Article 1 – Definitions
Article 2 – Applicability
Article 3 – The offer
Article 4 – The Agreement
Article 5 – Prices and conditions
Article 6 – Invoicing
Article 7 – Retention of title
Article 8 – Confidentiality
Article 9 – Delivery and execution
Article 10 – User data
Article 11 – Privacy personal data
Article 12 – Subscription
Article 13 – Complaints procedure
Article 14 – Intellectual property rights
Article 15 – Warranties and indemnity
Article 16 – Liability
Article 17 – Applicable law
Article 18 – Competent judge
Article 1 - Definitions
1.1Agreement: any agreement relating to the supply of Products and/or Services between Fairify and the Client. These General Terms and Conditions shall in any case form part of the Agreement.
1.2 Client: any business party entering into an Agreement with Fairify.
1.3 General Terms and Conditions: these General Terms and Conditions.
1.4 Consumer: any natural person who is acting for purposes which are outside his professional or business activity.
1.5 Day: calendar day.
1.6 Services: all texts, products and/or information offered by Fairify, which are part of an offer, quotation or agreement.
1.7 Durable Data Carrier: any tool - including e-mail - that enables the User and Fairify to store information that is addressed to him/her personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information.
1.8 User: a non Consumer who uses the Services and/or website of Fairify in any way.
1.9 IP Rights: all intellectual property rights.
1.10 Distance contract: a contract concluded between the Client and Fairify as part of an organised system for the distance sale of Services, whereby, up to and including the conclusion of the Agreement, one or more techniques for distance communication are used exclusively or jointly.
1.11 Fairify: the company Fairify is a private company with limited liability, having its registered office in Overveen, 2051 GD, Bloemendaalseweg 265-B, registered in the Trade Register of the Chamber of Commerce under number 77754298.
1.12 Fairify Sustainable Scan: the sustainable scan of Fairify.
Article 2 - Applicability
2.1 The General Terms and Conditions apply to all Agreements with non Consumers (so, only Clients) concluded by Fairify.
2.2 Before the Agreement is concluded, the text of the General Terms and Conditions will be made available to the Client. If this is not reasonably possible, Fairify shall indicate before the Agreement is concluded how the General Terms and Conditions can be viewed and that they will be sent to the Client free of charge as soon as possible at the Client's request.
2.3 If the Agreement is concluded electronically, then - contrary to the previous paragraph and before the Agreement is concluded - the text of the General Terms and Conditions will be made available to the Client electronically in such a way that it can easily be stored by the Client on a Durable Data Carrier. Furthermore, it is assumed that the Client, with whom a legal relationship has previously been established, is aware of the General Terms and Conditions, with the exception of the situation where Fairify have amended the General Terms and Conditions as described in Article 2.4 of the General Terms and Conditions.
2.4 Fairify is entitled to amend the General Terms and Conditions. Fairify will always provide the most recent version of the General Terms and Conditions and place it on the website.
Article 3 - The offer
3.1 If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
3.2 The offer contains a complete and accurate description of the Services. The description is sufficiently detailed to enable a proper assessment of the offer by the Client.
3.3 If Fairify uses images, these are a faithful representation of the Services offered. Obvious mistakes or obvious errors in the offer do not bind Fairify.
3.4 The website of the Fairify Sustainable Scan contains blurred examples scores. These examples are mock-ups and they may deviate from reality. Fairify is not responsible for a deviation of the real image scores compared to the example.
Article 4 - The Agreement
4.1 the Agreement is concluded at the time of acceptance by the Client of the offer and compliance with the conditions set out therein.
4.2 If the Client has accepted the offer electronically, Fairify shall as soon as possible acknowledge receipt of acceptance of the offer electronically.
4.3 If the Agreement is concluded electronically, Fairify shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment.
4.4 Fairify may, within the limits of the law, ascertain whether the Client is able to meet its payment obligations, as well as all those facts and factors which are important for a responsible conclusion of the Agreement. If, on the basis of this examination, Fairify has good grounds for not entering into the Agreement, it shall be entitled to refuse an order or application, stating its reasons, or to attach special conditions to its performance.
Article 5 - Prices and conditions
5.1 The prices used by Fairify are exclusive of VAT and other levies.
5.2 At the moment that the Client purchases a service via the Fairify Sustainable Scan, payment must be made immediately in the manner stated there.
5.3 During the period of validity stated in the offer, the prices of the Services offered will not be increased, except for price changes due to changes in VAT rates.
Article 6 - Invoicing
6.1 For orders that are not processed through the website of the Fairify Sustainable Scan, payment takes place via an invoice sent by Fairify.
6.2 Payment of an invoice must take place within 30 (thirty) days after the invoice date.
6.3 Terms of payment shall be deemed to be firm deadlines. In the event of late payment, Fairify may charge statutory interest.
Article 7 - Retention of title
7.1 All Services provided by Fairify shall remain the property of Fairify until all amounts due for the Services have been paid to Fairify.
Article 8 - Confidentiality
Each party involved in an Agreement with Fairify shall treat all information relating to this Agreement as confidential.
Article 9 - Delivery and execution
9.1 Fairify shall exercise the greatest possible care in receiving and executing orders for Services and in assessing requests for the provision of Services.
9.2 The delivery of the Services shall take place digitally and the Services will be sent to the mail address provided by the Client.
9.3 All delivery times stated or agreed by Fairify are not firm dates. Fairify shall make every effort to meet the delivery deadlines.
9.4 Fairify shall be entitled to suspend performance of its obligations under the Agreement if the Client fails to fulfil its (payment) obligations in full and/or on time. Adverse consequences as a result of such suspension shall be at the Client's expense and risk.
Article 10 – User data
10.1 By starting the Fairify Sustainable Scan and accepting these General Terms and Conditions before starting to fill in the Fairify Sustainable Scan, every User and Client authorises Fairify to use the entered company data, such as, but not limited to: the general company data, the filled in sustainability data, the answers on the questions in the Fairify Sustainable Scan and the final sustainable score.
10.2 By starting the Fairify Sustainable Scan and accepting these General Terms and Conditions before starting to fill in the Fairify Sustainable Scan, every User and Client authorises Fairify to use the entered company data as described in Article 10.1 of the General Terms and Conditions for, but not limited to the: extension of Fairify, website of Fairify, marketing of Fairify, sales process of Fairify.
Article 11 – Privacy personal data
Article 12 – Subscription
12.1 Every Agreement between Fairify and a Client in the form of a subscription for the paid components of the Fairify Sustainable Scan, is entered into for a period of 1 (one) year.
12.2 Unless otherwise expressly agreed, the subscription shall always be renewed automatically for the same period, unless the Client terminates the Agreement 30 (thirty) days before the renewal date of the subscription.
Article 13 - Complaints procedure
13.1 Comments or complaints about the performance of the Services of Fairify must be communicated to Fairify via firstname.lastname@example.org within fourteen (14) days after receipt of the Service in question.
13.2 Complaints submitted to Fairify shall be answered within a period of fourteen (14) days from the date of receipt. If a complaint requires a foreseeable longer processing time, Fairify shall reply within a period of fourteen (14) days with an acknowledgement of receipt and an indication of when the Client can expect a more detailed reply.
13.3 The Client shall give Fairify at least four (4) weeks to resolve the complaint by mutual agreement. After this period, a dispute shall arise that is subject to dispute resolution.
Article 14 - Intellectual property rights
14.1 All IP Rights that rest on the Services, website and texts of Fairify and the Fairify Sustainable Scan are the exclusive property of Fairify.
14.2 Nothing in the General Terms and Conditions relates to a transfer of IP Rights.
14.3 It is not permitted to remove or change the designation relating to IP Rights in the Services of Fairify.
14.4 Fairify explicitly does not waive any personality rights as described in article 25 of the Dutch Copyright Act.
Article 15 - Guarantees and indemnity
15.1 The Client is responsible for all use of the Services of Fairify.
15.2 The Client declares that it will not use the Services of Fairify:
in such a way as to infringe the rights, in the broadest sense of the word, of Fairify, third parties or anyone else;
in violation of applicable laws or regulations;
contrary to a provision of the Agreement.
15.3 The Client shall indemnify Fairify against all claims from third parties, damage and costs arising and/or connected with a Agreement or the guarantee referred to above.
Article 16 - Liability
In the context of the formation and/or performance of the Agreement, Fairify shall not be liable for any loss or damage arising from an (attributable) failure to perform the Agreement, wrongful act or otherwise, except in the case of wilful intent or wilful recklessness.
Article 17 - Applicable law
The Agreements between the Client and Fairify to which the General Terms and Conditions relate shall be governed by Dutch law.
Article 18 - Competent court
The District Court of Amsterdam shall have exclusive jurisdiction over disputes arising in connection with Agreements.
The General Terms and Conditions were last amended on 18 February 2021.