{"id":9950,"date":"2024-11-26T15:25:34","date_gmt":"2024-11-26T13:25:34","guid":{"rendered":"https:\/\/new.comm-co.com\/?page_id=9950"},"modified":"2025-01-31T15:00:15","modified_gmt":"2025-01-31T13:00:15","slug":"therms-conditions-en","status":"publish","type":"page","link":"https:\/\/comm-co.com\/jm3\/therms-conditions-en\/","title":{"rendered":"Therms &amp; conditions (EN)"},"content":{"rendered":"\t\t<div data-elementor-type=\"wp-page\" data-elementor-id=\"9950\" class=\"elementor elementor-9950\">\n\t\t\t\t\t\t<section class=\"elementor-section elementor-top-section elementor-element elementor-element-494574b elementor-section-boxed elementor-section-height-default elementor-section-height-default\" data-id=\"494574b\" data-element_type=\"section\" data-e-type=\"section\">\n\t\t\t\t\t\t<div class=\"elementor-container elementor-column-gap-default\">\n\t\t\t\t\t<div class=\"elementor-column elementor-col-100 elementor-top-column elementor-element elementor-element-63df5d0b\" data-id=\"63df5d0b\" data-element_type=\"column\" data-e-type=\"column\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t<div class=\"elementor-element elementor-element-0b19565 elementor-widget elementor-widget-spacer\" data-id=\"0b19565\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"spacer.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t<div class=\"elementor-spacer\">\n\t\t\t<div class=\"elementor-spacer-inner\"><\/div>\n\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<div class=\"elementor-element elementor-element-5619e3a3 elementor-widget elementor-widget-text-editor\" data-id=\"5619e3a3\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t\t\t\n<h3 class=\"wp-block-heading\">Article 1: Applicability\/definitions<\/h3>\n\n<p>1. These General Terms and Conditions shall apply to all offers and all purchase and sales agreements\u00a0of Comm-Co B.V. with its registered office at Hulst, hereinafter referred to as \u201cthe User\u201d.<\/p>\n\n<p>2. The buyer shall be referred to as \u201cthe Other Party\u201d.<\/p>\n\n<p>3. \u201cIn writing\u201d for the purposes of these General Terms and Conditions shall mean: by letter, e-mail, fax\u00a0or any other mode of communication that is regarded as equivalent to writing in view of advances in\u00a0technology and conventional practices.<\/p>\n\n<p>4. The possible invalidity of (any part of) a provision contained in these General Terms and Conditions\u00a0shall not affect the validity of the remaining provisions.<\/p>\n\n<p>5. These General Terms and Conditions shall also apply to subsequent orders and part orders flowing\u00a0from this agreement.<\/p>\n\n<p>6. A lasting business relationship shall only be deemed to exist if the User has already handed these\u00a0General Terms and Conditions several times to the Other Party. The User shall not be obliged to\u00a0produce these General Terms and Conditions in order for them to apply to each new agreement.<\/p>\n\n<h3 class=\"wp-block-heading\">Article 2: Establishing agreements<\/h3>\n\n<p>1. The agreement shall be established after the Other Party has accepted the offer from the User even if\u00a0this acceptance differs in subordinate points from the offer. If however the acceptance by the Other\u00a0Party differs essentially from the offer, the agreement shall not be deemed established until the User\u00a0has expressly agreed to these differences in writing.<\/p>\n\n<p>2. If the Other Party assigns or places an order with the User without first making an offer, the User shall\u00a0only be bound by this assignment or order after it has confirmed this to the Other Party in writing.<\/p>\n\n<p>3. The User shall only be bound by verbal agreements after it has confirmed these to the Other Party in\u00a0writing or as soon as the User has started to carry out these agreements without objection from the\u00a0Other Party.<\/p>\n\n<p>4. Additions to or amendments to these General Terms and Conditions or the agreement shall only bind\u00a0the User after these have been confirmed to the Other Party.<\/p>\n\n<h3 class=\"wp-block-heading\">Article 3: Offers, quotations, prices<\/h3>\n\n<p>1. All offers and quotations from the User shall be non-binding, unless they specify a date for\u00a0acceptance. If an offer or quotation contains a non-binding proposal and the Other Party accepts such\u00a0proposal, the User shall be entitled to withdraw the proposal within two working days of receiving\u00a0acceptance.<\/p>\n\n<p>2. The prices stated in the offers and quotations shall be exclusive of VAT and any costs, for example,\u00a0costs for transport, despatch, administration and statements of expenses from third parties.<\/p>\n\n<p>3. A draft estimate shall not oblige the User to deliver part of the proposal stated in this estimate for a\u00a0corresponding part of the price.<\/p>\n\n<p>4. If the proposal is based on the details supplied by the Other Party and these details are incorrect or\u00a0incomplete or are subsequently amended, the User shall be entitled to adjust the prices and\/or\u00a0delivery deadlines stated in the proposal.<\/p>\n\n<p>5. Offers, quotations and prices shall not automatically apply to subsequent orders.<\/p>\n\n<p>6. Samples and models that are displayed and\/or provided and specifications of colours, dimensions,\u00a0weights and other descriptions in brochures, promotional material and\/or on the User\u2019s website shall\u00a0be as accurate as possible but shall only be intended as a guide. The Other Party may derive no rights\u00a0from these.<\/p>\n\n<p>7. The samples and models stated in the previous paragraph shall remain the User\u2019s property and shall\u00a0be returned to the User on first demand at the Other Party\u2019s expense.<\/p>\n\n<p>8. If between the date of concluding the agreement and carrying it out, (cost) price increasing\u00a0circumstances take place for the User as a result of legislation and regulations, currency fluctuations\u00a0or price changes with respect to third parties or suppliers, etc. engaged by the User, the User shall be\u00a0entitled to increase the agreed price and charge these to the Other Party.\u00a0Article 4: Engaging third parties\u00a0The User shall be entitled to have certain deliveries carried out by third parties if and in so far as required\u00a0for the correct carrying out of the agreement. This shall be subject to assessment by the User.<\/p>\n\n<h3 class=\"wp-block-heading\">Article 5: Obligations of the Other Party<\/h3>\n\n<p>1. The Other Party shall ensure that it provides on time as required by the User all the details needed to\u00a0carry out the agreement and that these details are correct and complete.<\/p>\n\n<p>2. The Other Party may only sell on items delivered by the User in the original packaging from the User\u00a0or its supplier. The Other Party may make no changes to the original packaging and shall prevent any\u00a0damage.<\/p>\n\n<p>3. The Other Party shall be obliged to charge its customers the respective sale price or minimum sale\u00a0price set by the User or its supplier subject to an immediate and fully payable forfeit of \u20ac 500.00 per\u00a0contravention if it fails to do so without prejudice to the User\u2019s right to claim full compensation.<\/p>\n\n<h3 class=\"wp-block-heading\">Article 6: Delivery\/completion deadlines<\/h3>\n\n<p>1. Agreed delivery dates can never be considered as binding deadlines. If the User fails to comply or\u00a0comply on time with its obligations under this agreement, it shall be placed in default in writing by the\u00a0Other Party whereby it shall be granted a reasonable period in which to still fulfil its obligations.<\/p>\n\n<p>2. The User shall be entitled to deliver in parts whereby the User may invoice separately for each partial\u00a0delivery.<\/p>\n\n<p>3. The risk relating to the items supplied shall pass to the Other Party at the time of delivery. The term\u00a0\u201ctime of delivery\u201d for the purposes of these General Terms and Conditions shall mean the point at\u00a0which the items to be delivered leave the User\u2019s premises, warehouse or shop or the point at which\u00a0the User has informed the Other Party that it can collect these items.<\/p>\n\n<p>4. Despatch or transport of the items ordered shall take place in a manner to be determined by the User\u00a0but at the expense and risk of the Other Party. The User shall not be responsible for any damage of\u00a0any nature whether or not occasioned to the items themselves and which is linked to the despatch or\u00a0transport.<\/p>\n\n<p>5. If it appears impossible to deliver the items (as agreed) to the Other Party due to any reason within the\u00a0Other Party\u2019s sphere of risk or if the items are not collected, the User shall be entitled to store the\u00a0items at the Other Party\u2019s expense and risk. Unless the User has expressly stipulated another\u00a0deadline in writing, the Other Party shall give the User the opportunity within one month of the notice\u00a0of the storage to deliver the items or the Other Party shall be required to collect the items within this\u00a0period.<\/p>\n\n<p>6. If the Other Party remains in default in fulfilling its obligation to collect the items after the period stated\u00a0in paragraph 5 of this article, it shall be considered legally in default with immediate effect. The User\u00a0shall then be entitled to dissolve all or part of the agreement with immediate effect without judicial\u00a0intervention by giving written notice and to then sell the items to third parties without this resulting in an\u00a0obligation to compensate for damage, costs and interest.<\/p>\n\n<p>7. The aforementioned shall not affect the Other Party\u2019s obligation to compensate for any (storage) costs,\u00a0damage caused by delay, transport costs, loss of earnings or other losses.<\/p>\n\n<p>8. The User cannot be obliged to commence delivery at an earlier stage than after receipt of all\u00a0necessary details and any agreed (advance) payment from the Other Party. If this leads to delay, the\u00a0delivery deadlines shall be extended proportionately.<\/p>\n\n<h3 class=\"wp-block-heading\">Article 7: Packaging<\/h3>\n\n<p>1. If the User delivers the items in packaging designed to be used several times, the packaging shall\u00a0remain the User\u2019s property. The Other Party may not use this packaging for other purposes than for\u00a0which it is intended.<\/p>\n\n<p>2. The User shall be entitled to charge the Other Party a fee for this packaging. If the Other Party returns\u00a0the packaging carriage paid within the agreed period, the User shall be obliged to take back this\u00a0packaging and the User shall refund the fee charged to the Other Party.<\/p>\n\n<p>3. If the packaging is damaged, incomplete or lost, the Other Party shall be responsible for such loss and\u00a0shall forfeit its claim for reimbursement.<\/p>\n\n<p>4. If the damage stated in paragraph 3 of this article exceeds the fee charged, the User shall be entitled\u00a0to refuse to take back the packaging. The User can then charge the Other Party for the cost price of\u00a0the packaging minus the fee paid by the Other Party.<\/p>\n\n<p>5. If the packaging is intended for use only once, the User shall not be required to take back the\u00a0packaging and it shall be obliged to leave this packaging with the Other Party. The Other Party shall\u00a0then bear any costs for disposing of this packaging.<\/p>\n\n<h3 class=\"wp-block-heading\">Article 8: Complaints and returns<\/h3>\n\n<p>1. The Other Party shall be obliged to check the items delivered immediately upon receipt and to state<\/p>\n\n<p>any visible deficiencies, defects, damages and\/or discrepancies in quantity on the waybill or<\/p>\n\n<p>consignment note. In the absence of a waybill or consignment note, the Other Party shall be obliged to\u00a0inform the User in writing as to any deficiencies, defects, etc., within 24 hours of receiving the items.<\/p>\n\n<p>2. Other complaints shall be reported in writing to the User immediately after discovery but no later than\u00a0the agreed guarantee period. The Other Party shall bear all risks of failing to report directly. If no\u00a0explicit guarantee period has been agreed, the period of one year following delivery shall apply.<\/p>\n\n<p>3. If no complaint has been reported to the User within the periods stated in the above paragraphs, the\u00a0items shall be considered received in good condition and in accordance with the agreement. There\u00a0shall in such case be no possible claim under any agreed guarantee.<\/p>\n\n<p>4. Goods ordered shall be delivered in the (wholesale) packaging kept in stock by the User. Deviations\u00a0regarding sizes, weights, quantity, colours, etc. that are acceptable in the branch as minor shall not be\u00a0considered a shortcoming by the User. No claim under the guarantee shall be possible in such case.<\/p>\n\n<p>5. Complaints shall not suspend the Other Party\u2019s payment obligations.<\/p>\n\n<p>6. The Other Party shall enable the User to investigate the complaint and in this context, to provide the\u00a0User with all information relating to the complaint. If the items have to be returned in order to\u00a0investigate the complaint, this shall take place at the Other Party\u2019s expense and risk unless the\u00a0complaint turns out to be valid.<\/p>\n\n<p>7. All returns shall take place in a manner stipulated by the User and in the original packaging and\u00a0wrapping.<\/p>\n\n<p>8. No complaints shall be possible regarding incompleteness or properties of items manufactured from\u00a0natural materials if this incompleteness or properties are inherent to the nature of these materials.<\/p>\n\n<p>9. No complaints shall be possible regarding discoloration or slight discrepancies in colours.<\/p>\n\n<p>10. No complaints shall be possible regarding items, which following receipt by the Other Party have\u00a0changed with respect to their nature and\/or composition, have been completely or partly worked or\u00a0processed or which are no longer in their original packaging.<\/p>\n\n<h3 class=\"wp-block-heading\">Article 9: Guarantees<\/h3>\n\n<p>1. The User shall ensure that the agreed deliveries are carried out correctly and according to the norms\u00a0applying in the branch but shall never provide a more extensive guarantee in this regard than that\u00a0expressly agreed between the parties.<\/p>\n\n<p>2. The User shall be responsible during the guarantee period for the usual quality and reliability of the\u00a0items delivered.<\/p>\n\n<p>3. If the manufacturer or supplier provides a warranty for the items delivered by the User, this warranty\u00a0shall apply in the same manner between the parties. The User shall inform the Other Party in this\u00a0regard.<\/p>\n\n<p>4. The User shall not guarantee and shall never be considered to have guaranteed that the items\u00a0delivered shall be suitable for the purpose for which the Other Party wishes to work or process these\u00a0or to use them or have them used unless it has expressly confirmed this to the Other Party in writing.<\/p>\n\n<p>5. If the Other Party justly makes a claim under the guarantee, the User shall arrange repair or\u00a0replacement of the items free of charge or arrange a refund or reduction of the purchase price at the\u00a0User\u2019s discretion. If there is any additional damage, this shall be subject to article 10 \u201cLiability\u201d of these\u00a0General Terms and Conditions.<\/p>\n\n<h3 class=\"wp-block-heading\">Article 10: Liability<\/h3>\n\n<p>1. The User shall accept no liability other than the guarantees explicitly agreed or given by the User.<\/p>\n\n<p>2. Without prejudice to that stated in paragraph 1 of this article, the User shall only be liable for direct\u00a0damage. Any liability of the User for consequential damage such as trading losses, loss of earnings\u00a0and\/or losses sustained, damage caused by delay and\/or personal or bodily injury shall be expressly\u00a0excluded.<\/p>\n\n<p>3. The Other Party shall be obliged to take all measures necessary to prevent or limit any damage.<\/p>\n\n<p>4. If the User is liable for any damage sustained by the Other Party, the User\u2019s obligation to provide\u00a0compensation shall at all times be limited to the amount paid by its insurer in the respective case. If the\u00a0User\u2019s insurer makes no payment or if the damage is not covered by any insurance concluded by the\u00a0User, the User\u2019s obligation to provide compensation shall be limited to the invoice amount of the items\u00a0delivered.<\/p>\n\n<p>5. The Other Party shall commence proceedings against the User no later than six months after the point\u00a0where it gained knowledge or should have gained knowledge of the damage it has sustained.<\/p>\n\n<p>6. The Other Party may make no claim under the guarantee nor may it hold the User liable on other\u00a0grounds if the damage occurred due to:<\/p>\n\n<p>a. improper use or use contrary to the purpose for which the items delivered were intended or the<\/p>\n\n<p>directions, advice, operating instructions, leaflets, etc. provided by or on behalf of the User;<\/p>\n\n<p>b. improper storage of the items delivered;<\/p>\n\n<p>c. errors or incompleteness of the details provided to the User by or on behalf of the Other Party;<\/p>\n\n<p>d. instructions or directions from or on behalf of the Other Party;<\/p>\n\n<p>e. repairs or other work or processing being carried out on the items delivered by or on behalf of the\u00a0Other Party without express, prior, written approval from the User.<\/p>\n\n<p>7. The Other Party shall, in the cases stated in paragraph 6 of this article be fully liable for all damage\u00a0flowing from this and shall expressly indemnify the User from all third party claims to compensate for\u00a0this damage.<\/p>\n\n<p>8. The limitations of the liability stated in this article shall not apply if the damage is due to intent and\/or\u00a0recklessness by the User or its supervisory staff on a management level or if mandatory legal\u00a0provisions oppose this. Only in these cases shall the User indemnify the Other Party against any third\u00a0party claims.<\/p>\n\n<h3 class=\"wp-block-heading\">Article 11: Payment<\/h3>\n\n<p>1. The User shall all times be entitled to demand (partial) advance payment or any other security for\u00a0payment from the Other Party.<\/p>\n\n<p>2. Payment should be made within 30 days after the date of the invoice unless the parties expressly\u00a0agree otherwise in writing. The invoice shall be considered correct if the Other Party has not contested\u00a0it within this payment deadline.<\/p>\n\n<p>3. If an invoice has not been paid in full following expiry of the deadline stated in paragraph\u00a02, the Other\u00a0Party shall be liable to the User for late payment interest of two per cent per month calculated\u00a0cumulatively over the principal sum. Parts of a month shall be counted as full months.<\/p>\n\n<p>4. The User shall also be entitled to charge the Other Party for out-of-court collection costs if payment is\u00a0still outstanding following dunning by the User.<\/p>\n\n<p>5. The out-of-court collection costs stated in paragraph 4 in case of demands with a principal sum of up\u00a0to \u20ac 25,000.00 shall amount to:<\/p>\n\n<p>a. fifteen per cent of the amount of the principal sum for the first \u20ac 2,500.00 of the demand (with a\u00a0minimum of \u20ac 40.00);<\/p>\n\n<p>b. ten per cent of the amount of the principal sum over the next \u20ac 2,500.00 of the demand;<\/p>\n\n<p>c. five per cent of the amount of the principal sum over the next \u20ac 5,000.00 of the demand;<\/p>\n\n<p>d. one per cent of the amount of the principal sum over the next \u20ac 15,000.00 of the demand;<\/p>\n\n<p>6. If the principal sum exceeds \u20ac 25,000.00, the User shall be entitled to charge the Other Party out-ofcourt\u00a0collection costs over the first \u20ac 25,000.00 in accordance with paragraph 5 of this article and outof-\u00a0court collection costs of 10 per cent on the remainder.<\/p>\n\n<p>7. For calculating the out-of-court collection costs, the User shall after one year be entitled to increase\u00a0the principal sum of the demand by the cumulatively built up late payment interest in that year\u00a0according to paragraph 3 of that article.<\/p>\n\n<p>8. If full payment by the Other Party is not forthcoming, the Other Party shall be entitled to dissolve the\u00a0agreement by giving notice in writing without any further notice of default or judicial intervention or to\u00a0suspend its obligations under the agreement until payment has been received or the Other Party has\u00a0provided proper security for this. The User shall also have the aforementioned right of suspension if it\u00a0has legitimate grounds to doubt the Other Party\u2019s creditworthiness even before the Other Party enters\u00a0into default regarding payment.<\/p>\n\n<p>9. The User shall first apply the payments made by the Other Party to settle all the outstanding interest\u00a0and costs and then against the longest outstanding payable invoices unless the Other Party expressly\u00a0states at the time of payment that the payment relates to a later invoice.<\/p>\n\n<p>10. The Other Party shall not be entitled to offset claims from the User against any counterclaims that it\u00a0may have against the User. This shall also apply if the Other Party applies for (temporary) suspension\u00a0of payment or is declared bankrupt.<\/p>\n\n<h3 class=\"wp-block-heading\">Article 12: Reservation of ownership<\/h3>\n\n<p>1. The User shall reserve ownership of all items delivered and to be delivered up until the point at which\u00a0the other party has completely fulfilled all payment obligations towards the User.<\/p>\n\n<p>2. The payment obligations in paragraph 1 shall consist of the payment of the purchase price for the\u00a0items delivered and to be delivered plus any demands relating to work carried out in connection with<\/p>\n\n<p>the delivery and demands due to culpable shortcoming by the Other Party in fulfilling its obligations\u00a0including the payment of compensation, out-of-court collection costs, interests and any penalties.<\/p>\n\n<p>3. If this refers to the delivery of identical, non-individualized items, the consignment of items relating to\u00a0the oldest invoice shall be considered to have been sold first. Reservation of ownership shall therefore\u00a0rest in any case on all items delivered, which at the time of claiming reservation of ownership were still in the Other Party\u2019s stocks, shop and\/or property.<\/p>\n\n<p>4. The Other Party may sell on items subject to reservation of ownership in the context of normal\u00a0business provided it has also stipulated reservation of ownership on the items delivered with respect to\u00a0its customers.<\/p>\n\n<p>5. As long as the items delivered are subject to reservation of ownership, the Other Party shall not be\u00a0entitled to pledge these items in any way or to put them at the disposal of a financier.<\/p>\n\n<p>6. The Other Party shall be obliged to inform the User immediately in writing if any third parties assert\u00a0reservation of ownership or other rights on the items subject to reservation of ownership.<\/p>\n\n<p>7. The Other Party shall be obliged to carefully preserve the items subject to reservation of ownership\u00a0and to ensure that they are identifiable as the User\u2019s property until it has fulfilled all its payment\u00a0obligations towards the User.<\/p>\n\n<p>8. The Other Party shall arrange for consequential loss insurance or fire and theft insurance, that the\u00a0items delivered subject to reservation of ownership are covered at all times and to make the insurance\u00a0policy and the respective premium payment receipts available for inspection by the User on first\u00a0demand.<\/p>\n\n<p>9. If the Other Party contravenes the conditions of this article or if the User claims reservation of\u00a0ownership, the User and its employees shall have the irrevocable right to enter the Other Party\u2019s\u00a0premises and take back the items subject to reservation of ownership without prejudice to the User\u2019s\u00a0right to compensation due to damage, loss of earnings and interest and the right to dissolve the\u00a0agreement giving written notice without further notice of default.<\/p>\n\n<h3 class=\"wp-block-heading\">Article 13: Bankruptcy and loss of power to dispose of property, etc.<\/h3>\n\n<p>1. Without prejudice to that stated in the other articles of these General Terms and Conditions, the User\u00a0shall be entitled to dissolve the agreement by giving written notice without any further notice of default\u00a0or judicial intervention at the point where the Other Party;<\/p>\n\n<p>a. is declared bankrupt or files for bankruptcy;<\/p>\n\n<p>b. applies for (temporary) suspension of payment;<\/p>\n\n<p>c. is affected by enforceable seizure;<\/p>\n\n<p>d. is placed under guardianship or judicial supervision;<\/p>\n\n<p>e. otherwise loses the power to dispose of its property or loses legal capacity regarding all or part of\u00a0its assets.<\/p>\n\n<p>2. That stated in paragraph 1 of this article shall apply if the guardian or administrator recognizes the\u00a0obligations flowing from the agreement as liabilities of the estate.<\/p>\n\n<p>3. The Other Party shall be obliged at all times to inform the guardian or the administrator of the (content\u00a0of the) agreement and these General Terms and Conditions.<\/p>\n\n<h3 class=\"wp-block-heading\">Article 14: Force majeure<\/h3>\n\n<p>1. In the event of force majeure with respect to the Other Party or the User, the User shall be entitled to\u00a0dissolve the agreement by giving written notice to the Other Party without judicial intervention or to\u00a0suspend its obligations towards the User for a reasonable period without being liable for any\u00a0compensation.<\/p>\n\n<p>2. Force majeure with respect to the User in the context of these General Terms and Conditions shall\u00a0include: a non-culpable shortcoming by the User, third parties or suppliers engaged by it or other\u00a0serious grounds on the part of the User.<\/p>\n\n<p>3. The following shall be considered as force majeure: war, revolt, mobilization, domestic and foreign\u00a0riots, government measures, strikes within the User\u2019s organization and\/or that of the Other Party or the\u00a0threat of this and similar circumstances, disturbances to the exchange rates prevailing at the time of\u00a0entering into the agreement, business interruptions due to fire, break-in, sabotage, natural and similar\u00a0phenomena also due to weather conditions, blockades, accidents and similar transport difficulties and\u00a0delivery problems.<\/p>\n\n<p>4. If the force majeure occurs after part of the agreement has already been carried out, the Other Party\u00a0shall be obliged to fulfil its obligations towards the User up to that point.<\/p>\n\n<h3 class=\"wp-block-heading\">Article 15: Cancellation and suspension<\/h3>\n\n<p>1. If the Other Party wishes to cancel the agreement prior to or during its carrying out, it shall be liable for\u00a0compensation to be stipulated by the User. This compensation shall include all costs already incurred\u00a0by the User and the damage it incurs due to the cancellation as well as the loss of earnings. The User\u00a0shall be entitled to set the aforementioned compensation and to charge the Other Party 20 to 100 per\u00a0cent of the agreed price at its discretion and depending on the deliveries already made.<\/p>\n\n<p>2. The Other Party shall be liable towards third parties for the consequences of the cancellation and shall\u00a0indemnify the User for claims from these third parties arising from this.<\/p>\n\n<p>3. The User shall be entitled to offset all amounts already paid by the Other Party against the amounts of\u00a0compensation owed by the Other Party.<\/p>\n\n<p>4. When suspending the agreed deliveries at the request of the Other Party, all costs incurred up to that\u00a0point shall be immediately payable and the User shall be entitled to charge these to the Other Party.\u00a0The User shall also be entitled to charge the Other Party for all costs incurred or to be incurred during\u00a0the suspension period.<\/p>\n\n<p>5. If it is not possible to resume the carrying out of the agreement after the agreed suspension period, the\u00a0User shall be entitled to dissolve the agreement without judicial intervention by giving written notice to\u00a0the Other Party. If the carrying out of the agreement is resumed following the agreed suspension\u00a0period, the Other Party shall be obliged to reimburse the User for any costs due to the resumption.<\/p>\n\n<h3 class=\"wp-block-heading\">Article 16: Applicable law\/jurisdiction<\/h3>\n\n<p>1. The agreement entered into between the User and the Other Party shall be governed exclusively by\u00a0Dutch law.<\/p>\n\n<p>2. Any disputes shall be adjudicated by the competent court in the district where the User has its\u00a0registered office although the User shall always be entitled to bring the dispute before the competent\u00a0court in the district where the Other Party has its registered office.<\/p>\n\n<p>3. If the Other Party has its registered office outside the Netherlands, the User shall be entitled to act\u00a0according to that stated in paragraph 2 of this article or at its discretion, to submit the dispute for\u00a0adjudication by the competent court in the country or the State where the Other Party has its registered\u00a0office.<\/p>\n\n<h3 class=\"wp-block-heading\">\u00a0 Article 17: Special addendum for subscriptions \u00a0<\/h3>\n\n<p>The bonus compensation will be paid approximately 6 to 8 weeks after the extension or porting. It is possible to buy products before the credit is received, the invoice has to be paid within the term. When the fee has been received, the amount already spent will be credited to your account. The bonus payment in the deposit can only be spent on products and services at Comm-Co BV. It is not possible to withdraw funds in any way. If the customer does not have obtained the average ARPU it is possible that the provider will be running a clawback. Comm Co Ltd is not liable for a claw back to the customer calculate the clawback content on the bonus payment. The general conditions of Comm-Co and the relevant provider apply to all our offers and contracts. The rates mentioned on this website may be within the validity of this offer and can be adapted to new pricing and \/ or compensation of network operators. The fees will be credited only if the request is accepted by the relevant provider and when Comm-Co has received the fee from the provider.\u00a0<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<div class=\"elementor-element elementor-element-aae8351 elementor-widget elementor-widget-spacer\" data-id=\"aae8351\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"spacer.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t<div class=\"elementor-spacer\">\n\t\t\t<div class=\"elementor-spacer-inner\"><\/div>\n\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"<p>Article 1: Applicability\/definitions 1. These General Terms and Conditions shall apply to all offers and all purchase and sales agreements\u00a0of Comm-Co B.V. with its registered office at Hulst, hereinafter referred to as \u201cthe User\u201d. 2. The buyer shall be referred to as \u201cthe Other Party\u201d. 3. \u201cIn writing\u201d for the purposes of these General Terms &hellip; <a href=\"https:\/\/comm-co.com\/jm3\/therms-conditions-en\/\" class=\"more-link\">Continue reading<span class=\"screen-reader-text\"> &#8220;Therms &amp; conditions (EN)&#8221;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-9950","page","type-page","status-publish","hentry"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Therms &amp; conditions (EN) - CommCo<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/comm-co.com\/jm3\/therms-conditions-en\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Therms &amp; conditions (EN) - CommCo\" \/>\n<meta property=\"og:description\" content=\"Article 1: Applicability\/definitions 1. These General Terms and Conditions shall apply to all offers and all purchase and sales agreements\u00a0of Comm-Co B.V. with its registered office at Hulst, hereinafter referred to as \u201cthe User\u201d. 2. 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