General Terms and Conditions of Delivery and Payment for Consumers

This translation is provided as a courtesy translation. In the event of any discrepancies, the Dutch text shall be binding (see Article 19).

of the private limited liability company 0.0MG, trade name of Previtality Retail B.V., registered in the commercial register of the Dutch Chamber of Commerce (KvK) under number 84687711. Wherever 0.0MG is written, Previtality Retail B.V. may also be read, and vice versa.

Article 1: Definitions

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

1. 1.1.Offer: any non-binding offer from 0.0MG to the Consumer, in whatever form, expressly including any offer on its website, webshop, newsletter, email and/or otherwise;
2. 1.2.General Terms and Conditions: the present general terms and conditions of delivery of 0.0MG;
3. 1.3.Reflection Period: the period within which the Consumer may exercise his Right of Withdrawal, in accordance with Article 5 of these General Terms and Conditions;
4. 1.4.Continuing Performance Agreement(s): a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. 1.5.Right of Withdrawal: the Consumer’s option to withdraw from the Distance Contract within the Reflection Period;
6. 1.6.Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or professional activity and who has entered into an Agreement with 0.0MG or intends to enter into an Agreement with 0.0MG;
7. 1.7.Model Form: the European model withdrawal form included in Annex I to these General Terms and Conditions;
8. 1.8.Order(s): all (placed) orders, requests for quotations, requests for information, (contract) proposals and (quotation) confirmations from the Consumer to 0.0MG, in whatever form;
9. 1.9.Agreement: any agreement concluded between 0.0MG and the Consumer – expressly including a Distance Contract and/or a Continuing Performance Agreement – as well as any amendment thereof or addition thereto, and all (legal) acts in preparation for and in performance of that agreement;
10. 1.10.Distance Contract: an agreement that is or will be concluded between the Parties within the framework of an organised system for the distance sale of products and/or services, whereby, up to and including the conclusion of the agreement, exclusive use is made of one or more Techniques for Distance Communication;
11. 1.11.Parties: 0.0MG and the Consumer jointly;
12. 1.12.0.0MG, trade name of Previtality Retail B.V., the private limited liability company, the entities affiliated with Previtality Retail B.V. and/or the third parties (if any) to be designated or designated by Previtality Retail B.V.;
13. 1.13.Technique(s) for Distance Communication: a means that can be used for concluding a Distance Contract without the Consumer and 0.0MG being physically present in the same room at the same time.

Article 2: Application of the General Terms and Conditions

1. 2.1.These General Terms and Conditions apply to every Offer from 0.0MG, to all Orders from the Consumer, to every Agreement between the Parties and to all other legal relationships, negotiations and arrangements between the Parties.
2. 2.2.Deviations from these General Terms and Conditions are possible only by written agreement, provided 0.0MG is represented therein by an officer authorised to do so under the articles of association of Previtality Retail B.V., or by another authorised person designated by 0.0MG. Such a deviation has no binding effect on other/subsequent Agreements between the Parties.
3. 2.3.In the case of a Continuing Performance Agreement, the Consumer agrees to the applicability of these General Terms and Conditions for the entire term of that Continuing Performance Agreement and to every Offer and/or every Order relating thereto or arising therefrom. The Consumer agrees that in that case these General Terms and Conditions need only be provided once.
4. 2.4.The applicability of any general terms and conditions of the Consumer is expressly excluded, unless expressly agreed otherwise in writing by the Parties.
5. 2.5.If, in addition to these General Terms and Conditions, specific product and/or service conditions also apply, a copy thereof will where possible be provided to the Consumer (electronically). If the foregoing is not possible, 0.0MG will inform the Consumer thereof, stating where the Consumer can nevertheless consult these conditions. In the event of conflicting provisions between those conditions and the General Terms and Conditions, the Consumer may always rely on the applicable provision that is most favourable to him.
6. 2.6.If one or more provisions of these General Terms and Conditions are void or are annulled, the remaining provisions of these General Terms and Conditions will remain fully applicable.
7. 2.7.0.0MG reserves the right to unilaterally amend these General Terms and Conditions in the interim. The amended version applies as soon as 0.0MG has sent a copy of those amended General Terms and Conditions by email and/or by post to the email address and/or postal address of the Consumer known to it. The most recent version of the General Terms and Conditions always applies to Agreements and all other legal relationships that come into being thereafter.

Article 3: Offer and Order

1. 3.1.Every Offer of the Consumer – in whatever form – is non-binding, unless expressly agreed otherwise in writing by the Parties. 0.0MG is therefore entitled to (unilaterally) change, adjust and withdraw an Offer.
2. 3.2.Every Offer contains a complete description of the products and/or services offered. The Consumer is deemed to be able to make a proper assessment of the Offer on the basis of this description. Obvious mistakes or obvious errors in an Offer do not bind 0.0MG.
3. 3.3.Orders from the Consumer must at least be accompanied by a clear and accurate description of the products/services (and the quantity thereof) desired by the Consumer.
4. 3.4.All images, drawings, samples, weight indications, dimensions, specifications or other (product) information provided in the Offer are indicative, apply approximately and cannot give rise to compensation or dissolution of the Agreement. Moreover, 0.0MG cannot guarantee that the colours displayed and/or the flavour description correspond exactly to the actual colours and/or flavour of the products.

Article 4: Agreement

1. 4.1.An Agreement is concluded as soon as an Offer accepted by the Consumer has been confirmed in writing (by email) by 0.0MG, or as soon as 0.0MG has accepted an Order in writing (by email). An Agreement is in any event concluded when 0.0MG performs an act of performance in furtherance of the order and the Consumer does not object to this on the same day.
2. 4.2.If the Consumer has accepted the Offer electronically, 0.0MG must confirm receipt of the acceptance of the Offer electronically without delay. As long as 0.0MG has not confirmed the acceptance of the Offer, the Consumer may dissolve the Agreement.
3. 4.3.0.0MG may – within statutory frameworks – inform itself as to whether the Consumer can meet his payment obligations, as well as of all those facts and factors that are relevant to a responsible conclusion of an Agreement. If, on the basis of this investigation, 0.0MG has good grounds not to enter into the Agreement, it is entitled to refuse an Order or a request for an Offer, stating its reasons, or to attach special conditions to its performance.
4. 4.4.Every Agreement is entered into subject to the suspensive condition of sufficient availability of the products concerned.
5. 4.5.0.0MG is authorised – entirely at its own discretion – to engage third parties in the performance of the Agreement.

Article 5: Right of Withdrawal

For the distance purchase of products:

1. 5.1.Distance Contracts relating to the purchase and/or delivery of products may be dissolved by the Consumer without giving reasons within a Reflection Period of fourteen (14) days after the day on which the products were delivered and received by or on behalf of the Consumer. 0.0MG may ask the Consumer for the reason for withdrawal, but the Consumer is not obliged to state his reason(s).
2. 5.2.If the Consumer wishes to exercise his Right of Withdrawal, he must do so within the Reflection Period referred to in Article 5.1 by using the Model Form, or he must make this known to 0.0MG in another unambiguous manner.
3. 5.3.If the Consumer has exercised his Right of Withdrawal in time, the Consumer must have returned the product concerned to 0.0MG within fourteen (14) days from the day following the day on which the Consumer notified 0.0MG of the withdrawal.
4. 5.4.The product must be returned by the Consumer to 0.0MG in accordance with the instructions given by 0.0MG, with all accessories supplied, (if reasonably possible) in its original condition and packaging, unused and undamaged, in accordance with the reasonable and clear instructions provided by 0.0MG. The risk and costs of the return shipment are in principle borne by the Consumer, unless expressly agreed otherwise in writing.
5. 5.5.During the Reflection Period, the Consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle is that the Consumer may only handle and inspect the product as he would be permitted to do in a shop. If the Consumer has not handled the product in accordance with the foregoing, the Consumer is liable for any diminution in the value of the product resulting therefrom.

For the distance provision of services:

1. 5.6.Distance Contracts relating to the provision of services may be dissolved by the Consumer without giving reasons within a Reflection Period of fourteen (14) days after the day on which the Distance Contract was concluded.
2. 5.7.If the Consumer wishes to exercise his Right of Withdrawal, he must do so within the Reflection Period referred to in Article 5.6 by using the Model Form, or he must make this known to 0.0MG in another unambiguous manner.
3. 5.8.The Parties may agree that the performance of the services will already commence during the Reflection Period. If the Parties have agreed that the performance of the services will commence during the Reflection Period and the Consumer exercises his Right of Withdrawal, the Consumer owes 0.0MG an amount proportionate to that part of the obligation that has already been performed by 0.0MG at the time of the withdrawal.

Lapse or exclusion of the Right of Withdrawal and cancellation costs:

1. 5.9.If the Consumer has not made known within the Reflection Period that he wishes to exercise his Right of Withdrawal, or has not returned the product to 0.0MG within the period referred to in Article 5.3, the Consumer’s right to terminate the Distance Contract lapses.
2. 5.10.Termination of the Distance Contract outside the Reflection Period, or termination of an Agreement that is not a Distance Contract, is not permitted, unless 0.0MG expressly agrees to such termination in writing. In such a case, 0.0MG is entitled to charge the Consumer cancellation costs. The cancellation costs comprise reasonable compensation for the loss suffered and profit foregone by 0.0MG. The cancellation costs amount to at least a compensation of 15 % - 30 % of the total invoice amount (incl. VAT), unless otherwise agreed or to be agreed in writing.
3. 5.11.Distance Contracts relating to the following products fall outside the Reflection Period and the Right of Withdrawal, cannot be terminated and are therefore final, unless otherwise agreed or to be agreed in writing:
   1. Showroom purchases;
   2. Custom-made products that are specially made or adapted for the Consumer;
   3. Products that spoil quickly or have a limited shelf life; and
   4. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.

Reimbursement:

1. 5.12.If the Consumer has exercised his Right of Withdrawal in time and correctly, 0.0MG will reimburse the payments already made by the Consumer, including any delivery costs charged to the Consumer for the returned product for deliveries within the Netherlands, no later than within fourteen (14) days from the day following the day on which the Consumer notified 0.0MG of the withdrawal, from which 0.0MG will deduct the payments owed by the Consumer pursuant to Articles 5.5, 5.8 and/or 5.10. 0.0MG is entitled to suspend the reimbursement pursuant to this article until the products have been returned to it in accordance with the provisions of Article 5.3, or until the Consumer has demonstrated that the products have been returned to 0.0MG in accordance with the provisions of Article 5.3.
2. 5.13.The risk and the burden of proof for the correct and timely exercise of the Right of Withdrawal lie with the Consumer.
3. 5.14.If the Consumer has received several products in one order and the Consumer exercises his Right of Withdrawal in respect of only one or a portion of these products, 0.0MG is not obliged to reimburse the delivery costs to the Consumer.

Article 6: Prices

1. 6.1.Prices are charged in accordance with the rates agreed by the Parties or, in the absence thereof, on the basis of the rates customarily applied by 0.0MG at the time of delivery.
2. 6.2.All prices quoted by 0.0MG, or agreed or applied between 0.0MG and the Consumer, are in euros and exclusive of turnover tax, delivery costs, insurance, import duties, levies and other government-imposed taxes, unless expressly agreed otherwise in writing.
3. 6.3.Price quotations are always based on the price-determining factors applicable at the time of the first price quotation. 0.0MG is entitled to pass on to the Consumer price increases in cost-determining factors — including in any case, but not limited to, laws and regulations, wages and social security charges, taxes, price changes at third parties or suppliers engaged by 0.0MG, or changes in the prices of the required materials, raw materials and fuels, manufacturing, transport, import or export duties, licence costs, currency fluctuations and exchange rates, dumping and processing rates and the like, this at 0.0MG’s discretion — that have arisen after the conclusion of the Agreement but before the delivery of the products and/or services. If 0.0MG does so within three (3) months after the conclusion of the agreement, the Consumer has the right to dissolve the Agreement in writing, which right the Consumer must exercise within fourteen (14) days after notification of the price increase. Dissolution of the Agreement in this manner does not entitle either Party to compensation. If the other party has not informed 0.0MG within 14 days after notification of the price change that it wishes to exercise its right of dissolution, the Consumer may be deemed not to dissolve and to have agreed to the price change.

Article 7: Payment

1. 7.1.0.0MG has the right to invoice the amounts owed by the Consumer periodically, in arrears or by way of (partial) advance payment.
2. 7.2.In the case of delivery in instalments, each delivery is regarded as a separate transaction and may be invoiced by 0.0MG per transaction.
3. 7.3.Unless otherwise provided in the Agreement, payment must be made in advance by means of iDeal, another payment method offered by 0.0MG or – if 0.0MG expressly offers this – within fourteen (14) days after the invoice date by transfer to a bank account to be designated by 0.0MG. If the Consumer has not paid within the aforementioned period, the Consumer is in default by operation of law without further notice of default being required. From that moment, 0.0MG is entitled to compensation of the statutory interest. This interest is due from the day on which payment should at the latest have been made.
4. 7.4.If the Consumer is in default or fails to (timely) fulfil his obligations, all reasonable costs incurred in obtaining payment out of court are for his account. In any event, in the case of a monetary claim, the Consumer owes collection costs. The collection costs amount to a rate in accordance with the Dutch Extrajudicial Collection Costs (Standards) Act (Wet Normering Buitengerechtelijke Incassokosten), with a minimum of € 40 (excluding VAT). Any reasonable judicial and enforcement costs incurred are likewise for the account of the Consumer.
5. 7.5.Payments made by the Consumer always serve first to settle all interest and costs due, and secondly to settle the payable invoices that have been outstanding the longest, even if the Consumer states that the payment relates to a later invoice.
6. 7.6.0.0MG is at all times entitled to require security (including security in rem) from the Consumer for the fulfilment of the obligations arising for the Consumer from the Agreement.
7. 7.7.The entire claim for payment is immediately due and payable if:
   1. a payment term has been exceeded;
   2. the Consumer has applied for bankruptcy, suspension of payments or debt restructuring, has been declared bankrupt, is in suspension of payments or has been admitted to debt restructuring;
   3. the Consumer is placed under guardianship or administration or dies;
   4. attachment has been levied on goods or claims of the Consumer.

Article 8: Delivery and risk

1. 8.1.Unless otherwise provided in the Agreement, delivery of products by 0.0MG or third parties engaged by it takes place “ex warehouse” (ex works) of 0.0MG, or at a location to be designated by 0.0MG. For the interpretation of the delivery conditions, reference is made to the most recently published version of the Incoterms at the time of the conclusion of the Agreement.
2. 8.2.If no delivery period is included in the Agreement, 0.0MG will deliver the products, within the Netherlands, no later than within thirty (30) days after the delivery period has commenced. The stated delivery period commences as soon as an Agreement has been concluded between 0.0MG and the Consumer, 0.0MG has all the data, materials and documents necessary for the delivery of the products, any agreed (advance) payment has been made to 0.0MG, and any other conditions agreed in writing between the Parties have been fulfilled.
3. 8.3.Stated periods within which the products must be delivered are determined by 0.0MG approximately and can never be regarded as a strict deadline, unless the Parties have expressly agreed otherwise in writing.
4. 8.4.If the period within which the products are to be delivered is expressed in working days, a working day means a calendar day, unless it falls on a generally recognised rest day or public holiday, or one recognised at the place of the work, or a rest day or public holiday prescribed by the government or by or pursuant to a collective labour agreement, a weekend day, a holiday or other non-individual day off. If delivery of the products would have to take place on a day that is not a working day, the next working day is deemed the agreed day of delivery.
5. 8.5.If 0.0MG cannot deliver the products within the set period as a result of force majeure or circumstances for the account of the Consumer, 0.0MG is entitled to an extension of the period within which the products were to be delivered, of such duration as reasonably follows from that force majeure or the circumstance for the account of the Consumer.
6. 8.6.If 0.0MG has informed the Consumer, whether or not in writing, that the products are ready for delivery from a certain date, and the products are not taken delivery of by the Consumer within fourteen (14) days after this notification, the Consumer is in default from that moment without further notice of default being required. From the moment the Consumer is in default, the risk in respect of the products passes from 0.0MG to the Consumer, and 0.0MG is then entitled to store the products, or have them stored, at the expense and risk of the Consumer.
7. 8.7.In the event of non-delivery or late delivery of products by 0.0MG, the Consumer is expressly not permitted to dissolve the Agreement, suspend its obligations and/or claim compensation until after it has given 0.0MG written notice of default, whereby the Consumer grants 0.0MG a reasonable period for performance.

Article 9: Continuing Performance Agreements

1. 9.1.The Consumer may at any time terminate a Continuing Performance Agreement that has been entered into for an indefinite period and that extends to the regular delivery of products or services, subject to the termination rules agreed for that purpose and a notice period of no more than one month.
2. 9.2.The Consumer may at any time terminate a Continuing Performance Agreement that has been entered into for a definite period and that extends to the regular delivery of products or services, effective at the end of the definite period, subject to the termination rules agreed for that purpose and a notice period of no more than one month.
3. 9.3.If a Continuing Performance Agreement has a duration of more than one year, the Consumer may terminate the Continuing Performance Agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 10: Warranty

1. 10.1.Unless otherwise agreed between 0.0MG and the Consumer, the delivered products and works are covered by the statutory warranty to which the Consumer is entitled, namely that the delivered products and works must possess the properties that the Consumer may expect under the Agreement in normal use (conformity). If the delivered product was produced by a third party, the warranty is in principle limited to the duration of the (factory) warranty provided by the producer or manufacturer of the product. In all other cases, 0.0MG guarantees the proper functioning of the delivered products and works for the shelf life stated on the product, and in the absence thereof for a period of twelve (12) months after delivery/completion.
2. 10.2.However, no warranty accrues to the Consumer if he has expressly declared in writing that he waives the warranty.
3. 10.3.If the Consumer has found a defect in the delivered products, he must apply to 0.0MG for its remedy. 0.0MG has the right to remedy the defect in the delivered products, at its option, by full replacement of the delivered product, repair of the delivered product or refund of the price. In that context, 0.0MG is entitled to require return of the products. The products must be returned in the original packaging and – where possible – in as-new condition.
4. 10.4.If 0.0MG repairs and/or replaces the delivered product or a part thereof in whole or in part, no new warranty period starts to run in respect of this product or part, so that the original warranty period continues to run to the extent and if it has not yet expired.
5. 10.5.0.0MG is not responsible for the ultimate suitability of the products or works for each individual application by the Consumer, nor for any advice regarding the use or application of the products or works.
6. 10.6.In the following cases, 0.0MG is not liable for defects and has no warranty obligations:
   1. if the Consumer has not reported the defect to 0.0MG within a reasonable period in accordance with the provisions of Article 11.2;
   2. if 0.0MG has not been given the opportunity by the Consumer to remedy the defects;
   3. if no valid warranty certificate or original proof of purchase can be provided;
   4. if work, modifications and/or repairs have been carried out on the delivered product without the express written consent of 0.0MG;
   5. if the defects in the product are the result of use of the product other than in accordance with the guidelines and specifications provided, or other than in accordance with the purpose for which the product is intended;
   6. if the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly;
   7. if defects in the delivered products are the result of any injudicious use or shortcoming on the part of the Consumer;
   8. if the defects are the result of normal wear and tear;
   9. if defects in the delivered products are the result of compliance with any government regulation.

Article 11: Complaints

1. 11.1.The Consumer is obliged to inspect the products and works immediately upon receipt. Any visible defects, errors, imperfections and/or deficiencies must be reported to 0.0MG immediately, and in any event no later than within forty-eight (48) hours after receipt of the products, in writing and with a precise description of the defect, on penalty of forfeiture of rights. In the absence of such a report, the products are deemed to have been received in good condition.
2. 11.2.Other defects must be reported to 0.0MG in writing and with a precise description of the defect within a reasonable time after they have been discovered or reasonably should have been discovered, namely within a period of two (2) months after the defect has been discovered or reasonably should have been discovered.
3. 11.3.If the above complaints have not been made known to 0.0MG within the periods referred to therein, the products are deemed to have been received in good condition.
4. 11.4.Complaints about invoices must likewise be submitted in writing, within fourteen (14) days after the invoice date. After that period has expired, the Consumer is deemed to have approved the invoice and the relevant invoice amount is due.
5. 11.5.Submitting a complaint does not suspend the Consumer’s (payment) obligations.
6. 11.6.0.0MG must be given the opportunity to investigate the complaint. In the case of unjustified complaints, 0.0MG is free to charge the costs of investigation and return to the Consumer. The transport risk is always borne by the Consumer.
7. 11.7.In the case of justified complaints, 0.0MG will, at its option, proceed to one of the remedies referred to in Article 10.3 of these General Terms and Conditions.

Article 12: Packaging

1. 12.1.Packaging of the products takes place in a manner customary within the industry, in the opinion of 0.0MG. 0.0MG determines the manner in which the products will be packaged, unless the Parties have agreed otherwise in writing.

Article 13: Retention of title

1. 13.1.0.0MG retains title to all products and works delivered and to be delivered to the Consumer under the Agreement until the moment at which the Consumer has fulfilled all his obligations towards 0.0MG on whatever ground. The Consumer’s obligations expressly include, but are not limited to, payment of the purchase price of the delivered and yet-to-be-delivered products and works, increased by claims for attributable failure of the Consumer to fulfil his obligations, including payment of compensation, (extra)judicial collection costs and any statutory interest.
2. 13.2.If third parties levy attachment on the products delivered under retention of title by 0.0MG, or wish to establish or enforce rights thereto, the Consumer is obliged to inform 0.0MG thereof without delay.
3. 13.3.The Consumer is obliged to store the products delivered under retention of title with due care and as recognisably the property of 0.0MG, and to adequately insure them and keep them insured against fire, theft, embezzlement and damage.

Article 14: Force majeure

1. 14.1.0.0MG is not liable for a (partial) failure in the fulfilment of its obligations and cannot be held to fulfil its obligations if, as a result of force majeure, 0.0MG is unable and/or cannot reasonably be expected to fulfil all or part of its (purchase) obligations under the Agreement.
2. 14.2.0.0MG is entitled to suspend the performance of its (purchase) obligations for the duration of a force majeure situation. If 0.0MG has suspended its obligations in whole or in part as a result of force majeure for longer than two (2) weeks, or is permanently prevented from performing the Agreement, 0.0MG is entitled to terminate the Agreement in whole or in part with immediate effect, without any obligation to pay compensation arising for 0.0MG as a result.
3. 14.3.0.0MG is also entitled to invoke force majeure if the circumstance preventing (further) performance occurred after 0.0MG should have fulfilled its obligation.
4. 14.4.Force majeure on the part of 0.0MG means circumstances that are not reasonably attributable to the fault of 0.0MG and that should not reasonably be for its account. This includes in any case, but not exclusively: war (or the threat thereof), epidemic, pandemic, (terrorist) attacks, revolutions, insurrection and/or civil unrest, riots, government measures, exceptional weather conditions, an exceptional insect plague, illness of 0.0MG’s personnel, strikes at 0.0MG, fire at 0.0MG, liquidity or solvency problems at 0.0MG, a failure in performance by, non-performance by and/or force majeure on the part of the (natural or legal) persons on whom 0.0MG depends in any way for the performance of the Agreement, unforeseeable stagnation at suppliers or other third parties on whom 0.0MG depends, and general transport problems at 0.0MG or third parties engaged by it.

Article 15: Liability and indemnification

1. 15.1.0.0MG is not liable towards the Consumer for any damage other than the direct damage resulting from an attributable failure in the fulfilment of 0.0MG’s obligations under the Agreement, unlawful conduct, a warranty obligation in accordance with the provisions of Article 10 of these General Terms and Conditions, or other damage for which 0.0MG is liable pursuant to mandatory law. Direct damage means exclusively (i) damage to property, (ii) the reasonable costs of establishing the cause and extent of the damage, insofar as the establishment relates to the direct damage as referred to in this article, (iii) any reasonable and demonstrable costs incurred to have 0.0MG’s defective performance conform to the Agreement, insofar as these can be attributed to 0.0MG, and (iv) the reasonable and demonstrable costs incurred by the Consumer to prevent or limit the direct damage, insofar as the Consumer demonstrates that these costs have led to a limitation of the direct damage as referred to in this article.
2. 15.2.0.0MG is never liable for damage caused:
   1. by any circumstance listed in Article 10.6;
   2. by improper use of the delivered products or by their use for a purpose other than that for which they are suitable by objective standards;
   3. because 0.0MG relied on incorrect or incomplete information provided by or on behalf of the Consumer;
   4. by third parties engaged in the performance of the Agreement at the request or with the consent of the Consumer;
   5. by misunderstandings, mutilations, delays or improper transmission of orders and communications as a result of the use of the internet or any other (electronic) means of communication.
3. 15.3.The liability of 0.0MG is at all times limited to:
   1. the direct damage. 0.0MG is never obliged to compensate indirect damage. Indirect damage means all damage that is not direct damage, including in any case, but not exclusively, consequential damage, business interruption damage, loss of income or opportunities, loss of profit or losses suffered, damage due to delay and/or personal injury;
   2. at most the amount paid out by 0.0MG’s insurer in the case concerned;
   3. where 0.0MG’s insurer does not pay out (in full), at most once the invoice value, or in any event that part of the order to which the liability relates.
4. 15.4.The Consumer indemnifies 0.0MG against all claims of third parties, including the costs of legal assistance, that are connected with the (improper) use of the delivered products and works or otherwise arise from the Agreement.
5. 15.5.The limitations of liability included in this article do not apply if the damage is due to intent or deliberate recklessness on the part of 0.0MG or its managerial subordinates, or if provisions of mandatory law concerning (product) liability provide otherwise.

Article 16: Intellectual property rights

1. 16.1.Unless expressly agreed otherwise in writing, the intellectual and industrial property rights relating to the products and works delivered by 0.0MG, such as copyrights, trademark rights, design rights, patent rights, sui generis database rights, etc., are vested exclusively in 0.0MG and/or its supplier(s).
2. 16.2.Word marks, figurative marks, slogans, drawings, designs, calculations, examples, samples, colours, sounds, styling and specifications of weight, dimensions and prices produced by or on behalf of 0.0MG remain the property of 0.0MG. They may not be handed over or shown to third parties with the aim of obtaining a comparable Offer. Nor may they be copied or otherwise reproduced. If no order is placed, these documents will be returned to 0.0MG at the Consumer’s expense within fourteen (14) days after a request to that effect made by 0.0MG. Furthermore, the copyright and all other intellectual or industrial property rights of 0.0MG apply in full.
3. 16.3.The Consumer undertakes to take sufficient measures to ensure confidentiality with regard to information from 0.0MG of a confidential nature, or of which the Consumer knows or can reasonably know that it must be treated confidentially, of which it becomes aware in the conclusion and performance of the Agreement.

Article 17: Suspension and dissolution

1. 17.1.0.0MG is entitled, without further notice of default being required and without being obliged to pay any compensation, to dissolve the Agreement in whole or in part or to suspend the fulfilment of its obligations in whole or in part if:
   1. the Consumer fails to fulfil his obligations under the Agreement, or fails to do so on time or in full;
   2. 0.0MG has good reason to fear that the Consumer will not fulfil his obligations, or will not do so on time or in full;
   3. the Consumer has applied for bankruptcy, suspension of payments or debt restructuring, or has been declared bankrupt, suspension of payments has been pronounced or he has been admitted to debt restructuring;
   4. attachment has been levied on goods or claims of the Consumer;
   5. the Consumer is placed under guardianship or dies;
   6. 0.0MG asked the Consumer, upon conclusion of the Agreement, to provide security for performance and this security is not provided or is insufficient.
2. 17.2.If the Agreement is dissolved, 0.0MG’s claims against the Consumer are immediately due and payable.

Article 18: Applicable law and competent court

1. 18.1.Every Agreement between 0.0MG and the Consumer is governed by Dutch law. This also applies if the Consumer resides abroad.
2. 18.2.Any dispute between 0.0MG and the Consumer will be settled by the court that has jurisdiction by law to hear the dispute in question, unless the Parties jointly agree to submit the dispute to another court.
3. 18.3.The applicability of the United Nations Convention on Contracts for the International Sale of Goods ("CISG") is expressly excluded.

Article 19: Language

1. 19.1.These General Terms and Conditions were originally drawn up in the Dutch language and have been translated into various languages. In the event of inconsistencies between the Dutch text and a translated version, the Dutch text will always be decisive and binding.