Terms and Conditions
Terms and Conditions
Table of contents
Article 1. Definitions
Article 2. Identity of Maboba
Article 3. General provisions
Article 4. The offer
Article 5. The Agreement
Article 6. Prices
Article 7. Withdrawal
Article 8. Obligations of Parties in case of withdrawal
Article 9. Termination, dissolution and cancellation
Article 10. Liability
Article 11. Force majeure
Article 12. Warranty
Article 13. Payment and invoicing
Article 14. Delivery
Article 15. Transfer
Article 16. Complaints procedure
Article 17. Retention of title and transfer
Article 18. Intellectual Property
Article 19. Applicable law and choice of forum
Article 20 Survival
Article 21. Change or addition
Article 1. Definitions
In these general terms and conditions the following definitions apply:
1.1 Maboba : the company defined in article 2 of these general terms and conditions;
1.2 Consumer : the natural person who does not act for purposes related to his trade, business, craft or profession;
1.3 Other Party : the party with which Maboba has concluded an Agreement. This also means the person who enters into or is negotiating with Maboba, as well as his representative(s) or authorized representative(s).
1.4 Party(ies) : Other Party and Maboba jointly or as individual contracting party;
1.5 Written : by e-mail or in writing;
1.6 Distance Agreement : an Agreement concluded between Maboba and the Consumer within the framework of an organized system for distance sales of products and services, digital content and/or services, whereby, up to and including the conclusion of the Agreement, use is made of one or more techniques for distance communication;
1.7 Cooling off period : the period within which the Consumer can make use of his Right of Withdrawal;
1.8 Right of withdrawal : the possibility for the Consumer to waive the Distance Agreement within the Cooling-off Period;
1.9 Durable data carrier : any tool - including e-mail - that enables the Consumer or Maboba to store information that is addressed to him personally in a way that facilitates future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
1.10 Day : calendar day;
1.11 Technique for distance communication : means that can be used to conclude an Agreement, without the Consumer and Maboba having to meet in the same room at the same time.
Article 2. Identity of Maboba
Maboba BV trading under the name NEGOTIA Leather:
Business address:
Joepe 24
5991 LT Baarlo
The Netherlands
Contact details:
Email address: info@negotialather.com
Chamber of Commerce number: 84641118
VAT number: NL863293773B01
Article 3. General provisions
3.1 These general terms and conditions apply to every offer and all (legal) acts of Maboba and to every distance Agreement concluded between Maboba and the Other Party.
3.2 Before the Distance Agreement is concluded, the text of these general terms and conditions will be made available to the Other Party. If this is not reasonably possible, Maboba will indicate before the Distance Agreement is concluded how the general terms and conditions can be viewed at Maboba and that they can be sent free of charge as soon as possible at the request of the Other Party.
3.3 If the Distance Agreement is concluded electronically, contrary to the previous paragraph and before the Distance Agreement is concluded, the text of these general terms and conditions can be made available to the Other Party electronically in such a way that the Other Party can can be stored in a simple manner on a durable data carrier. If this is not reasonably possible, it will be indicated before the Agreement is concluded where the general terms and conditions can be read electronically and that they can be sent free of charge at the request of the Other Party electronically or otherwise.
3.4 Unless expressly agreed otherwise in Writing, the applicability of other (general) terms and conditions is excluded.
3.5 Deviations from or additions to these general terms and conditions are only valid if they have been expressly agreed in Writing.
3.6 If and insofar as any provision of these general terms and conditions cannot be invoked on the basis of reasonableness and fairness or the unreasonably onerous nature, the relevant provision will in any case have a meaning that is as similar as possible in terms of content and purport. so that it can be used.
3.7 Maboba is entitled to engage third parties for the performance of the Agreement.
3.8 Information and announcements on the Maboba website are subject to (typing) errors.
3.9 Maboba will only process the Other Party's data in accordance with its privacy policy. In doing so, Maboba observes the applicable laws and regulations.
Article 4. The offer
4.1 An offer by Maboba is, in principle, without obligation and valid until no later than 14 (fourteen) calendar days after the offer. If an offer has a different period of validity or is subject to conditions, this will be expressly stated in the offer.
4.2 The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Other Party. If Maboba uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind Maboba.
4.3 If the Other Party has accepted the offer electronically, Maboba will immediately confirm receipt of the acceptance of the offer electronically.
4.4 Each offer contains such information that it is clear to the Other Party what rights and obligations are attached to the acceptance of the offer.
Article 5. The Agreement
5.1 Subject to the provisions of paragraph 2, the Agreement is concluded at the time of Maboba's acceptance of the offer and (possibly) compliance with the conditions set therein.
5.2 Maboba can, within the legal framework, be informed whether the Other Party can meet its payment obligations, as well as of all facts and factors that are important for a responsible conclusion of the Distance Agreement. If, based on this investigation, Maboba has good reasons not to enter into the Agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
5.3 If the Agreement is concluded electronically, Maboba will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the Other Party can pay electronically, Maboba will take the appropriate security measures.
5.4 If a provision of the general terms and conditions or a provision of the Agreement proves to be null and void or is nullified, this will not affect the validity of the entire general terms and conditions or Agreement. The parties will enter into consultations in order to agree on a new provision to replace the invalid or annulled provision, whereby the purpose and purport of the invalid or annulled provision are taken into account as much as possible.
5.5 Agreed delivery times are always indicative times. The terms for delivery are not strict deadlines. Exceeding a term explicitly does not entitle the Other Party to compensation. Maboba will only be in default, even in the event of an agreed deadline, after the Other Party has given it written notice of default, except for situations that are mandatory by law in which the default commences by operation of law.
5.6 At the latest upon delivery of the product and/or services to the Other Party, Maboba will send the following information, in writing or in such a way that it can be stored by the Other Party in an accessible manner on a durable data carrier:
the conditions under which and the manner in which the Other Party can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about warranties and existing after-sales service;
The price including all government taxes and levies, the method of payment, delivery and/or performance of the Distance Agreement.
If and insofar as applicable: the costs of delivery;
5.7 In the case of a long-term transaction, the obligation under Article 5.6 only applies to the first delivery.
Article 6. Prices
6.1 All amounts are - unless otherwise agreed - in euros and include turnover tax (VAT) and other levies imposed by the government in the Netherlands.
6.2 During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
6.3 Contrary to Article 6.2, Maboba can offer products and/or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices stated are target prices, if applicable, will be stated in the offer.
6.4 All prices stated by Maboba are subject to typing and calculation errors.
6.5 Discounts and quoted amounts do not automatically apply to future orders.
Article 7. Withdrawal
7.1 The Consumer can terminate an Agreement regarding the purchase of a product and/or service without giving any reason during a cooling-off period of 100 (one hundred) days. Maboba may ask the Consumer about the reason for the withdrawal, but not oblige him to state his reason(s).
7.2 The aforementioned period of 100 (one hundred) days has expired after:
in the case of an Agreement to provide services: the day on which the Agreement is concluded. The right of withdrawal lapses if the performance of the service, with the consent of the Consumer, has started before the end of this cooling-off period;
in the case of consumer purchase: the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, has received the item.
7.3 If the products and/or services offered by Maboba are specifically tailored for a counterparty acting as a Consumer, the right of withdrawal is excluded under this article for such customized products and/or services.
7.4 Furthermore, an appeal to the right of withdrawal is excluded:
products or services whose price is subject to fluctuations in the financial market over which Maboba has no influence and which may occur within the withdrawal period.
service agreements, after full performance of the service, but only if:
the performance has begun with the express prior consent of the Consumer; and
the Consumer has declared that he will lose his right of withdrawal as soon as Maboba has fully performed the Agreement;
products and/or services manufactured according to the Consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice, characteristics or decision of the Consumer, or which are clearly intended for a specific person;
sealed products that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;
7.5 During the reflection period of 100 (one hundred) days, the Consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.
7.6 If a counterparty acting as a Consumer can make use of his right of withdrawal, the Consumer must ensure that the product is returned. The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by Maboba.
7.7 The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the Consumer. Any damage will be deducted from the amount to be refunded.
7.8 If the Consumer makes use of his right of withdrawal, he can return the item free of charge, provided that the return shipment option offered by Maboba is used.
7.9 Unless agreed otherwise, the right of withdrawal is expressly not applicable if the other party is not a Consumer.
7.10 If the Consumer returns the product to Maboba in a manner other than the method of return prescribed by Maboba, then this return will be borne by the Consumer himself.
7.11 In order to exercise the right of withdrawal, the Consumer must inform Maboba of its decision to make use of the right of withdrawal by means of an unambiguous Written statement. The Consumer must send the communication concerning the exercise of his right of withdrawal before the period for this has expired.
Article 8. Obligations of Parties in case of withdrawal
Maboba:
8.1 Maboba undertakes to provide reasonable and clear instructions regarding the revocation and the associated conditions or regulations.
8.2 If Maboba makes the notification of withdrawal by the Consumer electronically possible, it will immediately send a confirmation of receipt after receipt of this notification.
8.3 If the Consumer has paid an amount, Maboba will refund this amount as soon as possible, but within 14 days after the return or cancellation. Unless Maboba offers to collect the product itself or have it collected, it may wait with the refund until it has received the product or until the Consumer demonstrates that it has returned the product, whichever is the earlier.
8.4 Maboba uses the same means of payment for the refund that the Consumer has used, unless the Consumer agrees to another method. The refund is free of charge for the Consumer.
8.5 If the Consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Maboba does not have to reimburse the additional costs for the more expensive method.
Consumer:
8.6 During the cooling-off period, the Consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point is that the Consumer may only handle and inspect the product as he would be allowed to do in a shop.
8.7 The Consumer is only liable for depreciation of the product if this is the result of a way of handling the product that goes beyond what is permitted in Article 8.6.
8.8 The Consumer is not liable for any reduction in the value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the Agreement.
Article 9. Termination, dissolution and cancellation
9.1 The Agreement ends by operation of law when the performances thereof have been delivered to and fro.
9.2 Contrary to Article 9.1, a Continuing Performance Agreement that has been entered into for an indefinite period can be terminated at any time with due observance of a notice period of one month. Such Agreements can only be canceled In Writing.
9.3 A Duration Agreement that has been entered into for a definite period has a maximum term of 2 (two) years. If it has been agreed that the Distance Agreement can be tacitly renewed after this period has expired, the Agreement will be continued as an Agreement for an indefinite period and the notice period after continuation of the Agreement will be a maximum of one month.
9.4 If the Other Party fails to fulfill one or more of its obligations, fails to fulfill them on time or properly, is declared bankrupt, applies for (provisional) suspension of payment and/or deferral of payment, proceeds to liquidate its company, as well as if its assets are completely seized or partially seized, Maboba has the right to suspend the performance of the Agreement or to terminate and/or dissolve the Agreement in whole or in part by operation of law and without prior notice of default by a Written statement, all this at its discretion. choice and always with retention of any right to compensation of costs, damage and interest.
9.5 If the Agreement is dissolved, Maboba's claims against the Other Party are immediately due and payable.
Article 10. Liability
In case the Other Party is a Consumer:
10.1 Maboba's total liability is limited to compensation for damage up to a maximum of the amount involved in the Agreement. Under no circumstances will the total compensation for damage exceed the amount to be paid out by Maboba's liability insurance.
10.2 If the Agreement is a Continuing Performance Agreement with a term of more than six months, the amount involved in that Agreement will be set at the total of fees (excluding VAT) for the past 6 (six) months prior to the event causing the damage.
10.3 Maboba's liability for damage resulting from intent or deliberate recklessness on the part of Maboba is not limited.
In the event that the Other Party acts in the exercise of a profession or business:
10.4 Maboba is not liable for indirect and direct damage. Maboba's liability for damage resulting from intent or deliberate recklessness on the part of Maboba is not excluded.
10.5 If Maboba is nevertheless liable for direct damage, Maboba's total liability will be limited to compensation for damage up to a maximum of the amount involved in the Agreement (excluding VAT). In no event, however, will the total compensation for such damage exceed the amount paid out by Maboba's liability insurance.
10.6 Maboba's liability for indirect damage, including consequential damage, lost profit, lost savings, mutilation or loss of (company) data and damage due to business interruption, is excluded.
10.7 If the Agreement concerns a Continuing Performance Agreement with a term of more than 6 (six) months, the amount involved in that Agreement will be set at the total of fees (excluding VAT) for the past 6 (six) months.
10.8 The Other Party indemnifies Maboba against any claims from third parties who suffer damage in connection with the performance of the Agreement.
10.9 Direct damage is understood to mean:
reasonable costs that the Other Party would have to incur to ensure that Maboba's performance complies with the Agreement; however, this replacement damage will not be compensated if the Agreement is dissolved by or at the request of the Other Party.
reasonable costs incurred to determine the cause and extent of the damage insofar as the determination relates to damage within the meaning of these terms and conditions;
reasonable costs incurred to prevent or limit damage insofar as the Other Party demonstrates that these costs have led to limitation of damage within the meaning of these terms and conditions.
General provisions regarding liability:
10.10 Maboba's liability due to attributable shortcomings in the fulfillment of the Agreement only arises if the Other Party immediately and properly declares Maboba in default In Writing, stating a reasonable term to remedy the shortcoming, and Maboba is also attributable in the fulfillment of its obligations after that term. obligations continue to fall short. The notice of default must contain as detailed a description as possible of the shortcoming, so that Maboba is able to respond adequately.
10.11 A condition for the existence of any right to compensation is
always that the Other Party reports the damage to Maboba In Writing as soon as possible.
10.12 Maboba is not liable for damage of any nature whatsoever because Maboba relied on incorrect and/or incomplete information provided by the Other Party.
10.13 Maboba is not liable for damage caused by auxiliary persons as referred to in Article 6:76 of the Dutch Civil Code.
10.14 Liability for delays, errors or any damage (in whatever form) caused by a faulty product and/or by repairs made by Maboba or a repairer designated by it, is expressly excluded, insofar as the liability does not arise from legal provisions of mandatory law.
Article 11. Force majeure
11.1 In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming by Maboba in the fulfillment of any obligation towards the Other Party cannot be attributed to Maboba in the event of a circumstance beyond the control of Maboba, as a result of which the fulfillment of its obligations towards the Other Party is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from Maboba. These circumstances also include non-performance by suppliers or other third parties, (power) failures, computer viruses, extreme weather conditions, fire (danger), (threat of) war, pandemics, epidemics, quarantines, absenteeism, disability, strikes, government measures and the breakdown of bicycles and equipment with which the products are transported or mounted.
11.2 If a situation as referred to in paragraph 1 of this article arises as a result of which Maboba cannot fulfill its obligations towards the Other Party, those obligations will be suspended as long as Maboba cannot fulfill its obligations. If the situation referred to in the previous sentence has lasted 30 (thirty) calendar days or if it has been established that the force majeure situation will last longer than three months, both Parties have the right to dissolve the Agreement in writing in whole or in part, unless the nature or extent of the shortcoming does not justify the interim termination. In that case, Maboba is not obliged to pay compensation for any damage, not even if Maboba enjoys any advantage as a result of the force majeure situation. In that case, what has already been performed on the basis of the Agreement will be settled pro rata, without the parties owing each other anything else.
Article 12. Warranty
12.1 Maboba guarantees that the products and/or services comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or existing on the date of the conclusion of the Agreement. or government regulations.
12.2 If a defect occurs within the specified warranty period, the entrepreneur will choose to either repair, replace the defective product or credit the consumer's payment. If repairs are made, to be carried out by the entrepreneur. The consumer bears the costs for delivery and collection of the product, unless otherwise agreed
12.3 If it is agreed that Maboba will send a replacement part by post/courier, the defective part must first be sent or delivered by the customer. These costs are for the account of the Other Party.
12.4 Repair or replacement does not entail renewal and/or extension of the warranty period.
12.5 No warranty claim, nor otherwise agreed warranty provisions, can be made if:
if the product has been used improperly or carelessly;
it concerns a defect other than, for example, normal wear and tear;
changes have been made to the product or repairs have been carried out by others than Maboba or a repairer designated by it;
there are minor deviations from the desired properties, insofar as these are not important for the value and functionality of the product;
one or more brands and/or (serial) numbers of the product have been removed and/or changed.
12.6 Replacement parts used for repair can be either new or refurbished parts. Parts that are replaced due to a repair become the property of Maboba.
12.7 The warranty provisions are not transferable and are only valid for products and/or services supplied by Maboba.
Article 13. Payment and invoicing
13.1 Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the cooling-off period commences, or in the absence of a cooling-off period within 14 days after the conclusion of the Agreement. In the case of an Agreement to provide a service, this term commences on the day after the consumer has received confirmation of the Agreement.
13.2 If the total amount of an order exceeds the amount of €5,000, Maboba is entitled to require a deposit of up to 50% from the Other Party.
13.3 The Other Party is obliged to immediately report any inaccuracies in payment details provided or stated to Maboba.
13.4 The Other Party is in default from the expiry of the agreed payment date applicable to it. Maboba will send - if applicable - a payment reminder after the expiry of that date and give the Other Party the opportunity to pay within 14 days after receipt of this payment reminder.
13.5 If payment has still not been made after the expiry of the payment reminder, judicial or extrajudicial collection can be initiated. The reasonable costs incurred for this are for the account of the Other Party. Maboba is also entitled to charge the statutory interest in the case of a Consumer and to charge the statutory commercial interest in the case of another Counterparty, calculated from the expiry of the agreed payment date.
13.6 In the event of liquidation, bankruptcy, attachment or suspension of payment of the Other Party, Maboba's claims against the Other Party are immediately due and payable.
Article 14. Delivery
14.1 Maboba will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
14.2 The place of delivery is the address that the Other Party has made known to Maboba.
14.3 With due observance of the provisions of article 5.5 of these general terms and conditions, Maboba will execute accepted orders expeditiously but within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the Other Party will be notified of this no later than 1 (one) month after placing the order. In that case, the Consumer also has the right to dissolve the Agreement free of charge.
14.4 In the event of dissolution in accordance with the previous paragraph, Maboba will refund the amount paid by the Consumer as soon as possible, but no later than 30 (thirty) days after dissolution.
14.5 If delivery of an ordered product proves to be impossible, Maboba will endeavor to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. In this case, the costs of the return shipment are for the account of Maboba.
14.6 The risk of damage and/or loss of products rests with Maboba until the moment of delivery to the Other Party, unless expressly agreed otherwise.
14.7 If the products are delivered, Maboba is entitled to charge any delivery costs, unless agreed otherwise.
14.8 The other party is in principle obliged to take delivery of the products at the moment that Maboba delivers them or has them delivered. If the Other Party refuses to take delivery, is not present at the time of the delivery or is negligent in providing information or instructions that are necessary for the delivery, as a result of which a new delivery time must be realised, Maboba is entitled to postpone this delivery for account of the Counterparty.
Article 15. Transfer
15.1 Rights of either party under this Agreement may not be transferred without the prior Written consent of the other party. This provision applies as a clause with effect under property law as referred to in Article 3:83 paragraph 2 of the Dutch Civil Code.
Article 16. Complaints procedure
16.1 Maboba has a sufficiently publicized complaints procedure which can be viewed on Maboba's website and handles any complaints in accordance with this procedure.
16.2 The Other Party is obliged to inspect or have inspected the purchased or delivered goods at the time of purchase or delivery, but in any case within the shortest possible term. In doing so, the Other Party should examine whether the quality and quantity of the purchased or delivered goods correspond to what the Parties have agreed, or at least whether the quality and quantity meet the requirements that apply to them in normal (trade) traffic.
16.3 Complaints about the performance of the Agreement must be submitted to Maboba within a reasonable time, fully and clearly described, after the Other Party has discovered the defects.
16.4 Complaints submitted to Maboba will be answered within a period of 14 (fourteen) days from the date of receipt. If a complaint requires a foreseeable longer processing time, Maboba will respond within a period of 14 (fourteen) days with a notice of receipt and an indication when the Other Party can expect a more detailed answer.
16.5 If the complaint is declared well-founded within the set period, Maboba has the right to either repair or deliver again, or to refrain from delivery and refund the Other Party for that part of the purchase price.
16.6 Minor and/or standard deviations in the industry and differences in quality, number, size or finish cannot be held against Maboba
16.7 Complaints with regard to a certain product do not affect other products or parts belonging to the same Agreement.
Article 17. Retention of title and transfer of title
17.1 Maboba retains ownership of all products delivered and to be delivered on the basis of the Agreement until the Other Party has fulfilled all its payment obligations towards Maboba. Until that time, Maboba can invoke its retention of title and take back the goods.
17.2 The payment obligations referred to in Article 17.1 consist of paying the agreed purchase price of the products delivered and to be delivered, increased by claims due to attributable shortcomings of the customer/buyer in the fulfillment of its obligations, including the payment of compensation, ( extrajudicial collection costs and any interest
17.3 Products subject to retention of title may be sold by the Other Party in the context of its normal business operations, provided that the Other Party stipulates an identical retention of title on the products (thus) delivered with regard to its customers.
17.4 If the agreed amounts to be paid in advance are not paid or are not paid on time, Maboba has the right to suspend the delivery or issue of the products until the agreed part has been paid. In this case, there is creditor default. In that case, a late issue or delivery cannot be attributed to Maboba.
17.5 The Other Party is not authorized to pledge or encumber in any other way the goods subject to retention of title.
17.6 If third parties seize the products delivered by Maboba under retention of title or wish to establish or enforce rights thereon, the Other Party is obliged to inform Maboba immediately.
17.7 The Other Party undertakes to adequately insure the products delivered under retention of title and to keep them insured against fire, explosion and water damage, as well as against theft, embezzlement and damage. At Maboba's first request, the Other Party will allow inspection of the insurance policy and the associated premium payment methods.
17.8 As soon as the purchased goods have been received by the Other Party, the risk will transfer from Maboba to the Other Party.
Article 18. Intellectual Property
18.1 The Other Party expressly acknowledges that all intellectual property rights of displayed information, announcements or other expressions with regard to the products and/or with regard to the internet site are vested in Maboba, its suppliers or other entitled parties.
Article 19. Applicable law and choice of forum
19.1 Agreements between Maboba and the Other Party to which these general terms and conditions apply are exclusively governed by Dutch law. The Dutch court has exclusive jurisdiction.
19.2 All disputes arising from this Agreement will be submitted exclusively to the competent court or the Disputes Committee.
19.3 The applicability of the Vienna Sales Convention is excluded.
19.4 Disputes between the Parties will in the first instance be resolved as much as possible through proper consultation.
19.5 If one or more provisions of these general terms and conditions are regarded as unreasonably onerous in legal proceedings, the other provisions will remain in full force.
Article 20 Survival
20.1 The provisions of the general terms and conditions and the Agreement that are intended to retain their validity after termination of the Agreement, including but not limited to Article 18 (Intellectual Property), Article 19 (Applicable law and choice of forum), Article 10 ( Liability) and this provision (Survival) will remain in full force after the termination of the Agreement.
Article 21. Change or addition
21.1 Maboba is entitled to unilaterally change or supplement these general terms and conditions. In that case, Maboba will inform the Other Party in a timely manner of the changes or additions.
21.2 Changes also apply to Agreements already concluded, with due observance of a period of 30 (thirty) days after the announcement of the change on Maboba's website or by electronic notification. Changes of minor importance can be made at any time.
21.3 There will be at least 30 (thirty) days between this notification and the entry into force of the amended or supplemented terms and conditions.
21.4 If the change gives Maboba the authority to provide a performance that deviates substantially from the promised performance, the Other Party has the right to refuse the changed conditions or to dissolve the Agreement.