Table of contents:

Article 2 - Entrepreneur's identity
Articele 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the withdrawal period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
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 - Duration transactions: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or different provisions

Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:

Ancillary contract: a contract in which the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are delivered by the trader or by a third party on the basis of an arrangement between that third party and the trader; 2. Withdrawal period: the period within which the consumer can exercise his right of withdrawal; 3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession; 4. Day: calendar day; 5. Digital content: data produced and supplied in digital form; 6. Contract for an indefinite period of time: a contract which provides for the regular supply of goods, services and/or digital content for a defined period of time; 7. Durable data carrier: any device - including e-mail - that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information; 8. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period; 9. Entrepreneur: the natural or legal person offering products, (access to) digital content and/or services to consumers at a distance; 10. Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby, up to and including the conclusion of the contract, sole or joint use is made of one or more techniques for distance communication; 11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions; 12. Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur having to come together in the same room at the same time.

Article 2 - Entrepreneur's identity

Company name: ElevenOFive Online
Located at Industriekade 18G, 2172HV, Sassenheim, The Netherlands
Phone number: +31615661010 via Whatsapp
Email address: oneplus-shop.nl (note only after contact via Whatsapp)
Chamber of Commerce number: 61486825
Btw-identificatienummer: NL002213079B51

If the entrepreneur's activity is subject to a relevant licensing regime: the details of the supervisory authority. If the entrepreneur practices a regulated profession: - - the professional association or organisation to which he is affiliated; - - - the professional title, the place in the EU or the European Economic Area where it is granted; - - - a reference to the professional rules applicable in the Netherlands and indications where and how these professional rules can be accessed.

Article 3 - Applicability

These general terms and conditions shall apply to every offer made by Entrepreneur and to every distance contract concluded between Entrepreneur and Consumer . Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the Consumer. If this is not reasonably possible, the entrepreneur shall, before the remote agreement is concluded, indicate in what way the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible at his request. 3. If the remote agreement is concluded electronically, notwithstanding the previous paragraph and before the remote agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be inspected electronically and that at the consumer's request they will be sent electronically or otherwise free of charge. 4. In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favourable to him in case of conflicting conditions.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer. The offer shall contain a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products, services and/or digital content. Any 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 agreement is concluded at the moment the consumer accepts the offer and fulfils the terms and conditions set . If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement. 3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures. 4. The Entrepreneur may, within the limits of the law, gather information about the Consumer's ability to fulfil his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the Entrepreneur has good grounds for not entering into the contract, he is entitled to refuse an order or application while giving reasons, or to attach special conditions to the implementation. 5. The Entrepreneur shall, no later than at the time of delivery of the product, service or digital content, send the Consumer the following information, in writing or in such a way that the Consumer can store it in an accessible manner on a durable data carrier: 1. the visiting address of the trader's office where the consumer can lodge complaints; 2. the conditions on which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal; 3. the information on guarantees and existing after-sales service; 4. the price including all taxes of the product, service or digital content; where applicable the costs of delivery; and the method of payment, delivery or performance of the distance contract; 5. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration; 6. if the consumer has a right of withdrawal, the model form for withdrawal; 7. in delivery. case of an extended duration transaction, the provision in the previous paragraph only applies to the first.

Article 6 - Right of withdrawal

For products: 1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to state his reason(s). 2. 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: 1. if the consumer has ordered several products in one order: the day on which the consumer, or a third party designated by him, has received the last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with a different delivery time; 2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part; 3. in the case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product. In the case of services and digital content not supplied on a tangible medium: 3. The consumer may rescind 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 reasons. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s). 4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the contract. Extended cooling-off period for products, services and digital content not supplied on a tangible medium in case of failure to inform about the right of withdrawal: 5. 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 shall expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article. 6. If the trader has provided the consumer with the information referred to in the previous paragraph within 12 months after the effective date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

Article 7 - Consumer obligations during the cooling-off period

During the cooling-off period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop. 2. The consumer is only liable for diminished value of the product that is the result of a way of handling the product that goes beyond what is allowed in paragraph 1. 3. The consumer is not liable for diminished value of the product if the entrepreneur has not provided him with all legally required information on the right of withdrawal before or when concluding the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur 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 shall return the product, or hand it over to (an authorised representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product himself. The consumer has observed the return period in any case if he returns the product before the cooling-off period has expired. 3. The consumer returns the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur. 4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer. 5. The consumer shall bear the direct costs of returning the product. If the trader has not indicated that the consumer should bear these costs or if the trader indicates that the consumer should bear the costs himself, the consumer shall not have to bear the return costs. 6. If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or certain quantity starts during the withdrawal period, the consumer owes the entrepreneur an amount proportional to that part of the commitment fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfilment of the commitment. 7. The consumer shall not bear any 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: 1. the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal, the cost reimbursement upon withdrawal or the model withdrawal form, or; 2. the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the reflection period. 8. The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if: 1. he has not expressly consented to the commencement of performance of the contract before the end of the cooling-off period prior to its delivery; 2. he has not acknowledged losing his right of withdrawal when giving his consent; or 3. the trader has failed to confirm this statement by the consumer. 9. If the consumer exercises his right of withdrawal, all additional contracts shall be dissolved by operation of law.

Article 9 - Obligations of the trader upon withdrawal

1. If the entrepreneur enables the consumer's notification of withdrawal by electronic means, he shall send a confirmation of receipt without delay after receiving this notification. 2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait with reimbursement until he has received the product or until the consumer proves that he has returned the product, whichever is earlier. 3. For reimbursement, the entrepreneur shall use the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge for the consumer. 4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Article 10 - Exclusion of right of withdrawal

The Entrepreneur may exclude the following products and services from the right of withdrawal, but only if the Entrepreneur clearly stated this when making the offer, or at least in good time before concluding the agreement: 1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period; 2. Contracts concluded during a public auction. A public auction means a method of sale where products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the guidance of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services; 3. Service contracts, after full performance of the service, but only if: 1. the performance has started with the express prior consent of the consumer; and 2. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully performed the contract; 4. Package holidays as referred to in Article 7:500 of the Dutch Civil Code and passenger transport contracts; 5. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, carriage of goods, car rental services and catering; 6. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance thereof; 7. Products manufactured to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person; 8. Products that spoil quickly or have a limited shelf life; 9. Sealed products that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery; 10. Products that, after delivery, are by their nature irrevocably mixed with other products; 11. Alcoholic beverages of which the price has been agreed upon at the conclusion of the agreement, but of which the delivery can only take place after 30 days, and of which the actual value depends on fluctuations in the market over which the entrepreneur has no influence; 12. The delivery of digital content other than on a material carrier, but only if: 1. the performance has started with the consumer's explicit prior consent; and 2. the consumer has declared that he thereby loses his right of withdrawal.

Article 11 - The price

1. During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates. 2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices shall be mentioned in the offer. 3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions. 4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and: a. they are the result of legal regulations or stipulations; or b. the consumer is authorised to terminate the agreement as of the day on which the price increase takes effect. 5. The prices mentioned in the offer of products or services include VAT.

Article 12 - Fulfilment of agreement, warranty and liability

1. Entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of concluding the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. 2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can enforce against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfil his part of the agreement. 3. Additional guarantee means any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfil his part of the agreement. 4. In case we are notified by the supplier,manufacturer and/or consumer of a defect in a product or new part supplied by us, which results in a so-called recall action, we shall notify purchasers immediately by e-mail. If the buyer does not contact us without delay after this online notification, all possible claims of the buyer on this account may lapse. As a consequence, neither we nor the supplier nor the manufacturer shall be liable for any damages suffered and to be suffered by the buyer as a result.

Article 13 - Delivery and execution

1. Entrepreneur shall take the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services. 2. The place of delivery is the address that the consumer has made known to the entrepreneur. 3. With due observance of the stipulations in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with convenient speed but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages. 4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount the consumer has paid without delay. 5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 14 - Duration transactions: duration, termination and renewal

Termination: 1. The consumer may terminate an agreement that has been concluded for an indefinite period of time and that extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of at most one month. 2. The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term in accordance with the applicable termination rules and a period of notice that does not exceed one month. 3. The consumer may terminate the contracts referred to in the previous paragraphs: o - at any time and not be limited to termination at a specific time or in a specific period; o - at least in the same way as they were entered into by him; o - always terminate with the same notice period as the entrepreneur has stipulated for himself. Extension: 4. A fixed-term contract that was entered into for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term. 5. Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month. 6. A fixed-term contract that has been concluded for the regular supply of products or services may be tacitly extended for an indefinite period only if the consumer may terminate it at any time with a notice period not exceeding one month. The notice period shall not exceed three months in case the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines. 7. A contract with a limited duration for the regular supply of daily, news and weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period. Duration: 8. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment

1. As far as not otherwise stipulated in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days after concluding the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer receives the confirmation of the agreement. 2. When selling products to consumers, general terms and conditions may never require the consumer to pay more than 50% in advance. Where advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made. 3. The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur. 4. If the consumer does not timely meet his payment obligation(s), the consumer is, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the non-payment within this 14-day period, due the statutory interest on the amount due and the entrepreneur has the right to charge the extrajudicial collection costs made by him. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000, with a minimum of € 40. The proprietor can deviate from these amounts and percentages for the benefit of the consumer.

General terms and conditions Billink:

Article 1 Definitions In these general terms and conditions, the following definitions shall apply: Agreement Billink Customer Debtor Claim Specification The service agreement between the Customer and Billink B.V.; The private limited liability company Billink B.V., with its registered office in Rotterdam, with its place of business in Rotterdam, which offers a post-payment service whereby customers of the Customer can pay in arrears after receiving their order. Contract Party of Billink B.V. enters into an agreement to use the Billink payment service in arrears; A counterparty or customer of the Customer; The principal sum owed by the Debtor to the Customer, consisting of the unpaid sum of money, possibly increased by VAT and an amount (surcharge) owed for the use of the Billink payment service; Current and correct substantiation of the Claim in which payments, VAT and costs already charged by the Customer are shown as separate items.

Article 2 Applicability
2.1 The general terms and conditions apply to every offer (and resulting agreements) or agreement to which Billink has declared these terms and conditions applicable, unless the parties have deviated from these terms and conditions in writing. Billink expressly rejects the applicability of the Customer's general terms and conditions to the Agreement.

Article 3 Quotations
3.1 Billink is entitled to revoke a quotation within five days of receiving written acceptance thereof;
3.2 Quotations from Billink shall lapse if not accepted in writing within 30 days, unless otherwise agreed in writing.

Article 4 Service provision and compensation
4.1 Billink shall provide the agreed payment service during the term of the agreement concluded with the Customer, all in accordance with these General Terms and Conditions and the provisions contained in the agreement;
4.2 All (delivery) terms stated by Billink are determined to the best of its knowledge, based on the information it receives from the Client. The mere exceeding of a stated (delivery) term does not render Billink in default;
4.3 The client will always provide Billink with all useful and necessary data and/or information required for the proper execution of the agreement in good time and render all cooperation;
4.4 For the services provided by Billink, the Customer shall pay the fee as stated in the agreement;
4.5 Billink is entitled to adjust its fees periodically. Billink is entitled to adjust its rates periodically, of which it will notify the Customer at least 30 days before the new rates come into effect. If the Customer does not agree with the rate increase, the Customer may terminate the agreement with immediate effect.
4.6 The method of payment is laid down in the agreement, Billink is entitled to set off amounts against its Client.
4.7In the event of late payment by the Debtor, Billink is always entitled to claim additional fees (surcharges) in connection with sending out a reminder, issuing a summons and for obtaining information;
4.8 Billink is entitled to engage third parties at its own discretion for the execution of the agreement, such as the collection agency.

Article 5 Mention of Billink on website/notification to Debtor
5.1 In consultation with Billink, the Customer shall indicate on its website that the Debtor can make use of Billink's services by mentioning the Billink payment service.
5.2 The Client shall state that the Debtor's creditworthiness will be checked.
5.3 The Client shall include a reference to Billink's payment terms and conditions.

Article 6 Obligations of Customer/provision of data
6.1 The Customer shall provide Billink with the following data digitally in accordance with Billink's wishes as soon as an order has been placed and the Debtor has opted for payment via Billink: a. A Specification of the Claim;
6.2 The Client shall ensure that it provides all data to Billink in a timely manner;
6.3 Upon Billink's first request, the Client is obliged to provide additional data such as, but not limited to, data which, in Billink's opinion, are necessary for the collection of Receivables;
6.4 The Client is aware that the timely provision of data is essential for Billink and that failure to provide such data on time means that the Client is immediately in default of fulfilling the Agreement with Billink. If circumstances arise or are foreseeable, as a result of which the Client is unable to comply with the obligation of timely provision of data, the Client shall immediately notify Billink of this in writing, stating the circumstances, the measures to be taken or taken by the Client and the duration of the probable delay;
6.5 If Billink determines that the data provision has not been made on time, and Billink has notified the Client of this in writing, Billink may, if the Client fails to respond within 3 working days of notification, dissolve the agreement with the Client. Billink may also, at its option, claim compensation in the amount of at least 10% of the Claim, without prejudice to Billink's right to full compensation;
6.6 The Client guarantees that the Debtor cannot validly set off or has validly set off the Claim and that the Debtor can suspend or has validly suspended payment;
6.7 If the Debtor subsequently dissolves the agreement - including the return of ordered items - or validly voids the agreement or has it voided, the Client shall notify Billink immediately;
6.8 The Customer shall ensure careful delivery of the items ordered by the Debtor. The Client shall be responsible and liable for any incorrect deliveries to the Debtor.
6.9 The Customer guarantees that it has obtained and processed the personal data provided to Billink in accordance with the criteria of the Personal Data Protection Act. Client is responsible for the data processing concerning orders on its site and is responsible to comply with the Personal Data Protection Act;
6.10 Client shall refrain from actions, expressions or working methods which may be deemed contrary to social or legal standards.

Article 7 Obligations of Billink
7.1 For the purpose of executing the agreement with the Customer, Billink shall perform an online creditworthiness check on the Debtor and on the basis thereof inform the Debtor immediately upon placing the order whether Billink accepts the Debtor to make use of its payment service;
7.2 In the context of making use of the payment service, the Debtor shall provide Billink with its personal data via the Client's website. Client shall allow the processing of its customers' personal data in the context of the transfer of the Claim. Billink will process the data in its database. Billink is independently responsible for the data processing. Billink respects the Debtor's privacy and ensures that personal information about the Debtor is treated confidentially in compliance with the Personal Data Protection Act and acts in full accordance with its privacy statement;
7.3 For the purposes of implementing the agreement, Billink shall to the best of its knowledge and ability endeavour to combat fraud by means of a fraud test;
7.4 Billink ensures that the execution of Billink's payment solution takes place in a secure environment;

Article 8 Limitation of liability
8.1 Billink is not liable for: a. damages of any nature whatsoever resulting from the unavailability of Billink's services, as well as resulting from incorrect, out-of-date or incomplete information and/or calculations, unless the damages are attributable to intent or gross negligence on the part of Billink; b. damages of any nature whatsoever suffered by the Customer as a result of faults in the Customer's (telecommunications) equipment and software, for example but not limited to, as a result of which an order cannot be fulfilled; c. damages of any nature whatsoever resulting from the damage of whatever nature resulting from non-functioning or defective functioning of the website or from clicking on available payment methods; d. damage of whatever nature resulting from non-functioning or defective functioning of the digital infrastructure, both at the Client's and at the Debtor's premises; e. damage resulting from fraud (which cannot be detected by Billink), abuse, destruction, non-functioning or defective functioning of security measures and damage resulting from failure to comply with instructions from Billink.
8.2 Insofar as Billink can be held liable for any damages, Billink shall never be liable for indirect or consequential damages including but not limited to loss of turnover, loss of profit, missed orders, damage due to business stagnation and costs of restoring data that has been lost in whole or in part.
8.3 If a loss occurs, the Customer must inform Billink within 14 working days. Failing this, the right to compensation lapses.

Article 9 Force majeure

9.1 If Billink or the Customer is prevented from fulfilling an obligation under the Agreement as a result of force majeure, the party concerned is not obliged to fulfil for as long as the force majeure situation continues, unless it concerns a payment obligation. Force majeure is defined by Billink to include non-attributable failure of Billink's suppliers and breakdowns in internet connections, telecommunications and electricity networks;
9.2 If the force majeure situation has lasted longer than one week, both Billink and the Customer are entitled to dissolve the Agreement by sending written notification to the other party. Performance already rendered will then be settled pro rata, without the Client or Billink owing anything to the other party for the remainder.

Article 10 Intellectual Property
10.1 All intellectual or industrial property rights to (the results of) Billink's services, including but not limited to the use of the name Billink and the associated logotype, belong exclusively to Billink. Granting a right to use the name, the pictorial trademark and/or (the results of) Billink's services, by means of a licence or otherwise, does not imply a transfer of copyright or any other intellectual or industrial property right;
10.2 Billink declares that its services do not infringe any third party rights and will indemnify the Customer for all third party claims on the condition that the Customer informs Billink without delay of the existence and content of such claims and that the Customer gives Billink complete freedom in conducting negotiations in this respect or in reaching a settlement or conducting legal proceedings. To the extent necessary, the Client shall render Billink all cooperation and provide Billink with all information necessary to contest third party claims or to protect its intellectual property;
10.3 All documentation, advice, software and other items provided by Billink to the Client intended to facilitate Billink's services remain the property of Billink and may not be reproduced, made public or brought to the notice of third parties without Billink's prior consent. Furthermore, it is not permitted to remove or bypass any security features or technical (usage) limitations of any software or software supplied by Billink.

Article 11 Confidentiality
11.1 The Parties shall be obliged to keep confidential all confidential information they have obtained from each other or from other sources within the scope of the Agreement. Information is considered confidential if this has been communicated by the other party or if this results from the nature of the information.

Article 12 Duration of Agreement
12.1 Unless otherwise agreed in writing, the parties have entered into the Agreement for an indefinite period of time. Both parties may terminate the Agreement in writing at any time without giving reasons.

Article 13 Dissolution
13.1 Without prejudice to the right to compensation, each of the parties shall be entitled to terminate the cooperation in writing with immediate effect if, after entering into the Agreement: a. the other party imputably fails to meet its obligations; b. circumstances come to its knowledge which give it good reason to fear that the other party will not meet its obligations; c. the other party is declared bankrupt or is granted a moratorium; d. a considerable part of the other party's assets are seized; e. a situation occurs or threatens to occur as a a considerable part of the other party's capital is seized; e. a situation occurs or threatens to occur as a result of which the good name of (one of) the parties may possibly be harmed in their (its) own opinion; f. unforeseen circumstances occur which are of such a nature that the parties cannot demand unaltered maintenance of the agreement from each other according to standards of reasonableness and fairness.

Article 14 Suspension
14.1 Billink is entitled to suspend performance of the agreement in whole or in part if the Customer fails to fulfil his obligations under this agreement or if Billink can infer from actions and/or conduct of the Customer that the Customer may not or not fully fulfil his obligations.

Article 15 Amendment of general terms and conditions
15.1 Billink is entitled to make amendments to the General Terms and Conditions. Billink will send the amended general terms and conditions to the Customer. The amended general terms and conditions will come into effect 30 days after the Customer has received them. If the Customer does not agree with the amendments, he is entitled to terminate the Agreement;
15.2 The Client has until the time of entry into force to inform Billink in writing whether it rejects the amended general terms and conditions. If rejection is not forthcoming within the stipulated period, the Client shall be deemed to have agreed to the applicability of the amended general terms and conditions to the Order.

Article 16 Choice of law and forum
16.1 Every agreement between Customer and Billink as well as these general terms and conditions shall be governed by Dutch law. Disputes shall be submitted to the competent court in Rotterdam.

Article 16 - Complaints procedure

1. The entrepreneur shall have a sufficiently publicised complaints procedure and shall handle the complaint in accordance with this complaints procedure. 2. Complaints about the performance of the agreement must be submitted to Entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects. 3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer. 4. If the complaint cannot be solved by mutual agreement within a reasonable period or within 3 months after submission of the complaint, a dispute arises that is susceptible to the dispute settlement procedure.

Article 17 - Disputes

1. Agreements between Entrepreneur and Consumers to which these General Terms and Conditions apply shall be governed exclusively by Dutch law.

Article 18 - Additional or different provisions

Additional provisions or provisions deviating 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 they can be stored by the consumer in an accessible manner on a durable data carrier.