General Terms and Conditions

Take Down Protocol KeyScout - Hestiva

Hestiva places great importance on protecting the rights of individuals and organizations on the internet and takes all necessary actions to remove unlawful or infringing content or information from its platform. Hestiva follows the procedure outlined below:

1. SUBMISSION OF A REMOVAL REQUEST
If you believe that content or information on our platform is unlawful or infringing, you can submit a removal request to Hestiva. The request must be submitted via the contact form on our website and should include the following information:
- A detailed description of the content or information for which the removal request is being made;
- The reason(s) why the content or information is unlawful or infringing;
- The location of the content or information on our platform;
- Any supporting evidence for the request;
- Your contact details, including name, address, email address, and phone number.

2. ASSESSMENT OF THE REQUEST
Upon receiving the request, Hestiva will assess it and contact you as soon as possible to discuss and verify the request further. Hestiva will also reach out to the person or party who posted the content or information to inform them of the request.

3. REMOVAL OF THE CONTENT OR INFORMATION
If the removal request is granted, Hestiva will remove the relevant content or information from its platform as soon as possible. If necessary, Hestiva will also block access to its platform for the individual or party in question. Hestiva will notify the requesting party of the removal as soon as possible.

4. OBJECTION TO THE REQUEST
If the person or party who posted the content or information objects to the removal request, Hestiva will assess the objection and make a decision. Hestiva will inform the requesting party of the decision as soon as possible.

General part  KeyScout – Hestiva

A. GENERAL PART
A.1 Contact details of KeyScout – Hestiva
Hestiva Real Estate B.V. (Hestiva)
Office address: Mr. G. Groen van Prinstererlaan 88 A, 1181 TR Amstelveen, Netherlands
Tel: +31 85 065 67 58
E-mail: welcome@hestiva.nl
Chamber of Commerce: 74065416
A.2 Definitions and interpretation
A.2.1 Unless explicitly defined otherwise, the following terms, indicated with a capital letter, have the following meanings in expressions of or on behalf of the Provider:
Provider: Hestiva Real Estate B.V., also referred to as Hestiva;
Client: the (legal) person who gives an Assignment to the Provider, to whom the Provider makes an offer, who enters into an Agreement with the Provider, or who uses the Services or a Site.
Consumer: the Client who is a natural person acting for purposes outside their business or professional activities;
Services: all services or products provided by or on behalf of the Provider, including – where applicable – the sale/purchase of products, (intermediation in) the buying or renting of real estate, and access to and use of Sites;
Affiliated Entity: any person or legal entity that (i) directly or indirectly has decisive control over the relevant Party, is under decisive control of the relevant Party, or is under common control with the relevant Party, or (ii) owns the relevant Party, is the owner of the relevant Party, or is co-owned with the relevant Party, where "ownership" is defined as: more than 50% ownership;
KeyScout: the search bot KeyScout that Hestiva offers under these Terms, particularly section C.4 thereof;
Assignment: any assignment to the Provider to provide Services;
Agreement: any agreement between the Provider and Client, such as license agreements, assignment agreements, purchase agreements, including the associated annexes and appendices and any additional conditions that may apply, (commercial) regulations, and information, such as disclaimers regarding calculators and similar personalized information;
Party: where applicable: Provider or Client;
Site: any internet website(s), online (commercial) platform(s), or (mobile) application(s) managed by the Provider, including www.hestiva.nl and the Hestiva app;
Access data: the username, password, and possibly the registration number with which the Client gains access to a restricted and secured area on a Site;
Terms: these general terms and any additional terms of the Provider that apply to any Assignment or Agreement and/or to the use of the Services or a Site;
A.2.2 Where in these Terms, an Agreement, or any other applicable general terms of the Provider the terms "such as", "including", "among others" or similar wording are used, this does not exclude other matters.
A.2.3 The text and definitions of the Dutch version of these Terms are decisive for the interpretation of the Terms and Agreements. In the event of any conflict between the Dutch version and another language version, the Dutch version prevails. All (legal) terms and concepts used in these Terms and in Agreements are interpreted according to Dutch law.
A.3 Applicability and amendment
A.3.1 These Terms apply to all use of the Services and Sites, to all Assignments, to offers and quotations from the Provider, and to all Agreements. These Terms also apply to all actions, omissions included, of third parties engaged by the Provider.
A.3.2 In the event of deviations or contradictions between provisions of an Agreement and provisions of these Terms, the provisions in the Agreement take precedence.
A.3.3 The Client accepts the applicability of these Terms to the exclusion of any general terms used by the Client. If both these and other terms apply to an Agreement, the provisions of these Terms prevail in the event of any conflict, unless it concerns other specific general terms of the Provider, in which case those specific terms take precedence.
A.3.4 If these Terms have been applicable to any legal relationship between the Parties, they automatically apply to all later legal relationships.
A.3.5 The Provider reserves the right to unilaterally amend these Terms and any other applicable general terms. Amendments take effect thirty days after notification to the Client, such as by publishing the new Terms on the Provider's Sites. Furthermore, amendments to and/or additions to these Terms or an Agreement are only binding if expressly and in writing agreed upon and apply only to the specific Agreement for which they have been agreed upon.
A.4 Offer and Agreement
A.4.1 All offers and quotations from the Provider are non-binding. Acceptance thereof is only possible within the specified period. Offers and quotations do not automatically apply to reorders or subsequent services. Obvious mistakes or errors in an offer from the Provider do not bind the Provider.
A.4.2 If the Client makes changes or additions to an offer, quotation, expression, document, form, proposal, or Agreement from the Provider, the offer from the Provider is void, unless such a change is expressly and in writing confirmed by the Provider.
A.4.3 The content of Assignments, orders, statements, and information from the Client as received by the Provider is considered full proof, as long as no counter-evidence is provided to the satisfaction of the Provider, which does not require further substantiation. Input errors and other mistakes made during the Assignment or order are at the expense and risk of the Client. The Provider reserves the right to refuse Assignments or orders without stating reasons.
A.5 Execution of services
A.5.1 The Provider will perform Services and Agreements to the best of its knowledge and ability and in accordance with the standards of good craftsmanship.
A.5.2 If a term or delivery time has been set for the fulfillment of an obligation by the Provider, that term or delivery time is only indicative and never a fatal term. In the event of exceeding a term, the Client must first formally notify the Provider in writing and set a reasonable term for the Provider to still fulfill. Exceeding any term or delivery time does not give the Client the right to compensation, dissolution of the Agreement, or suspension or non-fulfillment of any obligation arising from the relevant Agreement or any other related agreement.
A.5.3 The Provider has the right to have certain work performed by third parties, without notifying the Client. The applicability of Articles 7:404, 7:407 paragraph 2, and 7:409 of the Dutch Civil Code is expressly excluded.
A.5.4 If work is performed by the Provider or third parties engaged by the Provider at the location of the Client or a location designated by the Client, the Client shall provide at no charge the facilities reasonably desired by the relevant employees.
A.5.5 The Provider is entitled to execute an Assignment or Agreement in different phases, and execution or delivery in parts is permitted. The Provider is entitled to invoice the executed or delivered part separately.
A.5.6 The Client is responsible for advisors, agents, or assistants engaged by the Client and ensures that they comply with what is stipulated in an Agreement or the Terms. The Client is not allowed to circumvent or frustrate provisions in an Agreement or the Terms by engaging third parties.
A.5.7 The Client ensures that all data that the Provider indicates are necessary or desired, or that the Client can understand are necessary or desired for the execution of the Services or an Agreement, are provided to the Provider in a timely and complete manner. The Client guarantees the provision of correct, current, and complete data to the Provider at all times. Changes in data must be communicated to the Provider electronically as soon as possible.
A.6 Prices and payment
A.6.1 All monetary amounts communicated by the Provider, including prices and calculations of fees, payments, honoraria, bonuses, additional compensation(s), or costs are, where applicable, exclusive of VAT and other applicable taxes and government levies. The most recently published prices and rates on the Site apply to the Services at the time of invoicing or, if earlier, at the time of charging.
A.6.2 Unforeseen price increases by suppliers of the Provider, whether retroactively or not, changes in exchange rates, import duties, VAT, or statutory wage rounds give the Provider the right to charge the corresponding higher price at its discretion or to dissolve the Agreement.
A.6.3 Payments made by the Client are applied to the satisfaction of (i) due compensations, penalties, interest, and costs and (ii) the longest outstanding invoices.
A.6.4 Invoices must be paid within fourteen (14) days after the invoice date, unless otherwise indicated in writing by the Provider. If the Client has not paid an invoice after this period, the Client (as well as any agreed third-party debtor) is automatically in default, without the need for a formal notice of default.
A.6.5 Payments can also be made directly – if and to the extent that the Provider has provided for this – via a Site (through a payment service provider).
A.6.6 By operation of law, all amounts owed by the Client to the Provider under other invoices or other titles become immediately due and payable in the event of non-payment. The Provider's claim against the Client is also immediately due and payable if the Client changes its legal form, applies for a suspension of payment, is declared bankrupt, proceeds to liquidation, dies, or, in the case of a company, is dissolved or if third parties seize the Client's assets, goods, claims, and/or other assets.
A.6.7 Payments must be made by the Client in euros or other currencies explicitly indicated by the Provider and in accordance with the bank details or payment method(s) indicated by the Provider. Costs for currency conversion or other payment costs are at the expense of the Client.
A.6.8 The Provider reserves the right to charge administration fees, interest, and debt collection costs on overdue payments.

A.11.11 The previous exclusions and limitations of liability apply unabridged to the Provider's Affiliated Entities and to the directors, management, and employees of the Provider and the Provider's Affiliated Entities, who may directly invoke these provisions.
A.11.12 Insofar as the Provider suffers damage as a result of a breach by the contracting parties of the Customer, the Customer shall, in consultation with the Provider, do everything necessary to obtain compensation for this damage.
A.12 Indemnification
A.12.1 The Customer indemnifies the Provider, the Provider's Affiliated Entities, and the directors, management, and employees of the Provider and the Provider's Affiliated Entities (who may directly invoke this provision) against any claims from third parties related to the use of the Services by the Customer. If the Provider or the other mentioned persons are approached by third parties in this regard, the Customer is obliged to assist them both outside and in legal proceedings and to promptly do everything that can be expected in such cases to avoid or at least reduce legal claims or damage to the Provider or the other mentioned persons.
A.12.2 Should the Customer (wholly, partially, or temporarily) fail to take adequate measures regarding its obligations due to the preceding paragraph, the Provider is entitled, at its discretion and without further notice of default, to take such measures itself, possibly on behalf of and at the expense and risk of the Customer. All costs and damages incurred by the Provider and/or the other mentioned persons as a result shall then be borne by the Customer.
A.12.3 The Provider engages third parties for part of its work and execution of the Services, including for compliance and monitoring, payment services, and data storage services. The preceding indemnification obligations also apply to these third parties.
A.13 Termination and Compensation
A.13.1 The Provider may terminate the Agreement in writing with immediate effect, either wholly or partially, or suspend its obligations under the Agreement:
A.13.1.1 If the bankruptcy or suspension of payments of the Customer has been applied for or declared, or if the Customer loses the authority to dispose of (a substantial part of) its assets due to seizure, guardianship, or otherwise;
A.13.1.2 In the event of (announcement of) dissolution, termination, merger, division, or transfer of (a substantial part of) the Customer's business or legal entity;
A.13.1.3 In the event of any form of (potential) fraud or violation of legal obligations, including (possibly) deception, misrepresentation, intentional disadvantage, or (in form or effect) comparable actions by, on behalf of, or for the benefit of the Customer, or indirectly by or for third parties;
A.13.1.4 In the event of total or partial failure by the Customer to comply with obligations towards the Provider. To the extent that the Customer is not already in default, the Provider may only terminate the Agreement after the Customer has been given a reasonable period for compliance and compliance is not forthcoming within this period;
A.13.1.5 In the event of such a change in laws or regulations, case law, or (semi-)government policy that compliance can no longer reasonably be required of the Provider.
A.13.2 In the event of termination of the Agreement, the Customer shall compensate the Provider for the damage suffered by the Provider due to the termination, including the costs of reversal.
A.13.3 Upon termination, all claims of the Provider or its Affiliated Entities against the Customer shall become immediately due and payable.
A.13.4 In the event of termination of an Agreement, the Provider is entitled to decide not to execute the Orders given by the Customer that have not yet been executed or settled, at its discretion (in whole or in part).
A.14 Force Majeure
A.14.1 In the event of force majeure, the Provider, without prejudice to its other rights, has the right to suspend the performance of the Agreement without judicial intervention, or to terminate the Agreement in whole or in part, without the Provider being obliged to pay any compensation.
A.14.2 Force majeure is understood to mean, in addition to what is included in the law and jurisprudence, all external causes, foreseen or unforeseen, over which the Provider has no influence, and as a result of which the Provider is unable to fulfill its obligations. In any case, force majeure includes: war, threat of war, civil war, riots, epidemics, pandemics, flooding, water damage, vandalism, fire, transport difficulties, unforeseen technical complications, business disruptions, and strikes at the Provider or at its suppliers and poor performance by the Provider's suppliers.
A.14.3 If the Provider has partially fulfilled its obligation arising from an Agreement in a situation of force majeure, the Provider is entitled to invoice the already performed services, and the Customer is obliged to pay this invoice as if it were a separate transaction.
A.15 Confidentiality
A.15.1 If and to the extent that, in the execution of the Agreement, information from one Party comes to the knowledge of the other Party and this information is designated as confidential orally or in writing, or of which the receiving Party could reasonably understand that it should be considered confidential, the receiving Party shall keep this information strictly secret, use it only for the execution of the Agreement, and restrict access to that information to persons who need to know it for that purpose. The receiving Party ensures that these persons are obliged to maintain confidentiality of this confidential information by an employment contract and/or a confidentiality agreement. Confidential information does not include: information that was already public at the time it came to the knowledge of the receiving Party or subsequently became public without the fault of the receiving Party, or that the receiving Party received from a third party without any confidentiality obligation being imposed or that third party being obliged to do so.
A.16 Privacy
A.16.1 The Provider shall perform the Services, execute Agreements, and process any personal data of the Customer in accordance with the Provider's Privacy Statement and applicable privacy and data protection legislation.
A.16.2 By accepting an Agreement or the Terms, each Customer, person, or legal entity or entities always allows the Provider to share their personal, payment, and transaction data in whole or in part with Stichting De Bewaarder (as data processor and/or payment office) and in relation to all other entities with which the Provider is connected in a group or to its Affiliated Entities, and in relation to all other entities with which the Provider is (contractually) connected, and grants these (legal) persons also permission to conclude agreements with third (legal) persons or parties regarding ATF / AML compliance (monitoring) services, payment service providers, and data storage services due to their operations and these personal data. The Provider will mention such parties – which may change from time to time – where possible on its Site or in its Privacy Statement.
A.16.3 If the Provider deems it necessary at any time, the Parties shall enter into a further (processor) agreement to regulate their legal relationship regarding the processing of personal data of third parties.
A.16.4 Telephone conversations of or with the Provider may be recorded for quality monitoring and improvement of the continuity of service.

A.17 Penalty
A.17.1 For each complete or partial breach by the Customer of any provision in Articles A.8, A.15, C.2.2, C.2.3 and/or C.2.4, the Customer shall owe a penalty of €5,000, which is immediately due and not subject to mitigation, plus an additional penalty of €500 for each day, including any part of a day, that the breach continues while ceasing the breach is not impossible, without prejudice to the Provider's right to claim full compensation for damages.
A.18 Warranty Provisions
A.18.1 If and to the extent that warranty provisions apply due to the delivery of products/goods, these will be included in a separate Agreement. In the absence of such an Agreement, there will be no warranty or conformity obligation on the part of the Provider.
A.19 Payment and Settlement in Cryptocurrency or Token/(App) Credits
A.19.1 The Consumer has the option, in cases where the Provider allows it, to pay the Provider in cryptocurrency or in token/(app) credits.
A.19.2 The Provider is always entitled, at its discretion, to settle all its (financial) obligations, including all payment obligations, in principal, interest or any other form of (repayment) or compensation in Hytar cryptocurrency at an exchange rate of EUR 5 (five euros) for each Hytar, or in HT tokens/credits as 'electronic/digital representation of value' or app credits at an exchange rate of EUR 0.05 (five euro cents) for each HT, based on an Agreement.
A.19.3 Within the group of companies to which the Provider belongs, there is a continuous flow of capital between its holding company, all its subsidiaries, joint ventures, partnerships, foundations, and participations. All cash flows within this group, or with a third party with whom they can conduct transactions at any time, can be expressed, converted, and settled in this own Hytar cryptocurrency (or HT tokens/credits), in whole or in part, as it will be created at its discretion by the holding of the group (or another (group) entity). Such conversion is also possible in or from any other assets of/within the group, including real estate, any other fiat or cryptocurrency or token, or digital representation thereof, or in or from securities or securities held or issued by a group company.
A.20 Applicable Law and Competent Court
A.20.1 All legal relationships in which the Provider is a Party, including any Agreement concluded between the Provider and the Customer, shall be governed exclusively by Dutch law, even if an obligation is wholly or partially performed abroad or if the Customer resides there.
A.20.2 The court in the Provider's place of establishment shall have exclusive jurisdiction to hear disputes relating to or arising from an Agreement or the Terms. Nevertheless, the Provider has the right to submit the dispute to the competent court according to the law.
A.20.3 The Provider and the Customer shall only resort to the court after they have reasonably endeavored to resolve a dispute through mutual consultation. This does not affect the possibility of filing a claim for a provisional measure.
A.21 Other Provisions
A.21.1 If any provision in these Terms or in an Agreement is declared void or annulled, this shall not affect the validity and applicability of the other provisions. The void or annulled provision shall be replaced by a provision that is not void or annulable and that comes as close as possible in content and consequences to the void or annulled provision.
A.21.2 Waiver of rights is only possible through an explicit and written declaration.
A.21.3 An Agreement constitutes the entire agreement between the Parties regarding the subject matter and replaces, unless explicitly agreed otherwise therein, all prior oral or written agreements between the Parties in this regard.
A.21.4 The Provider is entitled to transfer (the rights and obligations arising from) an Agreement in whole or in part (i) to companies affiliated with the Provider in a group, (ii) to third parties together with the Provider's business or (iii) in the event of a merger. The Customer is not permitted to transfer (rights or obligations arising from) the Agreement to a third party without the prior written consent of the Provider.
A.21.5 An Agreement binds the Customer as well as its respective successors under general or special title (regarding applicable law).
A.21.6 If there is uncertainty about the interpretation of one or more provisions of an Agreement or these Terms, or if a situation arises that is not regulated in the Agreement or these Terms, the interpretation shall take place according to the spirit and purpose of the relevant Agreement.
A.21.7 Mail addressed to the Provider must be sent to the Provider's PO Box address unless the Parties have explicitly and in writing agreed otherwise.
B. CONSUMERS
The following provisions apply in the event that the Customer is a Consumer. In the event of a conflict between these provisions and the provisions in the General part of these Terms, the provisions in the following part shall take precedence.
B.1 Amendment
B.1.1 If any amendment to these Terms is to the detriment of the Consumer, the Consumer has the right to terminate the Agreement as of the date of the amendment's entry into force.
B.2 Offer and Acceptance
B.2.1 If a Consumer has accepted an offer from the Provider electronically, the Provider shall promptly confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the Provider, the Consumer may dissolve the Agreement.
B.3 Deviations from the General Part
B.3.1 The following provisions in the General part of these Terms shall not apply to Consumers, or shall be amended as follows:
B.3.1.1 The first sentence of Article A.4.3;
B.3.1.2 The last sentence of Article A.5.2;
B.3.1.3 Article A.6.9; and
B.3.1.4 Article A.13.2 applies only to the extent that the dissolution is the result of a breach of contract by the Consumer.
B.4 Duration Agreements
B.4.1 The Consumer may terminate an Agreement that has been entered into for an indefinite period and which is intended for the regular delivery of products or services at any time, subject to a notice period of one month.
B.4.2 The Consumer may terminate an Agreement that has been entered into for a definite period and which is intended for the regular delivery of products or services at any time at the end of the definite term, subject to a notice period of one month.
B.4.3 The Consumer may terminate the agreements mentioned in the previous sections (i) at any time and not be limited to termination at a specific time or within a specific period; (ii) at least terminate in the same manner as they were entered into; (iii) always terminate with the same notice period as the Provider has stipulated for itself.
B.4.4 If an Agreement has a duration of more than one year, the Consumer may terminate the Agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
B.5 Price and Payment
B.5.1 During the validity period mentioned in the offer, the prices of the offered services shall not be increased, except for price changes resulting from changes in VAT rates.
B.5.2 Notwithstanding the previous paragraph, the Provider may offer products or services whose prices are subject to fluctuations in the financial market and over which the Provider has no influence, at variable prices. This dependence on fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer.
B.5.3 Price increases within 3 months after the conclusion of the Agreement are only permitted if they result from legal regulations or provisions.
B.5.4 Price increases after 3 months from the conclusion of the Agreement are only permitted if the Provider has stipulated this and (i) they result from legal regulations or provisions; or (ii) the Consumer has the right to terminate the Agreement as of the day the price increase takes effect.
B.5.5 The prices mentioned in the offer of products or services are inclusive of VAT.
B.5.6 If the Consumer fails to meet his payment obligation(s) in a timely manner, he shall owe statutory interest on the outstanding amount after being pointed out by the Provider about the late payment and after the Provider has granted the Consumer a period of 14 days to fulfill his payment obligations, following which the Consumer shall owe statutory interest on the outstanding amount after the expiration of this 14-day period, and the Provider shall be entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the subsequent €2,500; 5% on the next €5,000; 1% on the subsequent €190,000; and 0.5% on the amount above, with a minimum of €40. The Provider may deviate in favor of the Consumer from the mentioned amounts and percentages.
B.6 Right of Withdrawal for Distance Selling
For services and digital content not delivered on a tangible medium:
B.6.1 The Consumer may dissolve a services agreement and an agreement for the delivery of digital content not delivered on a tangible medium within at least 14 days without stating reasons. The reflection period begins on the day following the conclusion of the Agreement.
For products:
B.6.2 The Consumer may dissolve an agreement regarding the purchase of a product within a reflection period of at least 14 days without stating reasons. The reflection period begins on the day after the Consumer, or a third party designated by the Consumer who is not the carrier, has received the product, or: (i) if the Consumer has ordered multiple products in the same order: the day on which the Consumer, or a third party designated by him, has received the last product. The Provider may refuse an order of multiple products with different delivery times, provided that he has clearly informed the Consumer about this prior to the ordering process; (ii) if the delivery of a product consists of multiple shipments or parts: the day on which the Consumer, or a third party designated by him, has received the last shipment or the last part; (iii) in the case of agreements for regular delivery of products over a certain period: the day on which the Consumer, or a third party designated by him, has received the first product.
B.6.3 During the reflection period, the Consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to ascertain the nature, characteristics, and functioning of the product. The principle here is that the Consumer may only handle and inspect the product as he would be allowed to do in a shop. The Consumer is only liable for depreciation of the product resulting from handling the product that goes beyond what is permitted as stated above.
B.6.4 As soon as possible, but within 14 days from the day following the notification by the Consumer that he is exercising the right of withdrawal, the Consumer shall return the product, or hand it over to (an authorized representative of) the Provider. This is not necessary if the Provider has offered to collect the product himself. The Consumer has complied with the return period if he returns the product before the reflection period has expired.
B.6.5 The Consumer returns the product with all supplied accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the Provider.
B.6.6 The Consumer bears the direct costs of returning the product. If the Provider has not stated that the Consumer must bear these costs or if the Provider indicates that he will bear the costs himself, the Consumer does not have to bear the return costs.
B.6.7 The Provider shall reimburse all payments made by the Consumer, including any delivery costs charged by the Provider for the returned product, without delay, but in any case no later than 14 days from the day on which the Provider is informed of the decision of the Consumer to withdraw from the Agreement. The Provider will use the same payment method for reimbursement as the one used by the Consumer, unless the Consumer agrees to a different method.
B.6.8 If the Consumer has chosen a more expensive delivery method than the cheapest standard delivery, the Provider does not have to reimburse the additional costs for the more expensive method.
B.7 Exclusion of the Right of Withdrawal
B.7.1 The Provider may exclude the right of withdrawal for the following types of contracts: (i) contracts for the supply of services, once the service has been fully performed, if the performance has begun with the express consent of the Consumer and the Consumer has acknowledged that he loses his right of withdrawal once the contract is fully performed; (ii) contracts for the supply of products or services whose price depends on fluctuations in the financial market over which the Provider has no control, and which may occur during the withdrawal period; (iii) contracts for the supply of products made to the Consumer's specifications or that are clearly personalized; (iv) contracts for the supply of sealed products that are not suitable for return for reasons of health protection or hygiene and where the seal has been broken after delivery; (v) contracts for the supply of products that are, by their nature, inseparably mixed with other items after delivery.
B.8 Conditions for Use of the Platform
B.8.1 The Consumer is obliged to observe and comply with the instructions, manuals, terms and conditions, and/or codes of conduct of the Provider with regard to the use of the Platform.
B.8.2 The Consumer is responsible for keeping his login credentials and/or access codes strictly confidential.

General:
B.6.8 If the Provider has not provided the Consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period established in accordance with the previous paragraph.
B.6.9 If the Provider has provided the information referred to in the previous paragraph to the Consumer within twelve months from the start date of the original reflection period, the reflection period expires 14 days after the day on which the Consumer received that information.
B.6.10 If the Consumer exercises their right of withdrawal, they must notify the Provider within the reflection period using the model withdrawal form or in another unambiguous manner. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.
B.6.11 If the Consumer withdraws after having expressly requested that the performance of the Service begins during the reflection period, the Consumer owes the Provider an amount proportional to that part of the obligation that has been fulfilled by the Provider at the time of withdrawal, compared to the full performance of the obligation.
B.6.12 The Consumer incurs no costs for the execution of Services if (i) the Provider has not provided the Consumer with the legally required information about the right of withdrawal, the cost reimbursement upon withdrawal, or the model withdrawal form, or (ii) the Consumer has not expressly requested the commencement of the execution of the Service during the reflection period.
B.6.13 The Consumer incurs no costs for the full or partial delivery of digital content not delivered on a tangible medium, if (i) they have not expressly agreed to the commencement of the performance of the Agreement before the end of the reflection period, (ii) they have not acknowledged that they lose their right of withdrawal by granting their consent; or (iii) the Provider has failed to confirm this statement from the Consumer.
B.6.14 If the Consumer exercises their right of withdrawal, all supplementary agreements are automatically dissolved.
B.6.15 The Provider uses the same payment method for refunds that the Consumer used, unless the Consumer agrees to a different method. The refund is free of charge for the Consumer. If the Consumer has chosen a more expensive delivery method than the cheapest standard delivery, the Provider does not have to refund the additional costs for the more expensive method.
B.6.16 The Provider may exclude the following products and services from the right of withdrawal, but only if the Provider has clearly stated this in the offer, at least in a timely manner before the conclusion of the Agreement:
B.6.16.1 Products or services whose price is linked to fluctuations in the financial market that the Provider cannot influence and which may occur within the withdrawal period;
B.6.16.2 Agreements concluded during a public auction;
B.6.16.3 Service agreements, after full execution of the service, but only if (i) the execution has begun with the express prior consent of the Consumer; and (ii) the Consumer has declared that they lose their right of withdrawal as soon as the Provider has fully executed the agreement;
B.6.16.4 Products manufactured according to the Consumer's specifications, which are not prefabricated and which are produced based on an individual choice or decision of the Consumer, or which are clearly intended for a specific person;
B.6.16.5 Products that have been irrevocably mixed with other products after delivery due to their nature;
B.6.16.6 The delivery of digital content other than on a tangible medium, but only if (i) the execution has begun with the express prior consent of the Consumer; and (ii) the Consumer has declared that they lose their right of withdrawal.
B.7 Competent Court
B.7.1 Regarding Consumers, the competent court in the Provider's place of establishment is authorized to take cognizance of disputes related to or arising from an Agreement or the Terms, unless the Consumer chooses a court that is competent according to the law within one month after the Provider has invoked this provision in writing.
C. OUR WEBSITES AND APPS
The following provisions apply in the event that the Customer uses www.hesmaakt from one of our Sites, such as www.hestiva.nl or the Hestiva mobile app. In the event of a conflict between these provisions and the provisions in the General part A of these Terms, the provisions in this part C take precedence. To the extent that the Customer is a Consumer, the provisions of part B also apply, which take precedence over the provisions in this part C in case of conflict.
C.1 Account and Access Data
C.1.1 To optimally use some of the Sites, the Customer must create an account in the manner described on the Site. The Customer warrants to the Provider that the information provided when creating the account is complete, truthful, and accurate. It is not permitted to create an account in someone else's name and/or provide false information.
C.1.2 During registration, the Customer must provide Access Data, which can be used to access the account. The Customer will maintain the used email address or notify the Provider in advance by email of any changes.
C.1.3 The Customer is responsible for keeping the Access Data confidential. Any use of the Site using the Access Data is at the Customer's own expense. The Customer is therefore liable for all use made via the Access Data of the Site and bound by the (legal) acts or statements made using their Access Data via the Site.
C.1.4 As soon as the Customer knows or has reason to suspect that the Access Data has come into the hands of unauthorized persons, the Customer must inform the Provider, without prejudice to their own obligation to take immediate effective measures, such as changing the password.
C.1.5 The Customer is responsible for the proper use and security of their (email) communication to and from the Site.
C.1.6 The Provider reserves the right to change the login procedure and the Access Data if it deems this necessary in the interest of the functioning of the Site.
C.2 Use and Availability of the Sites
C.2.1 The Customer accepts that the Sites only contain the functionality and other features as the Customer finds on the Site at the time of use ("as is basis"). The Provider expressly excludes any explicit and implied guarantees, promises, and indemnities of any kind, including but not limited to, guarantees, promises, and indemnities regarding the quality, safety, legality, integrity, and accuracy of the Site.
C.2.2 The Customer guarantees that when using the Site (i) they will not use robots, spiders, scrapers, or other applications, (ii) will not perform actions that impose an unreasonable and/or disproportionate burden on the infrastructure of the Site and/or hinder the functionality of the Site, and/or (iii) will not use applications that monitor the Site and/or copy parts of the Site.
C.2.3 Customers must comply with all applicable laws and regulations when using the Sites and potentially entering into agreements that arise from them. This includes the Regulation on housing and room mediation agencies 2013. Customers must act in accordance with all these laws and regulations, particularly concerning the aforementioned Regulation when the object to be (sub)let is located in Amsterdam or the surrounding region.
C.2.4 The Customer is not permitted to use the Site for unlawful, immoral, or criminal acts, or threats thereof. The Customer will refrain from all actions that may cause damage or unlawful hindrance to the Provider or any other customer, internet user, or third party, or that may in any way infringe the rights of the Provider or third parties.
C.2.5 The Customer is not permitted to (i) copy (parts of) the Site or documentation of the Provider, (ii) approach any other customer or user of the Site for their own commercial purposes or the commercial purposes of third parties, other than for which the Site is intended, or (iii) misuse the functions on the Site.
C.2.6 The Customer is obliged to behave responsibly and carefully and to promptly comply with all reasonable instructions from the Provider and/or generally published best practices intended for safe and lawful (internet) use of the Site.
C.2.7 The Provider is always entitled to suspend or terminate access to or use of the Site in special cases – if it deems there is reason to do so – such as in the event of (threatened) violation of these Terms or the rights of the Provider or third parties or (threatened) damage, without the Provider being liable to pay any damages or compensation to the Customer due to such suspension or termination.
C.2.8 The Customer indemnifies the Provider against claims from third parties based on the assertion that the activities performed by the Customer using the Site are in any way unlawful.
C.2.9 The Provider does not guarantee that the Site is accessible at all times and without interruptions or disturbances. Disturbances in the Site may also occur, but not exclusively, as a result of disturbances in the internet or telephone connection or due to viruses or errors/defects. The Provider is in no way liable or obliged to compensate the Customer for any damage arising from or resulting from the (temporary) unavailability or (intermittent) failure of the Site.
C.2.10 The Provider has the right to take all measures necessary to secure its (computer) systems, communication means, organization, customers or clients, and any third parties against unacceptable behavior – in any form – by specific users.
C.2.11 When using calculators or (similar) personalized information on (the secured part of) the Site, the Customer agrees to the disclaimers, limitations, exclusions, and restrictions indicated on that part.