Terms and Conditions Partners

General terms and conditions on 1/12/2023:

We would like to have an enjoyable partnership, and therefore feel it is important to clearly agree on what we can expect from each other. This is listed in the general terms and conditions for partners below.

In summary, the general terms and conditions boil down to the following:

• Offerte.nl collects requests for Quotation for Partners through its Website. Based on the agreements between Offerte.nl and the Partner, Offerte.nl forwards Requests for Quotation to the Partner.
• The Quotation Requests are tailored to the Partners’ specific services.
• The Partner pays per Request for Quotation received.
• If an Offer Request is not satisfactory – as described below – the Partner receives an additional Offer Request from Offerte.nl for the following month free of charge.
• With its services, Offerte.nl brings supply and demand together. Offerte.nl is not a party to any agreements that the Requestor of the Quotation and the Partner make with each other.

Do you still have questions after reading the general terms and conditions? Then please feel free to contact us at the e-mail address info@offerte.nl or telephone number 088 – 771 23 45.

Definitions

1. Offerte.nl: the private company with limited liability Offerte B.V., with Chamber of Commerce number 63835746.
2. Partner(s): service providers – legal and natural persons – who enter into an agreement with Offerte.nl with the aim of receiving Requests for Quotation from Offerte.nl.
3. Applicant(s): legal and natural persons who complete a Request for Quotation for a particular service via the Offerte.nl Website.
4. Request for Quotation: a request sent by an Applicant to contact Partners via the Offeror’s Website
5. Website: all websites operated by Offerte.nl for its services.
6. Parties: Offerte.nl and the Partner together.

Applicability of these general terms and conditions

1. These general terms and conditions apply to all agreements between Offerte.nl and the Partner. Offerte.nl does not accept any general terms and conditions of the Partner, unless expressly agreed otherwise in writing.
2. Offerte.nl is entitled to amend these general terms and conditions. The Partner agrees that the latest version of these general terms and conditions shall always apply to the agreement. The latest version of these general terms and conditions can be found at https://offerte.nl/algemene-voorwaarden-partners..
3. The Parties can only deviate from this latest version of the general terms and conditions if the Parties have expressly agreed to this in writing.

Conclusion of agreement

1. All written, oral and electronic communications, offers and quotations as made by Offerte.nl are always without obligation, revocable and do not bind Offerte.nl.
2. The acceptance of an offer of Offerte.nl by the Partner does not bind Offerte.nl until Offerte.nl has confirmed in writing that by accepting the offer and/or quotation, an agreement between the Partner and Offerte.nl has been formed.

Price

1. The prices stated on the agreement are exclusive of VAT and other government levies.
2. Offerte.nl may adjust its prices and rates at any time. The price change will take effect 30 days after its announcement.
3. If the Partner does not agree to the price change, the Partner may terminate the agreement with Offerte.nl within 30 days. The agreement will then end on the date the price change takes effect.
4. Offerte.nl reserves the right to adjust its prices and rates each calendar year for inflation based on the CBS Service Price Index of the previous calendar year. Partner’s right of termination as set out in paragraph 3 does not apply to this.

Services provided by Offerte.nl

1. Offerte.nl collects Quotation Requests for Partners through its Website. In accordance with the agreement between the Parties, Offerte.nl forwards Quotation Requests to the Partner. The Requests for Quotation are tailored to the Partners’ specific services.
2. Through its services, Offerte.nl brings supply and demand together. Offerte.nl is not a party to any agreement concluded between the Request for Quotation Applicant and the Partner.

Request for Quotation

1. The agreement between the Partner and Offerte.nl sets out in which field(s) and area(s) of work the Partner wishes to receive Requests for Quotation.
2. Offerte.nl only forwards Quotation Requests to the Partner that fall within the subject area(s) and work area(s) specified in the agreement. The Partner pays Offerte.nl per Request for Quotation received. The agreement specifies the maximum number of Quotation Requests the Partner wishes to receive per day, per week and/or per month. If not stated in the contract, there is no limit on the number of Requests to be received.
3. Offerte.nl applies a minimum purchase obligation of 5 requests per week.
4. The Partner may request in writing to change the maximum number of desired Quotation Requests. If Offerte.nl agrees to this request, the changed number of Requests for Offers will apply from the following month.
5. In its first contract period (the trial period), the Partner may pause the forwarding of Quotation Requests for up to 14 days. After the first contract period, the Partner can take a break for a maximum of 30 days every six months. In all cases, the request must be made in writing the calendar month prior to the break.
6. Offerte.nl endeavours to forward the desired number of Quotation Requests to the Partner. However, Offerte.nl is not obliged to forward a minimum number of Quotation Requests to the Partner.
7. Offerte.nl does not guarantee that the Applicant of the Quotation Request will actually become a customer of the Partner.

Payment and collection costs

1. With the SEPA standing order, the Partner authorises Offerte.nl to automatically collect the fee for the forwarded Quotation Requests on a weekly basis.
2. If the Partner does not pay the invoice on time, it is legally in default. The Partner will then owe statutory commercial interest. The interest on the amount due is calculated from the time the Partner is in default until the moment of payment of the amount due in full.
3. In case of default, the Partner will also owe Offerte.nl all extrajudicial collection costs. These costs are:
   • 15% on the first €2,500;
   • 10% on the part remaining thereafter, up to €5,000;
   • 5% on the remainder, up to €10,000;
   • 1% on the part remaining after that, up to € 200,000;
   • 0.5% on the remainder, with a minimum of €75 and a maximum of €6775.
4. The entire claim of Offerte.nl against the Partner is immediately due and payable if:
   • the Partner misses a payment deadline;
   • the Partner is bankrupt or in suspension of payments;
   • the Partner (company) is dissolved or liquidated;
   • the Partner (natural person) is placed under guardianship or dies.

Penalty in case of reversal

1. The Partner is not allowed to reverse or otherwise stop a direct debit of Offerte.nl without Offerte.nl’s consent.
2. If the Partner reverses or otherwise withholds a direct debit, the Partner shall immediately owe a penalty of €45 to Offerte.nl, in addition to the costs referred to in Article 8.

Complaint

1. The Partner may complain to Offerte.nl via the complaint form within ten days of receiving a Request for Quotation, if:
   • the Request for Quotation does not fall within the Partner’s field of expertise and/or area of work
   • the Quotation Request matches a Quotation Request in the previous 14 days;
   • the telephone number and e-mail address provided by the Applicant are demonstrably incorrect, making it impossible for the Partner to contact the Applicant;
   • the Applicant does not exist;
   • the contact details from the Request for Proposals lead to a party that demonstrably did not submit a Request for Proposals and does not wish to consult with the Partner in that regard.
2. The Partner may complain only via the complaint form via the Offerte.nl Website. A complaint by other means will not be considered. After receiving the complaint form, Offerte.nl will assess whether a situation as described in Article 10.1 occurs.
3. If Offerte.nl judges that the complaint of the Quotation Request is justified, the Partner will be sent an additional Quotation Request from Offerte.nl for the following month free of charge.
4. The additional Quotation Requests granted free of charge cannot be converted into a monetary amount.
5. The Partner is not permitted to offset monetary amounts

Details of the Request for Offers / Applicant

1. The Partner may only use the data from the Request for Proposals or from the Applicant for the purpose of processing the Request for Proposals and executing any resulting orders that the Applicant may give to the Partner.
2. The Partner is prohibited from forwarding (the data from) the Request for Proposals and the (personal) data of the Applicant to third parties or selling them to third parties.

Data

Offerte.nl protects the Partner’s personal data in accordance with the General Data Protection Regulation (GDPR). For more information on this, Offerte.nl refers to its Partner Privacy Policy.

Termination of the Agreement

1. The agreement between the Parties is entered into for the duration agreed between the Parties in writing.
2. Termination should be done by sending an e-mail to info@offerte.nl. Other methods of termination will not be considered.
3. When the agreement can be terminated is stated on the agreement.
4. Interim termination is not possible.
5. Parties can only terminate this agreement with immediate effect in the following cases:
   • upon application for suspension of payment by the other party;
   • upon granting of suspension of payment to the other party;
   • upon an application for bankruptcy by the other party;
   • upon declaration of bankruptcy of the other party;
   • upon administration, receivership or debt restructuring of the other party.
6. In the event of termination, any additional Quotations granted free of charge will not be converted into a monetary amount.
7. The obligations under Articles 10, 15 and 16 shall continue to apply to the Parties even after the termination of the Agreement.

Force majeure

1. Offerte.nl need not comply with its obligations in the event of force majeure.
2. Offerte.nl can suspend its obligations under the agreement during the period that the force majeure continues. If this period lasts longer than one month then both Parties may dissolve the agreement without being obliged to pay damages.
3. If Offerte.nl has partially fulfilled its obligations and if the fulfilled part has independent value, Offerte.nl may invoice the fulfilled part.

Complaints

1. Offerte.nl would like its services to match the Partner’s expectations. If the Partner has a complaint about the services provided by Offerte.nl, Offerte.nl requests to report it via the email address info@offerte.nl.
2. Complaints will be considered if submitted in writing via the aforementioned email address. The complaint should include a description of the situation and any supporting documents.
3. Offerte.nl aims to provide a response to the complaint within five working days.

Liability

1. Offerte.nl is only liable for direct damage of the Partner, which is directly and exclusively the result of a shortcoming of Offerte.nl.
2. Offerte.nl is not liable for damage caused because it has relied on incorrect or incomplete information provided by the Applicant.
3. Offerte.nl’s liability is always limited to the invoice value with a maximum of €2,000.
4. Offerte.nl’s liability is in any case limited to the amount paid out by its insurer in that case.
5. The limitations of liability set out in this article do not apply if the damage is due to intent or gross negligence on the part of Offerte.nl.

Indemnification

1. The Partner indemnifies Offerte.nl for any claims by third parties who suffer damage due to the actions of the Partner and whose cause is not attributable to Offerte.nl.
2. If third parties sue Offerte.nl for damage caused by the actions of the Partner, the Partner will assist it both extra-judicially and judicially and do everything that may be expected of it in that case.
3. If the Partner fails to take action, Offerte.nl may do so itself. All costs and damages incurred by Offerte.nl as a result are entirely at the expense and risk of the Partner.

Nullity

If any provision of these terms and conditions is void or voidable, that does not change the validity of the rest of the agreement. The void or annulled part shall be replaced by a provision that follows as closely as possible the content of the void provision.

Conflicting clause

In the event that these general terms and conditions and the agreement contain conflicting conditions, the conditions contained in the agreement shall prevail.

Penalty clause

The Partner shall owe a penalty to Offerte.nl if it fails to comply with any provision of this Agreement and does not remedy this after being given a reasonable period of 14 days to do so. This penalty of €250 per day is immediately due and payable and applies from the moment the Partner is in default. In addition, the Partner must compensate Offerte.nl for the damages incurred by Offerte.nl as a result of the Partner’s breach of the Agreement.

Applicable law

Agreements subject to these general terms and conditions are governed by Dutch law.

Competent court

Disputes between the Parties concerning agreements that are subject to these general terms and conditions shall fall within the exclusive jurisdiction of the District Court of Amsterdam.