Terms of Sales

A              General

A.1      CONTACT DATA Raw Idea

Raw Idea B.V. (Raw Idea)

Office address: Anthonetta Kuijlstraat 48, 3066 GS Rotterdam, The Netherlands

PO Box: 59692, 1040 LD Amsterdam, The Netherlands

Tel: +31 85 065 67 59

Email: welcome@rawidea.org

Chamber of Commerce: 77950283

A.2      Definitions and interpretation

A.2.1      Unless explicitly defined otherwise, the following capitalized terms shall have the following meaning, including in communications from or on behalf of the Supplier:

Additional Work: any changes to a Custom Work Order resulting, for example, from modifications to the design, specifications or technical requirements, from information provided by the Customer that proves to be inaccurate, from estimated quantities deviating by more than five percent (5%), or from any other alterations that increase the scope of work for the Supplier compared to what was originally agreed;

Agreement: any (sales) agreement between the Supplier and the Customer, with accompanying annexed and appendices and any additional terms and conditions, (trade) regulations and information applicable, such as disclaimers regarding calculators and comparable personalised information, where Supplier acts as seller and the Customer acts as buyer;

Consumer: the Customer who is a natural person acting for purposes which are outside his business or professional activity;

Custom Work: any Order placed with the Supplier whereby the Product is, in whole or in part, designed, developed or manufactured according to the specifications or wishes of the Customer, and therefore does not form part of the Supplier’s standard product range. As a result, different warranty, performance and usage conditions may apply to such Products; 

Customer: the (legal) person who gives an Order to the Supplier, who buys Products from Supplier, to whom Supplier makes an offer or who concludes an Agreement with the Supplier;

General Terms: The general terms and conditions of Supplier, which can be found on the Site of the Supplier, among other places;

Order: any order or assignment to Supplier to provide, produce and/or deliver Products;

Party: where applicable: Supplier or Customer;

Products: all products or services supplied by or on behalf of Supplier, including – where applicable – the sale / purchase of products and (subscription or rights for) access to and use of Sites;

Site: any internet website(s), online (trading) platform(s) or (mobile) application(s) operated by the Supplier, including www.rawidea.org, https://shop.rawidea.org/, the Tanaruz app and, when made available in the appstores such as those of Apple and/or Android, the Raw Idea app;

Supplier: Raw Idea B.V., also referred to as Raw Idea;

Terms: these terms of sale if Supplier.

A.2.2      The use of the terms "such as", "inter alia", "including" or similar terms in these Terms, an Agreement or any other applicable general terms and conditions of Supplier are not intended to exclude anything else.

A.2.3      The text and definitions of the Dutch version of these Terms are decisive for the interpretation of the Terms and of Agreements. In the event of any conflict between the Dutch version and any other language version, the Dutch version shall prevail. All (legal) conditions and concepts used in these Terms and in Agreements will be interpreted in accordance with Dutch law. C   onsequently, these Terms, the General Terms and Conditions, and the Agreement shall be governed exclusively by Dutch law, even if an obligation is performed wholly or partly abroad or if the Customer is domiciled outside the Netherlands.

A.3      Applicability and amendment

A.3.1      These Terms shall apply to all (sales) agreements, offers, quotations and acceptances thereof, as well as to the acceptance of orders by the Supplier, regardless of any (prior) reference by the Customer to its own or any other (general) terms and conditions.

A.3.2      These Terms supplement the Supplier’s General Terms and apply exclusively when the Supplier sells one or more Product(s) to the Customer. In the event of any inconsistency or conflict between these Terms and the Supplier’s General Terms, these Terms shall prevail. In the event of any inconsistency or conflict with the provisions of the Agreement, the provisions of the Agreement shall prevail.

The Customer accepts the applicability of these Terms and, accordingly, the Supplier’s General Terms, to the exclusion of any (general) terms and conditions applied by the Customer. Deviations from these Terms shall only be valid if expressly agreed in writing with the Supplier and shall apply solely to the specific Agreement for which they were agreed. Should both these Terms and other terms and conditions apply to an Agreement, the provisions of these Terms shall prevail in the event of any inconsistency.

A.3.3      If these Terms have applied to any legal relationship between the Parties, they shall automatically apply to all subsequent legal relationships between the Parties.

A.3.4      The Supplier reserves the right to unilaterally amend these Terms, the General Terms, and any other applicable (general) terms and conditions. Amendments shall enter into force thirty (30) days after they have been made known to the Customer, for example by publication of the new Terms on the Supplier's Sites. Otherwise, amendments and/or supplements to these Terms or an Agreement shall only be binding if they have been expressly agreed in writing and shall only apply to the specific Agreement for which they have been agreed.

A.4      Offers, acceptance and Agreement

A.4.1      All Offers and quotations by the Supplier shall be non-binding. Offers and quotations shall not automatically apply to subsequent orders or to subsequent services. Obvious mistakes or errors in an offer by Supplier shall not be binding on the Supplier.

A.4.2      All price lists, brochures and other information provided with an offer are described as accurately as possible, but shall not be deemed to constitute any form of guarantee. Such information shall only be binding upon the Supplier if expressly confirmed in writing by the Supplier.

A.4.3      The Agreement shall be concluded on the first of the following moments: (i) once the Supplier has received the Customer’s acceptance of the offer and Supplier has not revoked the quotation or offer shortly thereafter, or (ii) once the Supplier has commenced performance of the Agreement, with or without the Customer’s prior written acceptance.

A.4.4      If the Customer makes any amendments or additions to an offer, quotation, statement, document, form, proposal, or Agreement issued by the Supplier, such amendments or additions shall invalidate the Supplier’s original offer. In deviation from the preceding articles, the Agreement shall only be concluded once such amendments or additions have been expressly confirmed in writing by the Supplier.

A.4.5      If the Customer’s acceptance deviates from the Supplier’s offer, such acceptance shall constitute a new offer by the Customer and a rejection of the Supplier’s entire offer, even if the deviation concerns minor or non-essential elements.

A.4.6      If the Customer submits an offer to the Supplier, such offer shall only be deemed accepted if the Supplier provides written acceptance or has commenced performance of the Agreement.

A.4.7      If performance of the Agreement is delayed or rendered impossible due to circumstances attributable to the Customer, this shall not affect the Customer’s payment obligations. The Customer shall remain obliged to make payment at the agreed time, regardless of the delay in performance.

A.4.8      For Custom Work Products, the Supplier shall be entitled to require payment in stages. Such stages may include, among others: (i) the design phase, (ii) the production of a prototype, (iii) final production, and (iv) any subsequent post-processing.

A.4.9      The Customer shall make (partial) advance payments per phase before the Supplier proceeds with the next phase of the Custom Work, unless expressly agreed otherwise in writing. If the Customer fails to make timely payment of the amounts due, the Supplier shall be entitled to suspend the execution of the Order without being liable for any damages.

A.4.10      The Customer shall not be entitled to unilaterally suspend, terminate, or cancel an Agreement relating to Custom Work, unless expressly agreed otherwise in writing with the Supplier. Should the Customer nevertheless suspend, terminate, or cancel the Agreement, in whole or in part, the Customer shall be obliged to fully compensate the Supplier for all costs and commitments already incurred, including but not limited to design, material, labour and overhead costs, without prejudice to the Supplier’s right to compensation for loss of profit and any other damages. Where the Parties have expressly agreed otherwise in writing, suspension, termination, or cancellation by the Customer shall only be permitted on the condition that the Customer pays the agreed or reasonably determined cancellation fee.

A.4.11      Between the Parties, the content of the Orders, Agreements, purchase confirmations, statements and information of the Customer, as received by the Supplier, shall serve as prima facie evidence, until counter-evidence has been provided at the discretion of the Supplier, which evidence does not require further substantiation. Input errors and other mistakes made during the Order or process shall be for the account and risk of the Customer. The Supplier reserves the right to refuse Orders without reason.

A.5      Delivery and performance

A.5.1      If a term or delivery period has been agreed for the fulfilment of an Order by the Supplier, such term or period shall be indicative only and shall never be considered a strict or fatal deadline. In the event of any delay, the Customer must therefore provide the Supplier with a written notice of default in accordance with the law and grant the Supplier a reasonable additional period to perform. Exceeding any delivery term or period shall not entitle the Customer to any damages, termination of the Agreement, or suspension or non-fulfilment of any of its obligations arising from the Agreement or any related agreement.

A.5.2      The delivery period or performance term shall not commence until: (i) the Parties have reached agreement on all commercial and technical aspects of the Agreement, (ii) the Supplier has received all information required for performance, including final drawings and documents approved by the Customer, (iii) the Supplier has received the agreed (instalment) payment, and (iv) all other conditions necessary for performance have been fulfilled.

A.5.3      The Supplier may extend the delivery period by a period it deems reasonable if circumstances arise that were not known or could not reasonably have been known to the Supplier when the original delivery period or performance term was given. The same applies in the event of Additional Work or if the Supplier has suspended its obligations and the reason for such suspension has subsequently ceased to exist. Unless proven otherwise by the Customer, the duration of such extension shall be deemed necessary and to result from one of the aforementioned situations.

A.5.4      If the Supplier must repair or replace parts or materials as described in article Error! Reference source not found., or if the required parts or materials are not made available to the Supplier in a timely manner or in proper condition, the agreed delivery period or performance term shall automatically be suspended. The delivery period shall recommence only once the necessary materials or repaired parts are fully ready for processing and have been made available to the Supplier.

A.5.5      As a general rule, delivery shall occur at the moment the Products leave the Supplier’s premises, or the premises of the party holding the Products on behalf of the Supplier. Delivery shall not take place before the Customer has fully settled all invoices and payment obligations relating to the Agreement.

A.5.6      The agreed or stated delivery period shall not expire as long as the Customer has not fully complied with its (advance) payment obligations or any other obligations that apply as a condition for delivery. Any failure to deliver due to the Customer’s failure to timely comply with one or more of these obligations shall not be attributable to the Supplier and shall not entitle the Customer to damages, suspension, or termination of the Agreement.

A.5.7      Unless expressly agreed otherwise in writing, all costs related to the delivery of the Products – including but not limited to transport, packaging, insurance, and any import duties – shall be borne by the Customer.

A.5.8      If no specific delivery term has been agreed or stated, a delivery period of eight (8) weeks after the date of order confirmation shall apply. In the event this period is exceeded, the Customer shall only be entitled to serve the Supplier with a written notice of default by registered letter. The Customer shall in that case grant the Supplier a reasonable additional term for delivery, commencing on the date the notice of default is received.

A.5.9      If the Customer fails to collect the Products within four (4) weeks after the delivery period has expired, or if delivery cannot take place within four (4) weeks after the Products are ready for delivery because the Customer has not yet fulfilled all payment obligations under the Agreement, the Supplier may recycle or (privately) sell the Products and terminate the Agreement. Any resulting shortfall in revenue as well as any costs incurred shall be borne by the Customer, without prejudice to any other rights of the Supplier.

A.5.10      The Parties may agree that the Supplier shall arrange transportation of the Products. In such case, the risk of loading, transport, and unloading shall remain entirely with the Customer. The Customer is solely responsible for obtaining adequate insurance to cover such risks, unless expressly agreed otherwise in writing.

A.6      Retention of title

A.6.1      This article applies to cases where the Parties have acted (or where performance occurred) in deviation from the provisions of article Error! Reference source not found.. In such cases, all Products delivered shall remain the property of the Supplier until the Customer has fully satisfied all of its payment obligations towards the Supplier under any Agreement concluded with the Supplier, including any claims arising from the Customer’s failure to comply with such Agreements.

A.6.2      The Supplier shall be entitled to reclaim and repossess the Products if the Customer applies for bankruptcy or is declared bankrupt, applies for or is granted suspension of payments, becomes subject to the Debt Restructuring Natural Persons Act (“Wet Schuldsanering Natuurlijke Personen”), or if all or part of the Customer’s assets are seized.

A.6.3      The Products shall also remain the property of the Supplier if the Customer has fulfilled all payment obligations, but the Products have not yet been physically delivered to or collected by the Customer as described in article Error! Reference source not found.. The actual transfer of ownership shall occur only upon physical delivery or collection, provided that the Customer has fully satisfied all of its payment obligations towards the Supplier under any Agreement, including claims arising from failure to comply with such Agreements.

A.6.4      As long as ownership of the delivered Products has not passed to the Customer, the Customer may not alienate, sell, use as payment, pledge, encumber, or otherwise dispose of the Products, except insofar as such actions fall within the Customer’s normal course of business. The Customer undertakes, at the Supplier’s first request, to cooperate in establishing a right of pledge over the Products delivered by the Supplier that have not yet been paid for. The Customer must also immediately inform any third parties who (intend to) seize the Products of the Supplier’s retention of title and must promptly notify the Supplier thereof in writing.

A.6.5      The Customer must at all times do everything that may reasonably be expected of them to safeguard the Supplier’s ownership rights.

A.6.6      The Customer undertakes to insure (and keep insured) the Products delivered under retention of title for the benefit of the Supplier against fire, explosion, water damage, and theft, and to present the insurance policy to the Supplier for inspection upon first request. In the event of any insurance payout, the Supplier shall be entitled to the proceeds. Insofar as necessary, the Customer hereby undertakes in advance to cooperate with everything that may be required or desirable in that regard.

A.6.7      In the event the Supplier wishes to exercise its aforementioned ownership rights, the Customer hereby grants the Supplier, and any third parties designated by the Supplier, unconditional and irrevocable permission in advance to enter all locations where the Supplier’s property is situated with the sole purpose to repossess such property.

A.7      Prices

A.7.1      All monetary amounts communicated by the Supplier, including prices and calculations of fees, payments, remuneration, bonuses, additional compensation, or costs, are, where applicable, exclusive of VAT and any other applicable taxes or levies imposed by governmental or semi-governmental authorities.

A.7.2      Unless expressly stated otherwise, all price quotations are non-binding and subject to change.

A.7.3      In the event of Additional Work, the Supplier is entitled to proportionally increase the agreed price. Such increase shall be based on the nature and scope of the additional work, the required extra materials and the additional labour hours. The Supplier shall inform the Customer as soon as reasonably possible of any expected price adjustment resulting from the Additional Work. Where a price increase results from Additional Work, the provisions of article A.1.4 shall not apply.

A.7.4      Unforeseen price increases imposed by the Supplier’s own suppliers - whether or not retroactive - as well as changes in exchange rates, import duties, VAT, electricity costs, or statutory wage increases, entitle the Supplier, at its discretion, to charge the corresponding higher price or to terminate the Agreement. If the price increase exceeds ten percent (10%) of the total price, the Customer shall have the right to terminate the Agreement - solely with respect to the portion not yet performed - by giving written notice within five (5) working days after being informed of the price increase, provided that the Customer had not previously been informed that such a price increase might occur due to certain circumstances.

A.7.5      Unless expressly agreed otherwise, all prices are based on performance of the Agreement during the Supplier’s regular working hours and working days. Regular working hours are the hours between 08:00 and 17:00 on regular working days, being Monday through Friday, excluding public holidays recognized in the Netherlands.

A.7.6      If the Customer requests that work be performed outside the regular working hours or working days, the Supplier shall be entitled to charge an urgency surcharge or an out-of-hours rate. This surcharge is normally 150% of the standard hourly rate but may, under special circumstances, be higher or lower.

A.8      Complaints

A.8.1      The Customer is obliged to inspect the delivered Products immediately upon the moment the Products are made available to them, or upon completion of the relevant work. The Customer must verify whether the quality and/or quantity of the delivered items conforms to the Agreement and meets the requirements agreed upon by the Parties. Any defects must be reported to the Supplier in writing without delay after discovery. The notice must include a description of the defect that is as detailed as possible, enabling the Supplier to respond appropriately. The Customer shall allow the Supplier to examine any complaint. If the Customer fails to do so or fails to report such defect within two (2) working days after receipt of the Products, the delivered items shall be deemed to have been accepted without defect, and any right to replacement, repair, compensation, or complaint shall lapse.

A.8.2      A timely complaint by the Customer shall not suspend their payment obligation. In such case, the Customer remains bound to accept and pay for the other Products ordered.

A.8.3      If it is established that a Product was defective at the time of delivery and a timely complaint has been lodged, the Supplier shall, within a reasonable period after the defective Product has been returned, or, if return is not reasonably possible, after written notification of the defect by the Customer, at the Supplier’s discretion, replace or repair the defective Product, or provide a replacement compensation to the Customer. In the event of replacement, the Customer is obliged to return the replaced Product to the Supplier and transfer ownership thereof, unless the Supplier indicates otherwise.

A.8.4      Complaints regarding the Supplier’s Products that arise after delivery and that were therefore not already present at the time of (initial) delivery must be reported electronically or by telephone within fourteen (14) days after discovery, or after the moment the Customer could reasonably have discovered them.

A.8.5      Upon discovering a defect or malfunction, the Customer must take all reasonable measures to prevent further damage. The Customer shall, upon request, provide all cooperation necessary for inspection and resolution of the complaint, including by allowing the Supplier to investigate the circumstances of use of the Products and any related factors.

A.8.6      If the Customer submits a complaint in the proper and timely manner, the Supplier shall make reasonable efforts to resolve the complaint as soon as possible. Where feasible, the Supplier shall inform the Customer when the complaint has been resolved.

A.8.7      If a complaint is fully or partly attributable to the Customer’s failure to comply with the Agreement, any instructions by Supplier or these Terms, the Supplier may charge the Customer for all costs related to handling such complaint.

A.8.8      Deviations in colour, size, finish, or texture that fall within the customary tolerances applicable to the relevant printing process or materials shall not constitute valid grounds for a complaint, claim for damages, or warranty claim against the Supplier.

A.8.9      If the Customer believes that a Custom Work Product does not meet the specifications set by the Customer, the Customer shall immediately notify the Supplier in writing, stating the reasons. The Customer must allow the Supplier the opportunity to deliver the work correctly.

A.8.10   If the agreed performance includes the design, processing, or modification of materials or components supplied by the Customer, this shall be done entirely at the Customer’s expense and risk. In the event of loss, damage, or unsuitability of the supplied materials, the Supplier shall not be liable, unless such loss or damage is due to intent or gross negligence on the part of the Supplier. In such a case, the Customer is obliged, at its own expense, to timely supply suitable replacement materials to avoid hindering the progress of the Custom Work.

A.8.11   Parts or materials that are repaired, modified, or replaced by the Supplier in connection with a complaint submitted by the Customer shall be sent to the Supplier at the Customer’s own expense and risk, unless expressly agreed otherwise. The associated costs of transport or shipment, dismantling and/or assembly, as well as any travel and accommodation expenses and travel time of personnel of both the Supplier and the Customer, shall be borne by the Customer, unless otherwise agreed in writing.

A.8.12   The costs of repair or modification of a Custom Work Product resulting from a deviation from the agreed specifications as reported by the Customer shall be borne by the Supplier, unless the deviation is attributable to the Customer. This includes, but is not limited to:

A.8.12.1           the Customer’s failure to provide specifications, data, or instructions in a timely or complete manner;

A.8.12.2           unclear, contradictory, or unworkable requirements set by the Customer;

A.8.12.3           changes to requirements or specifications after commencement of the Custom Work; or

A.8.12.4           use of materials, designs, or information supplied by the Customer that prove to be defective or unsuitable.

In the above cases, among others, the Supplier reserves the right to charge the Customer for the additional costs incurred.

A.8.13   If it is established that a complaint is unfounded, all costs incurred as a result thereof, including inspection costs, shall be borne in full by the Customer.

A.8.14   All complaints or warranty claims may be submitted by email to welcome@rawidea.org. The email should include as many details as possible in order to provide a clear description of the defect or complaint. The Supplier shall send the Customer an acknowledgment of receipt within two (2) working days.

A.9      Warranty Provisions

A.9.1      For Custom Work Products, a warranty period of six (6) months applies after delivery, unless expressly agreed otherwise in writing with the Supplier. As Custom Work Products are considered prototypes, this warranty is limited to defects in design or construction that occur under normal use.

A.9.2      For other Products from the standard range, the applicable warranty period depends on the type of Product. This period will, where applicable, be stated in the quotation, the Agreement, on the Site, or on the invoice. In the absence of such mention in the quotation, the Agreement, on the Site, or on the invoice, no warranty or conformity obligation shall apply on the part of the Supplier, except as required by mandatory law.

A.9.3      If the Customer also qualifies as a Consumer, the statutory provisions regarding non-conformity and consumer sales as laid down in the Dutch Civil Code shall apply. In that case, the provisions of articles A.1.1 and A.1.2 shall only apply insofar as they do not conflict with mandatory consumer protection law. The Consumer shall always retain the right to free repair, replacement, or refund if the Product does not conform to the Agreement upon delivery and the statutory warranty period is still in effect.

A.9.4      The warranty as referred to in articles A.1.1 and A.1.2 does not apply if defects or damage result from:

A.9.4.1             negligence, careless or improper use or storage by the Customer;

A.9.4.2             improper or incorrect use, or use contrary to the Supplier’s instructions or the Product’s specifications;

A.9.4.3             normal wear and tear or cosmetic damage;

A.9.4.4             deliberate damage, installation or assembly by (unqualified) personnel of the Customer or third parties, modifications or repairs, attachment of items to the Products that are not supposed to be attached to said Product, or (post) processing in a manner other than prescribed manner by the Customer or third parties, including attempts thereto, without prior written consent from the Supplier;

A.9.4.5             insufficient maintenance or failure to perform prescribed care;

A.9.4.6             defects in or unsuitability of items, materials, or tools supplied or prescribed by the Customer; or

A.9.4.7             external influences beyond the Supplier’s control, such as damage caused by extreme weather conditions, earthquakes, moisture, extreme temperatures, UV light, chemical substances, or mechanical stress, unless expressly intended within the normal purpose of use or the Supplier has confirmed in writing that the material or Product is resistant thereto. 

A.9.5      No warranty shall be provided for or in relation to:

A.9.5.1             older Products or components that were not new at the time of delivery, unless expressly agreed otherwise in writing; 

A.9.5.2             work consisting of the inspection or repair of products or materials supplied by the Customer;   

A.9.5.3             parts or components for which a (third party) manufacturer’s or supplier’s warranty has already been provided. In such case, only that manufacturer’s or supplier’s warranty applies; 

A.9.5.4             Products or components manufactured based on designs, drawings, models, or specifications supplied by the Customer, if the defect results from inaccuracies or unsuitability therein;

A.9.5.5             functional unsuitability of the end product if it results from the Customer’s design or use specifications;

A.9.5.6             the use of materials supplied or prescribed by the Customer whose quality or suitability has not been guaranteed or validated by the Supplier; and

A.9.5.7             prototypes or test models, including Custom Work Products expressly delivered as such.

A.9.6      A claim under warranty is excluded if the defect was evidently already present at the time of delivery and the Customer failed to notify the Supplier without delay in accordance with the provisions of article Error! Reference source not found. concerning inspection and notification upon delivery. This exclusion does not apply where the Customer also qualifies as a Consumer, in which case the statutory provisions on conformity remain fully applicable.

A.9.7      All parts and (electrical) equipment installed by the Supplier that originate from the Supplier’s manufacturers or importers shall follow the warranty provided by the specific manufacturer. The full manufacturer’s warranty shall therefore apply. After expiry of the warranty period, all costs incurred by the Supplier for repair or replacement, including administration, shipping, and call-out charges, shall be charged to the Customer by or on behalf of the manufacturer, importer, or their designated repairer.

A.9.8      If repair is possible, the Supplier shall as a general rule opt for repair over replacement, provided that after repair the Product does not materially differ from a new Product in terms of appearance or functionality.

A.9.9      In the event of repair, the warranty period shall be suspended for the duration during which the Product is in the possession of the Supplier for repair.

A.9.10   A claim for termination of the Agreement on the grounds of an allegedly excessive repair period is excluded.

A.9.11   The warranty is non-transferable. In the event of (re)sale or transfer of the Product or Custom Work Product by the Customer to a third party, the right to warranty vis-à-vis the Supplier shall lapse.

A.10      Other provisions

A.10.1      If any provision of these Terms, the General Terms, or an Agreement is found to be null and void or is annulled, this shall not affect the validity and applicability of the remaining provisions. The null and void or annulled provision shall be replaced by the Supplier with a provision that is valid and not subject to annulment, which in content and effect most closely approximates the intent of the original provision.

A.10.2      The provisions and exceptions set out in articles A.5.1, A.5.3, A.5.4, A.5.6, A.7.4, A.8.3, A.8.8, A.8.10, A.9.6 and A.9.10 do not grant the Customer any grounds for claims against the Supplier, including but not limited to claims for non-conformity, breach of contract, (consequential) damages, warranty, or any other legal basis whatsoever. Nor shall they provide any grounds for dissolution of the Agreement, suspension or set-off of obligations, or any other form of legal action or defence in the event such a situation arises.

B              Consumers

All provisions of these Terms shall also apply in cases where the Customer is a Consumer. In the event of any conflict between the provisions of these Terms and the applicable laws and regulations relating to consumer protection, those provisions, articles and clauses of these Terms that conflict with such laws and regulations shall be disregarded, without affecting the validity of the remaining provisions of these Terms.

B.1      General Terms

B.1.1      Where provisions in these Terms conflict with the provisions set out in chapter B CONSUMERS of the Supplier’s General Terms, the provisions of that chapter of the General Terms shall, contrary to all other cases, take precedence over the provisions of these Terms in the event the Customer is a Consumer.

B.2      Price adjustments

B.2.1      If a price change as referred to in article A.7.4 occurs within three (3) months after the conclusion of the Agreement, the Customer who is also a Consumer shall in any case have the right to immediately terminate the Agreement.