Terms of service

English

Article 1 – Definitions

1.1 In these general terms and conditions, the following definitions apply:

  • "Supplier": Peak Perform, established in the Netherlands.

  • "Customer": any natural person or legal entity that enters into an agreement with the Supplier.

  • "Agreement": the contract between the Supplier and the Customer for the provision of goods and/or services.

  • "Goods": all products delivered by the Supplier under the Agreement.

  • "Services": all services provided by the Supplier under the Agreement.

  • "Written": communication by letter, email, or any other means agreed upon.

Article 2 – Applicability

2.1 These general terms and conditions apply to all offers, agreements, and deliveries of the Supplier, unless explicitly agreed otherwise in writing.

2.2 Any terms and conditions of the Customer are explicitly rejected.

2.3 If one or more provisions of these general terms and conditions are void or annulled, the remaining provisions shall remain in full force.

Article 3 – Offers and Agreements

3.1 All offers from the Supplier are without obligation, unless explicitly stated otherwise.

3.2 An agreement is concluded at the moment the Customer accepts an offer from the Supplier and the Supplier confirms this acceptance in writing.

3.3 Changes to the Agreement are only valid if confirmed in writing by the Supplier.

Article 4 – Prices and Payment

4.1 All prices are inclusive of VAT and other government levies, unless stated otherwise.

4.2 Payments must be made within 7 days after the invoice date, unless agreed otherwise in writing.

4.3 If the Customer fails to pay on time, they are legally in default and owe statutory interest. Collection costs incurred by the Supplier are borne by the Customer.

Article 5 – Delivery and Risk Transfer

5.1 Delivery times are indicative and not strict deadlines, unless explicitly agreed otherwise.

5.2 The risk of the goods transfers to the Customer at the moment of delivery.

5.3 If the Customer refuses to take delivery or fails to provide necessary information or instructions for delivery, the Supplier is entitled to store the goods at the Customer's expense and risk.

Article 6 – Retention of Title

6.1 All goods delivered by the Supplier remain the property of the Supplier until the Customer has fulfilled all obligations under the Agreement.

6.2 The Customer is not entitled to pledge or encumber goods subject to retention of title.

Article 7 – Complaints and Warranty

7.1 The Customer must inspect the delivered goods/services immediately upon receipt. Complaints must be reported in writing within 14 days.

7.2 If a complaint is justified, the Supplier will either repair or replace the delivered goods or provide a refund.

7.3 The warranty does not apply in case of improper use or external causes beyond the Supplier’s control.

Article 8 – Liability

8.1 The Supplier’s liability is limited to the invoice value of the relevant delivery.

8.2 The Supplier is not liable for indirect damages such as consequential loss, lost profits, or business interruption.

8.3 The limitations of liability do not apply in case of intent or gross negligence by the Supplier.

Article 9 – Force Majeure

9.1 The Supplier is not obliged to fulfill any obligation if prevented due to force majeure.

9.2 Force majeure includes, but is not limited to, natural disasters, war, strikes, and governmental measures.

9.3 If the force majeure situation lasts longer than Force Majeure Period, both parties may terminate the Agreement without obligation to compensate damages.

Article 10 – Termination

10.1 The Supplier may terminate the Agreement with immediate effect if the Customer fails to fulfill their obligations.

10.2 Upon termination, all outstanding amounts become immediately due and payable.

Article 11 – Governing Law and Disputes

11.1 These general terms and conditions are governed by the laws of the Netherlands.

11.2 Disputes shall be submitted to the competent court in the Netherlands.

Article 12 – Final Provisions

12.1 The Supplier may amend these terms and conditions. The latest version is always applicable.

12.2 The Customer cannot transfer rights and obligations under the Agreement to third parties without the Supplier’s prior written consent.