General Terms and Conditions

Definitions
  • 1. Laan Websites, established in Puebla under RFC no. DELJ860928KS8.
  • 2. Parties: Laan Websites and the client together.
  • 3. Consumer: A client who is also an individual and acts as a private person.
  • 4. Business clients: A natural person or legal entity acting in the course of a profession or business.
Applicability of General Terms and Conditions
  • 1. These terms apply to all quotes, offers, work, orders, agreements, and deliveries of services or products by or on behalf of Laan Websites.
  • 2. Parties may only deviate from these terms if they have explicitly agreed to do so in writing.
  • 3. The applicability of supplementary and/or deviating general terms and conditions of the client or third parties is expressly excluded.
Consequences of Late Payment
  • 1. If the client does not pay within the agreed period, Laan Websites is entitled to charge interest of 6% per month for non-business clients and 11.15% for business clients, calculated from the day the client is in default, whereby part of a month is considered a full month.
  • 2. If the client is in default, they also owe extrajudicial collection costs and any damages to Laan Websites.
  • 3. Collection costs are calculated based on the Decree on Compensation for Extrajudicial Collection Costs.
  • 4. If the client does not pay on time, Laan Websites may suspend its obligations until the client has fulfilled their payment obligations.
  • 5. In the event of liquidation, bankruptcy, seizure, or suspension of payment on the part of the client, Laan Websites’ claims against the client are immediately due and payable.
  • 6. If the client refuses to cooperate with the execution of the agreement by Laan Websites, they are still obliged to pay the agreed price to Laan Websites.
Right of Suspension
  • Unless the client is a consumer, the client waives the right to suspend the performance of any obligation arising from this agreement.
Set-off
  • Unless the client is a consumer, the client waives their right to set off a debt to Laan Websites against a claim against Laan Websites.
Warranty
  • When the parties have entered into a service agreement, it contains only best-efforts obligations for Laan Websites, not result obligations. Any legal aspects regarding brand names or other intellectual property where the client requests changes are at the client’s own responsibility.
Execution of the Agreement
  • 1. Laan Websites executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.
  • 2. Laan Websites 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 client.
  • 4. It is the client’s responsibility to ensure that Laan Websites can start the execution of the agreement on time.
  • 5. If the client has not ensured that Laan Websites can start the execution of the agreement on time, the resulting additional costs and/or hours are at the client’s expense.
Provision of Information by the Client
  • 1. The client provides all information, data, and documents relevant to the proper execution of the agreement to Laan Websites in a timely manner, in the desired form, and in the desired manner.
  • 2. The client guarantees the accuracy, completeness, and reliability of the provided information, data, and documents, even if they originate from third parties, unless the nature of the agreement dictates otherwise.
  • 3. If and to the extent requested by the client, Laan Websites will return the relevant documents.
  • 4. If the client does not provide, or does not provide in a timely or proper manner, the information, data, or documents reasonably required by Laan Websites, and the execution of the agreement is delayed as a result, the resulting additional costs and hours are at the client’s expense.
Duration of the Agreement
  • 1. If an agreement is entered into for a fixed term, it will be tacitly converted into an agreement for an indefinite term after the term expires, unless one of the parties terminates the agreement with a notice period of two months, or a consumer terminates the agreement with a notice period of one month, in which case the agreement ends by operation of law.
  • 2. If the parties have agreed on a term for the completion of certain work within the term of the agreement, this is never a strict deadline. If this term is exceeded, the client must give Laan Websites written notice of default.
Intellectual Property
  • 1. Laan Websites retains all intellectual property rights (including copyright, patent rights, trademark rights, design and model rights, etc.) on all designs, drawings, writings, data carriers or other information, quotes, images, sketches, models, maquettes, etc., unless the parties have explicitly agreed otherwise in writing.
  • 2. The client may not copy, display to third parties, make available, or otherwise use the aforementioned intellectual property rights without prior written permission from Laan Websites.
Confidentiality
  • 1. The client keeps all information received from Laan Websites (in any form) confidential.
  • 2. The same applies to all other information concerning Laan Websites that the client knows or can reasonably suspect to be confidential, or whose dissemination could cause damage to Laan Websites.
  • 3. The client takes all necessary measures to ensure that the information mentioned in paragraphs 1 and 2 remains confidential.
  • 4. The confidentiality obligation described in this article does not apply to information:
    • That was already public before the client received it or that later became public without being the result of a breach of the client’s confidentiality obligation.
    • That is disclosed by the client pursuant to a legal obligation.
  • 5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its termination.
Penalty Clause
  • 1. If the client violates the article on confidentiality or intellectual property, they forfeit an immediately due penalty of €5,000 for each violation and €250 (5%) per day that the violation continues, in favor of Laan Websites.
  • 2. No prior notice of default or legal proceedings are required for the forfeiture of this penalty. There also does not need to be any form of damage.
  • 3. The forfeiture of the penalty referred to in the first paragraph of this article does not affect Laan Websites’ other rights, including its right to claim damages in addition to the penalty.
Indemnification
  • 1. The client fully indemnifies Laan Websites against all third-party claims, including but not limited to claims for infringement of intellectual property rights, incorrect or unlawful content, or violations of laws and regulations, arising from data, content, or instructions provided by the client.
Complaints
  • 1. The client must inspect a product or service provided by Laan Websites as soon as possible for any shortcomings.
  • 2. If a delivered product or service does not meet what the client could reasonably expect from the agreement, the client must notify Laan Websites as soon as possible, but in any case within 1 month of discovering the shortcomings.
  • 3. Consumers must notify Laan Websites within 2 months of discovering the shortcomings.
  • 4. The client provides a description of the shortcoming as detailed as possible, so that Laan Websites can respond adequately.
  • 5. The client must demonstrate that the complaint relates to an agreement between the parties.
Notice of Default
  • 1. The client must notify Laan Websites of any notice of default in writing.
  • 2. It is the client’s responsibility to ensure that a notice of default actually reaches Laan Websites (in a timely manner).
Joint and Several Liability of the Client
  • If Laan Websites enters into an agreement with multiple clients, each of them is jointly and severally liable for the full amounts owed to Laan Websites under that agreement.
Liability of Laan Websites
  • 1. Laan Websites is only liable for any damage suffered by the client if and to the extent that such damage is caused by intent or deliberate recklessness.
  • 2. If Laan Websites is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
  • 3. Laan Websites is never liable for indirect damage, such as consequential damage, lost profit, missed savings, or damage to third parties.
  • 4. If Laan Websites is liable, this liability is limited to the amount paid out by a (professional) liability insurance policy, and in the absence of (full) payment by an insurance company, the liability is limited to the (part of the) invoice amount to which the liability relates.
  • 5. All images, photos, colors, drawings, and descriptions on the website or in a catalog are indicative only and are approximate, and cannot give rise to compensation and/or (partial) termination of the agreement and/or suspension of any obligation.
Expiration Period
  • Any right of the client to compensation from Laan Websites expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 1794 of the Civil Code of Puebla, Mexico.
Right to Termination
  • 1. The client has the right to terminate the agreement if Laan Websites attributably fails to fulfill its obligations, unless this failure, given its special nature or minor significance, does not justify termination.
  • 2. If the fulfillment of the obligations by Laan Websites is permanently or temporarily impossible, termination can only take place after Laan Websites is in default.
  • 3. Laan Websites has the right to terminate the agreement with the client if the client does not fully or timely fulfill their obligations under the agreement, or if Laan Websites has become aware of circumstances that give it good reason to fear that the client will not be able to properly fulfill their obligations.
Force Majeure
  • 1. In addition to the provisions of Article 1794 of the Civil Code of Puebla, Mexico, a failure by Laan Websites to fulfill any obligation towards the client cannot be attributed to Laan Websites in a situation independent of Laan Websites’ will, which wholly or partially prevents the fulfillment of its obligations towards the client or as a result of which the fulfillment of its obligations cannot reasonably be required from Laan Websites.
  • 2. The force majeure situations referred to in paragraph 1 include, but are not limited to: states of emergency (such as civil war, rebellion, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers, or other third parties; unexpected power, electricity, internet, computer, and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, adverse weather conditions, and work interruptions.