Article 1: Definitions
The following words have the following meanings in these terms and conditions.
“User / Supplier”: The natural or legal person who exercises a profession or business and who is hired by 3DLEGENDS within the framework of its business operations after concluding a delivery contract or agreement to enter into an assignment issued by 3DLEGENDS.
“Supplier Terms”: These supplier terms.
“Delivery Contract”: An agreement between the Supplier with regard to the delivery of services and / or products by the supplier to 3DLEGENDS.
“Remote Agreement”: The agreement concluded by email between 3DLEGENDS and the User / supplier.
“Website”: www.3dlegends.nl.
Article 2 Applicability
2.1 These Supplier Terms and Conditions apply to any offer made by 3DLEGENDS by mail, telephone or website and furthermore to any Distance Contract between 3DLEGENDS and the Supplier. Before the Distance Contract is concluded, the text of these Supplier Terms and Conditions will be made available to the Supplier electronically, in such a way that the Supplier can easily store it on a durable medium.
2.2 To avoid misunderstandings: these Supplier Terms and Conditions apply to the Supply Contracts. The Supplier undertakes to make the text of those conditions its own before agreeing.
2.3 Deviations and additions to these Supplier Conditions only bind 3DLEGENDS if they have been agreed in writing or electronically.
2.4 If one or more provisions in these Supplier Terms and Conditions should be null and void or be annulled, the parties will be bound by rules of the same extent as possible and the other provisions of the general and additional terms and conditions will remain in full force.
2.5 3DLEGENDS reserves the right to change the content of these Supplier Terms with a period of thirty (30) days. Supplier has the right to immediately terminate the Distance Agreement if he does not agree with the changed content. The supplier remains obliged to pay agreements already in progress, of which the liability arose before the date of termination of the Distance Contract.
Article 3 Realization
3.1 The Remote Agreement is concluded after it has been confirmed by 3DLEGENDS. This confirmation will be sent to the Supplier by e-mail as soon as possible.
3.2 3DLEGENDS is under no obligation to enter into a Distance Contract with a Supplier and may refuse Suppliers at its sole discretion.
Article 4 Duration and termination
4.1 Unless otherwise provided in the Agreement, the Remote Agreement is concluded for an indefinite period. Both the Supplier and 3DLEGENDS can terminate a Distance Contract concluded for an indefinite period at any time in writing with a notice period of one (1) month. If the Distance Agreement has been entered into for a fixed period, interim cancellation is not possible. The Supplier remains obliged to meet the agreed lead time, the chargeability of which arose before the date of termination of the Distance Contract.
4.2 A Supply Contract is entered into for the duration described in the Supply Contract and can be terminated in accordance with the manner, and with the consequences, as described in the Supply Contract.
Article 5 Fees and Payment
5.1 The fees payable to the Supplier by the 3DLEGENDS for the services and / or products delivered under the Delivery Contract will be invoiced directly to 3DLEGENDS. 3DLEGENDS will pay the fee due to the Supplier as soon as 3DLEGENDS and the customer have confirmed that the relevant Service or Product has been properly delivered.
5.4 3DLEGENDS will send the customer an invitation by e-mail to indicate that the relevant Service or Product has been properly delivered. If the customer does not respond to this invitation within 2 working days, 3DLEGENDS will send a reminder. If the customer does not respond to this reminder within 2 working days, the Service and / or the Product will be deemed to have been properly delivered and 3DLEGENDS will instruct the administration department to pay the Supplier. If the customer indicates to 3DLEGENDS within the aforementioned periods that he is not satisfied with the Service or Product supplied by the Supplier, the supplier will be informed and obliged to resolve it within all reasonableness.
5.5 Supplier is not entitled to accept payments made directly by customer. In that case, the Supplier will refund the amount received to the relevant User and point out to the customer that payment can only be made to 3DLEGENDS.
Article 6 General obligations of 3DLEGENDS
6.1 3DLEGENDS will endeavor to announce activities or changes to its projects in a timely manner. If this is reasonably necessary for the execution of the assignment.
6.2 3DLEGENDS undertakes to make payment after the successful completion of the order by the supplier. The term of payment will be determined in advance and agreed upon per assignment.
Article 7 Obligations of the Supplier
7.1 The Supplier guarantees the correctness and completeness of the information it provides to 3DLEGENDS, such as its e-mail address and address details. He will notify 3DLEGENDS of any changes to this information as soon as possible.
7.2 The Supplier undertakes to actively cooperate with 3DLEGENDS. In particular, Supplier will provide 3DLEGENDS with all documents, information and data necessary for the performance of services within the required periods.
7.3 In particular, the Supplier is not permitted to offer or distribute information via a medium or Website that:
– is undeniably defamatory, defamatory, insulting, racist, discriminatory or hateful;
– constitutes a violation of the privacy of third parties, including in any case but not exclusively the distribution of personal data of third parties without permission or necessity or the repeated harassment of third parties with undesired communication;
– contains hyperlinks, torrents or references with (locations of) material that unmistakably infringes copyrights, related rights or portrait rights; or
– contains malicious content such as viruses or spyware.
7.4 If the Supplier violates the provisions of Article 7.3, 3DLEGENDS has the right to terminate contact with the Supplier with immediate effect and without any liability. The Supplier will also indemnify 3DLEGENDS against any claim related to the violation of the relevant provisions.
Article 8 Delivery contracts and complaints
8.1 Supply contracts are concluded between Suppliers and 3DLEGENDS. The Supplier is obliged to ensure that its offer and the performance of the Supply Contracts comply with applicable laws and regulations.
8.2 3DLEGENDS is the only party entitled to determine which services and products are offered, as well as from what time this may start.
8.3 In the event that the customer has a complaint with regard to the quality of a service or product supplied by the Supplier, the customer will report this complaint in writing to 3DLEGENDS within 2 days after delivery of the relevant service or product, unless a different term has been discussed. . After receipt of the complaint, 3DLEGENDS will report the complaint to the Supplier within 2 days and ask the Supplier to respond to the complaint in writing. The Supplier must respond to the complaint within 2 days after receipt of the notification by 3DLEGENDS, failing which 3DLEGENDS will assume that a dispute has arisen. If a dispute arises or threatens to arise as a result of the complaint between 3DLEGENDS and the Supplier, 3DLEGENDS will attempt a mediation once with the aim of resolving this (imminent) dispute as quickly and efficiently as possible. If this attempt is unsuccessful, 3DLEGENDS will withdraw and the dispute will be settled by a third party, after which the costs will be charged to the supplier.
Article 9 Privacy
9.1 The privacy statement of 3DLEGENDS applies to the processing of Supplier’s personal data.
9.2 3DLEGENDS will provide the personal data provided by the customer to Suppliers when necessary, insofar as this is necessary for the execution of the Supply Contracts. The Supplier may not use the relevant personal data and sensitive data for any other purpose than the assignment in accordance with the contract and indemnifies 3DLEGENDS against any claim by Users based on the allegation that the Supplier has violated this obligation. The Supplier shall take appropriate technical and organizational security measures against loss or unlawful use of personal data, which 3DLEGENDS has provided to it.
Article 10 Liability and indemnification
10.1 3DLEGENDS is never liable for any indirect damage of the Supplier or third parties, including consequential damage, lost turnover and profit, loss of data and intangible damage, related to or arising from the Distance Contract or assignment.
10.2 Except for intent or gross negligence, 3DLEGENDS is only liable for direct damage attributable to the acts or omissions of 3DLEGENDS whereby the compensation will never exceed the actual costs incurred by the Supplier in accordance with the offer of the supplier, on which the liability of 3DLEGENDS is based , occurred.
Article 11 Force majeure
11.1 If either party cannot fulfill an obligation under the Distance Agreement due to a non-attributable shortcoming (hereinafter: a “force majeure situation”), the other party cannot hold this party liable for this failure.
11.2 There is a force majeure situation if a shortcoming is not due to the fault of a party and is not for its account under law, legal act or prevailing views. Circumstances that may lead to a force majeure situation include: labor disputes, power failures, disruptions in the connection to the internet, disruptions in the telecommunication infrastructure and acts or omissions of suppliers, including but not limited to an act or omission by telecommunication suppliers.
11.3 The obligations of the parties will be suspended as long as the force majeure situation continues. If a force majeure situation lasts longer than thirty days, each party is entitled to immediately terminate the Distance Agreement, without the right to compensation, after written notification of this decision.
Article 12 Other provisions
12.1 3DLEGENDS has the right to have the services performed in whole or in part by third parties. The rights arising for the Supplier from the Distance Contract are not transferable.
12.2 Dutch law applies to these conditions and the Distance Contract. Any disputes arising from these conditions or the Distance Contract will only be submitted to a competent court in East Brabant.