9:00 tot 17:00

Monday untill Friday

Kruisstraat 110

5502 JH Veldhoven

+31-40-2053152

info@now4rent.nl

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Terms and Conditions De Run Trading B.V.

Created on October 25th, 2016.

Terms and Conditions De Run Trading B.V., located at Kruisstraat 110, 5502 JH in Veldhoven, registerd at the Dutch Chamber of Commerce under number 17090606.

Definitions

For the purpose of these Terms and Conditions, the following terms shall have the meanings hereunder assigned to them, unless explicitly indicated differently.

Terms and conditions:Terms and conditions as defined herunder.
De Run Trading B.V.:De Run Trading B.V., registered at the Dutch Chamber of Commerce under number 17090606 and aiming at
managing real estate (SBI-Code 6832) and intermediation for trade, rent or
 

 

lease of real estate (SBI-code 6831).
Business:The Client acting in the course of a profession or business.
Consumer:

The Cient not acting in the course of a profession or business.

Service:

All activities, in whatever form, that De Run Trading B.V. has done for or on behalf of the Client.

Brokerage Fee:The financial compensation agreed for execution of the Agreement with the Client.
Assignment:The agreement detailing the instructions from assignment to service.
the Client:Both tenant, letter and the one who accepted the validity of these terms and conditions and ordered to provide services.

Both natural persons and businesses are seen as Client.

Agreement:The brokerage agreement within meaning of article 7:425 of the Dutch Civil Code that has been concluded between De Run Trading B.V. and the Client.

Article 1         Scope

These terms and conditions are applicable on every offer, quote and agreement concluded between De Run Trading B.V. and the Client, unless parties agree otherwise and explicitly in writing.

These Terms and Conditions shall also apply to all agreements with De Run Trading B.V. when third parties are engaged in the execution thereof.

The applicability of any purchase conditions or other provisions on the part of the instructing party is hereby explicitly excluded.

If and insofar as one of the provisions of these general terms and conditions is void or voidable, this will not result in any of the other stipulations in these terms and conditions being rendered void.

In this event De Run Trading B.V. and the Client shall enter into consultations for the purpose of agreeing new stipulations to replace the void or cancelled stipulations.

If De Run Trading B.V. does not always require the strict observance of these conditions, this does not mean that the stipulations this does not imply that these conditions are not valid or that De Run Trading B.V. would lose the right to persist on these conditions now or in the future.

Deviations from and supplements to these General Terms or to the agreement shall be valid only if an in so far as these have been confirmed explicitly in writing by De Run Trading B.V.

Article 2         Offers and/or quotes

All offers and/or quotes are made in writing and/or by electronic means, unless unless urgent circumstances preclude this.

All offers and/or quotes made by De Run Trading B.V. are non-binding, unless a period for acceptance is stipulated in the offer and/or quote.

If a period for acceptance is stipulated in the offer and/or quote, the offer and/or quote shall expire after the stipulated period.

De Run Trading B.V. cannot be kept to its special offers if the opposing party should have understood, in terms of reasonableness and judiciousness and views prevailing in society, that the special offer or a part thereof contains an apparent error or spelling mistake.

If the acceptance (whether on minor points or not) deviates from the offer and/or quote, de Run Trading B.V. shall not be bound by it. The Agreement will then not come into being consistent with this departing acceptance, unless De Run Trading B.V. so indicates.

A combined quote will not oblige De Run Trading B.V. to deliver a portion of the Agreement in exchange for a corresponding portion of the price specified.

Article 3         Instruction to mediate

De Run Trading B.V acts as an intermediary between the tenant and the landlord. De Run Trading B.V. will receive a compensation for these services.

Parties enter into an agreement as referred to in Article 7:425 of the Dutch Civil Code.

The Client hires De Run Trading B.V. as broker/intermediary to find suitable renters or letters for the Client.

De Run Trading B.V. commits itself to the Client to act as an intermediary for the purpose of establishing one or more leases between the Client and a tenant or landlord.

De Run Trading B.V. commits itself to buyers and / or sellers to act as an intermediary for the purpose of establishing one or more purchase agreement between the Client and a buyer or seller.

The execution of the Agreement will be carried out without employment and there is no relationship of subordination between Parties. Met de onderhavige overeenkomst wordt geen arbeidsrelatie en derhalve geen arbeidsovereenkomst in de zin van art. 7:610 BW beoogt en afgesloten. In addition, this Agreement does not constitute a fictional employment within the meaning of Art. 2b and 2c  of the Wage Tax (Implementation) and Art. 1 and 5 of the Decree in which employment relationship as employment is intended or terminated.

Article 4          Contents brokerage agreement

De Run Trading B.V. shall perform the Client’s instruction with due care.

De Run Trading B.V. reserves the right to engage third parties for their services. The purpose set out in article 7:404, 7:407 (2) and 7:409 of the Dutch Civil Code is expressly excluded.

The Client provides all data or instructions necessary for the execution of the Agreement or which the Principal should reasonably understand are necessary for the performance of the Agreement by De Run Trading B.V. in good time.

If the information and instructions required to perform the Agreement are not delivered to us in a timely fashion, we will be entitled to suspend performance of the agreement. Extra costs resulting from the late provision of data will be recovered from the Client.

De Run Trading B.V solely operates at the request of the Client and consequently does not represent the interest of the counter party.

The Run Trading B.V. is free to carry out her activities within the limits of the Agreement to ensure the best means of delivering agreed outcomes. The above will not affect the fact that the Client can give De Run Trading B.V. instructions as meant in article 7:402 of the Dutch Civil Code and that De Run Trading B.V. is required to take into account timely and responsible instructions issued by the Client.

De Run Trading B.V. operates entirely independent in carrying out the agreed work. The Client has no control over the Assignment and activities carried out by De Run Trading B.V. De Run Trading B.V. will execute the activities under the contract at its own discretion and without supervision or management by the Client.

De Run Trading B.V. is under obligation to charge VAT and is responsible for ensuring the correct payment of VAT to Dutch Treasury.

Article 5         Obligation

The Agreement between De Run Trading B.V. and the Client leads to an obligation and not as a commitment to achieve a specific result. De Run Trading B.V. guarantees that all services provided will comply with the Agreement.

Article 6         Rental Agreement

De Run Trading B.V. will provide the rental agreement for the Client, unless otherwise agreed.

De Run Trading B.V. solely operates as broker or intermediary.If the mediation between tenant and landlord is completed, a rental agreement will be concluded between the tenant and the landlord. De Run Trading B.V. is never involved in the creation of this rental agreement.

De Run Trading B.V. is never responsible or liable for the creation of the rental agreement between tenant and landlord.

Also, De Run Trading is B.V. is never liable for damage suffered by the tenant or landlord as a result of the rental agreement.

Article 7         Amendment to the Agreement

If at any point during performance of the Agreement it becomes clear that the Agreement must be amended or supplemented to ensure proper performance, De Run Trading B.V. will inform the Client in a timely fashion. The parties shall amend the Agreement accordingly, on a timely basis and in mutual consultation.

If the parties agree that the agreement will be amended or supplemented,  the completion time may be affected by this. De Run Trading B.V. shall notify the Client as soon as possible.

In the event that any such amendment or supplement has financial and/or quality-related consequences,  De Run Trading B.V. shall inform the Client of this in advance.

If a brokerage fee and/or rate has been agreed, De Run Trading B.V. ill also indicate to what extent the change or supplement to the Agreement will result in the exceeding of this fee. De Run Trading B.V. will give a quote for this as far in advance as possible.

De Run Trading B.V. will charge no extra costs if the change or supplementation is a consequence of circumstances attributable to the De Run Trading B.V.

Changes in the Agreement between the Client and De Run Trading B.V. are valid from the moment these changes are accepted in a supplemental or changed Agreement in writing by both parties.

Article 8         Brokerage Fee

With regards to the Client being a natural person the brokerage fee is including VAT and other government levies applicable at the date of acceptance of the order, unless stated otherwise.

With regards to the Client being a Business the brokerage fee is exclusive of VAT and other government levies applicable at the date of acceptance of the order, unless stated otherwise.

Prices are exclusive of travel, accommodation, packaging, courier, and shipping costs, unless stated otherwise.

If no brokerage fee and/or rate has been agreed upon, the brokerage fee will be charged on the basis of actual hours spent and the regular hourly rates of De Run Trading B.V.

Any requisite costs will be indicated or data as basis of calculation by the Client will be provided by De Run Trading B.V. in good time before concluding the Agreement.

Article 9         Modification Brokerage Fee

If De Run Trading B.V. agrees upon a fixed brokerage fee or rate when the Agreement is concluded, De Run Trading B.V. is entitled to increase the brokerage fee or rate, even when the brokerage fee or rate initially was not subject to change.

If De Run Trading B.V. proposes to change the brokerage fee and/or rate, the Client will be informed of such changes as soon as possible.

If the brokerage fee and/or rate is increased within three months after concluding the Agreement, the Client is entitled to rescind the Agreement by written notification unless:

  • the increase occurs pursuant to an entitlement or a for De Run Trading B.V. legal obligation under the law;
  • the increase is due to reasons that could not have been reasonably foreseen upon conclusion of the contract;
  • De Run Trading B.V. is prepared to execute the Agreement on the basis of the originally agreed clauses;
  • it was stipulated that delivery would take place more than three months after concluding the Agreement.

The Client is entitled to to rescind the Agreement if a period of more than three months lies between the conclusion of the Agreement and changing the brokerage fee or rate, unless the Agreement stipulates that the execution shall be later than 3 months of the Agreement having been concluded.

De Run Trading B.V. will notify the Client of its purpose to change the brokerage fee or rate. De Run Trading B.V. will state the size of the increase and the date it will take effect.

Article 10       Execution Time

The activities will be carried out within a by De Run Trading B.V. stated period.

If an execution time is stated or agreed upon, this period shall only be indicative and is therefore never to be considered as an absolute deadline.

If De Run Trading needs data or instructions from the Client, which are necessary for execution of the Agreement, the execution time will commence after the Client supplies de Run Trading B.V. with the necessary data or instructions.

Article 11       Payment

Payment must be made by means of a transfer to of a bank account to be indicated by the De Run Trading B.V. unless otherwise agreed upon.

Payment can be made in advance or afterwards. Upon payment afterwards, payment must be made within the number of days indicated on the invoice after the invoice date, on a bank account to be indicated by the De Run Trading B.V. bank account to be indicated by the De Run Trading B.V. and in the currency in which is invoiced, unless otherwise agreed.

The Client is not entitled to deduct any amount due to a claim made by him.

Any objections against the amount invoiced do not suspend the Customer’s  payment obligation.

After the expiry of 5 days after the invoice date the Client becomes in default. From this time the Client becomes in default of payment with interest payable of 2% a month on the overdue amount, unless the legal interest rate is higher in which case the legal interest rate applies.

In the event of the liquidation, bankruptcy or suspension of payments by the Client, the claims of De Run Trading B.V. and the obligations of the Client with respect to De Run Trading B.V. will be immediately due and payable.

Article 12       Collection Costs

If the Client is in default with compliance with one or more of his obligations, all reasonable extra-judicial costs for the collection of payments are paid by the Client.

If the Client operaties in function of a Business, De Run Trading B.V. is entitled to a 15% compensation of the total outstanding amount with a minimum  of  € 90 for each invoice that is not or not completely paid. This in deviation with section 6:69 paragraph 5 of the Dutch Civil Code and the Decree compensation for extrajudicial collection costs

If the Client operates in function of a natural person, De Run Trading B.V. is entitled to the statutory maximum allowable allowance as stipulated in the Decree compensation for extrajudicial (collection) costs.

If the Client operates in function of a natural person, De Run Trading B.V. is entitled to compensation of extra-judicial costs, after De Run Trading B.V. has sent the Client a exhortation upon commencement of the default to ensure payment of the outstanding invoice within five days.

The reasonable judicial and execution costs possibly incurred shall equally be borne by the Client.

Article 13       Suspension

If the Client fails to fulfill any obligation arising from the Agreement fully or in good time, De Run Trading B.V. reserves the right to suspend the fulfillment of all obligations towards the Client. In the event of partial or inadequate compliance, deferral is only permitted where the  breach justifies that.

Furthermore, De Run Trading is authorized to suspend compliance with its obligations if:

  • after concluding the Agreement it has come to the de Run Trading B.V. notice that certain circumstances give him good reason to fear that the Client shall not fulfill his obligations;
  • the Client was asked for securities at the time of signing the Agreement in order to execute the obligations in the Agreement and these securities are not supplied or insufficient;
  • circumstances arise such that the fulfillment of the Agreement becomes impossible or that continuing the Agreement in an unamended form cannot reasonably be required from De Run Trading B.V.

De Run Trading B.V. reserves the right to claim compensation for any costs incurred.

Article 14       Termination

If the Client does not, not conveniently or not timely comply with any obligation derived from the Agreement, De Run Trading B.V. is entitled to suspend its execution of the contract with immediate effect, unless the termination is not justified by the non-compliance due to its low significance.

Furthermore, De Run Trading B.V. is entitled to suspend its execution of the Agreement with immediate effect if:

  • after concluding the Agreement it has come to the de Run Trading B.V. notice that certain circumstances give him good reason to fear that the  Client shall not fulfill his obligations;
  • the Client was asked for securities at the time of signing the Agreement in order to execute the obligations in the Agreement and these securities are not supplied or insufficient;
  • because of a delay on the part of the Client, the Client can no longer expect De Run Trading B.V. to perform the Agreement under the conditions that were originally agreed;
  • the client becomes insolvent, seeks protection from its creditors, is  placed in administration or otherwise loses the ability to dispose of its assets of part thereof;
  • the Client is placed under legal restraints;
  • the Client dies.

Termination takes place by means of a written notice without any court intervention.

In the event that the Agreement is terminated De Run Trading B.V.’s claims on the Client will become immediately demandable.

If De Run Trading B.V terminates the Agreement for the foregoing reason, De Run Trading B.V. is not liable for any costs or damages.

If the terminations is attributable to the Client, De Run Trading B.V. will be entitled to compensation of the losses (including any costs) which are caused directly and  indirectly as a result.

Article 15       Force majeure

Force majeure is taken to mean any failure of performance that cannot be attributed to De Run Trading B.V. or the Client because it is blameless in the matter and cannot be blamed in terms of the law, a legal act or generally accepted standards. In this case, neither Party will be liable to pay any kind of damages.

Force Majeur in these general conditions is understood as all external causes, anticipated or not anticipated, on which De Run Trading B.V. can have no influence and which result in De Run Trading B.V. not being able to comply with his obligations.

De Run Trading B.V. will also be entitled to invoke force majeure if the circumstance preventing performance arises after De Run Trading B.V. should have performed its obligations.

In case of force majeure neither Party will be liable to pay any kind of damages.

Both De Run Trading B.V. and the Client can suspend the obligations arising from the Agreement partially or totally for the period force majeure lasts. In the event that the situation of force majeure lasts longer than two months, both parties will be entitled to dissolve the agreement without legal intervention and without any obligation to pay compensation.

If there is a temporary situation of force majeure, De Run Trading B.V. reserves the right to suspend the agreed performance for the duration of force majeure. In case of permanent force majeure, both parties are entitled to terminate the Agreement out of court.

If De Run Trading B.V. has already partially fulfilled its obligations when the force majeure situation occurs or if it can fulfil its obligations only in part, it is entitled to invoice separately for the part which has already been delivered or, as the case may be, is available for delivery, and the Client is obliged to pay this invoice as if it related to a separate contract.

Article 16       Liability

The execution of the agreement shall take place entirely at the risk of the Client. De Run Trading B.V. shall solely be accountable for compensation of damage that is the consequence of deliberate or wilful recklessness of De Run Trading B.V.

De Run Trading B.V. shall never be liable for indirect damage, including consequential and missed savings in any case.

The Run Trading B.V. is not liable for any damage whatsoever, if De Run Trading B.V. executes its acitivites based on incorrect and / or incomplete data provided by the Client, unless this inaccuracy or incompleteness should be know at De Run Trading B.V.

The in this article mentioned limitations of liability are not valid if the damage is caused with intent or by gross negligence by De Run Trading B.V., its management or employees.

If De Run Trading B.V. is liable for any damage, then the liability of De Run Trading B.V. is limited to the amount stated in the invoice or to the amount covered by De Run Trading B.V. affiliated insurance, plus the risk that De Run Trading B.V. carries in accordance with the insurance.

The Client shall report the damages for which De Run Trading B.V. can be held liable, as soon as possible, but in any case within ten days after the damage occurred to De Run Trading B.V., on the sole grounds of expiry of any remuneration of this damage.

All the claims from clients will lapse if they have not been submitted to De Run Trading B.V. in writing giving sound reasons within one year after the client became aware or could reasonably have been aware of the facts on which his claim is based.

Article 17       Indemnification

The Client shall safeguard De Run Trading B.V. against possible claims filed by third parties who may sustain damage attributable to buyer in connection with the execution of the agreement.

If De Run Trading B.V. does receive a claim by a third party, the Client is required to assist the contractor in both extrajudicial and judicial proceedings.

All costs and damage that has thereby occurred at the side of De Run Trading B.V. and third parties are integrally at the expense and risk of the Client.

Article 18 Limitation period

In deviation of the legal periods of limitation, the period of limitation of all claims and defences towards De Run Trading B.V. and the third parties involved by De Run Trading B.V. during the implementation of an Agreement, amounts to one year.

 

Article 19       Privacy and cookies

De Run Trading B.V. will ensure that data and information provided by the Client to De Run Trading B.V. will be handled accurately, confidentially and reliably.

De Run Trading B.V. may use the Client’s personal data solely for the purpose of performing its delivery obligation or handling a complaint.

Upon visting our website De Run Trading B.V. can collect  information about the use of the website by use of cookies.

The information gathered by De Run Trading B.V. through cookies can be used for functional or analytical purposes.

De Run Trading B.V. is not permitted to distribute, rent, sell or otherwise publish the personal data of the Client.

If De Run Trading B.V. is obliged pursuant to a statutory provision or a legal ruling to disclose confidential information to third-parties designated by the law or the court with competent jurisdiction, and the supplier is unable to invoke a right to privilege recognised or permitted by statute or by the court with competent jurisdiction, De Run Trading B.V. is not obliged to pay compensation for damages or other compensation and the counterparty is not entitled to dissolve the contract on the ground of any losses thus caused.

The Client agrees that De Run Trading B.V. can approach the Client for statistic research or customer satisfaction surveys. If the Client does not want to be approached for research, the Client can make this known to De Run Trading B.V.

De Run Trading B.V. reserves the right to use anonymous data of the Client for (statistical) research and database.

Article 20       Changes in Terms and Conditions

De Run Trading B.V. reserves the right to alter their terms and conditions unilaterally.

Amendments shall also apply to agreements already entered into.

De Run Trading B.V. will notify the Client of these changes by e-mail.

Amendments and supplements to these general terms and conditions shall be binding on the Client 30 days after the Client has been notified of the amendment or supplement.

If the Client does not agree with the proposed changes, then the Client may recind the Agreement.

Article 21       Applicable law and disputes

All legal relationships of De Run Trading B.V. and the interpretation thereof are governed by Dutch law. This is also the case if an obligation is performed abroad in full or in part or if the Client has its place of residence abroad.

The applicability of the Vienna Sales Convention is expressly excluded.

Article 22       Location

The Conditions of De Run Trading B.V. are deposited with the Dutch Chamber of Commerce under number 17090606.