GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES OF NIE Number Fast, a company organized and existing under the laws of the Netherlands, with its offices at Klokgebouw 258, 5617 AC, Eindhoven, the Netherlands, lodged at the trade register of the Chamber of Commerce under number 71840877, VAT identification number NL002381002B04.
These General Terms (capitalized terms have the meaning as set out in article 1 below) form an integral part of the Agreement between Customer and NIE Number Fast for the provision of Services. There shall be no force or effect to any different terms.
These General Terms are last updated on 6 January 2021.
ARTICLE 1. DEFINITIONS AND INTERPRETATION
1.1 For the purpose of these General Terms and all related documents, the capitalized terms as set out below, shall have following meanings, whereby these terms may be used in the singular or the plural form and vice versa, as the context so requires:
Agreement means the agreement concluded between NIE Number Fast and the Customer for the provision of the Services, including these General Terms and all appendices and amendments, as agreed upon in writing between the Parties.
Customer means the natural person who enters into, or wishes to enter into, an Agreement.
Force Majeure includes, but is not limited to, directive of Government or of persons purporting to act therefore, legislation, war, civil disturbance, epidemics, pandemics, fire, drought, failure of power supply, explosion, riot, disturbances or standstill of essential equipment, flood, earthquake, lock-out,, strike or other action taken by employees in contemplation of or furtherance of a trade dispute or owing to any liability to procure services and/or materials or force majeure of any other nature, including solvency and/or liquidity issues and/or bankruptcy of third parties engaged by NIE Number Fast, in so far as any of these circumstances prevent NIE Number Fast’s performance of the Agreement. An event of Force Majeure is expressly including events caused by government-mandated lockdowns, or changes to laws, regulations, executive orders, or other acts of governmental entities related to the COVID-19 pandemic.
General Terms these general terms and conditions for the provision of Services by NIE Number Fast to the Customer.
Parties and Party NIE Number Fast and the Customer together respectively NIE Number Fast and the Customer individually.
NIE Number a tax identification number to be used in Spain.
NIE Number Fast (a tradename of Jean-Paul Klerks Producties) a company organized and existing under the laws of the Netherlands, with its offices at Klokgebouw 258, 5617 AC, Eindhoven, the Netherlands, lodged at the trade register of the Chamber of Commerce under number 71840877, VAT identification number NL002381002B04, being the provider of the Services to the Customer.
Right of Withdrawal the Customer’s option not to proceed with the Agreement within the term as set out in article 4.1.
Services all the services to be performed by NIE Number Fast for the Customer, as described in the Agreement.
Standard form for withdrawal: the form for withdrawal, attached hereto as Appendix 1.
1.2 The headings of these General Terms are for ease of reference only and are not intended to qualify the meaning of any article or section thereof.
1.3 Any undertaking by a Party not to do an act or thing shall be deemed to include an undertaking not to permit or suffer such act or thing to be done by another person.
1.4 In these General Terms the term ‘in writing’ includes by post, e-mail and any other electronic communication device customary in the market.
1.5 Terms and expressions of law and of legal concepts as used in this General Terms have the meaning attributed to them under the laws of the Netherlands and should be read and interpreted accordingly.
ARTICLE 2. APPLICABILITY OF THE GENERAL TERMS
2.1 These General Terms apply to any offer from NIE Number Fast and to any Agreement concluded between the Parties.
2.2 The text of these General Terms will be provided to the Customer electronically, before concluding the Agreement, in such a way that the Customer can easily store it on a sustainable data carrier.
2.3 In the event of any conflict between the Agreement and these General Terms, the provisions of the Agreement prevail.
2.4 The possible invalidity of a (part of a) provision in these General Terms and Conditions shall not affect the validity of the remaining provisions.
ARTICLE 3. OFFERS, CONCLUSION OF AGREEMENT AND NOTIFICATIONS
3.1 The Agreement becomes valid when the Customer has accepted the offer by submitting the application form on the website and fulfilled the terms and conditions set for the conclusion of the Agreement.
3.2 NIE Number Fast shall promptly confirm receipt of the application form via electronic means. As long as the receipt of said acceptance has not been confirmed, the Customer may revoke the Agreement.
3.3 NIE Number Fast will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment.
3.4 The Customer cannot derive any rights from oral commitments of NIE Number Fast, unless and to the extent those are confirmed in writing by NIE Number Fast.
3.5 All notifications relating to the Agreement shall be made in writing.
ARTICLE 4. RIGHT OF WITHDRAWAL AND CANCELLATION
4.1 If the Customer is a consumer and lives within the European Union, the Customer has a legal Right of Withdrawal during fourteen (14) days after the day of conclusion of the Agreement, about which NIE Number Fast hereby informs. The Right of Withdrawal lapses when the Services have been fully provided and the performance of the Services has only started after the Customer has expressly agreed to this and at the same time confirmed to understand and accept that the Customer loses his Right of Withdrawal after the full performance of the Services. The Customer is expressly asked in the application form whether the Customer wishes to declare that NIE Number Fast starts performing the Services already during the withdrawal period and that the Customer waives his right of withdrawal as soon as NIE Number Fast has received the NIE Number of the Customer and has therefore provided the Services in full.
4.2 The Customer can exercise its Right of Withdrawal, by using the form as set out in Appendix 1 hereof.
4.3 If the Agreement is lawfully cancelled pursuant to article 4.1 above, payments made by the Customer will be refunded to the Customer as soon as possible, but in any case within fourteen (14) days of receipt of the notification of withdrawal.
ARTICLE 5. DISSOLUTION OF THE AGREEMENT
If the Customer fails to fulfil any obligation arising for it from the Agreement properly or within a set term or otherwise on time, the Customer shall be in default and NIE Number Fast shall be entitled to dissolve the Agreement in whole or in part without notice of default or judicial intervention, all this without prejudice to the other rights of NIE Number Fast under any Agreement with the Customer and without NIE Number Fast being obliged to pay any damages.
ARTICLE 6. PRICES AND PAYMENT
6.1 The prices quoted on the website are inclusive of VAT.
6.2 The amounts to be paid by the Customer must be settled on the day that the Customer received the confirmation of the Agreement.
ARTICLE 7. PROVISION OF THE SERVICES
7.1 NIE Number Fast shall provide the Services with reasonable skill and care in a professional and workmanlike manner.
7.2 Delivery times as communicated via the website or otherwise are always indicative, are always averages and are explicitly not guaranteed.
7.3 NIE Number Fast is not obliged to follow instructions given to it by the Customer.
7.4 NIE Number Fast shall be responsible for ensuring that it complies with all statutes, regulations, byelaws, standards, codes of conduct and any other rules relevant to the provision of the Services.
7.5 NIE Number Fast may, in relation to certain specified matters related to the Services, act on the Customer ’s behalf.
7.6 NIE Number Fast may at any time subcontract a part of the Services under the Agreement to a third party.
ARTICLE 8. CUSTOMER’S OBLIGATIONS
8.1 The Customer shall provide to NIE Number Fast, in a reasonable and timely manner, all pertinent data, information and content that is necessary for NIE Number Fast’s provision of the Services. NIE Number Fast informs the Customer in writing of the data, information and content it requires to be able to perform the Services. In the event that the Spanish government at any time requests additional or improved information and/or documents from the Customer, the Customer shall ensure that, in accordance with the instructions of the Spanish Government and/or NIE Number Fast, these are delivered as soon as possible after the Customer has been informed hereof.
8.2 In the event that NIE Number Fast requires the decision, approval, consent or any other communication from the Customer in order to continue with the provision of the Services or any part thereof at any time, the Customer shall provide the same in a reasonable and timely manner.
8.3 Any delay in the provision of the Services resulting from the Customer ’s failure or delay in complying with any of the provisions of the Agreement shall not be the responsibility or fault of NIE Number Fast.
8.4 It is the Customer ’s responsibility to make a copy of all data that NIE Number Fast has produced or made available to the Customer , as well as all data and information provided by the Customer to NIE Number Fast for the provision of the Services. NIE Number Fast shall in no way be responsible for this.
ARTICLE 9. WARRANTY AND CASH BACK
9.1 The decision made by the Spanish Government as to whether or not to grant a NIE Number applied for depends on circumstances beyond the control of NIE Number Fast. NIE Number Fast can therefore not guarantee that the activities that fall within the scope of the Services will result with certainty in the granting of a NIE Number by the Spanish government.
9.2 Only if the Spanish Government rejects an application for a NIE number, despite the fact that NIE Number Fast has fully performed the Services and has therefore fulfilled its effort obligation, a full refund will be made out of courtesy, limited to the amount paid by the Customer to NIE Number Fast for the provision of the Services.
ARTICLE 10. LIMITATION OF LIABILITY
NIE Number Fast is not liable for any direct or indirect damage of the Customer, including consequential damage (such as, but not limited to loss of turnover or profit, travel costs, etc.).), immaterial damage, trading loss or any other damage whatsoever arising from the use the Services, including in the situations described in article 9, unless such damage is caused by intent or deliberate recklessness on the part of NIE Number Fast. Should NIE Number Fast nevertheless be liable for damage caused, then this liability shall in any case be limited to the amount invoiced to and paid by the Customer to NIE Number Fast for the provision the Services.
ARTICLE 11. FORCE MAJEURE
11.1 NIE Number Fast shall not be liable for any failure to fulfil any terms of the Agreement to the extent that such fulfilment has been delayed, hindered, interfered with or prevented by any circumstance whatsoever which is not within its reasonable control and which amounts to an act of Force Majeure.
11.2 NIE Number Fast shall inform the Customer of all the circumstances and particulars which prevent NIE Number Fast from performing its obligations under the Agreement. NIE Number Fast shall consult the Customer about the measures to be taken in order to limit the consequences of the situation of Force Majeure to a minimum and to safeguard the execution of the Agreement.
11.3 NIE Number Fast shall exert its reasonable efforts to cure any event of Force Majeure to the extent that it is reasonably possible to do so and may at its option suspend performance of the obligation affected by the Force Majeure during the period such Force Majeure continues, without incurring any liability on account hereof.
11.4 If the Force Majeure continues for a period of more than 30 (thirty) days, then either Party shall be entitled to terminate the Agreement by written notice to the other Party.
ARTICLE 12. DATA PRIVACY
ARTICLE 13. COMPLAINTS
13.1 Complaints about the performance of the Agreement shall be submitted fully and clearly described to NIE Number Fast within a reasonable time after the occurrence of the complaint.
13.2 The complaints submitted to NIE Number Fast shall be replied within a period of fourteen (14) days after the date of receipt. Should a complaint require a foreseeable longer time for handling, NIE Number Fast shall respond within fourteen (14) days with a notice of receipt and an indication when the Customer can expect a more detailed reply.
13.3 If the complaint cannot be solved in joint consultation within a reasonable time or within four (4) weeks after submitting the complaint, there will be a dispute that is open to the dispute settlement rules as stated in article 14 hereof.
ARTICLE 14. APPLICABLE LAW AND DISPUTES
14.1 All Agreements between NIE Number Fast and the Customer to which these General Terms apply, are exclusively governed by Dutch law.
14.2 In case of disputes, the court at the place of Customer’s residence is competent.
APPENDIX 1: Standard form for withdrawal
Standard form for withdrawal
(complete this form and return it only when you want to revoke the Agreement)
NIE Number Fast
5617 AC Eindhoven
I/We hereby inform you that I/we wish to revoke our agreement on
the sale of the following services: [specification of the services]*
Ordered on*/received on* [date of ordering the services]
[Customer’s signature(s)] (only when this form is submitted on paper)
* Delete and/or complete where appropriate