GENERAL TERMS AND CONDITIONS Cloudex Mods
Online Store Terms
You agree to this when purchasing this product: “I am purchasing a virtual item with my own money, so I will not send any unauthorized transactions, disputes, complaints or anything related. I received my virtual item, so I am not not eligible to collect my money sent on purchase.
- Cloudex Mods : Cloudex Mods, established in – Chamber of Commerce no. – .
- Customer: the party which Cloudex Mods has entered into an agreement with.
- Parties: Cloudex Mods and customer together.
- Consumer: a customer who is an individual acting for private purposes.
- These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on
behalf of Cloudex Mods.
- Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
- The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third
- All prices used by Cloudex Mods are in euros, are VAT and exclusive of any other costs such as administration costs, levies and travel-,
shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
- Cloudex Mods is entitled to adjust all prices for its products or services, shown in its shop on its website or otherwise, at any time.
- The price with regard to services is determined by Cloudex Mods on the basis of the actual working hours.
- The price is calculated according to the usual hourly rates of Cloudex Mods , valid for the period in which he carries out the work, unless
a different hourly rate has been agreed.
- If the parties have agreed on a total amount for a service provided by Cloudex Mods, this is always a target price, unless the parties have
explicitly agreed upon in writing on a fixed price, which cannot be deviated from
- Cloudex Mods is entitled to deviate up to 10% of the target price.
- If the target price exceeds 10%, Cloudex Mods must let the customer know in due time why a higher price is justified.
- If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.
- Cloudex Mods has the right to adjust prices annually.
- Cloudex Mods will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
- The consumer has the right to terminate the contract with Cloudex Mods if he does not agree with the price increase.
Consequences of late payment
- If the customer does not pay within the agreed CloudexMods is entitled to charge from the day the customer is in
default whereby a part of a month is counted for a whole month.
- When the customer is in default: he is also due to extrajudicial collection costs and may be obliged to pay any compensation to
- The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
- If the customer does not pay on time: CloudexMods may suspend its obligations until the customer has met his payment obligation.
- In the event of liquidation, bankruptcy, attachment or suspension ofpaymenton behalf of the customer: the claims of CloudexMods on
the customer are immediately due and payable.
- If the customer refuses to cooperate v,with the performance of the agreement by CloudexMods he is still obliged to pay the agreed price
to Cloudex Mods .
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement
The customer waives his right to settle any debt to Cloudex Mods v,’ith any claim on Cloudex Mods
- The customer undertakes to insure and keep insured the following items adequately against fire: explosion and water damage as well
- goods delivered that are necessary for the execution of the underlying agreement
- goods being property of CloudexMods that are present at the premises of the customer
- goods that have been delivered under retention of title
- At the first request of Cloudex Mods the customer provides the policy for these insurances for inspection.
When parties have entered into an agreement with services included, these services only contain best-effort obligations for
Cloudex Mods not obligations of results.
Performance of the agreement
- Cloudex Mods executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good
- Cloudex Mods has the right to have the agreed services (partially) performed by third parties.
- The execution ofthe agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance
by the customer.
- It is the responsibility ofthe customer that Cloudex Mods can start the implementation of the agreement on time.
S. Ifthe customer has not ensured that Cloudex Mods can start the implementation ofthe agreement in time: the resulting additional costs
and/or extra hours will be charged to the customer.
Duty to inform by the customer
- The customer shall make available to Cloudex Mods all information, data and documents relevant to the correct execution of the
agreement to in time and in the desired format and manner.
- The customer guarantees the correctness: completeness and reliability of the information, data and documents made available, even if they
originate from third parties, unless otherwise ensuing from the nature of the agreement
- If and insofar as the customer requests this: Cloudex Mods will retum the relevant documents.
- Ifthe customer does not timely and properly provides the information: data or documents reasonably required by Cloudex Mods and the
execution of the agreement IS delayed because of this, the resulting additional costs and extra hours WII] be charged to the customer.
The customer indemnifies Cloudex Mods against all third-party claims that are related to the products and/or services supplied by
- The customer must examine a product or service provided by CloudexMods as soon as possible for possible shortcomings.
- If a delivered product or service does not comply v,’ith what the customer could reasonably expect from the agreement, the customer must
inform CloudexMods of this as soon as possible: but in any case within 1 month after the discovery of the shortcomings.
- Consumers must inform Cloudex Mods ofthis within two months after detection of the sholtcomings.
- The customer gives a detailed description as possible of the shortcomings: so that CloudexMods is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement betveen the parties.
- If a complaint relates to ongoing work: this canin any case not lead to CloudexMods being forced to perform other work than has been
- The customer must provide any notice of default to Cloudex Mods in v.Titing_
- It is the responsibility ofthe customer that a notice of default actually reaches CloudexMods (in time).
Joint and several Client liabilities
If CloudexMods enters into an agreement with several customers, each ofthem shall be jointly and severally liable for the full amounts
due to Cloudex Mods under that agreement
Liability of Cloudex Mods
- CloudexMods is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
- If CloudexMods is liable for any damage: it is only liable for direct damages that results from or is related to the execution of an
- CloudexMods is never liable for indirect damages, such as consequential loss: lost profit lost savings or damage to third parties.
- If CloudexMods is liable: its liability is limited to the amount paid by a closed (professional) liability insurance and m the absence of
(full) payment by an insurance company of the damages the amount of the liability is limited to the (part ofthe) Invoice to V,’hich the
liability relates _
- All images: photos, colors, drawings: descriptions on the website or in a catalog are only indicative and are only approximate and cannot
lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Every right of the customer to compensation from CloudexMods shall: in any case: expire within 12 months after the event from which
the liability arises directly or indirectly. This does not exclude the provisions in altlcle 6:89 of the Dutch Civil Code.
- The customer has the right to dissolve the agreement if Cloudex Mods imputably fails in the fulfillment ofhis obligations: unless this
shortcoming does not justify termination due to its special nature or because it is of minor significance.
- Ifthe fulfillment of the obligations by CloudexMods is not permanent or temporarily impossible, dissolution can only take place after
Cloudex Mods is in default
- Cloudex Mods has the right to dissolve the agreement with the customer: if the customer does not fully or timely fulfill his obligations
under the agreement, or if circumstances give CloudexMods good grounds to fear that the customer will not be able to fulfill his
- In addition to the provisions of aficle 6:7S Dutch Civil Code, a shortcoming of CloudexMods in the fulfillment of any obligation to the
customer cannot be attributed to CloudexMods in any situation independent of the of Cloudex Mods when the fulfillment of its
obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required
from Cloudex Mods
- The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war,
insurrection: riots: natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected
disturbances ofpower: electricity: internet computer or telecoms; computer viruses, strikes: government measures, unforeseen transport
problems: bad weather conditions and work stoppages.
- If a situation offorce majeure arises as a result of which Cloudex Mods cannot fulfill one or more obligations towards the customer,
these obligations will be suspended until Cloudex Mods can comply v,’ith it
- From the moment that a force majeure situation has lasted at least 30 calendar days: both parties may dissolve the agreement in v,liting in
whole or in part.
- Cloudex Mods does not owe any (damage) compensation in a situation of force majeure, even ifithas obtained any advantages as a
result of the force majeure situation.
Modification of the agreement
If, after the conclusion ofthe agreement and before its implementation, it appears necessary to change or supplement its contents: the
parties shall timely and in mutual consultation adjust the agreement accordingly
Changes in the general terms and conditions
- Cloudex Mods is entitled to amend or supplement these general terms and conditions.
- Changes ofminor importance can be made at any time.
- Major changes in content will be discussed by Cloudex Mods with the customer in advance as much as possible.
- Consumers are entitled to cancel the agreement m the event of a substantial change to the general terms and conditions.
Transfer of rights
- The customer cannot transfer its rights deferring from an agreement with CloudexMods to third parties without the prior v,litten consent
of Cloudex Mods
- This provision applies as a clause with a property law effect as referred to in Section 3:S3 (2) Dutch Civil Code.
Consequences of nullity or annullability
- If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions ofthese
terms and conditions.
- A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what CloudexMods had in mind
when drafting the conditions on that issue.
Applicable law and competent court
- Dutch law is exclusively applicable to all agreements betv:een the parties.
- The Dutch court in the district where Cloudex Mods is established is exclusively competent in case of any disputes between palties:
unless the law prescribes otherwise.