• Enjoy Javea
  • Avda. Principe de Asturias 33
  • 03730 Jávea (Alicante)
  • +34653404084
  • +31615251887
  • Contact Us
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General Terms and Conditions

GENERAL TERMS AND CONDITIONS ENJOY JAVEA REAL ESTATE

For the purposes of these general terms and conditions, the following definitions apply:

1) Supplier: Enjoy Javea. registered with the Chamber of Commerce in the Trade Register and trading under the name ENJOY HOUSES AND MORE SL under number: 24045477,

Article 1: General

  1. These general terms and conditions apply to, and form part of, all offers of Enjoy Javea and all agreements, including any follow-up assignments, concluded between Enjoy Javea, having its registered office and principal place of business in Javea at Carrer de Princep d ' asturies 33, 03730 hereinafter referred to as "Enjoy Javea" and its client whereby Enjoy Javea and/or all its affiliated companies provide goods and/or services, of any nature whatsoever to the Client, even if these goods and/or services are not (further) described in these terms and conditions.
  2. These general terms and conditions apply not only to Enjoy Javea, but also to its directors and to all persons involved in the execution of the assignment and/or who have any liability in connection therewith. The applicability of this remains if the aforementioned directors and/or persons are no longer working for Enjoy Javea.
  3. In these general terms and conditions, the client of Enjoy Javea is considered to be the person to whom Enjoy Javea has provided any offer, has made an offer or with whom it has concluded an agreement. This can be either a legal entity or a natural person.
  4. For the purposes of these general terms and conditions, written means by letter, by e-mail, by WhatsApp or any other means of communication that can be equated with this in view of the state of the art and the prevailing views in society.
  5. Deviations and/or additions to these general terms and conditions are only valid insofar as they have been expressly agreed in writing between the client and Enjoy Javea. The Client cannot derive any rights from these deviations for future agreements. Any purchase or other terms and conditions of delivery to which the client refers when accepting an offer or quotation or concluding an agreement are not applicable, unless they have been accepted by Enjoy Javea without reservation and in writing.
  6. If any provision of these general terms and conditions is null and void or is annulled, the remaining provisions of these general terms and conditions shall remain in full force and effect.
  7. In the event that the content of the agreements made in writing between Enjoy Javea and the client deviates from what is stipulated in these general terms and conditions, the agreements made in writing shall prevail.
  8. Assignments given to Enjoy Javea are obligations to perform to the best of one's ability. It explicitly does not concern obligations to achieve a result, unless it appears otherwise from the nature of the assignment given or from what the parties have agreed in writing.
  9. Enjoy Javea is entitled to refuse assignments given to it without giving reasons, even after it has sent an offer to the client for the performance of work. An assignment is only deemed to have been concluded at the time that Enjoy Javea has accepted an assignment in writing, or has started its execution.
  10. A digital message (including SMS and WhatsApp) from the Client to Enjoy Javea will only be deemed to have been received by Enjoy Javea after Enjoy Javea confirms receipt thereof in writing to the Client. If the client has not received an acknowledgement of receipt within 48 hours of sending, he will verify with Enjoy Javea whether the message has actually reached them. An automatic, digital or otherwise, acknowledgement of receipt from Enjoy Javea to the client will in no way be considered as an acknowledgement of receipt.
  11. All general information provided by Enjoy Javea to the Client in any way whatsoever, whether or not at the request of the Client, is without obligation and will never be considered as advice given by Enjoy Javea in the context of an assignment given to it, unless otherwise agreed between the parties in writing.
  12. Deadlines of any kind specified by Enjoy Javea are never to be regarded as strict deadlines, unless otherwise agreed in writing.
  13. These general terms and conditions apply not only to Enjoy Javea, but also to all persons involved in the execution of the assignment and/or who have any liability in connection therewith.
  14. All rights of action and other powers of the client on whatever account vis-à-vis Enjoy Javea in connection with work/services performed by Enjoy Javea expire in any case five years after the moment at which the client became aware or could reasonably have become aware of the existence of these rights and powers.
  15. Enjoy Javea is entitled to unilaterally change the content of these general terms and conditions in the interim. In the event that Enjoy Javea proceeds to an interim change, it will inform the client thereof and at the same time send the amended general terms and conditions. The Client is entitled to object to the applicability of the amended terms and conditions within 30 days of the date on which it was informed of the relevant changes. In that case, the parties will consult about the content of the applicable general terms and conditions. If the client does not object to the changed content of the general terms and conditions, these agreements made by Enjoy Javea will govern the intermediaries from the date mentioned.

Article 2: Advice, offers and quotations.

  1. Calculations made by Enjoy Javea with regard to the costs of a financial product and any impact thereof on the client's monthly costs are always provisional and indicative. They are also subject to interim interest rate and premium changes. Only after a provider has made an offer which has been accepted by the client, Enjoy Javea can provide a definitive statement of the monthly costs to the client.
  2. Advice provided by Enjoy Javea to the client is snapshots and based on simplified assumptions of the laws and regulations that are current at that time. Only after a provider has made an offer which has been accepted by the client, Enjoy Javea can provide a final statement of the monthly costs to the client.
  3. Quotations and rates presented by Enjoy Javea to the client on behalf of a provider are without obligation and subject to acceptance by the provider in question, unless explicitly stated otherwise in those quotations and rates.

Article 3: Third parties

  1. All assignments are only accepted and carried out with the exception of Articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code. This also applies when the client explicitly or tacitly provides his assignment with a view to execution by a specific person. Any additional costs associated with the engagement of third parties will be charged to the client.
  2. If Enjoy Javea engages third parties for the execution of the assignment given to it by the client, Enjoy Javea will consult with the client as much as possible in advance. When selecting these third parties, Enjoy Javea will exercise due care. Enjoy Javea is not liable for shortcomings of these third parties.

Article 4: Fee and payment

  1. The manner in which Enjoy Javea's fee will be paid will be agreed in writing by the parties at the conclusion of the assignment. The fee may include:

either included in theamounts to be charged to the client (whether or not on behalf of a provider),

either an hourly rate can beagreed,

Or a fixed rate can beagreed.

Or a subscription can beagreed.

or a combination of the abovepossibilities.

  1. In the event that the parties have not made separate agreements about the provisions of the previous paragraph, the remuneration for Enjoy Javea is included in the premiums to be paid by the Client to the Provider. The provider pays this reward to Stoffers.
  2. Changes in taxes and/or levies imposed by the government will always be passed on to the client. Changes in prices of materials and/or services and/or other costs required for the assignment, which occur after acceptance of the assignment, can be passed on to the client. Price changes also include changes in wages and social security contributions.
  3. Enjoy Javea reserves the right to adjust its rates annually in accordance with the annual CPI (consumer price index) figure, or according to a fixed percentage as agreed by Enjoy Javea and the client.
  4. Enjoy Javea reserves the right to adjust the rates and content of any chosen subscription. The Client will be informed in advance of any changes.
  5. With regard to the payments and payment obligations of the client towards Enjoy Javea, the handling of this can be outsourced to a third party.
  6. In the event that Enjoy Javea works on an invoice basis, Enjoy Javea reserves the right in all cases to request an advance, whereby a start will only be made with the assigned work or services after the relevant advance invoice has been paid by the client.
  7. Enjoy Javea reserves the right to charge the Client for additional work to be carried out in connection with an incorrect output by the Provider for complex and impactful products. The Client may recover these costs from the Provider in the context of the Recovery Cost Scheme of the Dutch Association of Insurers.
  8. Payment by the Client of premiums and amounts invoiced to him by Enjoy Javea must be made without deduction of any discount and without any right of the Client to set-off or suspension, within 14 days of the invoice date, unless otherwise agreed in writing. If the Client consists of several natural persons and/or legal entities, each of those persons is jointly and severally liable to pay the amounts due under the agreement.
  9. If the client does not pay the premiums and/or interest payments charged to him, or does not pay them on time, this may result in the insurances and/or facilities taken out by him, after mediation by Enjoy Javea, not providing cover for the insured risk or that the provider proceeds to the compulsory sale of the immovable property to which the mortgage relates. The client declares that he is familiar with this.
  10. If the Client fails to make payment within the applicable payment term, the Client will be in default by operation of law. In that case, the Client will owe an interest of 1% per month, whereby parts of a month also apply to a month, unless the statutory interest rate is higher, in which case the statutory interest rate applies. The interest on the amount due and payable will be calculated from the moment that the Client is in default until the moment of payment of the full amount.
  11. All costs, both judicial and extrajudicial, relating to the collection of amounts owed by the client and not paid on time, shall be borne by the client. The extrajudicial collection costs payable by the client amount to a maximum of € 6,775.00 and will be determined in accordance with the following scale:

On the first € 2,500.00: 15%with a minimum of €40.00;

On the next € 2,500.00: 10%;

About the next € 5,000.00: 5%

Over the next € 190,000.00:1%

About the excess: 0.5%

  1. With regard to partial payments by the client, the provisions of Article 6:44 of the Dutch Civil Code apply, even if the client states that the payment relates to a (later) invoice.
  2. In the event of non-payment or late payment by the Client of any invoice of Enjoy Javea, as well as in the event that the financial circumstances of the Client reasonably give cause to do so, at the discretion of Enjoy Javea, Enjoy Javea is entitled to suspend the further execution of the assignment until sufficient security has been provided for the proper payment thereof by the Client to the satisfaction of Enjoy Javea.
  3. If the payment of subscription, management and/or administration fees is discontinued, you must transfer the financial product to which these costs relate to another financial service provider of your choice within 30 days. As long as this has not been done, you are obliged to pay the relevant costs.

Article 5: The client's duty to provide information

  1. The client is obliged to always, solicited and unsolicited, provide Enjoy Javea with all relevant information that is necessary for the correct execution of the assignment given to it. This should include, but is not limited to, a situation in which such changes occur in the family composition, income, financial situation, business destination, business size, stock management, etc., that Enjoy Javea would have to adjust its advice accordingly or that financial products that have already been concluded may no longer be sufficient. Enjoy Javea can only fulfil its duty of care vis-à-vis the Client if the Client strictly complies with the aforementioned obligation to provide information.
  2. If the information necessary for the execution of the agreed service or assignment has not been made available to Enjoy Javea, or has not been made available to Enjoy Javea in a timely manner or in accordance with the agreements made, or if the client has not fulfilled its (information) obligations in any other way, Enjoy Javea is entitled to suspend the execution of the assignment.
  3. The client is fully responsible for the correctness and completeness of all information provided by him to Enjoy Javea. If the failure to provide information in a timely, correct or complete manner results in Enjoy Javea having to spend more time or extra costs on the execution of the assignment, Enjoy Javea will pass on the fee and/or the extra costs to be incurred to the Client with that extra time.
  4. If it turns out afterwards that the Client has provided incorrect or incomplete information on the basis of which Enjoy Javea has carried out the assignment, the Provider may be entitled to terminate the insurance or credit (with immediate effect) on the basis of its (general) policy conditions, or may be entitled to decide not to compensate for damage suffered.
  5. The Client shall ensure that any data carriers, files, etc. provided to Enjoy Javea are free of viruses and defects.

Article 6: Complaints

  1. Any dispute arising from quotations, offers and assignments to which these terms and conditions apply, may, at the client's discretion, be submitted either to the Financial Services Disputes Committee for binding advice, in accordance with the rules of the Financial Services Disputes Committee Regulations applicable at the time of the submission, or to the civil court. Enjoy Javea conforms in advance to a binding opinion issued by the Financial Services Disputes Committee, in accordance with the relevant provisions of the Financial Services Disputes Committee Regulations.
  2. The client has the obligation to investigate immediately after delivery/performance/performance by Enjoy Javea (including invoicing from Enjoy Javea to the client) whether what has been delivered/performed/performed complies with the agreement. If this is not the case and the client does not notify Enjoy Javea in writing within 30 days of delivery/performance/performance of Enjoy Javea, the client will lose all rights in respect of shortcoming in the performance related to the failure to comply with what has been delivered to the agreement. In that case, it is considered proven between the parties that Enjoy Javea's performance complies with the agreement.

Article 7: Liability

  1. Any liability of Enjoy Javea is limited to the amount paid out by Enjoy Javea's professional liability insurance in the relevant case, increased by the amount of the deductible under that insurance.
  2. In the event that Enjoy Javea's professional liability insurance referred to in this article does not provide cover in a specific case, any liability on the part of Enjoy Javea shall be limited to a maximum of the total of the fee charged to the Client in respect of the assignment on which the damage has arisen is the basis of the damage, or the annual premium last charged by the Provider,up to €5,000,-.
  3. Third parties cannot derive any rights from the content or outcome of the work or services performed for the Client.
  4. The client is obliged to provide Enjoy Javea with correct, complete and timely information, under penalty of forfeiture of any claim, whatever by name and for whatever reason. The client indemnifies Enjoy Javea against claims from third parties if the client has not fulfilled the aforementioned obligation.
  5. Enjoy Javea is never liable for indirect damage/consequential damage.
  6. Enjoy Javea is never liable for any damage whatsoever resulting from errors in software or other computer software used by Enjoy Javea, unless this damage can be recovered by Enjoy Javea from the supplier of the software or computer software in question.
  7. Enjoy Javea is never liable for any damage whatsoever resulting from the circumstance that the client has not paid the premiums charged to him for insurance policies or facilities taken out by him, after mediation by Enjoy Javea, despite a proper demand letter from Enjoy Javea, or has not paid them on time.
  8. Any liability on the part of Enjoy Javea is excluded, for any damage whatsoever resulting from the circumstance that a financing reservation agreed upon by the client with the other party has expired.
  9. Any liability on the part of Enjoy Javea is excluded, for any damage whatsoever caused by the fact that the provider does not ensure, or does not ensure, in time, that the documents required for the execution of the mortgage deed are ready and/or the funds are not deposited with the notary or are deposited in time.
  10. Any liability on the part of Enjoy Javea is excluded for damage on the part of the client or third parties, which results directly or indirectly from a (disappointing) value development of financial products and/or (the disappointing of) results, returns, profitability, etc. of financial products. Furthermore, Enjoy Javea is not liable for damage suffered as a result of errors or inaccuracies in forecasts originating from third parties, including any provider, regarding a result to be achieved, return, profitability, etc.
  11. The provisions of this article do not affect the liability of Enjoy Javea for damage caused by the intent or recklessness of its or its subordinates.

Article 8: Force majeure

  1. Parties are not obliged to fulfil any obligation if they are prevented from doing so as a result of a circumstance that is not attributable to fault and is not for their account by virtue of the law, a legal act or generally accepted opinions.
  2. In addition to what is understood in the law and jurisprudence in this regard, force majeure is understood in these general terms and conditions to mean all external causes, foreseen or unforeseen, over which Enjoy Javea cannot exert any influence, but as a result of which Enjoy Javea is unable to fulfil its obligations. This includes strikes in the company of Enjoy Javea.
  3. Enjoy Javea also has the right to invoke force majeure if the circumstance that prevents (further) performance occurs after Enjoy Javea should have fulfilled its obligation.
  4. A failure to comply with an obligation of Enjoy Javea is in any case not attributable and is not at its risk in the event of default and/or shortcoming by or on the part of its suppliers, subcontractors, carriers and/or other third parties engaged, in the event of fire, strike or lockout, riots or riots, war, government measures, including export, import or transit bans,frost and all other circumstances which are of such a nature that bondage can no longer be required of Enjoy Javea.

Article 9: Confidentiality and protection of personal data

  1. The parties are obliged to observe strict confidentiality with regard to all confidential
    information with which the parties or persons they use in the exercise of this agreement come into contact. In any event, confidential information means any materials (including equipment/software), documents, ideas, data or other information that:a) relates to research and development, trade secrets or business information of the other party; (b) has been designated as confidential and entrusted to the other Party in the context of the performance of this Agreement.
  2. (a) which was already known to the other party before the conclusion of the contract shall not be regarded as confidential information:(a) which was already known to the other party before the conclusion of the contract; (b) which is or becomes public knowledge through no fault of the receiving party; (c) which has been lawfully acquired by the receiving Party by a third party who has not breached any duty of confidentiality vis-à-vis the other Party by such disclosure; (d) independently developed by the receiving party.
  3. Personal data provided by the Client to Enjoy Javea will not be used by Enjoy Javea for or provided to third parties for purposes other than for the execution of the assignment given to it or mailings to be sent by it to the Client, etc., except insofar as Enjoy Javea is obliged by law or public order in the context of its business operations to provide the data in question to a designated body.
  4. Enjoy Javea stores all information received from the client during the term of the agreement and stores it in a careful manner. Enjoy Javea takes all reasonable measures to prevent the loss of or unwanted access to this information (for example due to viruses, technical malfunctions, cybercrime, etc.).
  5. Enjoy Javea is never liable for loss or destruction of the aforementioned information – whether or not due to cybercrime – unless this is due to intent and/or deliberate recklessness on the part of Enjoy Javea. The Client shall ensure that a copy of the information provided to Enjoy Javea is always kept.

Article 10: Governing Law and Disputes

  1. All offers, quotations and assignments of Enjoy Javea are governed by Dutch law.
  2. All disputes between the parties shall be submitted exclusively to the competent court in Spain, except for the possibility for the client to submit the dispute to the Financial Services Disputes Committee in accordance with the possibility referred to in the previous article 6.

Avda. Principe de Asturias 33
03730
Jávea (Alicante)
  • Enjoy Javea
  • Avda. Principe de Asturias 33
  • 03730 Jávea (Alicante)
  • +34653404084
  • +31615251887

© Enjoy Javea 2024

General Terms and Conditions