Definitions
1.1 Babbels, trade name falling under the private company Klout BV, registered with the Chamber of Commerce under number 87452782 and located at Park Veldzigt 2, 4336DX Middelburg, trading under the name Klout.
1.2 Customer: The natural or legal person who enters into an agreement with Babbels.
1.3 Agreement: The agreement between Babbels and the customer.
Applicability
2.1 These general terms and conditions apply to all offers, quotations and agreements from Babbels.
2.2 Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing.
2.3 The applicability of the customer's general terms and conditions is expressly rejected, unless otherwise agreed in writing.
Offers and quotations
3.1 All offers and quotations from Babbels are without obligation, unless otherwise stated.
3.2 The prices stated in an offer or quotation are exclusive of VAT, unless stated otherwise.
3.3 An offer or quotation is only valid for the period stated therein or, failing that, for fourteen days after the date of the offer or quotation.
Execution of the agreement
4.1 Babbels will execute the agreement to the best of its knowledge and ability.
4.2 Babbels has the right to engage third parties for the execution of the agreement.
4.3 The customer ensures that all information that Babbels indicates is necessary or of which the customer should reasonably understand that it is necessary for the execution of the agreement, is provided to Babbels in a timely manner.
4.4 Babbels is not liable for damage of any nature whatsoever because Babbels relied on incorrect and/or incomplete information provided by the customer.
Intellectual property
5.1 All intellectual property rights to the results of Babbels' work, including advice, reports, designs, documentation and other materials, belong exclusively to Babbels or its licensors.
5.2 The customer only obtains the user rights and powers that have been expressly granted in writing under these conditions or otherwise and otherwise he will not reproduce or make public the results of Babbels' work.
Warranties and liability
6.1 Babbels guarantees that the services and products it provides meet the usual requirements and standards that can reasonably be imposed at the time of delivery.
6.2 Babbels is not liable for any indirect damage to the customer or third parties, including consequential damage, lost profits and damage due to business stagnation.
6.3 Babbels' liability for direct damage is limited to the amount paid out by Babbels' insurer or, if no payment is made, to the amount that the customer has paid for the service or product in question.
Payment
7.1 Payment must be made within fourteen days of the invoice date, unless otherwise agreed in writing.
7.2 If payment is not made on time, the customer is legally in default and Babbels is entitled to charge statutory interest and collection costs.
7.3 In the event of liquidation, bankruptcy, attachment or suspension of payment of the customer, Babbels' claims on the customer are immediately due and payable.
Governing Law and Disputes
8.1 Dutch law applies to all agreements between Babbels and the customer.
8.2 Disputes between Babbels and the customer will be submitted to the competent court in Amsterdam, unless Babbels prefers to submit the dispute to the competent court of the customer's place of residence.
Data processing
9.1 Babbels processes the customer's personal data in accordance with applicable laws and regulations, including the General Data Protection Regulation (GDPR).
9.2 Babbels processes personal data only to the extent necessary for the execution of the agreement.
9.3 Babbels will not store the customer's personal data for longer than is strictly necessary for the purposes for which the data was collected or processed, unless there is a legal obligation to keep the personal data for longer.
9.4 The customer has the right to view, correct or delete his personal data. The customer can contact Babbels for this.
9.5 Babbels takes appropriate technical and organizational measures to protect the customer's personal data against loss or unlawful processing. These measures are in accordance with applicable data protection laws and regulations.
9.6 Babbels will not provide the customer's personal data to third parties without the customer's explicit permission, unless Babbels is legally obliged to do so.