This is the privacy statement of the partnership Sagittarius One, hereinafter: Sagittarius One. Sagittarius One is registered with the Chamber of Commerce under number 73580325 and is located at Max Plackstraat 44, 2041 CZ in Zandvoort. This document explains how Sagittarius One handles the processing of your personal data. In the processing of your personal data, Sagittarius One exercises the greatest possible care.
Acquisition of personal data: If you use the services of Sagittarius One, you provide a number of personal data to Sagittarius One yourself, or personal data are obtained from you in the context of the agreement. Personal data means all data relating to an identified or identifiable natural person.
Categories of personal data: Sagittarius One processes the following categories of personal data:
- Contact and address details;
- Location data, such as postcodes with house numbers;
- Financial data;
- Other personal data provided by you. Purpose of the processing: The personal data processed by Sagittarius One are intended to:
- Contact you to inform you about the services you have purchased and their implementation;
- Carry out its services;
- Improve service provision;
- Making payments;
- Comply with legal obligations;
- Carry out marketing and communication expressions;
- Improve the website by analysing visitor behaviour on the website;
- Send newsletters;
- Exchange data with third parties for the execution of the service provision.
Basis for processing: Processing of personal data is only possible on the basis of the following legal bases: (i) legal obligation, (ii) performance of an agreement, (iii) obtained (express) consent of the data subject, and (iv) legitimate interest. In providing the services of Sagittarius One, personal data is processed. Sagittarius One only processes data that Sagittarius One deems necessary for (improving) the service and handles carefully the (personal) data it has collected about you and your use of the services. The basis for processing these data is the agreement you have entered into with Sagittarius One. Personal data may also be processed from you by visiting the website www.sagittarius-one.com if you have given permission for this.
Necessity of processing: Processing of your personal data is necessary in order to be able to provide the service. The services that Sagittarius One offers cannot be fully executed without processing your personal data. If explicit consent is required for specific purposes related to personal data, you must give separate consent for this. Automated decision-making: There is no automated decision-making.
Retention period: The personal data processed by Sagittarius One are stored in accordance with the relevant laws and regulations. If a longer retention period is necessary under law or regulation, the personal data will be retained longer in accordance with these requirements. All (obtained) personal data are not stored longer than strictly necessary.
Processing by third parties: Sagittarius One only share personal data with third parties if this is strictly necessary for the execution of an agreement and to comply with relevant laws and regulations. No personal data is sold. Sagittarius One may have a legal obligation to share personal data with third parties. If personal data is shared with third parties, processor agreements are concluded for this. The third parties with whom personal data is shared are:
- The engaged delivery service(s), for the execution of the agreement. The categories of personal data processed are contact and address details and location data.
- The Payment Provider, for the execution of an agreement. The categories of personal data processed are financial data.
- The Accountant, for the execution of an agreement. The categories of personal data processed are contact and address details and financial data.
- Software suppliers, for the execution of the agreement. The categories of personal data processed are location data, and contact and address details.
- Website administrator, for the execution of the agreement. The categories of personal data processed are location data and contact and address details.
Security of Personal Data: Sagittarius One takes the protection of your personal data seriously and, taking into account the state of the art, implementation costs, as well as the nature, scope, context and processing purposes and the risks of varying likelihood and severity for the rights and freedoms of individuals, appropriate technical and organizational measures to ensure a level of security appropriate to the risk.
Website Disclaimer: By using the website, you agree to the disclaimer. Sagittarius One reserves the right to change the content of its website and/or this disclaimer at any time without informing its customers and/or users of the website about this change. The content of the website has been compiled with the greatest possible care, but may nevertheless contain possible inaccuracies or be incomplete. Sagittarius One accepts no liability whatsoever for any damage resulting from, or arising out of the use of the website. Using this website is entirely at the user’s own risk and responsibility. No rights can be derived from the content of the website. All texts on the website are copyrighted and owned by Sagittarius One, unless they belong to third parties.
Cookie Statement Sagittarius One uses technical and functional cookies. Cookies are small text files that are sent when visiting a website to make user experiences more efficient. According to the law, Sagittarius One may store cookies on your device if these cookies are strictly necessary for the use of the website. Consent is required for all other types of cookies. We recommend accepting the cookies for the user-friendliness of the website. Visitors of the website have a check-in option.
The cookies that Sagittarius One uses are functional cookies: these cookies ensure that the website works properly. These cookies have no implications for privacy, so no permission needs to be asked and granted. These cookies, for example, save your browser settings so that our website can be viewed at its best, or that the website remains accessible (load-balancing), but also cookies that prevent other cookies from being placed (no-follow).
The Sagittarius One website also places Google cookies for Google Analytics. We do not track what you do on the internet. Google Analytics may be required to provide insight into these data under applicable law and regulation. This means that Sagittarius One cannot link information to a natural person. If you have any questions about this, please contact us at firstname.lastname@example.org.
Browser settings If you do not want websites to place cookies on your device with which you view the website, you can adjust your browser settings. You will receive a warning and you must give permission for the cookie before a cookie is placed. If you do not, for example, the website may not work as well. You can adjust your browser settings so that your browser refuses all cookies, including those of third parties. You can also remove placed cookies. To do this, you need to adjust your browser settings through preferences and then you can adjust the privacy settings.
This privacy statement does not apply to third-party websites linked to this website. We cannot guarantee that these third parties handle your personal data in a reliable or secure manner. We recommend that you read the privacy statement of these websites before using these websites.
Rights of the data subject As a data subject, you have the following rights:
- Right of access; As a data subject, you have the right to obtain confirmation as to whether or not your personal data is being processed, and, where that is the case, access to the processing thereof.
- Right to rectification; You have the right to obtain rectification and supplementation of inaccurate data.
- Right to erasure. A data subject shall obtain the erasure of personal data concerning him or her without undue delay.
- Right to restriction of processing; As a data subject, you have the right to limit the processing of your personal data. Please contact Sagittarius One for this.
- Right to data portability; A data subject has the right to obtain the personal data concerning him or her, which he or she has provided to Sagittarius One, in a structured, commonly used, and machine-readable format, and to transmit this data to Sagittarius One without hindrance from the controller to whom they were provided.
- Right to object; The data subject has the right to object, on grounds relating to his or her particular situation, at any time to the processing of personal data concerning him or her, including profiling based on those provisions. Sagittarius One will cease processing the personal data unless there are compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject or for the establishment, exercise, or defense of legal claims.
Complaint If you have a complaint about how Sagittarius One handles your personal data, or if you want to exercise any of the above rights, you can contact us via the website, by e-mail email@example.com or by phone at 0634703732. To ensure that you want to exercise a right, Sagittarius One asks you to send a copy of your identity document. You can black out your passport photo and MRZ (strip with numbers at the bottom) for the protection of your privacy. Sagittarius One will respond to your request as soon as possible, but no later than 4 weeks. You can also file a complaint with the Data Protection Authority. This is the competent enforcement authority. You can contact them via this link: https://autoriteitpersoonsgegevens.nl/nl/contact-met-de-autoriteit-persoonsgegevens/tip-ons.
Changes to the Privacy Statement Sagittarius One can change the privacy statement at any time. The most recent version is published on the website. Therefore, always check the website for the most recent version. If the new privacy statement affects the way we process already collected data relating to you, we will inform you by e-mail. This version was last established on July 6, 2020.
Shipping and returns
Article 6 Delivery
- If the commencement, progress or delivery of the Agreement is delayed because, for example, the Buyer has not provided all requested information on time, provides insufficient cooperation, the (advance) payment is not received on time by Sagittarius One or there is any delay due to circumstances beyond the control of Sagittarius One, Sagittarius One is entitled to a reasonable extension of the delivery period. All agreed delivery periods are never deadlines. The Buyer must put Sagittarius One in default in writing and grant it a reasonable period to still be able to deliver. The Buyer has no right to any compensation due to the delay.
- If the Buyer refuses to accept or is negligent in providing information or instructions necessary for delivery, Sagittarius One is entitled to store the goods at the expense and risk of the Buyer.
- If the Products are delivered by Sagittarius One or an external carrier, Sagittarius One is entitled, unless otherwise agreed in writing, to charge any delivery costs. These will then be invoiced separately unless expressly agreed otherwise.
- If Sagittarius One requires data from the Buyer for the execution of the Agreement, the delivery time only starts after the Buyer has provided all data required for the execution to Sagittarius One.
- If Sagittarius One has stated a delivery term, it is indicative. Longer delivery periods apply for deliveries outside the Netherlands.
- Sagittarius One is entitled to deliver the goods in parts, unless otherwise agreed in the Agreement or if the partial delivery has no independent value. Sagittarius One is entitled to invoice what has been delivered separately.
- Deliveries are only made if all invoices have been paid unless expressly agreed otherwise. Sagittarius One reserves the right to refuse delivery if there is a legitimate fear of non-payment.
Article 7 Packaging and transport
- Sagittarius One commits to the Buyer to properly pack the goods to be delivered and secure them in such a way that they reach their destination in good condition under normal use.
- Unless otherwise agreed in writing, all deliveries are including value-added tax (VAT), including packaging and packaging material.
- Accepting goods without remarks on the freight letter or receipt serves as proof that the packaging was in good condition at the time of delivery.
Article 8 Inspection, complaints
- The Buyer is obliged to (have someone) examine the delivered goods at the time of delivery, but in any case within 14 days after receipt of the goods, but only to unpack or use them to the extent necessary to assess whether they want to keep the Product. The Buyer should investigate whether the quality and quantity of the delivered goods match the Agreement and the Products meet the requirements that apply to them in normal (commercial) traffic.
- The Buyer is obliged to investigate and inform themselves about how the Product should be used and when used personally, to test the Product in accordance with the instructions. Sagittarius One accepts no liability for the misuse of the Product by the Buyer.
- Any visible defects or shortages must be reported in writing to Sagittarius One after delivery at firstname.lastname@example.org. The Buyer has a period of 14 days after delivery for this. Non-visible defects or shortages must be reported within 14 days of discovery but no later than 6 months after delivery. In case of damage to the Product due to careless handling by the Buyer, the Buyer is liable for any depreciation of the Product.
- If a complaint is made in time according to the previous paragraph, the Buyer remains obliged to pay for the purchased goods in the exercise of their profession or business. If a Buyer wishes to return defective goods, this is only done with prior written permission from Sagittarius One in the manner indicated by Sagittarius One.
- If the Consumer exercises their right of withdrawal, they will return the Product and all accessories, as far as reasonably possible, in their original condition and packaging to Sagittarius One, in accordance with Sagittarius One’s return instructions. The direct costs of return shipments are at the expense and risk of the Buyer.
- Sagittarius One is entitled to conduct an investigation into the authenticity and condition of the returned Products before a refund will take place.
- Refunds to the Buyer are processed as soon as possible, but the payment can take up to 30 days after receipt of the return shipment. Refunds are made to the previously stated account number.
- If the Buyer exercises their right to complain, they have no right to suspend their payment obligation or to offset outstanding invoices.
- In case of incomplete delivery, and/or if one or more Products are missing, and this is due to Sagittarius One, Sagittarius One will, after a request from the Buyer, send the missing Product(s) or cancel the remaining order. The receipt confirmation of the Products is leading here. Any damage suffered by the Buyer due to the (deviating) size of the delivery cannot be claimed from Sagittarius One.
General terms and conditions
The general partnership Sagittarius One is registered with the Chamber of Commerce under number 73580325 and is located at Max Planckstraat 44, 2041CZ in Zandvoort.
Article 1 Definitions
- In these general terms and conditions, the following terms are used in the following meaning, unless explicitly stated otherwise:
- Offer: Any written offer to Buyer for the delivery of Products by Seller to which these conditions are inseparably linked.
- Company: The natural or legal person who acts in the exercise of profession or business.
- Consumer: The natural person who does not act in the exercise of profession or business.
- Buyer: The Company or the Consumer who enters into an Agreement (at a distance) with the Seller.
- Agreement: The purchase agreement (at a distance) aimed at the sale and delivery of Products bought by Buyer from Sagittarius One.
- Products: The Products offered by Sagittarius One are sanitary products in the broadest sense of the word.
- Seller: The provider of Products to Buyer, hereafter: Sagittarius One.
Article 2 Applicability
- These general conditions apply to every Offer from Sagittarius One and every Agreement between Sagittarius One and a Buyer and to every Product offered by Sagittarius One.
- Before an Agreement (at a distance) is concluded, the Buyer will have access to these general terms and conditions. If this is not reasonably possible, Sagittarius One will indicate to the Buyer how they can view the general terms and conditions, which are in any case published on the Sagittarius One website, so that the Buyer can easily store these general terms and conditions on a durable data carrier.
- In exceptional situations, these general terms and conditions may be deviated from if this has been explicitly and in writing agreed with Sagittarius One.
- These general conditions also apply to additional, amended and follow-up agreements with Buyer. Any general and/or purchase conditions of the Buyer are expressly rejected.
- If one or more provisions of these general terms and conditions are partially or completely null and void or are annulled, the remaining provisions of these general terms and conditions remain in force and the null/annulled provision(s) will be replaced by a provision with the same purport as the original provision.
- Ambiguities about the content, interpretation or situations that are not regulated in these general terms and conditions should be assessed and explained according to the spirit of these general terms and conditions.
- If these general terms and conditions refer to she/her, this should also be understood as a reference to he/him/his, if and insofar as applicable.
Article 3 The Offer
- All offers made by Sagittarius One are without obligation, unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly mentioned in the offer. An Offer is only in effect once it is recorded in writing.
- Sagittarius One is only bound by the Offer if the acceptance thereof by the Buyer is confirmed in writing within 30 days, or because the Buyer has already paid the amount due. Nevertheless, Sagittarius One has the right to refuse an Agreement with a potential Buyer for a reason justified to Sagittarius One.
- The Offer contains an accurate description of the offered Product with corresponding prices. The description is detailed enough so that the Buyer is able to make a good assessment of the Offer. Manifest errors or mistakes in the Offer cannot bind Sagittarius One. Any images and specific data in the Offer are only indicative and cannot be the basis for any compensation or the termination of the Agreement (at a distance). Sagittarius One cannot guarantee that the colors in the image exactly match the real colors of the Product.
- Delivery times and Terms mentioned in the Offer from Sagittarius One are indicative and do not give the Buyer the right to dissolution or compensation in case of exceeding them, unless expressly agreed otherwise.
- A composite quotation does not oblige Sagittarius One to deliver part of the items included in the offer or Offer at a part of the quoted price.
- If and insofar as an offer applies, this does not automatically apply to reorders. Offers are only valid while stocks last, and according to the first-come-first-served principle.
Article 4 Formation of the Agreement
- The Agreement is established at the moment the Buyer has accepted an Offer from Sagittarius One by paying for the respective Product.
- An Offer can be made by Sagittarius One via the website.
- If the Buyer has accepted the Offer by concluding an Agreement with Sagittarius One, Sagittarius One will confirm the Agreement with the Buyer in writing, or at least by email.
- If the acceptance (on minor points) deviates from the Offer, Sagittarius One is not bound by it.
- Sagittarius One is not bound by an Offer if the Buyer could reasonably have expected or should have understood or ought to have understood that the Offer contains an obvious mistake or typo. The Buyer cannot derive any rights from this mistake or typo.
- The right of withdrawal is excluded for a Buyer being a Company. The Consumer has the right to exercise her right of withdrawal within the legal term. If withdrawal applies, the Buyer will handle the Product and its packaging carefully. She will only unpack or use the Product to the extent necessary to determine the nature, characteristics and functioning of the Product. The direct costs of returning the Product are for the Buyer’s account.
- Products that cannot be taken back for hygiene reasons are excluded from the right of withdrawal. This is expressly mentioned in the Offer.
Article 5 Execution of the Agreement
- Sagittarius One will execute the Agreement to the best of its understanding and ability.
- If and insofar as a proper execution of the Agreement requires it, Sagittarius One has the right to have certain tasks performed by third parties at its discretion.
- The Buyer shall ensure that all data, which Sagittarius One indicates to be necessary or which the Buyer should reasonably understand to be necessary for the execution of the Agreement, are provided to Sagittarius One in a timely manner. If the data required for the execution of the Agreement have not been provided to Sagittarius One in a timely manner, Sagittarius One has the right to suspend the execution of the Agreement.
- In the execution of the Agreement, Sagittarius One is not obliged or bound to follow the Buyer’s instructions if this would change the content or scope of the Agreement. If the instructions result in additional work for Sagittarius One, the Buyer is obliged to compensate the additional or incidental costs accordingly.
- Sagittarius One can demand security from the Buyer before proceeding with the execution of the Agreement, or full advance payment.
- Sagittarius One is not liable for damage of any kind caused by Sagittarius One relying on incorrect and/or incomplete data provided by the Buyer unless this inaccuracy or incompleteness was known to Sagittarius One.
- The Buyer indemnifies Sagittarius One for any claims from third parties who suffer damage in connection with the execution of the Agreement and which is attributable to the Buyer.
Article 6 Delivery
- If the commencement, progress or delivery of the Agreement is delayed because, for example, the Buyer has not provided all the requested information in a timely manner, does not cooperate sufficiently, the (down)payment has not been received by Sagittarius One in a timely manner, or any delay occurs due to circumstances beyond the control of Sagittarius One, Sagittarius One is entitled to a reasonable extension of the delivery term. All agreed delivery terms are never fatal terms. The Buyer must put Sagittarius One in default in writing and grant it a reasonable period to be able to deliver. The Buyer has no right to any compensation due to the delay.
- If the Buyer refuses to accept or is negligent in providing information or instructions necessary for delivery, Sagittarius One is entitled to store the items at the Buyer’s expense and risk.
- If the Products are delivered by Sagittarius One or an external carrier, Sagittarius One, unless otherwise agreed in writing, is entitled to charge any delivery costs. These will then be invoiced separately unless explicitly agreed otherwise.
- If Sagittarius One needs data from the Buyer for the execution of the Agreement, the delivery time will only start after the Buyer has provided all the necessary data for execution to Sagittarius One.
- If Sagittarius One has specified a delivery period, it is indicative. Longer delivery periods apply to delivery outside the Netherlands.
- Sagittarius One is entitled to deliver the goods in parts, unless otherwise agreed in the Agreement or the partial delivery has no independent value. Sagittarius One is entitled to invoice the thus delivered separately.
- Deliveries are only made if all invoices have been paid unless explicitly agreed otherwise. Sagittarius One reserves the right to refuse delivery if there is a justified fear of non-payment.
Article 7 Packaging and Transport
- Sagittarius One undertakes to the Buyer to properly package the goods to be delivered and secure them in such a way that they reach their destination in good condition under normal use.
- Unless otherwise agreed in writing, all deliveries include value-added tax (VAT), including packaging and packaging material.
- Acceptance of goods without comments on the freight note or receipt is proof that the packaging was in good condition at the time of delivery.
Article 8 Investigation, complaints
- The Buyer is obliged to (have someone) investigate the delivered goods at the time of delivery, but in any case within 14 days after receiving the delivered goods, but only to the extent of unpacking or using as necessary to decide whether they will keep the Product. This includes the Buyer checking whether the quality and quantity of the delivered goods match the Agreement and whether the Products meet the requirements that apply in normal (commercial) traffic.
- The Buyer is required to investigate and inform themselves on how the Product should be used and, for personal use, to test the Product according to the instructions. Sagittarius One does not accept any liability for the incorrect use of the Product by the Buyer.
- Any visible defects or shortcomings must be reported to Sagittarius One in writing at email@example.com after delivery. The Buyer has a period of 14 days after delivery for this. Non-visible defects or shortcomings should be reported within 14 days of discovery but no later than 6 months after delivery. If the Product is damaged due to careless handling by the Buyer themselves, the Buyer is liable for any depreciation of the Product.
- If a complaint is made in time according to the previous paragraph, the Buyer remains obligated to pay for the purchased goods in the course of business or profession. If a Buyer wishes to return defective items, this will only be done with the prior written consent of Sagittarius One in the manner indicated by Sagittarius One.
- If the Consumer uses his right of withdrawal, he will return the Product and all accessories, as far as reasonably possible, in original condition and packaging to Sagittarius One, in accordance with the return instructions from Sagittarius One. The direct costs for return shipments are at the expense and risk of the Buyer.
- Sagittarius One is entitled to initiate an investigation into the authenticity and condition of the returned Products before a refund will take place.
- Refunds to the Buyer will be processed as soon as possible, but the payment can take up to 30 days after receipt of the returned shipment. The refund is made to the previously provided account number.
- If the Buyer exercises their right to complain, they have no right to suspend their payment obligation nor to offset outstanding invoices.
- In case of incomplete delivery, and/or if one or more Products are missing, and this is due to Sagittarius One, Sagittarius One will, after a request from the Buyer, send the missing Product(s) or cancel the remaining order. The confirmation of receipt of the Products is leading in this. Any damage suffered by the Buyer as a result of the (deviating) size of the delivery, cannot be claimed from Sagittarius One.
Article 9 Prices
- During the validity period of the Offer, the prices of the offered Products are not increased, except in case there are changes in VAT rates.
- The prices mentioned in the Offer include VAT, unless explicitly stated otherwise.
- The prices mentioned in the Offer are based on the cost factors applicable at the time of concluding the Agreement such as: import and export duties, freight and unloading costs, insurance, and any levies and taxes.
- If there are Products or raw materials that have price fluctuations on the financial market and which Sagittarius One has no influence over, Sagittarius One can offer these Products with variable prices. The Offer will state that the prices are indicative and can fluctuate.
Article 10 Payment and debt collection policy
- Payment can be made in advance or afterwards in the currency in which it is invoiced via the indicated method.
- The Buyer cannot derive any rights or expectations from a preliminary estimate, unless the parties have expressly agreed otherwise.
- The Buyer must make the payment at once to the account number and details of Sagittarius One made known to her. Parties can only agree on a different payment term with explicit and written consent from Sagittarius One.
- If a periodic payment obligation of the Buyer has been agreed upon, Sagittarius One is entitled to adjust the prevailing prices and rates in writing, observing a period of 3 months.
- In case of liquidation, bankruptcy, seizure or suspension of payment of the Buyer, the claims of Sagittarius One on the Buyer are immediately due.
- Sagittarius One has the right to have the payments made by the Buyer in the first place to reduce the costs, then to reduce the interest fallen due, and finally to reduce the principal sum and the current interest. Sagittarius One can, without being in default, refuse an offer of payment if the Buyer designates a different order for allocation. Sagittarius One may refuse full repayment of the principal if it does not also include the accrued and current interest as well as the costs.
- If the Buyer does not meet her payment obligation and has not complied with her obligation within the payment term of 14 days, the Buyer being a Company is in default. A Buyer being a Consumer will first receive a written notice with a term of 14 days after the date of the notice to still meet the payment obligation, stating the extrajudicial costs if the Consumer does not meet his obligations within that term, before she is in default.
- From the date that the Buyer is in default, Sagittarius One will claim the statutory (commercial) interest from the first day of default until full satisfaction and reimbursement of the extrajudicial costs in accordance with Article 6:96 BW to be calculated according to the scale from the decision compensation for extrajudicial collection costs of 1 July 2012.
- If Sagittarius One has incurred more or higher costs that are reasonably necessary, these costs qualify for reimbursement. Also, the legal and execution costs incurred are for the account of the Buyer.
Article 11 Retention of Title
- All items delivered by Sagittarius One remain the property of Sagittarius One until the Buyer has fulfilled all subsequent obligations from all Agreements concluded with Sagittarius One.
- The Buyer is not authorized to pledge the items falling under the retention of title or to encumber them in any other way if the ownership has not fully transferred yet.
- If third parties seize the items delivered under the retention of title, or wish to establish or enforce rights thereon, the Buyer is obligated to inform Sagittarius One as quickly as can reasonably be expected.
- In the event that Sagittarius One wishes to exercise its ownership rights indicated in this article, the Buyer already gives unconditional and irrevocable permission and authorization to Sagittarius One or third parties designated by them, to enter all those places where Sagittarius One’s properties are located and to take back those items.
- Sagittarius One has the right to keep the Product(s) purchased by the Buyer, if the Buyer has not yet (fully) fulfilled his payment obligations, despite an obligation to transfer or deliver by Sagittarius One. After the Buyer has still fulfilled his obligations, Sagittarius One will endeavor to deliver the purchased Products as quickly as possible, but no later than within 20 working days, to the Buyer.
- Costs and other (consequential) damage as a result of keeping the purchased Products are for the account and risk of the Buyer and will be reimbursed to Sagittarius One by the Buyer upon first request.
Article 12 Warranty
Sagittarius One warrants that the Products comply with the Agreement, the specifications mentioned in the offer, usability and/or reliability and the legal rules/regulations at the time of the conclusion of the Agreement. This also applies if the items to be delivered are intended for use abroad and the Buyer has expressly notified the Seller in writing of this use at the time of entering into the Agreement.
Article 13 Suspension and Dissolution
- Sagittarius One is authorized to suspend the fulfillment of obligations or to dissolve the Agreement if the Buyer does not or does not fully meet the (payment) obligations from the Agreement.
- Furthermore, Sagittarius One is authorized to dissolve the Agreement existing between her and the Buyer, insofar as it has not yet been executed, without judicial intervention, if the Buyer does not timely or properly fulfill the obligations arising for him from any Agreement concluded with Sagittarius One.
- In addition, Sagittarius One is authorized to (cause to) dissolve the Agreement without prior default notice if circumstances occur of such a nature that fulfillment of the Agreement is impossible or can no longer be demanded according to standards of reasonableness and fairness, or if other circumstances occur of such a nature that unchanged maintenance of the Agreement cannot reasonably be expected.
- If the Agreement is dissolved, Sagittarius One’s claims on the Buyer are immediately due. When Sagittarius One suspends the fulfillment of obligations, she retains her claims under the law and the Agreement.
- Sagittarius One always retains the right to claim compensation.
Article 14 Limitation of Liability
- If the execution of the Agreement by Sagittarius One leads to liability of Sagittarius One towards the Buyer or third parties, this liability is limited to the costs charged by Sagittarius One in connection with the Agreement unless the damage was caused by intent or gross negligence. The liability of Sagittarius One is in any case limited to the damage amount that the insurance company pays out maximally per event per year.
- Sagittarius One is not liable for consequential damage, indirect damage, loss of profit and/or suffered loss, missed savings and damage resulting from the use of the delivered Products is excluded. For Consumers, a limitation applies in accordance with what is permitted under article 7:24 paragraph 2 BW.
- Sagittarius One is not liable for and/or obliged to repair damage caused by the use of the Product.
- Sagittarius One is not liable for damage that is the result or could be the result of any action or omission as a result of (imperfect and/or incorrect) information on the website(s) or linked websites.
- Sagittarius One is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the website not being available for whatever reason.
- Sagittarius One does not guarantee the correct and complete transmission of the content of and by/on behalf of Sagittarius One sent email, nor for its timely receipt.
- All claims by the Buyer due to shortcomings on the part of Sagittarius One will expire if they are not reported in writing and substantiated to Sagittarius One within one year after the Buyer knew or could reasonably have known the facts on which he bases his claims. All claims by the Buyer will in any case expire one year after the end of the Agreement.
Article 15 Force Majeure
- Sagittarius One is not liable if it cannot fulfill its obligations under the Agreement due to a force majeure situation, nor can it be obliged to fulfill any obligation if it is hindered from doing so due to a circumstance that is not attributable to its fault and neither by law, a legal act or generally accepted views is at its expense.
- Force majeure, in any case, is understood to include but is not limited to what is understood in law and jurisprudence, (i) force majeure of suppliers of Sagittarius One, (ii) failure to properly fulfill obligations of suppliers recommended or prescribed to Sagittarius One by the Purchaser, (iii) defects in goods, equipment, software or materials from third parties, (iv) government measures, (v) power failure, (vi) failure of internet, data network and telecommunication facilities (for example due to: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the company of Sagittarius One, and (xi) other situations that in the opinion of Sagittarius One fall outside its sphere of influence, which temporarily or permanently prevent it from fulfilling its obligations.
- Sagittarius One has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after Sagittarius One should have fulfilled its obligation.
- Parties can suspend obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to dissolve the Agreement, without obligation to compensate for damages to the other party.
- As far as Sagittarius One has already partially fulfilled its obligations from the Agreement at the time of the onset of force majeure, or will be able to do so, and the fulfilled or to be fulfilled part has independent value, Sagittarius One is entitled to invoice the already fulfilled or to be fulfilled part separately. The Purchaser is obliged to pay this invoice as if it were a separate Agreement.
Article 16 Risk Transfer
The risk of loss or damage to the Products that are subject to the Agreement passes to the Purchaser being a company at the moment the goods leave the warehouse of Sagittarius One. For Consumers, the above-mentioned risk passes to the Purchaser when the Products have been provided to the Purchaser’s control. This is the case when the Products are delivered to the Purchaser’s delivery address.
Article 17 Intellectual Property Rights
- All intellectual property rights and copyrights of Sagittarius One rest solely with Sagittarius One and are not transferred to the Purchaser.
- The Purchaser is prohibited from publishing and/or reproducing, modifying or making available to third parties all documents on which the intellectual property rights and copyrights of Sagittarius One rest without express prior written permission from Sagittarius One. If the Purchaser wishes to make changes to the items delivered by Sagittarius One, Sagittarius One must explicitly agree to the proposed changes.
- The Purchaser is prohibited from using the Products on which the intellectual property rights of Sagittarius One rest differently than agreed in the Agreement.
Article 18 Privacy, Data Processing and Security
- Sagittarius One handles the (personal) data of the Purchaser and visitors to the website(s) carefully. If asked, Sagittarius One will inform the person concerned about this.
- If Sagittarius One is required to provide security of information under the Agreement, this security will comply with the agreed specifications and a security level that, given the state of the art, the sensitivity of the data, and the associated costs, is not unreasonable.
Article 19 Complaints
- If the Purchaser is not satisfied with the Products of Sagittarius One and/or has complaints about the (execution of the) Agreement, the Purchaser is obliged to report these complaints as soon as possible, but no later than 14 calendar days after the relevant cause that led to the complaint. Complaints can be reported via firstname.lastname@example.org with the subject “Complaint”.
- The complaint must be sufficiently substantiated and/or explained by the Purchaser, for Sagittarius One to be able to handle the complaint.
- Sagittarius One will respond to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
- Parties will try to come to a solution together.
Article 20 Applicable Law
- Every Agreement between Sagittarius One and the Purchaser is governed by Dutch law. The applicability of the (CISG) Vienna Sales Convention is explicitly excluded.
- In the event of interpretation of the content and scope of these general terms and conditions, the Dutch text thereof is always decisive. Sagittarius One has the right to unilaterally change these general terms and conditions.
- All disputes arising from or in connection with the Agreement between Sagittarius One and the Purchaser will be settled by the competent Court of North Holland, location Haarlem unless provisions of mandatory law lead to the competence of another court.
Zandvoort, July 6, 2020