General terms and conditions

Article 1 - Definitions

1.1 Tamaska: Tamaska, established in Winterswijk, Chamber of Commerce number 81292872.

1.2 Customer: the person with whom Tamaska has entered into an agreement.

1.3 Parties: Tamaska and Customer together.

1.4 Consumer: a Customer who is also an individual and who acts as a private person.

Article 2 - Applicability

2.1 These terms and conditions apply to all quotations, offers, work, orders,

agreements and deliveries of services or products by or on behalf of Tamaska.

2.2 Tamaska and the Customer may only deviate from these conditions if this has been agreed in writing.

2.3 Tamaska and the Customer exclude the applicability of the general terms and conditions of the Customer or of

expressly exclude others.

Article 3 - Prices

3.1 Tamaska uses prices in euros, including VAT and excluding any other costs such as administration or

shipping costs, unless otherwise agreed in writing.

3.2 Tamaska may always change the prices of its services and products on its website and in other expressions.

3.3 Tamaska and the Customer agree on a total amount as a guideline price for a service, unless otherwise agreed in writing.

is agreed.

3.4 Tamaska may deviate up to 10% from the target price.

3.5 Tamaska must inform the Customer in a timely manner why a higher price is justified if the target price is more

will then be 10% higher.

3.6 The Customer may cancel the part of the order that exceeds the target price (increased by 10%),

when the target price is more than 10% higher.

3.7 Tamaska may adjust prices annually.

3.8 Tamaska will communicate price adjustments to the Customer prior to their entry into force.

3.9 A consumer may terminate the agreement with Tamaska if he does not agree with the price increase.

Article 4 - Payments and payment terms

4.1 When entering into the agreement, Tamaska may request a down payment of up to 50% of the agreed amount.

4.2 The Customer must have made a subsequent payment within 7 days after delivery.

4.3 The payment terms used by Tamaska are fatal payment terms. This means that if the Customer fails to pay the payment, the Customer will be liable to pay the invoice amount.

If the agreed amount is not paid by the last day of the payment term, he will automatically be in default

and is in default, without Tamaska having to send a reminder to the Customer or put the Customer in default.

4.4 Tamaska may make a delivery dependent on immediate payment or demand security for

the total amount of the services or products.

Article 5 - Consequences of late payment

5.1 If the Customer does not pay within the agreed term, Tamaska may charge the statutory interest per month for non-

charge commercial transactions from the day the Customer is in default, whereby a part of a month

is calculated for a whole month.

5.2 If the Customer is in default, he must also pay extrajudicial collection costs and any

pay damages to Tamaska.

5.3 The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.

5.4 If the Customer does not pay on time, Tamaska may suspend its obligations until the Customer has paid.

5.5 In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the Customer, the claims

from Tamaska to the Customer immediately due and payable.

5.6 If the Customer refuses to cooperate with the execution of the agreement by Tamaska, he must still

pay the agreed price.

Article 6 - Right of withdrawal

6.1 A consumer may cancel an online purchase within 14 days of purchase without giving any reason.

This right of withdrawal does not apply if:

• the accommodation service, a trip, a restaurant business, transport, a catering order or a form of
• leisure activities concerns
• it concerns an emergency repair
• it concerns betting or lotteries
• the consumer has waived his right of withdrawal
• it concerns a service that is fully performed within the cooling-off period with the Customer's consent and
• whereby the Customer has expressly declared that he waives his right of withdrawal

6.2 The 14-day reflection period in paragraph 1 commences:

• as soon as the consumer has concluded an agreement for the delivery of a service
• once the consumer has confirmed that he will purchase digital content via the internet

6.3 The consumer can make use of his cooling-off period by sending an email with that subject to

info@tamaska.eu, possibly using the withdrawal form available on the fdfTamaska website

     ,www.tamaska.eu.

Article 7 - Insurance

7.1 The Customer must adequately insure and keep insured the following items against, among other things, fire,

explosion and water damage, and theft:

• delivered goods that are necessary for the performance of the underlying agreement
• Tamaska items that are present at the Customer's premises
• goods delivered under retention of title

7.2 The Customer shall provide Tamaska with the policy of these insurances for inspection at its first request.

Article 8 - Guarantee

8.1 When the Customer and Tamaska have entered into an agreement with a service provision nature, this agreement contains

Tamaska is only an obligation of effort and therefore not an obligation of result.

Article 9 - Execution of the agreement

9.1 Tamaska will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

9.2 Tamaska may have the agreed services performed in whole or in part by others.

9.3 The agreement will be implemented in consultation and after written agreement and payment of any

advance payment by the Customer.

9.4 The Customer must ensure that Tamaska can commence the performance of the agreement on time.

9.5 If the Customer does not ensure that Tamaska can start on time, the resulting additional costs will be borne by the Customer.

Customer's account.

Article 10 - Provision of information by the Customer

10.1 The Customer shall provide all information, data and documents relevant to the correct execution of the

agreement available to Tamaska in a timely manner and in the desired form and manner.

10.2 The Customer guarantees the correctness and completeness of the information, data and

documents, even if they originate from third parties, unless the nature of the agreement requires otherwise

results.

10.3 When and to the extent the Customer requests this, Tamaska will return the relevant documents.

10.4 If the Customer fails to provide the information, data or services reasonably requested by Tamaska, or fails to do so in a timely or proper manner,

modest available and the execution of the agreement is delayed as a result, the resulting

resulting additional costs and additional hours shall be borne by the Customer.

Article 11 - Duration of service agreement

11.1 The agreement between Tamaska and the Customer for a service is entered into for a period of 5 weeks, unless otherwise agreed.

the nature of the agreement dictates otherwise or if otherwise agreed in writing.

11.2 After the expiry of the term in paragraph 1, the agreement will be tacitly converted into an agreement for

indefinite period, unless the Customer or Tamaska terminates the agreement with a notice period of months. Is the

If the customer is a consumer, a notice period of 1 month applies.

Article 12 - Termination of fixed-term service

12.1 The Customer may not terminate an agreement for a fixed-term service earlier than after 1 year.

12.2 After the minimum term of 1 year has expired, the Customer may terminate the agreement in paragraph 1 with a

notice period of .

12.3 After the minimum term of 1 year has expired, a consumer can terminate the agreement in paragraph 1 with a

notice period of 1 month.

12.4 If the agreement for a service has been entered into for less than 1 year, the agreement is not terminated in the meantime.

cancellable.

Article 13 - Indemnification

13.1 The Customer shall indemnify Tamaska against all claims from others relating to the services supplied by Tamaska.

products and/or services.

Article 14 - Complaints

14.1 The Customer must examine a product or service supplied by Tamaska as soon as possible for any

shortcomings.

14.2 If a delivered product or service does not meet what the Customer could reasonably expect,

then the Customer must inform Tamaska of this within 1 month after discovering the fgfgdeficiency.

14.3 A consumer must notify Tamaska of the defect within 2 months of discovering it.

set height.

14.4 The Customer shall provide as detailed a description as possible of the shortcoming, so that Tamaska can respond accordingly.

can respond appropriately.

14.5 The Customer must demonstrate that the complaint relates to an agreement between the Customer and Tamaska.

14.6 If a complaint concerns ongoing work, the Customer cannot demand that Tamaska

will perform work other than agreed.

Article 15 - Notice of default

15.1 The Customer must notify Tamaska in writing of any notice of default.

15.2 The Customer is responsible for ensuring that his notice of default actually reaches Tamaska on time.

Article 16 - Customer Liability

16.1 When Tamaska enters into an agreement with multiple Customers, each of them is jointly and severally liable for

complying with the agreements in that contract.

Article 17 - Tamaska's Liability

17.1 Tamaska is only liable for damage suffered by the Customer if that damage is caused intentionally or

conscious recklessness.

17.2 If Tamaska is liable for damage, this only applies to direct damage related to the

performance of an underlying agreement.

17.3 Tamaska is not liable for indirect damage, such as consequential damage, lost profits or damage to third parties.

17.4 If Tamaska is liable, this liability is limited to the amount paid by a closed (professional)

liability insurance is paid out. If no insurance is taken out or no amount of damages is

paid out, then liability is limited to the (part of the) invoice amount to which the dfda liability relates.

17.5 All images, photos, colours, drawings, descriptions on the website or in a catalogue are for information purposes only.

indicative and cannot lead to any compensation, termination or suspension.

Article 18 - Expiry period

18.1 Any right of the Customer to compensation from Tamaska expires 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.

Article 19 - Dissolution

19.1 The Customer may cancel the agreement if Tamaska is culpably in breach of its obligations.

its obligations, unless this shortcoming does not justify termination due to its special nature or

minor significance.

19.2 If Tamaska is still able to fulfil its obligations, dissolution can only take place after

Tamaska is in default.

19.3 Tamaska may cancel the agreement with the Customer if the Customer fails to fulfil its obligations under the

does not comply with the agreement in full or on time, or when Tamaska has become aware of

circumstances that give him good reason to assume that the Customer will not fulfil his obligations.

Article 20 - Force Majeure

20.1 In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of Tamaska by the Customer cannot be held liable to Tamaska.

are attributed in the event of force majeure.

20.2 The force majeure situation in paragraph 1 also includes, among other things:

• an emergency such as a civil war or natural disaster
• default or force majeure of suppliers, deliverers or others
• power, electricity, internet, computer or telecom outages
• computer viruses
• strikes
• government measures
• transportation problems
• bad weather conditions
• work stoppages

20.3 If a force majeure situation occurs as a result of which Tamaska cannot fulfil one or more obligations towards the Customer,

If Tamaska fails to comply, those obligations will be suspended until such time as they can.

20.4 From the moment that a force majeure situation has lasted for at least 30 calendar days, both the Customer and Tamaska may cancel the agreement in writing in whole or in part.

20.5 Tamaska is not obliged to pay any compensation to the Customer in the event of force majeure, even if Tamaska

benefits from this.

Article 21 - Amendment of agreement

21.1 If it is necessary to change a concluded agreement for its execution, the Customer and

Tamaska adjust the agreement.

Article 22 - Amendment of general terms and conditions

22.1 Tamaska may amend these general terms and conditions.

22.2 Tamaska may always implement changes of minor importance.

22.3 Tamaska will discuss major changes with the Customer in advance as much as possible.

22.4 In the event of a major change to the general terms and conditions, a consumer may terminate the underlying agreement

to cancel.

Article 23 - Transfer of rights

23.1 The Customer may not transfer any rights under an agreement with Tamaska to others without written

permission from Tamaska.

23.2 This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 of the Dutch Civil Code.

Article 24 - Consequences of nullity or voidability

24.1 If one or more provisions of these general terms and conditions prove to be null and void or voidable, this shall have effect

shall not affect the other provisions of these terms and conditions.

24.2 A provision that is void or voidable shall in that case be replaced by a provision that comes closest to the

comes close to what Tamaska had in mind when drawing up the conditions on that point.

Article 25 - Applicable law and competent court

25.1 These general terms and conditions and any underlying agreement between the Customer and Tamaska are governed by Dutch law.

applicable law.

25.2 The court in the district of Tamaska's place of business has exclusive jurisdiction to hear any disputes between the Customer and Tamaska, unless the law provides otherwise.