work to be performed.
The guarantee referred to in paragraph 1 of this article applies for a period of 6 months after delivery, unless the nature of the item delivered dictates otherwise or the parties have agreed otherwise. If the guarantee provided by LifeGoods Group B.V. concerns an item produced by a third party, the guarantee is limited to that provided by the producer of the item, unless otherwise stated.
Any form of guarantee lapses if a defect has arisen as a result of or is the result of improper or inappropriate use thereof, incorrect storage or maintenance by the Customer and/or by third parties when, without written consent of LifeGoods Group B.V., the Customer or third parties have made or attempted to make changes to the item, items have been attached to it that should not be attached or if these have been processed or handled in a way other than prescribed. The Customer is also not entitled to a guarantee if the defect is caused by or arises from circumstances beyond the control of LifeGoods Group B.V., including weather conditions (such as, but not limited to, extreme rainfall or temperatures), etc.
The Customer is obliged to inspect (or have inspected) the delivered goods immediately at the moment the goods are made available to them or the relevant work has been carried out. The Customer must check whether the quality and/or quantity of the delivered goods corresponds to what was agreed and meets the requirements agreed by the parties in this regard. Any visible defects must be reported to LifeGoods Group B.V. in writing within seven days of delivery. Any non-visible defects must be reported to LifeGoods Group B.V. in writing immediately, but in any case no later than fourteen days after their discovery. The notification must contain as detailed a description as possible of the defect, so that LifeGoods Group B.V. is able to respond adequately. The Customer must give LifeGoods Group B.V. the opportunity to investigate a complaint (or have it investigated).
Complaints will not be processed if the delivered goods are no longer in their original condition, such as products that have already been processed or handled.
If the Customer, who is not a consumer, complains in time, this does not suspend their payment obligation. In that case, the Customer is also obliged to purchase and pay for the other goods ordered.
If a defect as referred to in paragraph 4 is reported later, the Customer is no longer entitled to repair, replacement or compensation.
If it is established that an item is defective and a complaint has been made in time, LifeGoods Group B.V. will, at their discretion, replace or repair the defective item within a reasonable period after return receipt thereof or, if return is not reasonably possible, after written notification regarding the defect by the Customer, or pay a replacement compensation to the Customer. In the case of replacement, the Customer is obliged to return the replaced item to LifeGoods Group B.V. and to transfer ownership thereof to LifeGoods Group B.V., unless LifeGoods Group B.V. indicates otherwise.
If it is established that a complaint is unfounded, the costs incurred as a result, including research costs, on the part of LifeGoods Group B.V., will be borne in full by the Customer.
After expiry of the guarantee period, all costs for repair or replacement, including administration, shipping and call-out charges, will be charged to the Customer.
In deviation from the statutory limitation periods, the limitation period for all claims and defences against LifeGoods Group B.V. and third parties involved by LifeGoods Group B.V. in the execution of an agreement is one year.
14. Liability
If LifeGoods Group B.V. is liable, this liability is limited to what is regulated in this provision.
LifeGoods Group B.V. is not liable for any damage of any kind caused by LifeGoods Group B.V. relying on incorrect and/or incomplete data provided by or on behalf of the Customer.
If LifeGoods Group B.V. is liable for any damage, the liability of LifeGoods Group B.V. is limited to a maximum of twice the invoice value of the order, or at least to that part of the order to which the liability relates.
The liability of LifeGoods Group B.V. is in any case always limited to the amount of the payout by their insurer in that case.
LifeGoods Group B.V. is only liable for direct damage.
Direct damage is understood exclusively as the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage in the sense of these terms and conditions, any reasonable costs incurred to ensure that the defective performance of LifeGoods Group B.V. complies with the agreement, insofar as these can be attributed to LifeGoods Group B.V., and reasonable costs incurred to prevent or limit damage, insofar as the Customer demonstrates that these costs have led to the limitation of direct damage as referred to in these general terms and conditions.
LifeGoods Group B.V. is never liable for indirect damage, including consequential damage, lost profit, missed savings and damage due to business interruption.
The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of LifeGoods Group B.V. or their managerial subordinates.
15. Transfer of risk
The risk of loss, damage or depreciation passes to the Customer at the moment the goods are brought under the control of the Customer or a third party designated by the Customer.
The transport of the goods is at the expense and risk of LifeGoods Group B.V., unless the Customer engages a carrier at their own expense. In that case, the risk referred to in paragraph 1 of this article passes to the Customer at the moment the goods are brought under the control of the carrier.
16. Indemnity
The Customer indemnifies LifeGoods Group B.V. against any claims from third parties who suffer damage in connection with the execution of the agreement and whose cause is attributable to others than LifeGoods Group B.V.
If LifeGoods Group B.V. is held liable by third parties for this reason, the Customer is obliged to assist LifeGoods Group B.V. both out of court and in court and to do everything that may be expected of them in that case without delay. Should the Customer fail to take adequate measures, LifeGoods Group B.V. is entitled, without notice of default, to take such measures themselves. All costs and damages on the part of LifeGoods Group B.V. and third parties thereby incurred are entirely at the expense and risk of the Customer.
17. Applicable law and disputes
All legal relationships in which LifeGoods Group B.V. is a party are governed exclusively by Dutch law, even if an obligation is wholly or partly performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
The court in the place of establishment of LifeGoods Group B.V. has exclusive jurisdiction to hear disputes, unless the law imperatively prescribes otherwise. Nevertheless, LifeGoods Group B.V. has the right to submit the dispute to the competent court according to the law.
The parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement.
18. Location and amendment of the terms and conditions
The version that applied at the time the legal relationship with LifeGoods Group B.V. was established is always applicable.
LifeGoods Group B.V. is entitled to periodically review and amend these general terms and conditions.
The Dutch text of the general terms and conditions is always decisive for their interpretation.