Table of Contents

  • Article 1 – Definitions
  • Article 2 – Applicability
  • Article 3 – Offers and quotations
  • Article 4 – Formation, amendment and performance of the agreement
  • Article 5 – Prices
  • Article 6 – Outsourcing work to third parties
  • Article 7 – Customer’s obligations
  • Article 8 – Suspension and termination
  • Article 9 – Cancellation
  • Article 10 – Consumers’ right of withdrawal
  • Article 11 – Delivery
  • Article 12 – Payment
  • Article 13 – Additional and reduced work
  • Article 14 – Retention of title
  • Article 15 – Warranty
  • Article 16 – Force majeure
  • Article 17 – Liability and indemnity
  • Article 18 – Website and advertising material
  • Article 19 – Processing of personal data
  • Article 20 – Intellectual property rights
  • Article 21 – Complaints
  • Article 22 – Amendments to the Terms and Conditions
  • Article 23 – Legal proceedings
  • Article 24 – Applicable law and competent court

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

  1. 1.1
    EG Veranda:

    the user of these general terms and conditions, the private limited company EG Veranda B.V., with its registered office at Hoppenkuil 17, 5626 DD Eindhoven, and registered in the Trade Register of the Chamber of Commerce under Chamber of Commerce number 75978008.

    1.2. Customer

    a natural person or a legal entity to whom EG Veranda has made an offer or sent a quotation, or with whom EG Veranda is negotiating the conclusion of an agreement, or with whom EG Veranda has concluded an agreement.

    1.3 Consumer: A Customer who is a natural person and who is acting for purposes outside their business or professional activity.

Article 2 – Applicability

2.1 These general terms and conditions apply to all offers, quotations and agreements concluded between EG Veranda and the Customer.

2.2 Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing or electronically.

2.3 If one or more provisions in these general terms and conditions are void or are set aside, the remaining provisions of these general terms and conditions shall remain in full force and effect. EG Veranda and the Customer shall then enter into consultation with a view to agreeing new provisions to replace the void or annulled provisions, whilst taking into account, as far as possible, the purpose and intent of the original provision.

2.4 If the Customer has accepted a quotation from EG Veranda, which refers to the applicability of these general terms and conditions, and has retained it without comment, this shall be deemed to constitute tacit consent to the applicability of these general terms and conditions.

2.5 A Customer who has once entered into a contract on the basis of EG Veranda’s (present) general terms and conditions shall be deemed to have tacitly agreed to the applicability of these general terms and conditions in respect of any orders subsequently placed with EG Veranda or received from EG Veranda.

Article 3 – Offers and quotations

3.1 All offers and quotations, however named and in whatever form made, by or on behalf of EG Veranda – including all details and price quotations contained therein – are at all times entirely without obligation and valid for 30 days, unless a different period of validity has been specified by EG Veranda.

3.2 EG Veranda cannot be held to quotations or offers if they contain an obvious error or typographical mistake.

3.3 If the Customer’s acceptance deviates from the offer set out in the quotation or proposal, EG Veranda shall not be bound by it. The agreement shall not then be concluded in accordance with this deviating acceptance, unless EG Veranda explicitly confirms it.

3.4 Should it transpire that the Customer has provided incorrect or incomplete information, or that changes have occurred on the Customer’s part, EG Veranda shall be entitled to amend the offer made

with the original offer lapsing simultaneously.

3.5 An offer and the prices, rates and deliveries specified therein do not automatically apply to subsequent orders.

Article 4 – Formation, amendment and performance of the agreement

4.1 An agreement is concluded when the Customer accepts the offer or quotation from EG Veranda. An agreement is also concluded upon the commencement of actual performance without the Customer objecting thereto.

4.2 Any additional agreements or amendments made at a later date shall only be binding on the parties if they have been confirmed in writing by EG Veranda. Additional agreements or amendments to the agreement may result in a change to the delivery period originally specified by EG Veranda.

4.3 The Customer is obliged to provide EG Veranda in good time with all information and documents necessary for the proper performance of the agreement.

4.4 EG Veranda is entitled to perform the agreement in different phases and to invoice the part thus performed separately.

4.5 If the agreement is performed in phases, EG Veranda may suspend the performance of those parts belonging to a subsequent phase until the Client has approved the results of the preceding phase in writing.

Article 5 – Prices

5.1 Where the Client is acting in the course of a trade or business, all prices quoted by EG Veranda are exclusive of VAT and third-party costs, unless expressly stated otherwise in the quotation.

5.2 In the case of urgent orders, EG Veranda is entitled to charge the Customer a surcharge or an urgent order rate.

5.3 If, after the quotation or agreement has been concluded, one or more cost factors determining the price – such as purchase prices of goods, material or component prices, labour costs, taxes, currency costs, social security or government levies, packaging costs, insurance premiums and the like, EG Veranda is entitled to adjust the prices accordingly and to pass these on to the Customer. This right applies regardless of whether the price increases were foreseeable. The Customer shall be notified of the price increase as soon as possible.

5.4 The changes to the agreed price as referred to in the previous paragraph do not entitle the Customer to terminate the agreement, unless the Customer is a consumer. The consumer is entitled to terminate the agreement within 5 working days of being notified of the price increase. However, a statutory price increase implemented by EG Veranda shall never constitute grounds for terminating the agreement.

Article 6 – Outsourcing of work to third parties

6.1 EG Veranda is entitled to have certain agreed work carried out by third parties.

6.2 If third parties engaged by EG Veranda carry out work at the Customer’s premises or a location designated by the Customer as part of the assignment, the Customer shall provide, free of charge, the facilities reasonably required by those employees.

Article 7 – Customer’s obligations

7.1 In the event of installation, it shall apply that – without prejudice to the obligations set out elsewhere in these general terms and conditions – the Customer shall, at its own expense and risk, ensure that:

  1. EG Veranda’s personnel, as soon as they arrive at the installation site, are granted free access and, furthermore, if EG Veranda deems it necessary, outside normal working hours.

  2. two parking spaces are available on the day of installation as close as possible to the installation site. Any costs for paid parking will be charged to the Customer.

    c.
    the access routes to the installation site are suitable for the required transport.

    d.
    at the locations where the uprights are to be installed in the ground, there is no paving or rubble etc. (anymore) and that there are no cables or pipes in the ground.


  3. The necessary structural, mechanical and electrical provisions are made in good time, ensuring that connection points and electrical power are made available toEG Veranda
    .

    f.
    Household goods, garden furniture, planters and other property belonging to the Customer are removed so that they cannot be damaged during the installation work. Appropriate measures must also be taken to prevent injury to persons that might arise as a result of the work to be carried out. The work must be able to take place without disruption, and sufficient space must be cleared for the work.

  4. there is no asbestos present at the installation site. If it transpires that asbestos is present after all, the installation will be halted. In that case, the Customer may terminate the agreement, subject to reimbursement of all costs already incurred by EG Veranda. If the Customer does not terminate the agreement, EG Veranda will only resume the installation once the asbestos has been removed. Any costs incurred by EG Veranda in connection with dismantling the installation shall be borne by the Customer.
  5. a competent person is present on behalf of the Customer to answer any questions from EG Veranda’s staff.

7.2 The Customer shall ensure that all information required by EG Veranda to carry out the assigned work to its satisfaction, or information relating to specific requirements, is provided to EG Veranda in good time.

7.3 The Customer shall ensure that the information provided by them is accurate and complete.

7.4 If the Client fails to fulfil the aforementioned obligations, or fails to do so in a timely manner, EG Veranda shall be entitled to suspend the performance of the agreement until such time as the Client does fulfil its obligations. The costs associated with the delay incurred, the loss of working hours, the performance of additional work and other consequences arising from the suspension of work shall be at the Customer’s expense and risk. These costs amount to a minimum of £850 incl. VAT per day, depending on the work to be carried out on that day or those days. The same applies if EG Veranda is unable to carry out the work to be performed by it (on time) due to (other) factors that are at the Customer’s expense and risk, or are attributable to the Customer.

7.5 The Client indemnifies EG Veranda against all claims by third parties arising from the failure to comply, or the late or improper compliance with, the obligations set out in this article.

Article 8 – Suspension and termination

8.1 EG Veranda is, if the circumstances of the case reasonably justify it, authorised to suspend the performance of the agreement without judicial intervention or to terminate the agreement in whole or in part with immediate effect, if and insofar as the Customer fails to fulfil its obligations under the agreement, fails to fulfil them in a timely or complete manner, or if circumstances that come to EG Veranda’s attention after the conclusion of the agreement give good reason to fear that the Customer will not fulfil its obligations. If the fulfilment of the Customer’s obligations in respect of which it is failing or is likely to fail is not permanently impossible, the right to terminate the agreement shall only arise after the Customer has been given notice of default by EG Veranda.

8.2 If the Customer liquidates its business or transfers it to a third party, is in a state of bankruptcy, has applied for (provisional) suspension of payments, the Debt Rescheduling (Natural Persons) Act has been declared applicable to them, any attachment has been levied on their assets, or in any other instance where the Customer cannot freely dispose of their assets, EG Veranda shall be entitled to terminate the agreement with immediate effect and without judicial intervention.

8.3 The Customer shall never be entitled to claim any form of compensation in connection with the right of suspension or termination exercised by EG Veranda pursuant to this article.

8.4 If the agreement is terminated, EG Veranda’s claims against the Customer shall become immediately due and payable.

8.5 If the Client fails to pay within the payment term or, where applicable, has not paid the required deposit, EG Veranda shall be entitled to suspend work for the Client immediately, without being liable for any damage resulting therefrom.

8.6 If EG Veranda proceeds to suspend or terminate the agreement, it shall in no way be obliged to compensate for any damage or costs arising therefrom, in whatever manner.

8.7 If the termination is attributable to the Client, EG Veranda shall be entitled to compensation for the damage, including the costs, arising directly and indirectly therefrom.

Article 9 – Cancellation

9.1 For the purposes of these general terms and conditions, ‘cancellation’ means the termination of the agreement prior to the commencement of its performance, other than the (lawful) exercise of the right of withdrawal by the consumer as referred to in Article 10.

9.2 If the Customer cancels an agreement, the Customer is obliged to pay the agreed price in full, less any demonstrable cost savings for EG Veranda, with a minimum of 60% of the agreed price.

Article 10 – Consumers’ right of withdrawal

10.1 This provision applies only where the Customer is a consumer and insofar as the agreement was concluded outside business premises as referred to in Article 6:260g(1)(f) of the Civil Code.

10.2 The Customer may withdraw from a contract relating to the purchase of a service or product within a cooling-off period of 14 days without giving any reason.

10.3 The cooling-off period referred to in paragraph 2 commences on the day after the Customer has received the product, or if the Customer has ordered multiple products in the same order: the day on which the Customer received the last product. If the Customer has ordered a service, the cooling-off period begins at the time the contract is concluded.

10.4 If the Customer wishes to exercise their right of withdrawal, they must notify EG Veranda within the cooling-off period using the model withdrawal form or by other unambiguous means.

10.5 If the Customer exercises their right of withdrawal in respect of delivered products, the costs and risk of returning the goods shall be borne by them. The products must, where reasonably possible, be returned to the trader in their original condition and packaging.

10.6 Under no circumstances may the Customer exercise the right of withdrawal if products or any of the accompanying accessories:

  • have been manufactured to the Customer’s personal specifications (bespoke items and other modifications);
  • have been ordered specifically for the Customer (size, colour and additional options);
  • if the product is no longer in its original and undamaged packaging and therefore cannot be returned as such;
  • are no longer complete;
  • are damaged;
  • have been put into use;
  • cannot be returned due to their nature.

Article 11 – Delivery

11.1 Delivery deadlines and/or times and/or periods specified by EG Veranda within which services are to be performed and/or products delivered are entirely without obligation and shall not be regarded as strict deadlines, notwithstanding that EG Veranda will do everything in its power to ensure delivery within the specified delivery period.

11.2 If, due to circumstances, EG Veranda is unable to proceed with delivery and installation on or within the specified delivery period, EG Veranda shall notify the customer of this as soon as possible, stating the new delivery period.

11.3 Exceeding the agreed delivery period does not entitle the customer to terminate the agreement in whole or in part, nor does it entitle the customer to any compensation.

11.4 Postponement of a delivery period at the customer’s request may only take place with the express written consent of EG Veranda, on condition that the costs and losses associated with the postponement remain entirely at the customer’s expense and risk. In that case, the cost estimate to be provided by EG Veranda to the customer shall be binding on the customer.

11.5 Delivery of products shall take place in accordance with the Incoterms Ex Works, unless EG Veranda and the customer have expressly agreed otherwise. Delivery Ex Works shall take place from a location and at a time to be designated by EG Veranda. The products shall be made available to the customer at that location. The loading and transport of the goods shall be entirely at the customer’s expense and risk.

11.6 Insofar as it is agreed that EG Veranda shall arrange the transport of the delivered products on behalf of the customer, this shall at all times be at the customer’s expense and risk and in a manner to be determined by EG Veranda. EG Veranda shall not be liable for any damage whatsoever insofar as this relates to the transport or shipment.

11.7 All transport costs and additional costs, including but not limited to insurance, taxes, duties, postage, handling charges and the like, shall be borne by the customer.

11.8 EG Veranda is entitled to deliver products to the customer in instalments. If the products are delivered in instalments, EG Veranda is authorised to invoice each instalment.

11.9 The customer is obliged to take delivery of the products from EG Veranda at the time they are delivered to them by EG Veranda, or at the time they are made available to them by EG Veranda. If the Customer refuses to accept the goods or fails to provide the information or instructions necessary for acceptance or delivery, the products sold will be stored at the Customer’s risk, at the discretion of EG Veranda. In that case, the customer shall owe EG Veranda all additional costs, including in any event storage and handling costs.

11.10 Upon receipt of the products, the customer must immediately check them for any damage and/or defects in the order. If this is the case, the customer must immediately notify EG Veranda of the damage and/or defect by providing a description of the complaint and photographs. Products must be returned in their original packaging and in new condition.

11.11 In the event of installation, the Customer must inspect the work immediately after installation, in the presence of an employee of EG Veranda, for visible damage and/or defects. Any damage and/or defects identified at that time will be repaired by EG Veranda immediately or at a later date. Damage and/or defects to glass or aluminium will only be taken into account if they are visible from a distance of 5 metres under normal lighting conditions. Following the joint inspection, the customer is deemed to have accepted the work and EG Veranda cannot be held liable for any visible defects and/or damage identified at a later date.

Article 12 – Payment

12.1 EG Veranda is entitled to require (partial) advance payment or other security for payment from the Customer.

12.2 In the event of installation, the Customer will receive an invoice on the day of installation. This must be settled immediately by cash payment or online bank transfer. The Customer must be able to provide proof of payment immediately after the installation has been completed.

12.3 If an invoice is not paid, not paid on time or not paid in full by the Customer, the Customer shall be in default towards EG Veranda from the day following the due date of the invoice and shall therefore owe statutory (commercial) interest pursuant to Article 6:119(a) of the Dutch Civil Code to EG Veranda, whereby a part of a month shall be counted as a whole month.

12.4
If the Customer fails to pay within the payment term, they shall also be liable for the extrajudicial collection costs incurred byEG Veranda
, in which case the amount of the extrajudicial collection costs is set at 15% of the principal sum, with a minimum of
£250.00. If the Customer is a consumer, this provision does not apply.

12.5 If EG Veranda is required to initiate legal (debt collection) proceedings against the Customer to recover the amount owed by the Customer, the Customer shall be liable for the reimbursement of the legal costs actually incurred by EG Veranda, notwithstanding the applicable standard rates. If the Customer is a consumer, this provision does not apply.

12.6 Payments made by the Customer shall always be applied first to settle all costs and interest due, and secondly to settle the longest outstanding invoices, even if the Customer states that the payment relates to a later invoice.

Article 13 – Additional and reduced work

13.1 Additional work is understood to mean all extra work and deliveries requested by the Customer or necessarily arising from the agreement which are not included in the quotation and/or the agreement.

13.2 EG Veranda is entitled to charge the Customer for additional work resulting from amended or supplementary work, carried out at the Customer’s request or carried out because, in the opinion of EG Veranda, this was necessary.

13.3 Any additional or reduced work shall be settled in the (final) invoice, unless otherwise agreed in writing.

Article 14 – Retention of title

14.1 All products supplied by EG Veranda remain the property of EG Veranda until the Customer has fulfilled all its obligations towards EG Veranda.

14.2 The products subject to EG Veranda’s retention of title may not be pledged or otherwise transferred to third parties as security, including hire purchase and/or hire-purchase, nor may they be sold, disposed of or moved to any location other than the agreed location in any way. The Customer is further obliged to keep these products separate and to mark them sufficiently clearly as originating from EG Veranda.

14.3 If the Customer fails to pay in full for products delivered by EG Veranda, EG Veranda is entitled to take back all products delivered by it. Invoking the retention of title shall result in the termination of the agreement without the need for judicial intervention, without prejudice to EG Veranda’s right to claim damages.

14.4 The costs of exercising the retention of title shall be borne by and at the risk of the Customer.

14.5 The Customer is obliged to ensure that the products subject to EG Veranda’s retention of title are insured against risks for which insurance is customary (including, in particular, fire, theft, water damage and storm damage) or deemed desirable by EG Veranda.

14.6 In the event of an application for bankruptcy or a suspension of payments, a request for debt restructuring, or in the event of (precautionary) measures taken against the Customer in respect of products supplied by EG Veranda, the Customer is obliged to notify EG Veranda thereof without delay, so that EG Veranda can enforce its right of ownership. The same applies in the event that third parties assert rights in respect of products subject to a right of ownership pursuant to this article.

Article 15 – Warranty

15.1 This provision applies only to Customers who are consumers as defined in Article 1.3 of these general terms and conditions.

15.2 With regard to the products supplied by EG Veranda, only the warranty provided by the manufacturer applies. If, for whatever reason, the manufacturer does not provide a warranty, EG Veranda will likewise not provide a warranty.

15.3 A 6-month warranty applies to the sealant work, provided the Customer has allowed it to dry for the first 48 hours after installation. The warranty does not apply to sealant work that comes loose because the veranda has been cleaned with water within this timeframe, or because walls or joints are not straight, or because the substrate contains loose or specific parts to which sealant does not adhere or adheres only poorly.

15.4 The Customer remains responsible for maintenance.

15.5 The warranty does not extend to defects resulting from normal wear and tear, insufficient maintenance, improper use, lack of care, defects resulting from alterations made by the Customer or third parties, or where the defect is wholly or partly attributable to regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

15.6 Minor deviations, or deviations in quality, quantity, width, dimensions, finish, workmanship, dimensions, colours and the like, or deviations that are generally accepted in the industry in accordance with commercial practice, shall not entitle the Customer to claim replacement or repair work.

Article 16 – Force Majeure

16.1 Force majeure applies if the force majeure situation is not attributable to EG Veranda or the Customer, nor can it be imputed to them.

16.2 For the purposes of these general terms and conditions, force majeure on the part of EG Veranda is understood to mean: a non-attributable failure on the part of EG-Veranda, of third parties or suppliers engaged by it, or other compelling reasons on the part of EG-Veranda.

16.3 Circumstances constituting force majeure on the part of EG-Veranda shall include, but are not limited to: war, insurrection, mobilisation, domestic and foreign unrest, government measures, epidemics, strikes within the organisation or the threat thereof, and similar circumstances; disruption of currency exchange rates existing at the time the agreement was entered into; operational disruptions caused by fire, burglary, sabotage, power cuts, or failures of internet or telephone connections; natural phenomena, (natural) disasters and the like, as well as transport difficulties and delivery problems arising from weather conditions, road blockages, accidents, measures hindering import and export, and the like.

16.4 EG Veranda is entitled to suspend the delivery of goods and/or the performance of the contract for as long as the force majeure situation persists, without the Customer being entitled to a discount, compensation or any other form of remuneration as a result. If the force majeure situation persists for longer than 6 weeks, EG Veranda is entitled to terminate the agreement, in which case EG Veranda shall not be liable for any compensation or other remuneration.

16.5 Insofar as, at the time the force majeure event occurs, EG Veranda has already partially fulfilled its obligations under the agreement or will be able to fulfil them, and the part already fulfilled or to be fulfilled has independent value, EG Veranda is entitled to invoice the part already fulfilled or to be fulfilled separately. The Customer is obliged to pay this invoice as if it were a separate agreement.

Article 17 – Liability and Indemnity

17.1 Except in the case of demonstrable intent or wilful recklessness on the part of EG Veranda or those engaged by EG Veranda, all liability for direct or indirect damage arising from or in connection with the performance of the agreement, or due to defects in products supplied by EG Veranda to the Customer or third parties, is excluded. Indirect damage is expressly, but not exclusively, understood to include business interruption, loss of profit, non-material damage, loss of use, consequential damage (including to third parties) and other forms of financial loss, including all possible claims by third parties, in the broadest sense of the word.

17.2 EG Veranda shall not be liable for damage to cables, pipes, conduits or other underground or above-ground infrastructure running through the ground or through walls, unless such damage is directly caused by wilful misconduct or gross negligence on the part of EG Veranda.

17.3 If EG Veranda is liable, this liability is limited to the amount paid out under a liability insurance policy. In the absence of (full) payment by an insurance company of the amount of the damage, liability is limited to the (portion of the) invoice amount to which the liability relates.

17.4 All images, photographs, colours, drawings and descriptions on the website or in a catalogue of EG Veranda are for illustrative purposes only. The Customer cannot derive any rights from these. Minor deviations or technically unavoidable deviations in quality, quantity, width, dimensions, finish, workmanship, dimensions, colours and the like, or deviations that are generally accepted in accordance with commercial practice in the industry, cannot form grounds for liability on the part of EG Veranda.

17.5 The Customer shall be liable for all damage incurred by EG Veranda if such damage arises from the Customer’s improper use and/or use contrary to EG Veranda’s instructions, and/or improper storage of the delivered products or materials. The same applies if such damage is caused by errors, inaccuracies or defects in data, materials or data carriers provided by the Customer to EG Veranda.

17.6 The Customer shall indemnify EG Veranda against all claims by third parties for compensation for damage relating to the performance of the agreement, unless the damage in this regard is demonstrably attributable to wilful misconduct or gross negligence on the part of EG Veranda.

Article 18 – Website and advertising material

18.1 The website and advertising material of EG Veranda contain general information regarding the goods and/or services it offers. EG Veranda has taken every care to provide the best possible representation of the products and/or services offered, as well as to make the content as complete, clear and secure as possible; however, it cannot guarantee that the website and promotional material are free from errors (and malware and/or viruses on the website). As soon as EG Veranda becomes aware of any of the above, EG Veranda will endeavour to correct and/or remedy this immediately or as soon as possible.

18.2 EG Veranda is not liable for any damage whatsoever arising from the misuse of its website or for anything arising from the continued use of the website, regardless of whether a suspicious situation arises. EG Veranda cannot be held liable for any errors that may occur on its website or in its advertising material. Nor shall it be liable for statements and/or comments made by third parties based on their own opinions, the veracity of which cannot be verified.

Article 19 – Processing of personal data

19.1 All personal information that EG Veranda collects and processes on the website or in person, with the Customer’s consent, is done for the sole purpose of processing what the Customer has shown an interest in or has purchased. If the Customer has given explicit consent, this data will also be used to provide the Customer with news and updates regarding EG Veranda and its goods and services.

19.2 Personal information is handled and processed in accordance with the General Data Protection Regulation.

19.3 If the Customer wishes to have their personal data deleted, this will be done after the Customer has submitted a request to this effect to EG Veranda. If the Customer makes such a request, they are asked to bear in mind that, once their personal data has been deleted, EG Veranda will no longer be able to provide optimal aftercare once EG Veranda no longer has access to their personal data.

Article 20 – Intellectual property rights

20.1 The trade name, goods and/or services operated/used by EG Veranda are, or may be, protected by intellectual property rights under copyright, trade mark law, design law, patent law, trade name law and also civil law, namely tort and slavish imitation. These rights are and shall remain at all times the property of EG Veranda and may not be used by anyone other than EG Veranda or by anyone to whom the latter has granted permission to make use of the relevant right.

20.2 The use of the rights referred to in paragraph 1 of this article in the final work or on the website and/or in advertising material of EG Veranda does not imply any transfer or free use of these rights. Any unauthorised use will constitute an infringement of the rights of EG Veranda.

Article 21 – Complaints

21.1 If the Customer has a complaint regarding goods purchased from or services provided by EG Veranda, the Customer must submit the complaint in writing to EG Veranda within 7 days of delivery, accompanied by a statement of reasons and photographs relating to the complaint.

21.2 If the complaint is urgent, the Customer must contact EG Veranda immediately. The Customer must cooperate as fully as possible in describing the urgent matter in order to enable EG Veranda to assess whether immediate action is required or whether the matter can be dealt with at a later date.

21.3 If EG Veranda has acted on the basis of the description of the urgent complaint and it turns out not to be urgent, EG Veranda is entitled to charge the costs relating to the urgent action taken, but not the costs that would have been incurred in relation to a complaint which, following an analysis, EG Veranda would have deemed to be justified.

21.4 If the Customer has a justified complaint, EG Veranda must be given a reasonable opportunity to remedy the underlying cause of the complaint.

Article 22 – Amendment of general terms and conditions

22.1 EG Veranda is entitled to amend or supplement these general terms and conditions.

22.2 If the Customer is a consumer, they are entitled to cancel or terminate the agreement in the event of an amendment to the general terms and conditions, if the amendment is detrimental to them.

Article 23 – Waiver of Rights

The right to bring any legal action or to initiate any dispute by the Customer arising from the agreement between EG Veranda and the Customer shall lapse 12 months after the Customer was aware of, or could have been aware of, the grounds for doing so.

Article 24 – Applicable law and competent court

24.1 These general terms and conditions and the agreements arising between EG Veranda and the Customer are governed exclusively by Dutch law.

24.2 The applicability of the Vienna Sales Convention is expressly excluded.

24.3 Any disputes between EG Veranda and the Customer shall be settled exclusively by the competent Dutch court in the district of Oost-Brabant, unless provisions of mandatory law designate a court in another district.