1. Definitions
1.1. In these General Terms and Conditions, the following terms, always written with a capital letter and
used in the singular and plural, shall have the following meaning:
a) Agreement: any agreement between NL ALUMINIUM and the Customer.
b) Business Customer: a Customer who is not a Consumer.
c) Consumer: the natural person who is not acting for purposes related to his trade, craft, business or
profession and who has entered into the Agreement with NL ALUMINIUM.
d) Customer: the natural or legal person who has concluded the Agreement with NL ALUMINIUM,
regardless of whether he is a Consumer or a Business Customer.
e) Distance Agreement: the agreement concluded between NL ALUMINIUM and Consumer within the
framework of an organized system for distance selling or service provision without simultaneous
personal presence of NL ALUMINIUM and Consumer and whereby, up to and including the moment at
which the agreement is concluded, exclusive use is made of one or more means of distance
communication.
f) General Terms and Conditions: the present general terms and conditions of sale of NL ALUMINIUM.
g) Intellectual Property Rights: all intellectual property rights and related rights, including but not limited
to: copyrights, trade secrets, database rights, domain name rights, trade name rights, trademark rights,
design rights, neighboring rights, patent rights and rights to know-how.
h) Offer: the offer that NL ALUMINIUM makes or has made to Customer for the supply of products
and/or services by NL ALUMINIUM, whether or not on the Website and/or in the form of a (written)
quotation.
i) Party/Parties: Customer and/or NL ALUMINIUM.
j) Right of Withdrawal: the possibility of a consumer to rescind the Distance Agreement within the
Withdrawal Period without giving reasons.
k) NL ALUMINIUM: the sole proprietorship company NL ALUMINIUM, established at Sint Janskruidlaan
368 (1187 ED) in Amstelveen, registered in the trade register of the Dutch Chamber of Commerce under
Chamber of Commerce number 87880881.
l) Website: the online environment on which products are offered by NL ALUMINIUM and/or third
parties, available at https://nlaluminium.com/.
m) Withdrawal Period: the period within which the Consumer can make use of his/her Right of
Withdrawal.
2. Identity and contact details of NL ALUMINIUM
2.1. NL ALUMINIUM can be reached via the following contact details:
NL ALUMINIUM
Sint Janskruidlaan 368
1187 ED Amstelveen
The Netherlands
Phone: +31 (0) 6 4800 7415
E-mail: nl13aluminium@gmail.com
Dutch Chamber of Commerce-number: 87880881
3. Applicability
3.1. These General Terms and Conditions have been drawn up in Dutch and have been translated into
another languages. In the event of a dispute between different versions of the General Terms and
Conditions, the Dutch version shall prevail and must be interpreted in accordance with the laws and
regulations of the Netherlands.
3.2. These General Terms and Conditions apply to the Offer, every Distance Agreement, the delivery of
products and/or services by NL ALUMINIUM and the performance of (other) (legal) acts between
Parties. Each Offer is made by NL ALUMINIUM under applicability of these General Terms and
Conditions.
3.3. Customer declares that the General Terms and Conditions have been made available to him, that he
has taken note of them and that he agrees with them.
3.4. These General Terms and Conditions contain a number of specific deviating stipulations with regard
to Consumers. For the rest, these General Terms and Conditions apply to Consumers if and insofar as
they are not contrary to any mandatory statutory provision.
3.5. Any conditions of the Customer, such as general conditions or purchasing conditions do not apply
and are expressly rejected.
3.6. If one or more of the provisions in the Offer, the Agreement and/or the General Terms and
Conditions are invalid, contrary to the law and/or unenforceable, this shall not affect the validity of the
other provisions. In such a case, the Parties will negotiate in proper consultation about a new provision
to replace the invalid or unenforceable provision, which will have the same purport as the invalid or
unenforceable provision as much as possible.
3.7. A deviation from these General Terms and Conditions is only valid if it has been agreed in writing.
Any verbal promises and agreements have no effect unless they have been confirmed in writing by NL
ALUMINIUM.
4. The Offer and the conclusion of the Agreement
4.1. NL ALUMINIUM will make an Offer to the Customer that includes which products and/or services
are offered and the fee payable by the Customer upon acceptance of the Offer.
4.2. The Offer is non-binding and does not bind the Customer to anything. NL ALUMINIUM reserves the
right to adjust or change the Offer at any time.
4.3. If an Offer has been made in a (written) quotation, the Offer will be valid for a period of 14
(fourteen) days after the date of dispatch by NL ALUMINIUM, unless stated otherwise in the Offer. An
Offer on the Website is only valid during the time that this Offer is mentioned on the Website.
4.4. The description of the products and/or services in the Offer is binding. NL ALUMINIUM is not bound
by any deviating answer from the Customer, even if this answer only differs from the Offer in minor
points.
4.5. The Offer may be based on information provided by the Customer. In that case, if this information
turns out to be incorrect, NL ALUMINIUM is entitled to adjust the Offer and/or the fees due to the
correct information, even after the Agreement already has been concluded.
4.6. The Agreement is concluded as soon as the Offer is accepted. The Offer is deemed to be accepted as
soon as Customer agrees with the Offer, or if NL ALUMINIUM can reasonably regard Customer's
behavior as (an impression of) (raised) acceptance.
4.7. NL ALUMINIUM cannot be held to the Offer if Customer can reasonably understand that the Offer,
or a part thereof, contains an obvious mistake or error.
4.8. NL ALUMINIUM cannot guarantee that the colors shown on the Website correspond exactly to the
actual color of products.
5. The (performance of the) Agreement
5.1. Every Agreement is entered into under the condition precedent of sufficient availability of products
and materials.
5.2. NL ALUMINIUM will make commercially reasonable efforts to perform the Agreement for the
benefit of the Customer.
5.3. All activities performed by NL ALUMINIUM are based on a best-efforts obligation.
5.4. Customer recognizes that the fulfilment of the Agreement also depends on his cooperation with
NL ALUMINIUM. Customer therefore provides all required cooperation to enable a timely and correct
performance of the Agreement by NL ALUMINIUM. In particular, this means that Customer will correctly
and timely provide all data and information that NL ALUMINIUM indicates are necessary or desired, or
that Customer should reasonably understand are necessary for the performance of the Agreement, and
that Customer will cooperate in a timely manner. If Customer fails to provide the necessary or desired
data and information and / or cooperation, then NL ALUMINIUM is not responsible for the
consequences and is not liable.
5.5. In the performance of the Agreement, NL ALUMINIUM is not obliged to follow instructions and/or
directions of Customer, especially if these instructions and/or directions change the content and/or
scope of the Agreement or if the Agreement is supplemented. Insofar as NL ALUMINIUM chooses to
follow these instructions and/or directions, it is entitled to charge a fee for this in consultation with
Customer.
5.6. Customer acknowledges and agrees that NL ALUMINIUM, in the context of performing the
Agreement, may also be dependent on the services and/or goods of third parties. To the extent
permitted by mandatory law, NL ALUMINIUM is not liable for (the use of) the services and/or items of
third parties.
5.7. Time periods mentioned by NL ALUMINIUM regarding the performance of the Agreement and/or its
completion are always of an indicative nature. These periods are never strict periods. If a period is
exceeded, NL ALUMINIUM will only be in default if Customer sends a notice of default to
NLALUMINIUM, granting NL ALUMINIUM a reasonable period of time to comply.
5.8. NL ALUMINIUM is at all times entitled to engage one or more third parties for the (performance of
the) Agreement.
6. Delivery
6.1. NL ALUMINIUM makes commercially reasonable efforts to deliver the products to Customer in
accordance with the Agreement.
6.2. The place of delivery is the address that Customer has informed NL ALUMINIUM of before delivery.
The delivery costs are stated in the Offer. If Customer desires delivery to an address other than the
address initially communicated to NL ALUMINIUM, NL ALUMINIUM is entitled to charge Customer
additional costs for this.
6.3. NL ALUMINIUM makes commercially reasonable efforts to deliver the products to Customer within
the agreed delivery time.
6.4. All delivery periods are indicative. Customer cannot derive any rights from any delivery dates
mentioned. Exceeding a delivery period does not give the Customer the right to rescind the Agreement
and/or to claim damages.
6.5. If delivery of an ordered product turns out to be impossible, NL ALUMINIUM will make commercially
reasonable efforts to deliver a replacement product to the Customer.
6.6. NL ALUMINIUM and/or a third party engaged by it delivers the products on a suitable transport unit,
such as a package, a frame or a pallet.
6.7. If a product is delivered on a steel frame, the frame is and remains the property of NL ALUMINIUM
or of the third party engaged by it. It is the responsibility of Customer that this frame is in a place where
the carrier can take it back with a forklift. In addition, Customer is obliged to report the frame for return
within 14 (fourteen) days after delivery in the manner indicated by NL ALUMINIUM. If Customer fails to
report the frame for return on time, NL ALUMINIUM is entitled to charge Customer for costs – up to a
maximum of the frame value – without prejudice to the other legal and/or contractual rights of NL
ALUMINIUM.
6.8. In a delivery where only glass is delivered to Customer, this is delivered on a glass frame. This glass
frame is and remains the property of NL ALUMINIUM or a third party engaged by it. Customer is obliged
to report the glass frame within 30 (thirty) days after delivery for return in the manner indicated by NL
ALUMINIUM and/or the third party engaged by it. If Customer fails to report the glass frame for return
on time, NL ALUMINIUM is entitled to charge Customer rental costs amounting to € 50.00 per day, with
a maximum of the glass frame value, without prejudice to the other legal and/or contractual rights of NL
ALUMINIUM and/or the third party engaged by it.
6.9. The risk of loss, theft, embezzlement or damage of the delivered products passes to Customer at the
moment they are brought under the actual control of Customer or an assistant of Customer, or at the
moment the products are not accepted by Customer without legal reason. In the latter case, NL
ALUMINIUM can claim reasonable compensation for the costs of storage of the products.
7. Consumer's Right of Withdrawal on delivery of products
7.1. The Consumer may rescind a Distance Agreement for the delivery of a product within a Withdrawal
Period of fourteen (14) days without giving reasons. NL ALUMINIUM may ask the Consumer to state the
reason for rescission, but the Consumer is not obliged to do so.
7.2. The Withdrawal Period, as referred to in the previous paragraph, commences on the day after:
• the day on which the Consumer or a third party designated by the Consumer, who is not the carrier,
has received the product;
• the day on which the Consumer or a third party designated by the Consumer, who is not the carrier,
has received the last product if the Consumer has ordered multiple products that will be delivered
separately in the same order;
• the day on which the Consumer or a third party designated by the Consumer, who is not the carrier,
has received the last shipment or the last part if the delivery of a product consists of several
shipments or parts; or
• the day on which the Consumer or a third party designated by the Consumer and which is not the
carrier has received the first product for an agreement that involves the regular supply of products
during a certain period.
8. Consumer's Right of Withdrawal in the provision of services
8.1. The Consumer may rescind a Distance Agreement for the provision of a service up to fourteen (14)
days after the day on which the Distance Agreement was concluded, without giving reasons. NL
ALUMINIUM may ask the Consumer to state the reason for rescission, but the Consumer is not obliged
to do so.
9. Obligations of the Parties under the Right of Withdrawal
9.1. During the Withdrawal Period, the Consumer shall handle the product and its packaging with care.
The Consumer shall only unpack or use the product to the extent necessary to determine the nature,
characteristics and operation of the product. The starting point here is that the Consumer may only
handle and inspect the product as he would be allowed to do in a shop.
9.2. The costs of returning a product under the Right of Withdrawal will be borne by the Consumer.
9.3. If the Consumer makes use of the Right of Withdrawal, NL ALUMINIUM will reimburse all payments
received of the Consumer, including any delivery costs charged by NL ALUMINIUM for the returned
product. The delivery costs charged by NL ALUMINIUM will not be refunded to Consumer if the returned
product is part of an order with multiple products and not all products are returned. If Consumer has
chosen a more expensive method of delivery of the product than the cheapest standard delivery, then
NL ALUMINIUM is only obliged to reimburse the amount for the cheapest standard delivery.
9.4. NL ALUMINIUM uses for reimbursement the same means of payment that Consumer has used
during the initial transaction, unless Consumer agrees to the use of a different means of payment.
10. Exclusions of the Right of Withdrawal
10.1. Excluded from the Right of Withdrawal are Distance Agreements:
a) concerning products or services of which the price is linked to fluctuations on the financial market
over which NL ALUMINIUM has no influence and which can occur within the Withdrawal Period;
b) whereby the Consumer has specifically requested NL ALUMINIUM to visit him in order to carry out
urgent repairs or maintenance, with the exception of:
● additional services that were not specifically requested by the Consumer;
● the delivery of products other than those that are necessary to carry out the maintenance or repairs;
c) with regard to products that are manufactured according to specifications of Consumer, that are not
prefabricated and that are manufactured on the basis of an individual choice or decision of Consumer,
or that are clearly intended for a specific person;
d) with regard to products that after delivery by their nature are irrevocably mixed with other items;
e) with regard to products that after delivery have been assembled, installed or otherwise put into
operation by the Consumer, NL ALUMINIUM and/or a third party;
f) regarding products that are not suitable to be returned for reasons of health protection or hygiene
and of which the seal has been broken after delivery;
g) with regard to the provision of services, after performance of the agreement, if the performance has
started with the explicit prior consent of Consumer and Consumer has declared to waive his Right of
Withdrawal as soon as NL ALUMINIUM has fulfilled the agreement.
11. Returns
11.1. NL ALUMINIUM will not take back any products, unless a Consumer can appeal to his Right of
Withdrawal.
11.2. The provisions of this article do not affect any claims based on (manufacturer's) guarantees or non-
conformity.
11.3. Return shipments of products by or on behalf of Customer will only take place after prior written
consent of NL ALUMINIUM and stating a return number issued by NL ALUMINIUM. Customer is
responsible for carefully returning products. Any costs for packaging and/or return will be borne by
Customer. The risk of loss, theft, embezzlement or damage of the returned products is transferred to NL
ALUMINIUM at the moment that NL ALUMINIUM has confirmed receipt of the products in writing. Until
that moment the risk remains with Customer.
12. Payment and price
12.1. All prices quoted by NL ALUMINIUM are in euros and exclude turnover tax (VAT), unless explicitly
stated otherwise.
12.2. Unless otherwise agreed, Customer must pay the full purchase amount in advance into the bank
account of NL ALUMINIUM or in any other manner specified by NL ALUMINIUM.
12.3. The reference date for the level of wage costs, material prices and taxes etc. is the date of the
Offer.
12.4. The consequences of compliance with legal requirements and governmental decrees, which come
into force after the day on which NL ALUMINIUM has made the Offer, will be at the expense of the
Customer, unless it must be reasonably assumed that NL ALUMINIUM could have foreseen these
consequences on that day.
12.5. NL ALUMINIUM is not bound by printing and/or typesetting errors or obvious mistakes in the
Offer, including but not limited to prices. In such a case, NL ALUMINIUM is also not obliged to deliver the
product under the incorrect conditions.
12.6. Customer is responsible for the accuracy of the payment details provided by him to NL
ALUMINIUM. Customer will immediately report inaccuracies or inadequacies in the payment details
provided by him or mentioned by NL ALUMINIUM.
12.7. If Customer does not meet his payment obligation(s) in time, after NL ALUMINIUM or a third party
engaged by it has pointed out the late payment and Customer is granted a period of fourteen (14) days
to meet his payment obligations as yet, he is in default after the failure to pay within this 14-day period.
In that case, Customer shall owe the statutory interest on the amount owed and NL ALUMINIUM shall
be entitled to charge the extrajudicial collection costs to Customer. The extrajudicial collection costs will
be calculated in accordance with the Dutch “Staffel buitengerechtelijke incassokosten” (BIK, extrajudicial
collection costs).
12.8. In case of liquidation, (application of) suspension of payment or bankruptcy, debt restructuring or
any other circumstance as a result of which a Party can no longer freely dispose of its assets, The other
Party is entitled, without prejudice to its other contractual and/or statutory rights, to terminate the
Agreement with immediate effect, without any obligation resting on the terminating Party, such as the
obligation to pay compensation. In these cases, the claims of the terminating Party on the other Party
are immediately due and payable in full.
12.9. Changes or additions to an Agreement that has already been concluded will result in a change to
the agreed price, unless Parties agree otherwise in writing.
13. Conformity, inspection duty and warranty
13.1. The products will comply with the Agreement and the quality of the products will meet the (legal)
regulations and quality requirements as they apply to the products and/or materials concerned on the
date of the Offer.
13.2. NL ALUMINIUM is not responsible for the ultimate suitability of products for individual application
by Customer or any advice on the Website or the Offer from NL ALUMINIUM regarding the application
or use of products.
13.3. Products are covered by the (manufacturer's) warranty as stated on the Website of NL
ALUMINIUM or in the Offer of NL ALUMINIUM.
13.4. Customer must check the products upon receipt for visible defects and shortcomings. Customer
shall report any complaint in writing to NL ALUMINIUM immediately, but no later than 14 (fourteen)
days after delivery, unless mandatory law stipulates a longer period. After expiry of the aforementioned
term, the delivered goods are considered to have been irrevocably and unconditionally accepted by the
Customer. Unless mandatory law prescribes otherwise, infringements of the provisions of this article by
the Customer will result in the Customer's right to complain lapsing.
13.5. If Customer does not accept a product upon shipment, any storage charges and/or charges for a
new delivery shall be borne by Customer.
13.6. The possibility to complain expires if the products have been assembled, processed, repackaged or
if the original state of the goods has been changed in any other way.
13.7. If the products delivered do not comply with the Agreement, NL ALUMINIUM is only required to
replace or repair the products in question, at its discretion. If, in the opinion of NL ALUMINIUM,
replacement or repair cannot be expected or is impossible, NL ALUMINIUM will reduce the purchase
price in proportion to the defect in the delivered goods.
13.8. An appeal to the guarantee or non-conformity is excluded for defects such as, or resulting from:
a) defects which could have been discovered upon delivery;
b) weathering and/or normal wear and tear;
c) abnormal use, injudicious use or insufficient (timely) maintenance;
d) installation, assembly, modification, repair or additions by or on behalf of Customer;
e) unforeseen, temporary or permanent harmful influence(s) of the environment;
f) damage and/or defects caused during or after delivery by external influences;
g) paving and/or overgrowth that is too high;
h) fire, break-in, acts of war or atomic disasters.
13.9. By redelivery, replacement or repair of a product, the warranty period is not extended or renewed.
Even if the Customer complains in time, its obligation to pay and take delivery of orders made shall
continue to exist.
13.10. Any claim of Customer will in any case expire 2 (two) years after delivery of the product.
14. Liability
14.1. NL ALUMINIUM accepts no liability for damage resulting from the provision of the services and/or
the products or from an unlawful act or otherwise, nor for any acts or omissions of its employees and/or
of third parties brought in by it, to the extent that this is permitted under mandatory law.
14.2. If, notwithstanding the foregoing, NL ALUMINIUM is liable to Customer for damage on any grounds
whatsoever, then NL ALUMINIUM, to the extent permitted by mandatory law, is only liable for direct
damage suffered by Customer per event (a series of successive events is regarded as one event) up to
the invoice amount of the delivery to which the liability relates.
14.3. Direct damage is exclusively understood as:
a) material damage to goods;
b) reasonable costs incurred to prevent or limit direct damage, which could be expected as a result of
the event on which the liability is based; and
c) reasonable costs incurred to determine the cause of the damage.
14.4. Any liability of NL ALUMINIUM for indirect damage is excluded. Indirect damage is understood to
mean all damage that is not direct damage, as defined above, including in any case consequential
damage. Consequential damage is understood to include losses, missed savings, reduced goodwill,
damage due to business stagnation, damage as a result of claims by customers of Customer and costs
incurred to prevent or determine consequential damage.
14.5. The exclusions and limitations of liability included in this article will only lapse in the case of intent
and/or deliberate recklessness on the part of NL ALUMINIUM and/or its management.
14.6. Unless fulfilment of the agreement by NL ALUMINIUM is permanently impossible, the liability of NL
ALUMINIUM on account of attributable failing in the performance of the agreement only arises if
Customer sends NL ALUMINIUM a notice of default, whereby NL ALUMINIUM is granted a reasonable
period to remedy the failure, and NL ALUMINIUM still is attributable failing its obligations after this
period.
14.7. Any claim for compensation by Customer that has not been specifically and explicitly reported by
Customer, expires by the mere lapse of 24 (twenty-four) months after the claim arose. This does not
affect the Customer's obligation to complain.
14.8. Customer is responsible for the accuracy and completeness of the data that he provides to NL
ALUMINIUM. NL ALUMINIUM is never liable for damages suffered by Customer as a result of incorrect or
incomplete data provided by him.
14.9. Customer indemnifies NL ALUMINIUM against all claims of third parties in respect of products
delivered by NL ALUMINIUM, as a result of which those third parties may have suffered damage,
irrespective of the cause or moment at which that damage arose.
15. Force majeure
15.1. NL ALUMINIUM cannot be held to fulfil an obligation under the Agreement, nor is it liable to
Customer in the event of force majeure. Force majeure includes illness of employees and/or absence of
employees who are crucial for the delivery of services and/or products, interruptions in the supply of
electricity, strikes, riots, war, government measures, fire, natural disasters, floods, shortcomings of
suppliers of NL ALUMINIUM, shortcomings of third parties hired by NL ALUMINIUM, hardware failures,
failures in (telecommunication) networks, epidemics, pandemics, government measures and all other
external causes beyond the control of NL ALUMINIUM.
15.2. If the force majeure lasts for at least ninety (90) days, both NL ALUMINIUM and Customer will be
entitled to rescind the agreement without being obligated to pay compensation for any damage in
connection with this rescission.
16. Intellectual Property Rights
16.1. All Intellectual Property Rights on all products supplied and/or services rendered and/or works
developed or made available under the Agreement, such as designs, goods, services, know-how,
documentation, analyses, advice, files and/or information on which Intellectual Property Rights may
rest, rest with NL ALUMINIUM and/or its licensor(s).
16.2. Customer only is granted the rights of use and powers that he is entitled to by virtue of the
Agreement or the law. Unless explicitly agreed otherwise in writing, Customer only acquires a non-
exclusive, non-transferable and non-sublicensable right to use the works developed or made available
by NL ALUMINIUM for himself and only for the intended purpose of the Agreement.
16.3. If, in the context of the Agreement, Customer instructs NL ALUMINIUM to reproduce, duplicate
and/or publish a work protected by any Intellectual Property Right, then Customer guarantees that this
does not infringe any Intellectual Property Right of a third party. Customer indemnifies NL ALUMINIUM
against all claims, procedures, losses and/or direct and/or indirect damage and other third-party claims
based on or arising from the allegation that the assignment infringes on Intellectual Property Rights.
17. Retention of title and right of retention
17.1. NL ALUMINIUM remains the owner of goods, property rights and legal objects equivalent to them,
such as delivered products, as long as Customer:
a) fails to comply with his obligations under the Agreement;
b) fails to pay for performances provided or to be provided under the Agreement; or
c) does not meet claims arising from non-fulfilment of the Agreement, such as damage, interest and
costs.
17.2. As long as the ownership of the delivered goods has not been transferred to Customer, Customer
may not pledge these goods or grant a third party any other right thereto. Customer is allowed to sell
and actually deliver the products delivered under retention of title to third parties within the framework
of normal business operations.
17.3. After NL ALUMINIUM has invoked the retention of title, it may immediately retrieve the delivered
products on which the retention of title rests. Customer allows NL ALUMINIUM to enter the place(s)
where the delivered products are located.
17.4. If products have not yet been delivered by NL ALUMINIUM, but the agreed advance payment or
price has not been paid by Customer as agreed, NL ALUMINIUM has the right of retention. Products will
not be delivered until the Customer has paid in full and in accordance with the agreement.
18. Term and termination of the Agreement
18.1. If and insofar as the Agreement between Parties is a continuing performance agreement, the
Agreement is entered into for the term agreed in it, in the absence of which the term of 1 (one) year
applies.
18.2. The fixed-term agreement between NL ALUMINIUM and Consumer is, after the end of this term,
tacitly converted into an agreement for an indefinite period, unless NL ALUMINIUM or Consumer
terminates the agreement in writing with due observance of a notice period of 1 (one) month before the
end of the period concerned.
18.3. The fixed-term agreement between NL ALUMINIUM and Business Customer is tacitly extended by
the same period after the end of this fixed term, unless NL ALUMINIUM or the Business Customer,
terminates the agreement in writing with due observance of a notice period of 1 (one) month before the
end of the period concerned.
18.4. Parties may terminate the agreement which is concluded for an indefinite period at any time with
due observance of a notice period of 1 (one) month.
18.5. Each Party is authorized to rescind the Agreement as a result of a failure in the fulfilment of the
Agreement of the other Party, if that other Party continues to fail in the fulfilment of the Agreement,
even after proper notice of default and the expiry of the reasonable periods given therein.
18.6. The performances already carried out by NL ALUMINIUM prior to the rescission and the related
payment obligation(s) of Customer will not be subject to cancellation in the event of rescission.
18.7. Amounts invoiced by NL ALUMINIUM before the termination of the Agreement in connection with
what it has already performed or delivered in performance of the Agreement will remain due and
payable immediately at the time of termination of the Agreement.
18.8. All provisions of the Agreement and these General Terms and Conditions that are intended to
survive the termination of the Agreement shall remain in force after such termination. These provisions
include (but are not limited to) the provisions regarding the exclusions and limitations of NL
ALUMINIUM's liability, the Intellectual Property Rights, the governing law, the competent court and this
provision.
19. Complaints
19.1. The Customer must report any complaints via the email address indicated on the Website.
19.2. Complaints about the implementation of the Agreement must be reported to NL ALUMINIUM
within a reasonable time after the complaint arose. Customer must describe the complaint fully and
clearly and report it to NL ALUMINIUM.
19.3. NL ALUMINIUM will deal with complaints within a reasonable period of time and will make
commercially reasonable efforts to do so within a period of 14 (fourteen) days. This period commences
on the date of receipt of the complaint by NL ALUMINIUM. If the handling of a complaint is expected to
take longer, NL ALUMINIUM will make commercially reasonable efforts to inform Customer of this and
also to state an indicative timeframe for handling the complaint.
19.4. In any case, Customer must give NL ALUMINIUM 4 (four) weeks to resolve the complaint in mutual
consultation. If the complaint cannot be solved within 4 (four) weeks, then the Customer is free to start
a dispute procedure in accordance with the following article.
20. Governing law and disputes
20.1. The Agreement, the Offer, the General Terms and Conditions and all legal acts and disputes
resulting therefrom are exclusively governed by the laws of the Netherlands.
20.2. The applicability of the Vienna Sales Convention is excluded.
20.3. The competent court of the District Court of Amsterdam has exclusive jurisdiction to hear and
decide any disputes between the Parties, unless mandatory law prescribes otherwise.
21. Miscellaneous
21.1. In these General Terms and Conditions, the term 'in writing' also includes communication by email,
provided that the identity of the sender and the integrity of the content of the communication have
been sufficiently established.
21.2. NL ALUMINIUM is at all times entitled to amend and/or supplement these General Terms and
Conditions. The most recent General Terms and Conditions will be available on the Website or will be
brought to the attention of the Customer during the performance of the Agreement. If the change in the
General Terms and Conditions results in the performance to be provided by NL ALUMINIUM deviating
substantially from the performance promised by NL ALUMINIUM, then the Consumer has the right to
rescind the Agreement.
21.3. NL ALUMINIUM is entitled to transfer its rights and/or obligations arising from the Agreement to
third parties, on the understanding that Consumer then has the authority to rescind the Agreement.
Customer is not entitled to transfer the rights and/or obligations arising from the Agreement to a third
party.
21.4. Neither the General Terms and Conditions, nor the Agreement, nor any other agreement between
Parties shall lead to any form of employment relationship, partnership or any other legal relationship
between Parties.