Terms and Conditions

Streamcraft: Streamcraft, established in Bladel, registered with the Dutch Chamber of Commerce under number 91695848.

Customer: the person or entity with whom Streamcraft has entered into an agreement.

Parties: Streamcraft and the Customer together.

Consumer: a Customer who is also an individual acting in a private capacity.

These terms apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Streamcraft.

Streamcraft and the Customer may depart from these terms only if agreed in writing.

Streamcraft and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or any other party.

Streamcraft quotes prices in euros, including VAT and excluding any other costs, such as administration or shipping costs, unless otherwise agreed in writing.

Streamcraft may change the prices of its services and products on its website and in other communications at any time.

For services provided by Streamcraft, Streamcraft and the Customer agree on a total amount as an estimated price, unless otherwise agreed in writing.

Streamcraft may deviate from the estimated price by up to 10%.

If the estimated price will be exceeded by more than 10%, Streamcraft must inform the Customer in good time why a higher price is justified.

If the estimated price will be exceeded by more than 10%, the Customer may cancel the part of the assignment that exceeds the estimated price plus 10%.

Streamcraft will notify the Customer of price adjustments before they take effect.

A Consumer may cancel the agreement with Streamcraft if they do not agree to the price increase.

When entering into the agreement, Streamcraft may require an advance payment of up to 50% of the agreed amount.

The Customer must make any payment due after delivery within 14 days of delivery.

The payment periods used by Streamcraft are strict deadlines. If the Customer has not paid the agreed amount by the last day of the payment period, the Customer is automatically in default, without Streamcraft having to send a reminder or give notice of default.

Streamcraft may make delivery conditional on immediate payment or require security for the full amount payable for the services or products.

The Customer must pay for products immediately.

When entering into an agreement for a service, Streamcraft may require an advance payment of up to 50% of the agreed amount.

The Customer must pay Streamcraft's invoices within 14 days of the invoice date, unless otherwise agreed or a different payment period is stated on the invoice.

The stated payment periods are strict deadlines. If the Customer has not paid the amount by the last day of the payment period, the Customer is automatically in default, without Streamcraft having to send a reminder or give notice of default.

Streamcraft may make delivery conditional on immediate payment or require security for the full amount payable for the service.

If the Customer is in default, Streamcraft may exercise its right of reclamation in respect of unpaid products delivered to the Customer.

Streamcraft exercises its right of reclamation by giving written or electronic notice to the Customer.

Once the Customer has been informed that the right of reclamation has been exercised, the Customer must immediately return the products concerned to Streamcraft, unless otherwise agreed in writing.

The Customer pays the costs of collecting or returning the products referred to in paragraph 3.

A Consumer may cancel an online purchase within 14 days of purchase without giving a reason. This right of withdrawal applies only if:

• the product has not been used;
• the product is not liable to deteriorate quickly, such as food or flowers;
• the product has not been custom-made or adapted specifically for the Consumer;
• the product is not one that cannot be returned for hygiene reasons, such as underwear or swimwear;
• the seal is still intact, in the case of media containing digital content, such as DVDs or CDs;
• the product or service does not concern accommodation, travel, restaurant services, transport, catering or a leisure activity;
• the product is not an individual magazine or newspaper;
• the purchase does not concern an urgent repair;
• the purchase does not concern betting or lotteries;
• the Consumer has not waived their right of withdrawal;
• the purchase does not concern a service that is fully performed within the withdrawal period with the Consumer's consent and for which the Consumer has expressly declared that they waive the right of withdrawal.

Further exceptions include:

• social services and healthcare;
• gambling activities;
• financial services;
• package travel;
• passenger transport services;
• immovable property.

The 14-day withdrawal period referred to in paragraph 1 begins:

• on the day after the Consumer receives the last product or component from a single order;
• as soon as the Consumer enters into an agreement for the provision of a service;
• as soon as the Consumer confirms that they will obtain digital content via the internet.

The Consumer may exercise their right of withdrawal by sending an email to [email protected] with that subject, optionally using the withdrawal form available on Streamcraft's website, streamcraft.cc.

The Consumer must return the product to Streamcraft within 14 days of sending the email referred to in paragraph 3.

If the Consumer does not return the product within 14 days of notifying Streamcraft that they are exercising their right of withdrawal, their right of withdrawal lapses.

If the Consumer has withdrawn from the purchase in time and has returned the entire order to Streamcraft in time, Streamcraft will reimburse any shipping costs paid by the Consumer within 14 days of receiving the complete order returned on time.

Streamcraft bears the delivery costs only if the entire order is returned.

If the Consumer exercises their right of withdrawal and returns the entire order in time, the Consumer pays the return costs.

If the Consumer exercises their right of withdrawal and returns the entire order in time, the Consumer pays the return costs.

Streamcraft may exercise its right of retention and retain the Customer's products until the Customer has paid all outstanding amounts owed to Streamcraft, unless the Customer has provided sufficient security for those amounts.

The right of retention also applies in connection with earlier agreements under which the Customer still owes money to Streamcraft.

Streamcraft is not liable for any loss suffered by the Customer as a result of Streamcraft exercising its right of retention.

Streamcraft retains ownership of all delivered products until the Customer has paid all outstanding invoices from Streamcraft relating to the underlying agreement, including claims arising from a failure to perform.

Until the time referred to in paragraph 1, Streamcraft may exercise its retention of title and take back the goods.

Before ownership has passed to the Customer, the Customer may not pledge, sell, transfer or otherwise encumber the products.

If Streamcraft exercises its retention of title, the agreement is cancelled and Streamcraft may claim damages, lost profits and interest from the Customer.

Delivery is subject to stock availability.

Delivery takes place at Streamcraft's premises, unless otherwise agreed.

Products ordered online are delivered to the address specified by the Customer.

If the Customer fails to pay the agreed amounts, or fails to pay them on time, Streamcraft may suspend its obligations until the Customer pays.

Late payment constitutes creditor default, which means that the Customer cannot hold a delayed delivery against Streamcraft.

Streamcraft's delivery times are indicative. The Customer cannot derive any rights from a later delivery, unless otherwise agreed in writing.

The delivery period starts when the Customer has fully completed the ordering process and has received confirmation from Streamcraft.

The Customer is not entitled to compensation and may not cancel the agreement if Streamcraft delivers later than agreed. The Customer may cancel the agreement if this has been agreed in writing, if Streamcraft cannot deliver within 14 days after receiving a written demand to do so, or if the Customer and Streamcraft have agreed otherwise.

The Customer must ensure that actual delivery of the products ordered can take place on time.

The Customer pays the transport costs, unless the Customer and Streamcraft have agreed otherwise in writing.

If the packaging of a delivered product is open or damaged, the Customer must have the carrier record this before accepting the product. If the Customer fails to do so, the Customer cannot hold Streamcraft liable for any damage.

If the Customer arranges transport of a product themselves, the Customer must report any visible damage to the products or packaging to Streamcraft before transport. If the Customer fails to do so, the Customer cannot hold Streamcraft liable for any damage.

The Customer must adequately insure, and keep insured, the following goods against, among other things, fire, explosion, water damage and theft:

• delivered goods that are necessary for performance of the underlying agreement;
• goods belonging to Streamcraft that are held at the Customer's premises;
• goods delivered subject to retention of title.

At Streamcraft's first request, the Customer must make the insurance policies available for inspection.

If the Customer takes delivery of ordered products later than the agreed delivery date, the risk of any deterioration in quality is entirely borne by the Customer.

Any additional costs resulting from taking delivery of products early or late are entirely borne by the Customer.

The Customer may terminate an assignment given to Streamcraft at any time.

If the Customer cancels the assignment, the Customer must pay the remuneration due and the expenses incurred by Streamcraft.

The Customer must immediately notify Streamcraft in writing of any complaints about the work performed. The complaint must describe the shortcoming in as much detail as possible so that Streamcraft can respond appropriately.

A complaint cannot, in any event, oblige Streamcraft to perform work other than the work agreed.

If the Customer and Streamcraft enter into an agreement for services, Streamcraft undertakes an obligation to use its best efforts, rather than an obligation to achieve a particular result.

The product warranty applies only to defects caused by faulty manufacture, construction or materials.

The warranty does not apply:

• in the case of normal wear and tear;
• to damage caused by accidents;
• to damage caused by modifications made to the product;
• to damage caused by the Customer's negligence or improper use;
• if the cause of the defect cannot be clearly established.

The risk of loss, damage or theft of products supplied by Streamcraft passes to the Customer as soon as the products are legally or physically delivered, or otherwise come into the possession of the Customer or a third party accepting the product on the Customer's behalf.

Streamcraft performs the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

Streamcraft may have all or part of the agreed services performed by others.

The agreement is performed in consultation with the Customer, following written approval and payment of any advance by the Customer.

The Customer must ensure that Streamcraft can start performing the agreement on time.

If the Customer fails to ensure that Streamcraft can start on time, the resulting additional costs are borne by the Customer.

The Customer must provide Streamcraft with all information, data and documents relevant to proper performance of the agreement in good time, in the requested form and in the requested manner.

The Customer guarantees the accuracy and completeness of the information, data and documents provided, including those obtained from third parties, unless the nature of the agreement implies otherwise.

If and to the extent requested by the Customer, Streamcraft will return the documents concerned.

If the Customer fails to provide information, data or documents reasonably requested by Streamcraft, or fails to provide them on time or properly, and this delays performance of the agreement, the resulting additional costs and additional hours are borne by the Customer.

An agreement between Streamcraft and the Customer for one or more services is entered into for an indefinite period, unless the nature of the agreement implies otherwise or otherwise agreed.

If the Customer enters into a fixed-term agreement, it automatically becomes an agreement for an indefinite period at the end of the term, unless either Party gives notice that it does not wish to continue the agreement. In that case, the agreement ends at the end of the term. No notice period applies, including for Consumers.

The Customer may terminate a service agreement for an indefinite period at any time without a notice period.

A Consumer may terminate a service agreement for an indefinite period at any time without a notice period.

Streamcraft retains all intellectual property rights in all designs, drawings, written materials, media containing data or other information, quotations, images, sketches, models and scale models, unless otherwise agreed.

Without Streamcraft's prior written consent, the Customer may not show or make available to others, or otherwise use, the intellectual property referred to in paragraph 1.

The Customer must keep confidential all information received from Streamcraft, in whatever form.

The same applies to all other information about Streamcraft that the Customer knows or can reasonably suspect is secret or confidential, or whose disclosure the Customer can expect would cause harm to Streamcraft.

The Customer must take all necessary measures to keep the information referred to in paragraphs 1 and 2 confidential.

The duty of confidentiality described in this article does not apply to information:

• that was already public before the Customer became aware of it, or that subsequently became public without this being the result of a breach of the Customer's duty of confidentiality;
• that the Customer discloses pursuant to a legal obligation.

The duty of confidentiality described in this article applies for the duration of the underlying agreement and for three years after it ends.

If the Customer breaches the article on confidentiality or intellectual property, the Customer must pay Streamcraft an immediately payable penalty for each breach.

If the Customer is a Consumer, the penalty referred to in paragraph 1 is EUR 1,000.

If the Customer is not a Consumer, the penalty referred to in paragraph 1 is EUR 5,000.

In addition, the Customer must pay 5% of the applicable amount in paragraph 2 or 3 for each day that the breach continues.

The Customer must pay the penalty referred to in paragraph 1 without a notice of default or legal proceedings being required. It is also not necessary for any loss to have occurred.

In addition to the penalty referred to in paragraph 1, Streamcraft may claim damages from the Customer.

The Customer indemnifies Streamcraft against all third-party claims relating to the products and/or services supplied by Streamcraft.

The Customer must examine a product or service supplied by Streamcraft for any shortcomings as soon as possible.

If a product or service supplied does not meet what the Customer could reasonably expect, the Customer must notify Streamcraft within one month of discovering the shortcoming.

A Consumer must notify Streamcraft no later than two months after discovering the shortcoming.

The Customer must describe the shortcoming in as much detail as possible so that Streamcraft can respond appropriately.

The Customer must demonstrate that the complaint relates to an agreement between the Customer and Streamcraft.

If a complaint concerns ongoing work, the Customer cannot require Streamcraft to perform work other than the work agreed.

The Customer must give Streamcraft any notice of default in writing.

The Customer is responsible for ensuring that the notice of default actually reaches Streamcraft on time.

If Streamcraft enters into an agreement with several Customers, each of them is jointly and severally liable for fulfilling the obligations under that agreement.

Streamcraft is liable for loss suffered by the Customer only if that loss is caused by intent or deliberate recklessness.

If Streamcraft is liable for loss, this applies only to direct loss connected with performance of an underlying agreement.

Streamcraft is not liable for indirect loss, such as consequential loss, lost profits or loss suffered by third parties.

If Streamcraft is liable, its liability is limited to the amount paid out under a (professional) liability insurance policy. If no insurance has been taken out or no payment is made under the policy, liability is limited to the invoice amount, or the relevant part of it, to which the liability relates.

All images, photographs, colours, drawings and descriptions on the website or in a catalogue are indicative only and cannot give rise to any compensation, termination or suspension.

Any right of the Customer to claim compensation from Streamcraft expires 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

The Customer may terminate the agreement if Streamcraft fails to fulfil its obligations and that failure is attributable to Streamcraft, unless the failure does not justify termination because of its particular nature or minor significance.

If Streamcraft can still fulfil its obligations, termination is possible only after Streamcraft is in default.

Streamcraft may terminate the agreement with the Customer if the Customer fails to fulfil its obligations under the agreement in full or on time, or if Streamcraft becomes aware of circumstances giving it good reason to believe that the Customer will not fulfil its obligations.

In addition to Article 6:75 of the Dutch Civil Code, a failure by Streamcraft cannot be attributed to Streamcraft by the Customer if force majeure applies.

The force majeure situations referred to in paragraph 1 include, among others:

• an emergency, such as a civil war or natural disaster;
• non-performance or force majeure affecting suppliers, delivery providers or others;
• power, electricity, internet, computer or telecommunications outages;
• computer viruses;
• strikes;
• government measures;
• transport problems;
• adverse weather conditions;
• work interruptions.

If a force majeure situation prevents Streamcraft from fulfilling one or more obligations towards the Customer, those obligations are suspended until Streamcraft can fulfil them.

Once a force majeure situation has lasted at least 30 calendar days, both the Customer and Streamcraft may terminate all or part of the agreement in writing.

In a force majeure situation, Streamcraft does not have to pay compensation to the Customer, even if Streamcraft benefits from that situation.

If an agreement needs to be amended for it to be performed, the Customer and Streamcraft may amend the agreement.

Streamcraft may amend these terms and conditions.

Streamcraft may make minor changes at any time.

Streamcraft will discuss substantial changes with the Customer in advance as far as possible.

A Consumer may terminate the underlying agreement if the terms and conditions are substantially changed.

The Customer may not transfer rights under an agreement with Streamcraft to others without Streamcraft's written consent.

If one or more provisions of these terms and conditions prove to be void or voidable, this does not affect the remaining provisions.

In that case, a void or voidable provision will be replaced by a provision that comes closest to what Streamcraft intended when drafting the terms on that point.

These terms and conditions are governed by Dutch law.

The court in the district where Streamcraft is established has exclusive jurisdiction over any disputes between the Customer and Streamcraft, unless the law provides otherwise.