Terms & Conditions

Article 1. Identity of the entrepreneur and applicability

The one-man business Grow Like Bamboo, established in Leeuwarden, is registered in the trade register of the Chamber of Commerce in Leeuwarden with number 67839185. Postal and visiting address of Grow Like Bamboo Icarusweg 16, 8938AX. Telephone number: +31 (0)85 130 24 37 Email: info@bamboemarketing.nl

These terms and conditions apply to every legal relationship between Grow Like Bamboo (hereinafter: “Grow Like Bamboo”) and its clients. General terms and conditions of clients are expressly rejected in advance.

These terms and conditions also apply to any legal relationship between Grow Like Bamboo and its contractors. General terms and conditions of contractors are expressly rejected in advance.

Auxiliaries and employees of Grow Like Bamboo fall under these general terms and conditions as BAMBOE MARKETING.

For the sake of brevity, the client and the contractor are hereinafter referred to as “Other Party”.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or should be annulled, the other provisions of these general terms and conditions will remain fully applicable. Grow Like Bamboo and the Other Party will then enter into consultations in order to agree on new provisions to replace the void or voided provisions, whereby the purpose and purport of the original provisions will be taken into account as much as possible.

If Grow Like Bamboo does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that Grow Like Bamboo would in any way lose the right to strictly comply with the provisions of these terms and conditions in other cases. to desire.

Article 2. Quotations and offers

All quotes and offers from Grow Like Bamboo are without obligation, unless otherwise agreed. A quotation and offer is valid up to 30 days after date, unless agreed otherwise in writing.

Grow Like Bamboo reserves the right to revoke the agreement within 14 days after acceptance.

Grow Like Bamboo cannot be held to its quotations or offers if the Other Party can reasonably understand that the quotations or offers, or a part thereof, contain an obvious error or 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 costs, shipping and administration costs, unless agreed otherwise in writing.

If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or offer, Grow Like Bamboo is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless Grow Like Bamboo agrees to the change.

A composite quotation does not oblige Grow Like Bamboo to perform part of the assignment against a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders, unless agreed otherwise in writing.

Article 3. Contract term; execution terms, execution and amendment of the agreement; price increase

The agreement between Grow Like Bamboo and the Other Party is entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.

If a period has been agreed or specified for the performance of certain activities or for the delivery of certain goods, this is never a strict deadline. The Other Party must give Grow Like Bamboo written notice of default if a term is exceeded. Grow Like Bamboo must be offered a reasonable period of time to still implement the agreement.

Grow Like Bamboo will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. All this is on the basis of the state of the art known at that time.

Grow Like Bamboo has the right to have certain activities performed by third parties. The applicability of articles 7:404, 7:407 paragraph 2, and 7:409 of the Dutch Civil Code is expressly excluded.

If work is performed by Grow Like Bamboo or third parties engaged by Grow Like Bamboo in the context of the assignment at the location of the Other Party or a location designated by the Other Party, the Other Party will provide the facilities reasonably desired by those employees free of charge.

Delivery is ex-works from Grow Like Bamboo. The Other Party is obliged to take delivery of the goods at the moment they are made available to it. If the Other Party refuses to take delivery or is negligent in providing information or instructions that are necessary for the delivery, Grow Like Bamboo is entitled to store the goods at the expense and risk of the Other Party. The risk of loss, damage, or depreciation is transferred to the Other Party at the moment when goods are available to the Other Party.

Grow Like Bamboo is entitled to execute the agreement in different phases and to invoice the part thus executed separately.

If the agreement is executed in phases, Grow Like Bamboo can suspend the execution of those parts that belong to a subsequent phase until the Other Party has approved the results of the preceding phase in writing.

Grow Like Bamboo can never be held liable for defects or non-compliance with the agreement if Grow Like Bamboo depends on what the Other Party must supply in order to correctly comply with the agreement. Consider, for example, the content required for the development of a website. Grow Like Bamboo can provide the Other Party with a reasonable period of time to still comply with the delivery of such supplies. If the Other Party still fails to provide relevant information within this period, Grow Like Bamboo will be entitled to charge the Other Party default interest or reasonable costs for the delay.

Grow Like Bamboo is not liable for damage, of any nature whatsoever, because Grow Like Bamboo is based on incorrect and/or incomplete information provided by the Other Party.

If during the execution of the agreement, it appears that it is necessary to change or supplement it for proper execution, then the parties will proceed to amend 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 instruction of the Other Party, of the competent authorities, etc., is changed and the agreement is changed in qualitative and/or quantitative terms as a result, this may have consequences for what was originally agreed. As a result, the originally agreed amount can also be increased or decreased. Grow Like Bamboo will provide a price quote in advance as much as possible. An amendment to the agreement may also change the originally stated term of execution.

If the agreement is amended, including an addition, Grow Like Bamboo is entitled to implement it only after approval has been given by the person authorized within Grow Like Bamboo and the Other Party has agreed to the price stated for the implementation and other conditions, including the time to be determined at that time at which they will be implemented. The non-execution or non-immediate implementation of the amended agreement does not constitute a breach of contract on the part of Grow Like Bamboo and is no reason for the Other Party to terminate or cancel the agreement.

Without being in default, Grow Like Bamboo can refuse a request to amend the agreement if this could have qualitative and/or quantitative consequences, for example for the work to be performed or goods to be delivered in that context.

If Grow Like Bamboo agrees to a fixed fee or price with the Other Party, Grow Like Bamboo is nevertheless entitled at all times to increase this fee or price without the Other Party being entitled to dissolve the agreement for that reason. , if the price increase arises 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 on other grounds that were not reasonably foreseeable when the agreement was entered into.

If the price increase other than as a result of an amendment to the agreement amounts to more than 10% and takes place within three months after the conclusion of the agreement, then only the Other Party is entitled to dissolve the agreement by means of a written statement unless Grow Like Bamboo is prepared to perform the agreement on the basis of what was originally agreed:- if the price increase results from power or a grow Like Bamboo resting obligation under the law;

- if the price increase results from power or a Grow Like Bamboo resting obligation
under the law;

- if it has been stipulated that the delivery will take place more than three months after the conclusion of the agreement;

- or, upon delivery of an item, if it has been stipulated that the delivery will take place more than three months after the purchase.

If Grow Like Bamboo has delivered its product and/or service with the result that the agreement has been terminated as in Article 3.17, Grow Like Bamboo is entitled to charge costs in accordance with its hourly wage if the Other Party requires additional work. Think, for example, of adjusting the Other Party's website or providing login details.

Article 4. Suspension, dissolution and premature termination of the agreement

Grow Like Bamboo is authorized to suspend the fulfillment of its obligations or to dissolve the agreement if the Other Party does not, not fully or not timely fulfill its obligations under the agreement and also if Grow Like Bamboo has become aware of it after the agreement has been concluded. circumstances give good grounds to fear that the Other Party will not fulfill its obligations. This also applies if the Other Party was requested to provide security for the fulfillment of its obligations under the agreement when the agreement was concluded and this security is not provided or is insufficient or if due to the delay on the part of the Other Party Grow Like no longer Bamboo may be required to comply with the agreement under the originally agreed conditions.

Furthermore, Grow Like Bamboo is authorized to dissolve the agreement if circumstances arise of such a nature that fulfillment of the agreement is impossible or if other circumstances arise that are of such a nature that unaltered maintenance of the agreement cannot reasonably be expected of Grow Like. Bamboo can be required.

If the agreement is dissolved, Grow Like Bamboo's claims against the Other Party are immediately due and payable. If Grow Like Bamboo suspends compliance with its obligations, it will retain its claims under the law and the agreement.

If Grow Like Bamboo proceeds to suspension or dissolution, it is in no way obliged to pay compensation for damage and costs incurred in any way as a result.

If the dissolution is attributable to the Other Party, Grow Like Bamboo is entitled to compensation for the damage, including the costs, resulting directly and indirectly.

If the Other Party fails to fulfill its obligations arising from the agreement and this non-fulfillment justifies dissolution, Grow Like Bamboo is entitled to dissolve the agreement immediately and with immediate effect without any obligation on its part to pay any compensation or compensation, while the Other Party, under of default, but compensation or compensation is required.

If the agreement is terminated prematurely by Grow Like Bamboo, Grow Like Bamboo will, in consultation with the Other Party, arrange for the transfer of work still to be performed to third parties. This is unless the cancellation is attributable to the Other Party. If the transfer of the activities entails additional costs for Grow Like Bamboo, these will be charged to the Other Party. The Other Party is obliged to pay these costs within the aforementioned period unless Grow Like Bamboo indicates otherwise.

In the event of liquidation, (application for) suspension of payments or bankruptcy, of attachment - if and insofar as the attachment has not been lifted within three months - at the expense of the Other Party, of debt restructuring or any other circumstance as a result of which the Other Party can no longer freely dispose of its assets, Grow Like Bamboo is free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation on its part to pay any compensation or compensation. In that case, Grow Like Bamboo's claims against the Other Party are immediately due and payable.

If the Other Party cancels a placed order in whole or in part, the work that has been carried out and the goods ordered or prepared for this, increased by any transport and delivery costs thereof and the working time reserved for the execution of the agreement, will be fully paid to the Other Party. be charged.

Article 5. Force majeure

Grow Like Bamboo is not obliged to fulfill any obligation towards the Other Party if it is prevented from doing so as a result of a circumstance that cannot be attributed to a fault, and is not for its account under the law, a legal act, or generally accepted views. coming.

In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this respect by law and jurisprudence, all external causes, foreseen or unforeseen, over which Grow Like Bamboo cannot exert any influence, but as a result of which Grow Like Bamboo is unable to fulfill obligations. Strikes in the company of Grow Like Bamboo or third parties included. Grow Like Bamboo also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after Grow Like Bamboo should have fulfilled its obligation.

Grow Like Bamboo can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, then each of the parties is entitled to dissolve the agreement, without any obligation to pay damages to the other party.

Insofar as Grow Like Bamboo has already partially fulfilled its obligations under the agreement at the time of the commencement of force majeure or will be able to fulfill them, and the fulfilled or to be fulfilled part has independent value, Grow Like Bamboo is entitled to part to be invoiced separately. The Other Party is obliged to pay this invoice as if it were a separate agreement.

Article 6. Payment and collection costs

Payment must always be made within 14 days of the invoice date, in a manner to be indicated by Grow Like Bamboo, in the currency in which the invoice is made, unless otherwise indicated in writing by Grow Like Bamboo. Grow Like Bamboo is entitled to invoice periodically.

If the Other Party fails to pay an invoice on time, the Other Party will be in default by operation of law. The Other Party will then owe an interest of 8% per annum unless the statutory commercial interest has changed. The interest on the due and payable amount will be calculated from the moment the Other Party is in default until the moment of full payment. When online products are delivered and the Other Party fails to pay on time, Grow Like Bamboo is entitled to take the products offline until payment has been made in full.

Grow Like Bamboo has the right to have the payments made by the Other Party go first of all to reduce the costs, then to reduce the interest that has accrued, and finally to reduce the principal sum and the accrued interest. Grow Like Bamboo can, without being in default, refuse an offer of payment if the Other Party designates a different order for the allocation of the payment. Grow Like Bamboo can refuse full repayment of the principal if the outstanding and accrued interest and collection costs are not also paid.

The Other Party is never entitled to set off the amount it owes Grow Like Bamboo. Objections to the amount of an invoice do not suspend the payment obligation. The Other Party that cannot invoke Section 6.5.3 (Articles 231 to 247, Book 6 of the Dutch Civil Code) is also not entitled to suspend the payment of an invoice for any other reason.

If the Other Party is in default or in default in the (timely) fulfillment of its obligations, then all reasonable costs incurred in obtaining payment out of court will be borne by the Other Party. In any case, this includes the statutory extrajudicial collection costs in accordance with the BIK. Any judicial and execution costs incurred will also be recovered from the Other Party.

Article 7. Retention of title

The goods delivered by Grow Like Bamboo in the context of the agreement remain the property of Grow Like Bamboo until the Other Party has properly fulfilled all obligations under the agreement(s) concluded with Grow Like Bamboo.

The goods delivered by Grow Like Bamboo, which fall under the retention of title pursuant to Article 7.1, may not be resold and may never be used as a means of payment. The Other Party is not authorized to pledge or encumber in any other way what falls under the retention of title.

The Other Party must always do everything that may reasonably be expected of it to secure the property rights of Grow Like Bamboo. If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the Other Party is obliged to immediately inform Grow Like Bamboo thereof. Furthermore, the Other Party undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion, and water damage as well as against theft and to make the policy of this insurance available to Grow Like Bamboo on the first request. In the event of a possible payment from the insurance, Grow Like Bamboo is entitled to these payments.

In the event that Grow Like Bamboo wishes to exercise its property rights referred to in this article, the Other Party gives unconditional and irrevocable permission in advance to Grow Like Bamboo and third parties to be designated by Grow Like Bamboo to enter all those places where the properties of Grow Like Bamboo and take it back.

Article 8. Liability

Grow Like Bamboo only accepts liability in case of intent or gross negligence.

Grow Like Bamboo is not liable for damage of any nature whatsoever caused by Grow Like Bamboo relying on incorrect and/or incomplete information provided by or on behalf of the Other Party.

If Grow Like Bamboo should be liable for any damage, the liability of Grow Like Bamboo is limited to a maximum of twice the invoice amount.

The liability of Grow Like Bamboo is in any case always limited to the amount of the payment from its insurer where appropriate.

Grow Like Bamboo is never liable for indirect damage, including consequential damage, lost profit, missed savings, and damage due to business interruption.

Contrary to the statutory limitation periods, the limitation period of all claims and defenses against Grow Like Bamboo and the third parties involved by Grow Like Bamboo in the execution of an agreement is one year after the Other Party was aware or could reasonably have been aware of of the relevant right of claim.

Article 9. Indemnification

The Other Party indemnifies Grow Like Bamboo against any claims from third parties who suffer damage in connection with the execution of the agreement and the cause of which can be attributed to others than Grow Like Bamboo. If Grow Like Bamboo should be held liable by third parties on that basis, the Other Party is obliged to assist Grow Like Bamboo both in and out of court and to immediately do everything that may be expected of it in that case. Should the Other Party fail to take adequate measures, Grow Like Bamboo will be entitled to do so itself without notice of default. All costs and damage incurred by Grow Like Bamboo and third parties as a result thereof are fully for the account and risk of the Other Party.

Article 10. Intellectual property

Grow Like Bamboo reserves the rights and powers to which it is entitled under the Copyright Act and other intellectual laws and regulations. Grow Like Bamboo has the right to use the knowledge gained by the execution of an agreement for other purposes as well, insofar as no strictly confidential information of the Other Party is disclosed to third parties.

Article 11. Hosting

Grow Like Bamboo makes every effort to secure the data that the Other Party stores on Grow Like Bamboo's equipment in such a way that this data is not available to unauthorized persons. The Other Party determines the desired availability of the stored data by setting access rights.

Grow Like Bamboo makes every effort to inform the Other Party about the nature and expected duration of the interruption in the event of the service being unavailable due to malfunctions, maintenance, or other causes.

The other party will always inform Grow Like Bamboo immediately in writing of any changes in name, address, email and if requested, his/her bank or giro number.

The other party gives Grow Like Bamboo permission to process and store the data as in Article 12.3 and other personal data falling under the AVG, insofar as this is necessary for the correct execution of the agreement. The Other Party gives permission to store and retain this data for three years after the termination of the agreement.

The other party will refrain from storing and/or distributing erotic, mp3, warez, racist, discriminatory, and any other material that is prohibited by law. In addition, Grow Like Bamboo does not allow sending unsolicited e-mails (SPAM).

The Other Party shall refrain from hindering other Other Parties or internet users or causing damage to the servers. The Other Party is prohibited from starting up processes or programs, whether or not via the server, of which the Other Party knows or can reasonably suspect that this will hinder or damage Grow Like Bamboo, other Other Parties or internet users. Grow Like Bamboo will inform the Other Party of any measures.

The Other Party indemnifies Grow Like Bamboo against all legal claims with regard to the data, information, website(s), and the like stored by the Other Party.

The other party will comply with the netiquette.

Without permission from Grow Like Bamboo, the Other Party is prohibited from transferring the user name or user names and password or passwords provided by Grow Like Bamboo to third parties.

In addition to the obligations under the law, damage caused by incompetence or failure to act in accordance with the above points will be borne by the Other Party.

Grow Like Bamboo has the right to (temporarily) put products and services out of use and/or to limit their use, or not to deliver them or only to a limited extent if the Other Party does not fulfill an obligation towards Grow Like Bamboo with regard to the Agreement. comes or acts in time with these conditions.

Grow Like Bamboo guarantees an up-time of at least 99%. If the up-time is higher than this percentage, Grow Like Bamboo indemnifies itself from any liability as a result.

Article 12. Development of software

The parties will specify in writing which software will be developed and how this will be done. Grow Like Bamboo will carry out the development with care on the basis of the data to be provided by the Other Party, the accuracy, completeness, and consistency of which the Other Party guarantees.

Grow Like Bamboo is entitled, but not obliged, to investigate the correctness, completeness, or consistency of the data or specifications made available to it and to suspend the agreed work in the event of any imperfections until the Other Party has removed the relevant imperfections.

Without prejudice to the provisions of Article 11, the Other Party acquires the right to use the software in its company or organization. If and insofar as this has been expressly agreed in writing, the source code of the software and the technical documentation produced during the development of the software can be made available to the Other Party, and the Other Party is entitled to make changes to this software.

Grow Like Bamboo has the right to use open source components.

Article 13. User rights

Without prejudice to the provisions of Article 11.1, Grow Like Bamboo grants the Other Party the non-exclusive right to use the software. The other party will always strictly comply with the restrictions on use agreed upon between the parties. Without prejudice to the other provisions of these General Terms and Conditions, the Other Party's right of use only includes the right to load and execute the software.

The right of use is not transferable. The Other Party is not permitted to sell, rent, sublicense, alienate or grant limited rights to the software and carriers on which it is recorded or to make it available to a third party in any way or for any purpose whatsoever, including if the relevant third party uses the software exclusively for the benefit of the Other Party unless agreed otherwise in writing.

The source code of the software and the technical documentation produced during the development of the software will not be made available to the Other Party unless agreed otherwise in writing.

Article 14. Domain names and IP addresses

If it has been agreed on that Grow Like Bamboo will mediate for the Other Party in obtaining a domain name and/or IP address, the provisions of this article also apply.

The application, allocation, and possible use of a domain name and/or IP address depend on and are subject to the applicable rules and procedures of the relevant registering authorities, including the Stichting Internet Domeinregistratie Nederland. The relevant authority decides on the allocation of a domain name and/or IP address. Grow Like Bamboo only plays an intermediary role in the application and does not guarantee that an application will also be honored.

The other party can only find out the fact of registration from the confirmation letter from Grow Like Bamboo, which states that the requested domain name has been registered. An invoice for registration costs is not a confirmation of registration.

Domain names are registered in the name of the Other Party and the Other Party is fully responsible for the use of the domain and the domain name. The other party indemnifies Grow Like Bamboo against any claim from third parties in connection with the use of the domain name, even if Grow Like Bamboo has not mediated in the acquisition of the domain name.

Article 15. GDPR

The other party gives Grow Like Bamboo permission to use, process, and archive the information required for the agreement insofar as and for as long as this is necessary to properly comply with what has been agreed.

Article 16. Applicable law and disputes

Only Dutch law applies to all legal relationships to which Grow Like Bamboo is a party.

The court in the place where Grow Like Bamboo has its registered office has exclusive jurisdiction to hear disputes unless the law prescribes otherwise.

The parties will appeal to the courts after they have made every effort to settle a dispute in mutual consultation.

Article 17. Location and change of conditions

These terms and conditions have been filed with the Chamber of Commerce in Leeuwarden.

The most recently filed version or the version that applied at the time of the conclusion of the agreement with Grow Like Bamboo is always applicable.

The Dutch text of the general terms and conditions is always decisive for the interpretation thereof.

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