Terms and conditions — ContainerOnline

General terms and conditions of Stichting Webshop Keurmerk

These General Terms and Conditions of Stichting Webshop Keurmerk were drawn up in consultation with the Consumentenbond (Dutch Consumers' Association) within the framework of the Coordination Group for Self-Regulation Consultation (CZ) of the Social and Economic Council (SER) and take effect on 1 June 2014.

These General Terms and Conditions will be used by all members of Stichting Webshop Keurmerk, with the exception of financial services as referred to in the Financial Supervision Act (Wet Financieel Toezicht), insofar as these services are supervised by the Netherlands Authority for the Financial Markets (AFM).

Contents:

Article 1 – Definitions

Article 2 – Identity of the trader

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Obligations of the consumer during the cooling-off period

Article 8 – Exercise of the right of withdrawal by the consumer and associated costs

Article 9 – Obligations of the trader in the event of withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Performance and additional guarantee

Article 13 – Delivery and execution

Article 14 – Continuing contracts: duration, cancellation and renewal

Article 15 – Payment

Article 16 – Complaints procedure

Article 17 – Disputes

Article 18 – Industry guarantee

Article 19 – Additional or deviating provisions

Article 20 – Amendment of the general terms and conditions of Stichting Webshop Keurmerk

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Ancillary agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance contract, where these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or professional activity;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Continuing contract: a contract for the regular supply of goods, services and/or digital content over a specified period;
Durable medium: any means – including e-mail – that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation or use for a period suited to the purpose for which the information is intended, and that allows the stored information to be reproduced unchanged;
Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
Trader: the natural or legal person who is a member of Stichting Webshop Keurmerk and offers products, (access to) digital content and/or services to consumers at a distance;
Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for the distance selling of products, digital content and/or services, in which, up to and including the conclusion of the contract, exclusive or partial use is made of one or more means of distance communication;
Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions;
Means of distance communication: a means that can be used to conclude a contract without the consumer and trader having to be in the same place at the same time;

Article 2 – Identity of the trader

ContainerOnline BV
Hertzstraat 3
1446 TE Purmerend
Available Mon. to Fri. from 7.30 to 17.00 on 085-3035343
E-mail address: info@containeronline.nl
Chamber of Commerce (KvK) number: 65583434
VAT identification number: NL856171943B01

Article 3 – Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
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, the trader will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, then, notwithstanding 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 it on a durable medium. 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 at the consumer's request, either electronically or by other means.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions the consumer may always rely on the applicable provision that is most favourable to them.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the trader.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The agreement

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer is able to pay electronically, the trader will observe appropriate security measures for this purpose.
Within the legal framework, the trader may find out whether the consumer is able to meet their payment obligations, as well as all those facts and factors that are relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, they are entitled to refuse an order or request, stating their reasons, or to attach special conditions to its execution.
No later than upon delivery of the product, service or digital content to the consumer, the trader will send the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
the visiting address of the trader's establishment where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
information about guarantees and existing after-sales service;
the price, including all taxes, of the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
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 applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

The consumer may cancel a contract for the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but may not oblige 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 in advance by the consumer who is not the carrier, has received the product, or:
if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. Provided that the trader has clearly informed the consumer of this before the ordering process, the trader may refuse an order for several products with different delivery times.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part.
for contracts for the regular delivery of products during a fixed period: the day on which the consumer, or a third party designated by them, has received the first product. For services and digital content not supplied on a tangible medium:
The consumer may cancel a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but may not oblige them to state their reason(s).
The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the contractExtended cooling-off period for products, services and digital content not supplied on a tangible medium if the consumer has not been informed of the right of withdrawal:
If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle is that the consumer may only handle and inspect the product as they would be allowed to in a shop.
The consumer is only liable for any reduction in the value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
The consumer is not liable for any reduction in the value of the product if the trader has not provided them with all the legally required information about the right of withdrawal before or at the conclusion of the contract.

Article 8 – Exercise of the right of withdrawal by the consumer and associated costs

If the consumer exercises their right of withdrawal, they must notify the trader within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorised representative of) the trader. This is not necessary if the trader has offered to collect the product themselves. In any case, the consumer has observed the return period if they return the product before the cooling-off period has expired.
The consumer returns the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader indicates that they will bear the costs themselves, the consumer does not have to bear the return costs.
If the consumer withdraws after first expressly requesting that the performance of the service, or the supply of gas, water or electricity not made ready for sale in a limited volume or set quantity, begins during the cooling-off period, the consumer owes the trader an amount proportionate to the part of the obligation fulfilled by the trader at the time of withdrawal, compared with full fulfilment of the obligation.
The consumer bears no costs for the performance of services or the supply of water, gas or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
the trader has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model withdrawal form, or;
the consumer has not expressly requested that the performance of the service or the supply of gas, water, electricity or district heating begins during the cooling-off period.
The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium, if:
prior to its supply, they have not expressly agreed to the performance of the contract beginning before the end of the cooling-off period;
they have not acknowledged that they lose their right of withdrawal when giving their consent; or
the trader has failed to confirm this statement from the consumer.
If the consumer exercises their right of withdrawal, all ancillary contracts are dissolved by operation of law.

Article 9 – Obligations of the trader in the event of withdrawal

If the trader enables the consumer to notify withdrawal electronically, the trader will send an acknowledgement of receipt without delay after receiving this notification.
The trader will refund all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days of the day on which the consumer notifies them of the withdrawal. Unless the trader offers to collect the product themselves, they may wait to refund until they have received the product or until the consumer demonstrates that they have returned the product, whichever is earlier.
The trader uses the same means of payment that the consumer used for the refund, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader does not have to refund the additional costs of the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the contract:

Products or services whose price is subject to fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period
Contracts concluded at a public auction. A public auction is understood to mean a method of sale in which products, digital content and/or services are offered by the trader to the consumer who is present in person or is given the opportunity to be present in person at the auction, conducted by an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
Service contracts, after full performance of the service, but only if:
performance has begun with the consumer's express prior consent; and
the consumer has declared that they will lose their right of withdrawal once the trader has fully performed the contract;
Service contracts for the provision of accommodation, where the contract specifies a particular date or period of performance, other than for residential purposes, the transport of goods, car rental services and catering;
Contracts relating to leisure activities, where the contract specifies a particular date or period of performance;
Products made to the consumer's specifications, which are not prefabricated and are made on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that, by their nature, have become inseparably mixed with other products after delivery;
Alcoholic beverages whose price was agreed when the contract was concluded, but which can only be delivered after 30 days, and whose actual value depends on market fluctuations over which the trader has no control;
Sealed audio and video recordings and computer software whose seal has been broken after delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions to them;
The supply of digital content other than on a tangible medium, but only if:
performance has begun with the consumer's express prior consent; and
the consumer has declared that they will thereby lose their right of withdrawal.

Article 11 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no control at variable prices. This dependence on fluctuations, and the fact that any prices stated are indicative prices, will be stated with the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
they result from statutory regulations or provisions; or
the consumer is entitled to terminate the contract with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services are incl. VAT.

Article 12 – Performance of the contract and additional guarantee

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the trader, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer may assert against the trader under the contract if the trader has failed to fulfil its part of the contract.
An additional guarantee means any commitment by the trader, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to provide if it has failed to fulfil its part of the contract.

Article 13 – Delivery and execution

The trader will exercise the utmost care when receiving and processing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has provided to the trader.
With due observance of the provisions of Article 4 of these general terms and conditions, the trader will process accepted orders promptly, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.
Following dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer without delay.
The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 14 – Continuing contracts: duration, cancellation and renewal

Termination:

The consumer may terminate a contract that has been entered into for an indefinite period and that provides for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract that has been entered into for a fixed period and that provides for the regular supply of products (including electricity) or services at any time with effect from the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may, with regard to the contracts referred to in the previous paragraphs: terminate them at any time, without being restricted to terminating at a particular time or within a particular period;
at least terminate them in the same way in which they were entered into;
always terminate them with the same notice period that the trader has stipulated for itself.

Renewal:

A contract that has been entered into for a fixed period and that provides for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the previous paragraph, a contract that has been entered into for a fixed period and that provides for the regular supply of daily and weekly newspapers and magazines may be tacitly extended for a fixed term of no more than three months, provided the consumer can terminate this extended contract with effect from the end of the extension with a notice period of no more than one month.
A contract that has been entered into for a fixed period and that provides for the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is no more than three months if the contract provides for the regular supply, but less than once a month, of daily and weekly newspapers and magazines.
A contract with a limited term for the regular supply of daily and weekly newspapers and magazines by way of introduction (trial or introductory subscription) will not be tacitly continued and will end automatically at the end of the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year, giving no more than one month's notice, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

Unless otherwise stated in the agreement or in additional terms, the consumer must pay any amounts owed within 14 days of the start of the cooling-off period or, if there is no cooling-off period, within 14 days of entering into the agreement. For an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
When products are sold to consumers, the general terms and conditions may never require the consumer to pay more than 50% in advance. Where advance payment has been agreed, the consumer cannot assert any rights regarding the fulfilment of the order or service(s) concerned until the agreed advance payment has been made.
The consumer must report any errors in the payment details provided or stated to the trader without delay.
If the consumer does not meet their payment obligation(s) on time, the trader will point out the late payment and give the consumer 14 days to meet their payment obligations after all. If payment has still not been made within this 14-day period, the consumer will owe statutory interest on the amount still due, and the trader is entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to no more than: 15% on outstanding amounts up to € 2.500,=; 10% on the next € 2.500,= and 5% on the following € 5.000,=, with a minimum of € 40,=. The trader may deviate from these amounts and percentages in the consumer's favour.

Article 16 – Complaints procedure

The trader has a complaints procedure that has been made sufficiently public and handles complaints in accordance with this procedure.
Complaints about the performance of the agreement must be submitted to the trader in full and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within 14 days of the date of receipt. If a complaint is expected to take longer to process, the trader will reply within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
A complaint about a product, service or the customer service of the trader can also be submitted via a complaint form on the consumer page of the Stichting Webshop Keurmerk website (https://keurmerk.info/Home/MisbruikOfKlacht) The complaint will then be sent to both the trader concerned and Stichting Webshop Keurmerk.
If the complaint cannot be resolved by mutual agreement within a reasonable period, or within 3 months of the complaint being submitted, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes

Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
Subject to the provisions below, disputes between the consumer and the trader about the formation or performance of agreements relating to products and services to be supplied or supplied by this trader may be submitted by either the consumer or the trader to the Geschillencommissie Webshop (Webshop Disputes Committee), Postbus 90600, 2509 LP Den Haag (sgc.nl).
The Disputes Committee will only deal with a dispute if the consumer has first submitted their complaint to the trader within a reasonable time.
The dispute must be submitted to the Disputes Committee in writing no later than twelve months after it arose.
If the consumer wishes to submit a dispute to the Disputes Committee, the trader is bound by this choice. If the trader wishes to do so, the consumer must state in writing, within five weeks of a written request from the trader, whether they also wish to do so or would prefer the dispute to be dealt with by the competent court. If the trader has not been informed of the consumer's choice within this five-week period, the trader is entitled to submit the dispute to the competent court.
The Disputes Committee gives its ruling under the conditions set out in the Disputes Committee's rules (https://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop). The decisions of the Disputes Committee take the form of binding advice.
The Disputes Committee will not deal with a dispute, or will stop dealing with it, if the trader has been granted a suspension of payments, has been declared bankrupt or has actually ceased its business activities before the dispute has been heard by the committee and a final ruling has been given.
If, in addition to the Geschillencommissie Webshop, another disputes committee that is recognised or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is competent, the Geschillencommissie Stichting Webshop Keurmerk is preferably competent for disputes mainly concerning the method of distance selling or distance service provision. For all other disputes, the other recognised disputes committee affiliated with SGC or Kifid is competent.

Article 18 – Industry guarantee

Stichting Webshop Keurmerk guarantees that its members will comply with the binding advice of the Geschillencommissie Stichting Webshop Keurmerk, unless the member decides to submit the binding advice to the court for review within two months of it being sent. This guarantee is revived if the binding advice is upheld after review by the court and the judgment confirming this has become final. Up to a maximum of €10.000,- per binding advice, this amount will be paid to the consumer by Stichting Webshop Keurmerk. For amounts greater than €10.000,- per binding advice, €10.000,- will be paid. For the remainder, Stichting Webshop Keurmerk has a best-efforts obligation to ensure that the member complies with the binding advice.
To make use of this guarantee, the consumer must submit a written claim to Stichting Webshop Keurmerk and transfer their claim against the trader to Stichting Webshop Keurmerk. If the claim against the trader exceeds €10.000,-, the consumer will be offered the option of transferring the part of the claim above €10.000,- to Stichting Webshop Keurmerk, after which this organisation will seek payment through the courts in its own name and at its own expense, for the benefit of the consumer.

Article 19 – Additional or deviating provisions

Additional provisions, or provisions that deviate from these general terms and conditions, may not be to the detriment of the consumer and must be recorded in writing, or in such a way that the consumer can store them in an accessible manner on a durable data carrier.

Article 20 – Amendment of the general terms and conditions of Stichting Webshop Keurmerk

Stichting Webshop Keurmerk will not change these general terms and conditions except in consultation with the Consumentenbond (Dutch Consumers' Association).
Changes to these terms and conditions only take effect once they have been published in an appropriate manner, on the understanding that if changes apply during the term of an offer, the provision most favourable to the consumer will prevail.

Address of Stichting Webshop Keurmerk:
Willemsparkweg 193, 1071 HA Amsterdam

Additional general terms and conditions for ContainerOnline BV

Additional general terms and conditions ContainerOnline

General terms and conditions ContainerOnline

Article 1. Definitions

Contractor: ContainerOnline B.V., established in Purmerend and registered with the Chamber of Commerce under number 65583434, being the user of the General Terms and Conditions
Customer: any client who enters into an agreement with the contractor or requests a quotation for one.
Agreement: the agreement for the provision of services and/or the agreement for the rental of collection containers, as well as any other agreement between ContainerOnline and the Customer.
Work: the (service) work that ContainerOnline carries out, or has carried out, in the Netherlands under the agreement.
Acceptance: the determination by ContainerOnline or third parties that the nature and composition of the waste materials match the Customer's declaration or description of the waste materials.
Waste materials: all substances, preparations or other products, including hazardous substances, offered or intended by the Customer to ContainerOnline for the performance of the work, which the Customer discards, intends to discard or is required to discard for the purpose of their disposal.
Collection container: a means intended for collecting and/or transporting waste materials, including packaging materials (aids for transporting waste materials).
Waste consignment note: a data carrier approved by the competent government authority for use in connection with the collection and/or transport of waste materials.

Article 2. General

These terms and conditions apply to every agreement between ContainerOnline and a Customer to which ContainerOnline has declared these terms and conditions applicable, unless the parties have expressly agreed otherwise in writing.
These terms and conditions also apply if ContainerOnline engages third parties for (part of) the performance of the agreement.
These general terms and conditions have also been drawn up for the employees and management of ContainerOnline.
The applicability of any purchasing or other terms and conditions of the Customer is expressly rejected.
If a situation arises between the parties that is not covered by these general terms and conditions, it must be assessed in accordance with the spirit of these general terms and conditions.
In addition to these terms and conditions, the acceptance conditions used by ContainerOnline also apply to every agreement. These acceptance conditions form an integral part of these terms and conditions and the agreement.
ContainerOnline is entitled to amend the general terms and conditions and the acceptance conditions at any time. ContainerOnline will notify the Customer of any amendment in good time and will send the amended terms and conditions to the Customer on request.

Article 3. Quotations and offers

Quotations and offers from ContainerOnline are valid for 30 days. ContainerOnline cannot be bound by acceptance after this period.
Dimensions, weights, shapes, quality standards, drawings, calculations, designs, sketches and other data included in catalogues, brochures, digital data carriers, images, diagrams and the like are only binding on ContainerOnline if and insofar as this has been expressly agreed in writing. Deviations from these data cannot be held against ContainerOnline.
ContainerOnline cannot be held to its quotations or offers if the Customer can reasonably understand that the quotations or offers, or any part of them, contain an obvious mistake or clerical error.
If the acceptance deviates (whether or not on minor points) from the offer contained in the quotation or offer, ContainerOnline is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless ContainerOnline indicates otherwise.
A composite quotation does not oblige ContainerOnline to carry out part of the order for a corresponding part of the quoted price. Offers or quotations do not automatically apply to future orders.

Article 4. The agreement

The agreement between ContainerOnline and the Customer is entered into for an indefinite period, unless the nature of the agreement dictates otherwise or the parties expressly agree otherwise in writing.
If a period has been agreed or specified for the completion of certain work or the delivery of certain goods, this is never a strict deadline.
If ContainerOnline requires information from the Customer to perform the agreement, the performance period will not commence until the Customer has provided this information to ContainerOnline correctly and in full.
ContainerOnline reserves the right to engage third parties in the performance of the agreement.
If the Customer fails to properly fulfil its obligations towards ContainerOnline, the Customer is liable for all damage (including costs) incurred by ContainerOnline as a direct or indirect result.
During the term of the agreement, ContainerOnline is entitled to make changes to the agreement, for example due to the nature and composition of the waste materials, changes to collection or processing methods, or if laws and/or regulations require this. ContainerOnline will notify the client of any changes in writing. The Customer is entitled to terminate the agreement within one month of the change to the agreement by ContainerOnline.

Article 5. Price

All prices are always in euros and exclusive of VAT and any other levies and/or taxes imposed by the government.
At the customer's request, ContainerOnline can carry out work outside office hours. This involves additional costs, which ContainerOnline will charge to the customer. Such alternative arrangements can only be agreed with ContainerOnline in writing.
If ContainerOnline agrees a fixed price with the Customer, ContainerOnline is nevertheless entitled at any time to increase this price, without the Customer being entitled to terminate the agreement for that reason, if the price increase results from a power or obligation under laws or regulations, or is caused by an increase in the price of raw materials, wages, et cetera, or on other grounds that were not reasonably foreseeable when the agreement was entered into.

Article 6. Performance of the agreement

The services purchased commence on the times or days stated in the agreement, unless the parties agree otherwise. ContainerOnline has the right to suspend its obligations, as described in the agreement, if the customer fails to meet its obligations.
The periods stated in the agreement within which the work will be carried out are always approximate. If these periods are exceeded, ContainerOnline is not in default, the customer is not entitled to compensation and the customer is not entitled to suspend its obligations under the agreement. The customer is only entitled to cancel or terminate the agreement after the customer has given ContainerOnline written notice of default, allowing it a reasonable period to carry out the work after all, and ContainerOnline has failed to do so.
Unless otherwise agreed in writing, ContainerOnline is not obliged to carry out the Work on Sundays or (national) public holidays.

Article 7. Obligations of the Customer:

The customer is obliged and responsible for applying for and arranging any permits that may be required. ContainerOnline or any third parties it engages do not check whether the customer has complied with these obligations.
The customer is obliged to confirm in writing to ContainerOnline, no later than 48 hours before the scheduled emptying, any changes (in the description) of the waste that have occurred since it was declared.
The customer is liable for the waste in cases where the waste transfer note is signed by someone other than the client (whether or not that person has been designated by the Client).
The customer guarantees that containers to be emptied and/or transported (with the lid closed, where applicable) are ready on the days on which they are to be emptied and/or collected, either on the public highway, on easily accessible land connected to the public highway, or at a location agreed in consultation that can be reached easily and free of charge by the staff and equipment of ContainerOnline or any third parties it engages. The customer also guarantees that there is sufficient space around the container for the haulier to access it properly, in such a way that this does not breach any safety and/or traffic regulations and does not pose a danger to ContainerOnline or third parties. Where necessary, the customer is obliged to provide lighting and/or signage for the containers and/or waste to be emptied and/or transported, and to take the measures required for road safety.
If a container has been loaded incorrectly or overloaded, has been loaded with waste other than that agreed, the waste does not match the description provided by ContainerOnline, the requested transport of the waste breaches requirements under transport regulations, and/or the collection or transport poses or may pose a danger to property, people or the environment, all at the discretion of ContainerOnline, ContainerOnline is entitled not to empty the container or to refuse to remove the container/waste.
If any of the circumstances set out in article 7.5 only become apparent after emptying or transport, ContainerOnline will charge the customer for any resulting damage, costs and/or fines. The customer will indemnify ContainerOnline, its employees and any third parties engaged by ContainerOnline against any claims in this regard.

Article 8. Collection equipment

The collection equipment and related materials used to enable collection remain the property of ContainerOnline at all times. The customer is prohibited from selling, renting out or otherwise encumbering the collection equipment, or making it available to third parties.
From the moment of delivery, the customer is liable for damage to and loss of the collection equipment. All collection equipment is deemed to be in good condition at the moment it comes into the customer's possession, unless the customer provides evidence to the contrary. The customer must report any complaints about or defects in the collection equipment to ContainerOnline in writing within five working days of the collection equipment coming into the customer's possession. If ContainerOnline has not received any complaints regarding the collection equipment within five working days, it is deemed to have been delivered in good condition and free of defects.
The customer must report any loss of and/or damage to the collection equipment to ContainerOnline in writing immediately. Damage includes, among other things, damage caused by fire, theft and soiling. Damaged collection equipment will be repaired or replaced by ContainerOnline, at the discretion of ContainerOnline. ContainerOnline will charge the customer separately for the costs of repair or replacement.
The customer must ensure the proper safekeeping of the collection equipment at its own expense and risk. The customer is required to use, handle, load and keep the collection equipment clean with due care and in accordance with its intended purpose.
Damage suffered by the customer and/or third parties caused by the collection equipment after it has come into the customer's possession is at the expense and risk of the customer. The customer indemnifies ContainerOnline and any third parties engaged by ContainerOnline against all claims in this regard.
Costs arising from normal wear and tear of the collection equipment, or damage to the collection equipment caused by ContainerOnline, are borne by ContainerOnline, at the discretion of ContainerOnline. The customer must permit the repair and/or replacement of the materials by ContainerOnline or by third parties engaged by ContainerOnline. The customer is under no circumstances entitled to any compensation for inconvenience, loss of time, replacement or otherwise.
The customer is liable for costs and fines arising from the placement of the collection equipment on its premises and on the public highway in accordance with its instructions. The customer indemnifies ContainerOnline and any third parties engaged by ContainerOnline against all claims in this regard.
ContainerOnline is not liable to the customer for any obstruction to the use of the collection equipment caused to the customer by third parties.
After the agreement has ended, the customer is required to return the collection equipment to ContainerOnline in good condition (and, in the case of containers, also empty) at its own expense and risk.

Article 9. Waste

The customer must comply with ContainerOnline's instructions as set out in the agreement, or with instructions that ContainerOnline gives the customer at a later date, regarding the way in which the waste is to be presented and/or packaged.
The government-mandated registration of the removal of the waste, which is recorded by ContainerOnline, does not release the customer from its own registration obligations regarding the handover of waste.
The waste and, where applicable, the packaging become the property of ContainerOnline or of third parties engaged by ContainerOnline from the moment of acceptance, unless it becomes apparent after acceptance that the waste does not match the declaration/description. If the waste does not match the declaration/description of the waste, acceptance is deemed not to have taken place. Acceptance expressly does not necessarily take place at the moment ContainerOnline receives the waste.
ContainerOnline is entitled at all times during the agreement to take a sample of the waste, or to inspect or analyse the waste (or have it inspected or analysed). Any costs associated with sampling, inspection or analysis are borne by the customer.

Article 10. Suspension, dissolution and interim termination of the agreement

ContainerOnline is entitled to suspend the fulfilment of its obligations or to dissolve the agreement if:

The Customer fails to fulfil its obligations under the agreement, or fails to fulfil them in full or on time;
Circumstances that come to ContainerOnline's attention after the agreement has been concluded give good reason to fear that the Customer will not fulfil its obligations: ContainerOnline will notify the Customer of this concern in writing and give the Customer 14 days to provide ContainerOnline with assurance regarding the fulfilment of the agreement by means of a written and reasoned statement. If the Customer fails to do so, ContainerOnline is entitled to suspend its obligations or to dissolve the agreement.

ContainerOnline is furthermore entitled to dissolve the agreement if circumstances arise that are of such a nature that fulfilment of the agreement is impossible, or if other circumstances arise that are of such a nature that ContainerOnline cannot reasonably be expected to maintain the agreement unchanged.
If the agreement is dissolved, ContainerOnline's claims against the Customer become immediately due and payable. If ContainerOnline suspends the fulfilment of its obligations, it retains its rights under the law and the agreement.
If ContainerOnline proceeds with suspension or dissolution, it is in no way obliged to compensate any damage or costs arising from this in any way.
If the dissolution is attributable to the Customer, ContainerOnline is entitled to compensation, including in any event but not limited to the costs arising directly and indirectly as a result of the dissolution attributable to the Customer.
If the Customer fails to fulfil its obligations under the agreement and this failure justifies termination, ContainerOnline is entitled to terminate the agreement immediately and with immediate effect, without any obligation on its part to pay any damages or compensation, whereas the Customer, by reason of breach of contract, is obliged to pay damages or compensation.
In the event of liquidation, (an application for) a moratorium on payments or bankruptcy, attachment – if and insofar as the attachment has not been lifted within three months – against the Customer, debt restructuring or any other circumstance as a result of which the Customer can no longer freely dispose of its assets, ContainerOnline 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 damages or compensation. In that case, ContainerOnline's claims against the Customer become immediately due and payable.
If the Customer cancels a placed order in whole or in part, the goods ordered or prepared for it, plus any related supply, removal and delivery costs and the working time reserved for the performance of the agreement, will be charged to the Customer in full.

Article 11. Force majeure

ContainerOnline is not obliged to fulfil any obligation towards the Customer if it is prevented from doing so as a result of a circumstance that is not attributable to its fault and for which it is not accountable by law, a legal act or generally accepted practice.
In these general terms and conditions, force majeure means, in addition to what is understood by it in law and case law, all external unforeseen causes over which ContainerOnline has no influence, but as a result of which ContainerOnline is unable to fulfil its obligations. This includes strikes at ContainerOnline's business or that of third parties. ContainerOnline is also entitled to invoke force majeure if the circumstance preventing (further) performance of the agreement arises after ContainerOnline should have fulfilled its commitment.
ContainerOnline may suspend its obligations under the agreement for as long as the force majeure continues. If this period lasts longer than two months, either party is entitled to terminate the agreement, without any obligation to compensate the other party for damage.
Insofar as ContainerOnline, at the time the force majeure occurs, has already partially fulfilled or will be able to fulfil its obligations under the agreement, and the part fulfilled or to be fulfilled has independent value, ContainerOnline is entitled to invoice the part already fulfilled or to be fulfilled separately. The Customer is obliged to pay this invoice as if it were a separate agreement.

Article 12. Payment and collection costs

Payment must be made within 14 days of the invoice date, in a manner to be specified by ContainerOnline.
If the Customer fails to pay an invoice on time, the Customer is in default by operation of law. The Customer will then owe interest of 1.5% per month. The interest on the amount due will be calculated from the moment the Customer is in default until the moment the full amount owed has been paid. Part of a month is counted as a full month for the calculation of interest.
ContainerOnline has the right to apply payments made by the Customer first to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the current interest.
ContainerOnline may, without thereby being in default, refuse an offer of payment if the Customer designates a different order for the allocation of the payment. ContainerOnline may refuse full repayment of the principal sum if this does not also include payment of the
interest due and current interest and the collection costs.
The Customer is never entitled to set off any amount it owes to ContainerOnline.
Objections to the amount of an invoice do not suspend the payment obligation. A Customer who cannot invoke Section 6.5.3 (Articles 231 to 247 of Book 6 of the Dutch Civil Code) is likewise not entitled to suspend payment of an invoice for any other reason.
If the Customer is in default or in breach of the (timely) fulfilment of its obligations, all reasonable costs of obtaining payment out of court will be borne by the Customer. The extrajudicial costs are calculated in accordance with the Voorwerk II Report. However, if ContainerOnline has incurred higher collection costs that were reasonably necessary, the costs actually incurred will be eligible for reimbursement. Any legal and enforcement costs incurred will also be recovered from the Customer. The Customer also owes interest on the collection costs due.

Article 13. Liability

Should ContainerOnline be liable, this liability is limited to what is set out in this provision.
ContainerOnline is not liable for damage of any kind arising because ContainerOnline relied on incorrect and/or incomplete information provided by or on behalf of the Customer.
ContainerOnline is only liable for direct damage. Should ContainerOnline be liable for damage, ContainerOnline's liability is limited to a maximum of three times the invoice value of the part of the order to which the liability relates or, if lower, the amount paid out by ContainerOnline's liability insurer.
Direct damage means exclusively the reasonable costs of establishing the cause and extent of the damage, insofar as this relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to make ContainerOnline's defective performance conform to the agreement, insofar as these can be attributed to ContainerOnline, and reasonable costs incurred to prevent or limit damage, insofar as the Customer demonstrates that these costs have led to a limitation of direct damage as referred to in these general terms and conditions.
ContainerOnline is never liable for indirect damage, including consequential damage, lost profits, missed savings and damage due to business interruption.
The limitations of liability set out in this article do not apply if the damage is due to intent or gross negligence on the part of ContainerOnline or its managerial staff.
If a collection container is placed on the Customer's premises, ContainerOnline is not liable for any damage, costs or fines.

Article 14. Indemnification

The Customer indemnifies ContainerOnline against any claims by third parties who suffer damage in connection with the performance of the agreement and whose cause is attributable to parties other than ContainerOnline.
Should ContainerOnline be held liable by third parties on that account, the Customer is obliged to assist ContainerOnline both in and out of court and to do without delay everything that may be expected of it in that case. Should the Customer fail to take adequate measures, ContainerOnline is entitled to do so itself without notice of default. All costs and damage incurred by ContainerOnline and third parties as a result will be entirely at the Customer's expense and risk.

Article 15. Applicable law and disputes

All legal relationships to which ContainerOnline is a party are governed exclusively by Dutch law, even if an obligation is performed wholly or partly abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention (CISG) is excluded.
The court in the place where ContainerOnline is established has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise on a mandatory basis. Nevertheless, ContainerOnline has the right to submit the dispute to the court that has jurisdiction by law.
The parties will only turn to the courts after they have made every effort to settle a dispute by mutual agreement.

Article 16. Where to find these terms and amendments

These terms and conditions were filed with the Chamber of Commerce on 10 February 2021.
The version that applies is always the most recently filed version, or the version that was in force when the legal relationship with ContainerOnline was established.
The Dutch text of the general terms and conditions shall always prevail in their interpretation.

Article 17. Payment by Pay Later

Payment must be made to Klarna B.V. (hereinafter: “Klarna”) within the stated payment term. This is because we have transferred all rights arising from the claim to Klarna, which will collect the claim.
Your details will be checked and registered by or on behalf of Klarna. These details may be used for purposes including the collection of claims and the assessment of orders under the acceptance policies of affiliated organisations.
Klarna reserves the right to refuse the customer’s request to pay on account. The payment term applied is a strict deadline. If payment is not made on time, the customer will therefore be in default without any notice of default being required, and Klarna will be entitled to charge contractual interest of 0.75% per month (with part of a month counting as a whole month) from the due date of the invoice. Klarna is also entitled to charge the customer extrajudicial collection costs as provided for by law. In the case of business customers, Klarna is also entitled to charge the customer reminder and demand fees, without prejudice to Klarna’s right to charge the customer the costs actually incurred if these exceed the amount calculated in this way. These costs amount to at least 15% of the principal sum, with a minimum of 40 euros for consumers and 75 euros for businesses. Klarna is also entitled to transfer the claim to a third party. In that case, the provisions above relating to Klarna will also pass to the third party to whom the claim has been transferred.”

Article 18. Processing of personal data

Under legislation on the processing of personal data (such as the General Data Protection Regulation), the Contractor has obligations towards third parties, including the obligation to provide information, to grant access to personal data, and to restrict, rectify and erase the personal data of data subjects, as well as to transfer this personal data to another controller.
The parties agree that, with regard to the processing of personal data, the Supplier is a ‘processor’ within the meaning of the General Data Protection Regulation, and that responsibility for complying with those obligations when processing personal data through the Service or otherwise lies solely with the Client. In this respect, the provisions in the Appendix apply to the processing of personal data.
The Client guarantees to the Supplier that personal data is processed lawfully and that no rights of third parties are infringed. The Client indemnifies the Supplier against any legal claim by third parties, on whatever grounds, where that claim relates to the processing of personal data, as well as against any fines attributable to the Client imposed by the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) or other competent supervisory authorities.

General terms and conditions for commercial waste

Article 1. Definitions

Contractor: ContainerOnline B.V., established in Purmerend and registered with the Chamber of Commerce under number 65583434, being the user of the General Terms and Conditions
Customer: any client who enters into an agreement with the contractor or requests a quotation for one.
Agreement: the agreement for the provision of services and/or the agreement for the rental of collection containers, as well as any other agreement between ContainerOnline and the Customer.
Work: the (service) work that ContainerOnline carries out, or has carried out, in the Netherlands under the agreement.
Acceptance: the determination by ContainerOnline or third parties that the nature and composition of the waste materials match the Customer's declaration or description of the waste materials.
Waste materials: all substances, preparations or other products, including hazardous substances, offered or intended by the Customer to ContainerOnline for the performance of the work, which the Customer discards, intends to discard or is required to discard for the purpose of their disposal.
Collection container: a means intended for collecting and/or transporting waste materials, including packaging materials (aids for transporting waste materials).
Waste consignment note: a data carrier approved by the competent government authority for use in connection with the collection and/or transport of waste materials.

Article 2. General

These terms and conditions apply to every agreement between ContainerOnline and a Customer to which ContainerOnline has declared these terms and conditions applicable, unless the parties have expressly agreed otherwise in writing.
These terms and conditions also apply if ContainerOnline engages third parties for (part of) the performance of the agreement.
These general terms and conditions have also been drawn up for the employees and management of ContainerOnline.
The applicability of any purchasing or other terms and conditions of the Customer is expressly rejected.
If a situation arises between the parties that is not covered by these general terms and conditions, it must be assessed in accordance with the spirit of these general terms and conditions.
In addition to these terms and conditions, the acceptance conditions used by ContainerOnline also apply to every agreement. These acceptance conditions form an integral part of these terms and conditions and the agreement.
ContainerOnline is entitled to amend the general terms and conditions and the acceptance conditions at any time. ContainerOnline will notify the Customer of any amendment in good time and will send the amended terms and conditions to the Customer on request.

Article 3. Quotations and offers

Quotations and offers from ContainerOnline are valid for 30 days. ContainerOnline cannot be bound by acceptance after this period.
Dimensions, weights, shapes, quality standards, drawings, calculations, designs, sketches and other data included in catalogues, brochures, digital data carriers, images, diagrams and the like are only binding on ContainerOnline if and insofar as this has been expressly agreed in writing. Deviations from these data cannot be held against ContainerOnline.
ContainerOnline cannot be held to its quotations or offers if the Customer can reasonably understand that the quotations or offers, or any part of them, contain an obvious mistake or clerical error.
If the acceptance deviates (whether or not on minor points) from the offer contained in the quotation or offer, ContainerOnline is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless ContainerOnline indicates otherwise.
A composite quotation does not oblige ContainerOnline to carry out part of the order for a corresponding part of the quoted price. Offers or quotations do not automatically apply to future orders.

Article 4. The agreement

The agreement between ContainerOnline and the Customer is entered into for an indefinite period, unless the nature of the agreement dictates otherwise or the parties expressly agree otherwise in writing.
If a period has been agreed or specified for the completion of certain work or the delivery of certain goods, this is never a strict deadline.
If ContainerOnline requires information from the Customer to perform the agreement, the performance period will not commence until the Customer has provided this information to ContainerOnline correctly and in full.
ContainerOnline reserves the right to engage third parties in the performance of the agreement.
If the Customer fails to properly fulfil its obligations towards ContainerOnline, the Customer is liable for all damage (including costs) incurred by ContainerOnline as a direct or indirect result.
ContainerOnline is entitled to make changes to the agreement during its term, for example due to the nature and composition of the waste, changes to collection or processing methods, or where laws and/or regulations require this. ContainerOnline will notify the client of any changes in writing. The Customer is entitled to terminate the agreement within one month of ContainerOnline changing the agreement.

Article 5. Price

All prices are always in euros and exclusive of VAT and any other levies and/or taxes imposed by the government.
At the customer's request, ContainerOnline can carry out work outside office hours. This involves additional costs, which ContainerOnline will charge to the customer. Such alternative arrangements can only be agreed with ContainerOnline in writing.
If ContainerOnline agrees a fixed price with the Customer, ContainerOnline is nevertheless entitled at any time to increase this price, without the Customer being entitled to terminate the agreement for that reason, if the price increase results from a power or obligation under laws or regulations, or is caused by an increase in the price of raw materials, wages, et cetera, or on other grounds that were not reasonably foreseeable when the agreement was entered into.

Article 6. Performance of the agreement

The services purchased commence on the times or days stated in the agreement, unless the parties agree otherwise. ContainerOnline has the right to suspend its obligations, as described in the agreement, if the customer fails to meet its obligations.
The periods stated in the agreement within which the work will be carried out are always approximate. If these periods are exceeded, ContainerOnline is not in default, the customer is not entitled to compensation and the customer is not entitled to suspend its obligations under the agreement. The customer is only entitled to cancel or terminate the agreement after the customer has given ContainerOnline written notice of default, allowing it a reasonable period to carry out the work after all, and ContainerOnline has failed to do so.
Unless otherwise agreed in writing, ContainerOnline is not obliged to carry out the Work on Sundays or (national) public holidays.

Article 7. Obligations of the Customer:

The customer is obliged and responsible for applying for and arranging any permits that may be required. ContainerOnline or any third parties it engages do not check whether the customer has complied with these obligations.
The customer is obliged to confirm in writing to ContainerOnline, no later than 48 hours before the scheduled emptying, any changes (in the description) of the waste that have occurred since it was declared.
The customer is liable for the waste in cases where the waste transfer note is signed by someone other than the client (whether or not that person has been designated by the Client).
The customer guarantees that, on the days when containers are to be emptied and/or collected, the containers to be emptied and/or transported (with the lid closed, where applicable) are ready on the public highway, on easily accessible ground connected to the public highway, or at a location agreed in consultation that can be reached easily and free of charge by the staff and equipment of ContainerOnline or third parties engaged by it, positioned in such a way that they do not breach safety and/or traffic regulations and pose no danger to ContainerOnline or third parties. Where necessary, the customer must provide sufficient lighting and/or markings for the containers and/or waste to be emptied and/or transported, and take the measures required for road safety.
If a container has been loaded incorrectly or overloaded, has been loaded with waste other than that agreed, the waste does not match the description provided by ContainerOnline, the requested transport of the waste breaches requirements under transport regulations, and/or the collection or transport poses or may pose a danger to property, people or the environment, all at the discretion of ContainerOnline, ContainerOnline is entitled not to empty the container or to refuse to remove the container/waste.
If the matters set out in article 19.2, paragraph five, only become apparent after emptying or transport, ContainerOnline will charge the customer for any resulting damage and costs, including fines. The customer shall indemnify ContainerOnline, its employees and third parties engaged by ContainerOnline against any claims in this regard.

Article 8. Collection equipment

The collection equipment and related materials used to enable collection remain the property of ContainerOnline at all times. The customer is prohibited from selling, renting out or otherwise encumbering the collection equipment, or making it available to third parties.
From the moment of delivery, the customer is liable for damage to and loss of the collection equipment. All collection equipment is deemed to be in good condition at the moment it comes into the customer's possession, unless the customer provides evidence to the contrary. The customer must report any complaints about or defects in the collection equipment to ContainerOnline in writing within five working days of the collection equipment coming into the customer's possession. If ContainerOnline has not received any complaints regarding the collection equipment within five working days, it is deemed to have been delivered in good condition and free of defects.
The customer must report any loss of and/or damage to the collection equipment to ContainerOnline in writing immediately. Damage includes, among other things, damage caused by fire, theft and soiling. Damaged collection equipment will be repaired or replaced by ContainerOnline, at the discretion of ContainerOnline. ContainerOnline will charge the customer separately for the costs of repair or replacement.
The customer must ensure the proper safekeeping of the collection equipment at its own expense and risk. The customer is required to use, handle, load and keep the collection equipment clean with due care and in accordance with its intended purpose.
Damage suffered by the customer and/or third parties caused by the collection equipment after it has come into the customer's possession is at the expense and risk of the customer. The customer indemnifies ContainerOnline and any third parties engaged by ContainerOnline against all claims in this regard.
Costs arising from normal wear and tear of the collection equipment, or damage to the collection equipment caused by ContainerOnline, are borne by ContainerOnline, at the discretion of ContainerOnline. The customer must permit the repair and/or replacement of the materials by ContainerOnline or by third parties engaged by ContainerOnline. The customer is under no circumstances entitled to any compensation for inconvenience, loss of time, replacement or otherwise.
The customer is liable for costs and fines arising from the placement of the collection equipment on its premises and on the public highway in accordance with its instructions. The customer indemnifies ContainerOnline and any third parties engaged by ContainerOnline against all claims in this regard.
ContainerOnline is not liable to the customer for any obstruction to the use of the collection equipment caused to the customer by third parties.
After the agreement has ended, the customer is required to return the collection equipment to ContainerOnline in good condition (and, in the case of containers, also empty) at its own expense and risk.

Article 9. Waste

The customer must comply with ContainerOnline's instructions as set out in the agreement, or with instructions that ContainerOnline gives the customer at a later date, regarding the way in which the waste is to be presented and/or packaged.
The government-mandated registration of the removal of the waste, which is recorded by ContainerOnline, does not release the customer from its own registration obligations regarding the handover of waste.
The waste and, where applicable, the packaging become the property of ContainerOnline or of third parties engaged by ContainerOnline from the moment of acceptance, unless it becomes apparent after acceptance that the waste does not match the declaration/description. If the waste does not match the declaration/description of the waste, acceptance is deemed not to have taken place. Acceptance expressly does not necessarily take place at the moment ContainerOnline receives the waste.
ContainerOnline is entitled at all times during the agreement to take a sample of the waste, or to inspect or analyse the waste (or have it inspected or analysed). Any costs associated with sampling, inspection or analysis shall be borne by the customer.

Article 10. Suspension, dissolution and (early) termination of the agreement

ContainerOnline is entitled to suspend the fulfilment of its obligations or to dissolve the agreement if:

the Customer fails to fulfil the obligations under the agreement, or fails to fulfil them in full or on time;
circumstances that come to ContainerOnline’s knowledge after the agreement has been concluded give good reason to fear that the Customer will not fulfil its obligations: ContainerOnline will notify the Customer of this concern in writing and give the Customer 14 days to provide ContainerOnline with assurance, by means of a written and reasoned statement, that the agreement will be fulfilled. If the Customer fails to do so, ContainerOnline is entitled to suspend its obligations or dissolve the agreement.

ContainerOnline is furthermore entitled to dissolve the agreement if circumstances arise that are of such a nature that fulfilment of the agreement is impossible, or if other circumstances arise that are of such a nature that ContainerOnline cannot reasonably be expected to maintain the agreement unchanged.
If the agreement is dissolved, ContainerOnline's claims against the Customer become immediately due and payable. If ContainerOnline suspends the fulfilment of its obligations, it retains its rights under the law and the agreement.
If ContainerOnline proceeds with suspension or dissolution, it is in no way obliged to compensate any damage or costs arising from this in any way.
If the dissolution is attributable to the Customer, ContainerOnline is entitled to compensation for damages, including in any event but not limited to the costs arising directly and indirectly as a result of the dissolution attributable to the Customer.
If the Customer fails to fulfil its obligations under the agreement and this failure justifies termination, ContainerOnline is entitled to terminate the agreement immediately and with immediate effect, without any obligation on its part to pay any damages or compensation, whereas the Customer, by reason of breach of contract, is obliged to pay damages or compensation.
In the event of liquidation, (an application for) a moratorium on payments or bankruptcy, attachment – if and insofar as the attachment has not been lifted within three months – against the Customer, debt restructuring or any other circumstance as a result of which the Customer can no longer freely dispose of its assets, ContainerOnline 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 damages or compensation. In that case, ContainerOnline's claims against the Customer become immediately due and payable.
If the Customer cancels or terminates an order in whole or in part, the goods ordered or prepared for it, plus any related transport, removal and delivery costs and the working time reserved for performing the agreement, will be charged to the Customer in full.

Article 11. Force majeure

ContainerOnline is not obliged to fulfil any obligation towards the Customer if it is prevented from doing so as a result of a circumstance that is not attributable to its fault and for which it is not accountable by law, a legal act or generally accepted practice.
In these general terms and conditions, force majeure means, in addition to what is understood by it in law and case law, all external unforeseen causes over which ContainerOnline has no influence, but as a result of which ContainerOnline is unable to fulfil its obligations. This includes strikes at ContainerOnline's business or that of third parties. ContainerOnline is also entitled to invoke force majeure if the circumstance preventing (further) performance of the agreement arises after ContainerOnline should have fulfilled its commitment.
ContainerOnline may suspend its obligations under the agreement for as long as the force majeure continues. If this period lasts longer than two months, either party is entitled to terminate the agreement, without any obligation to compensate the other party for damage.
Insofar as ContainerOnline, at the time the force majeure occurs, has already partially fulfilled or will be able to fulfil its obligations under the agreement, and the part fulfilled or to be fulfilled has independent value, ContainerOnline is entitled to invoice the part already fulfilled or to be fulfilled separately. The Customer is obliged to pay this invoice as if it were a separate agreement.

Article 12. Payment and collection costs

Payment must be made within 14 days of the invoice date, in a manner to be specified by ContainerOnline.
If the Customer fails to pay an invoice on time, the Customer is in default by operation of law. The Customer will then owe interest of 1.5% per month. The interest on the amount due will be calculated from the moment the Customer is in default until the moment the full amount owed has been paid. Part of a month is counted as a full month for the calculation of interest.
ContainerOnline has the right to apply payments made by the Customer first to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the current interest.
ContainerOnline may, without thereby being in default, refuse an offer of payment if the Customer designates a different order for the allocation of the payment. ContainerOnline may refuse full repayment of the principal sum if this does not also include payment of the
interest due and current interest and the collection costs.
The Customer is never entitled to set off any amount it owes to ContainerOnline.
Objections to the amount of an invoice do not suspend the payment obligation. A Customer who cannot invoke Section 6.5.3 (Articles 231 to 247 of Book 6 of the Dutch Civil Code) is likewise not entitled to suspend payment of an invoice for any other reason.
If the Customer is in default or in breach of the (timely) fulfilment of its obligations, all reasonable costs of obtaining payment out of court will be borne by the Customer. The extrajudicial costs are calculated in accordance with the Voorwerk II Report. However, if ContainerOnline has incurred higher collection costs that were reasonably necessary, the costs actually incurred will be eligible for reimbursement. Any legal and enforcement costs incurred will also be recovered from the Customer. The Customer also owes interest on the collection costs due.

Article 13. Liability

Should ContainerOnline be liable, this liability is limited to what is set out in this provision.
ContainerOnline is not liable for damage of any kind arising because ContainerOnline relied on incorrect and/or incomplete information provided by or on behalf of the Customer.
ContainerOnline is only liable for direct damage. Should ContainerOnline be liable for damage, ContainerOnline's liability is limited to a maximum of three times the invoice value of the part of the order to which the liability relates or, if lower, the amount paid out by ContainerOnline's liability insurer.
Direct damage means exclusively the reasonable costs of establishing the cause and extent of the damage, insofar as this relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to make ContainerOnline's defective performance conform to the agreement, insofar as these can be attributed to ContainerOnline, and reasonable costs incurred to prevent or limit damage, insofar as the Customer demonstrates that these costs have led to a limitation of direct damage as referred to in these general terms and conditions.
ContainerOnline is never liable for indirect damage, including consequential damage, lost profits, missed savings and damage due to business interruption.
The limitations of liability set out in this article do not apply if the damage is due to intent or gross negligence on the part of ContainerOnline or its managerial staff.

Article 14. Indemnification

The Customer indemnifies ContainerOnline against any claims by third parties who suffer damage in connection with the performance of the agreement and whose cause is attributable to parties other than ContainerOnline.
If ContainerOnline is held liable by third parties on these grounds, the Customer is obliged to assist ContainerOnline both in and out of court and to do immediately everything that may be expected of them in that case. Should the Customer fail to take adequate measures, ContainerOnline is entitled to take such measures itself without notice of default. All costs and damage incurred by ContainerOnline and third parties as a result shall be borne entirely at the Customer’s expense and risk.

Article 15. Applicable law and disputes

All legal relationships to which ContainerOnline is a party are governed exclusively by Dutch law, even if an obligation is performed wholly or partly abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention (CISG) is excluded.
The court in the place where ContainerOnline is established has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise on a mandatory basis. Nevertheless, ContainerOnline has the right to submit the dispute to the court that has jurisdiction by law.
The parties will only turn to the courts after they have made every effort to settle a dispute by mutual agreement.

Article 16. Where to find these terms and amendments

These terms and conditions were filed with the Chamber of Commerce on 10 February 2021.
The version that applies is always the most recently filed version, or the version that was in force when the legal relationship with ContainerOnline was established.
The Dutch text of the general terms and conditions shall always prevail in their interpretation.

Article 17. Payment by Pay Later

Payment must be made to Klarna B.V. (hereinafter: “Klarna”) within the stated payment term. This is because we have transferred all rights arising from the claim to Klarna, which will collect the claim.
Your details will be checked and registered by or on behalf of Klarna. These details may be used for purposes including the collection of claims and the assessment of orders under the acceptance policies of affiliated organisations.
Klarna reserves the right to refuse the customer’s request to pay on account. The payment term applied is a strict deadline. If payment is not made on time, the customer will therefore be in default without any notice of default being required, and Klarna will be entitled to charge contractual interest of 0.75% per month (with part of a month counting as a whole month) from the due date of the invoice. Klarna is also entitled to charge the customer extrajudicial collection costs as provided for by law. In the case of business customers, Klarna is also entitled to charge the customer reminder and demand fees, without prejudice to Klarna’s right to charge the customer the costs actually incurred if these exceed the amount calculated in this way. These costs amount to at least 15% of the principal sum, with a minimum of 40 euros for consumers and 75 euros for businesses. Klarna is also entitled to transfer the claim to a third party. In that case, the provisions above relating to Klarna will also pass to the third party to whom the claim has been transferred.”

Article 18. Processing of personal data

Under legislation on the processing of personal data (such as the General Data Protection Regulation), the Contractor has obligations towards third parties, including the obligation to provide information, to grant access to personal data, and to restrict, rectify and erase the personal data of data subjects, as well as to transfer this personal data to another controller.
The parties agree that, with regard to the processing of personal data, the Supplier is a ‘processor’ within the meaning of the General Data Protection Regulation, and that responsibility for complying with those obligations when processing personal data through the Service or otherwise lies solely with the Client. In this respect, the provisions in the Appendix apply to the processing of personal data.
The Client guarantees to the Supplier that personal data is processed lawfully and that no rights of third parties are infringed. The Client indemnifies the Supplier against any legal claim by third parties, on whatever grounds, where that claim relates to the processing of personal data, as well as against any fines attributable to the Client imposed by the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) or other competent supervisory authorities.