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. Revocation
Article 8. Obligations of the Parties in the event of withdrawal
Article 9. Termination, dissolution and termination
Article 10. Liability
Article 11. Force of the majority
Article 12. Guarantee
Article 13. Payment and billing
Article 14. Delivery
Article 15. Transfer
Article 16. Complaints scheme
Article 17. Retention of title and transfer
Article 18. Intellectual property
Article 19. Applicable law and choice of forum
Article 20. Survival
Article 21. Modification or replenishment

Article 1. Definities

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

1.1 Maboba : The undertaking defined in Article 2 of these general conditions;
1.2 Consumer : The natural person who is not acting for purposes related to his trade, business, craft or professional activity;
1.3 Other Party : The party with which Maboba has concluded an Agreement. This also refers to the person who enters or is in negotiations with Maboba about this, as well as his representative(s) or authorized representative(s).
1.4 Party (s) : Mutual and Maboba jointly or as an individual contracting party;
1.5 In writing : By e-mail or written;
1.6 Distance Agreement : An Agreement concluded between Maboba and the Consumer in the framework of an organised system for remote sales of products and services, digital content and/or services, using exclusively or partly one or more remote communication techniques until the conclusion of the Agreement;
1.7 Thinking Time : The period within which the Consumer may make use of his Right of withdrawal;
1.8 Right of withdrawal : The ability of the Consumer to renounce the Remote Agreement within the Thinking Time;
1.9 Sustainable data carrier : Any tool-including also understood email-that enables the Consumer or Maboba to store information addressed to them personally in a way that would allow future consultation or use over a period of time tailored to the purpose for which the information is intended, And allowing unaltered reproduction of the stored information;
1.10 Day : Calendar day;
1.11 Technique for remote communication : Means that can be used to conclude an Agreement, without requiring Consumers and Maboba to converge simultaneously in the same space.

Article 2. Identity of Maboba

Maboba B.V. trading as The BlueWave Collective:

Establishment Address:

Joeppe 24
5991 LT Baarlo
The Netherlands

Contact details:

E-mailadres: Info@thebluewavecollective.com
KvK 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 contract concluded between Maboba and the Other Party.
3.2 Before the Distance Contract 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 Contract is concluded, the text of these general terms and conditions can be made available to the Other Party electronically in such a way that it can be easily stored by the Other Party on a Durable data carrier. If this is not reasonably possible, before the Agreement is concluded, it will be indicated 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 and in writing, the applicability of other (general) terms and conditions is excluded.
3.5 Deviations 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 grounds of reasonableness and fairness or the unreasonably onerous nature, the relevant provision shall in any case have as much similar meaning as possible in terms of content and scope, so that it can be invoked.
3.7 Maboba is entitled to engage third parties for the execution of the Agreement.
3.8 Information and announcements on the Maboba website are subject to (typing) errors.
3.9 Maboba will only process the data of the Other Party in accordance with its privacy policy. 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 made subject to conditions, this will be explicitly 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 The Agreement is concluded, subject to the provisions of paragraph 2, at the time of acceptance by Maboba of the offer and (possibly) compliance with the conditions set therein.
5.2 Maboba may, within the legal frameworks, be informed whether the Other Party can meet its payment obligations, as well as all facts and factors that are important for a responsible conclusion of the Distance Contract. If, on the basis of this investigation, Maboba has good reasons not to enter into the Agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5.3 If the Agreement is concluded electronically, Maboba will take appropriate technical and organizational measures to secure the electronic transfer of data and 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 annulled, this does not affect the validity of the entire general terms and conditions or Agreement. The parties enter into consultations in order to agree on a new provision to replace the void or annulled provision, taking into account as much as possible the purpose and scope of the void or annulled provision.
5.5 Agreed delivery times are always indicative terms. The deadlines for delivery are not strict deadlines. Exceeding a term explicitly gives the Other Party no Right to compensation. Maboba is, even with an agreed deadline, only in default after the Other Party has given him written notice of default, except in the situations prescribed by law in which the default occurs by operation of law.
5.6 Maboba will send the following information at the latest upon delivery of the product and/or services to the Other Party, 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 way 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 guarantees and existing after-sales service;
• the price including all taxes and levies by the government, the method of payment, delivery and/or execution of the Distance Contract;
• if and where applicable: the costs of delivery;

5.7 If there is an extended transaction, the obligation in Article 5.6 only applies to the first delivery.

Article 6. Prices

6.1 All amounts are-unless otherwise agreed-in euros and including 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 may 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 link to fluctuations and the fact that any prices stated are target prices are - if applicable - stated in the offer.
6.4 All prices mentioned by Maboba are subject to typing and calculation errors.
6.5 Discounts and quoted amounts do not automatically apply to future orders.

Article 7. Herroeping

7.1 The Consumer may dissolve an Agreement relating to a purchase of a product and/or service during a cooling-off period of 100 (one hundred) days without giving any reason. Maboba may ask the Consumer for the reason for withdrawal, but may 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 a Service Agreement: the day on which the Agreement is concluded. The right of withdrawal expires when 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 goods.

7.3 If the products and/or services offered by Maboba are specifically tailored to a counterparty acting as a Consumer, the right of withdrawal is excluded on the basis of this article for such tailor-made products and/or services.
7.4 Furthermore, the following is excluded from invoking the right of withdrawal:

• 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 execution has started with the express prior consent of the Consumer; and
• the Consumer has stated that he loses his right of withdrawal as soon as Maboba has fully executed 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 for return for reasons of health protection or hygiene and of which the seal has been broken after delivery.

7.5 During the cooling-off period of 100 (one hundred) days, the Consumer will handle the product and 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 take care of returning the product. The Consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by Mboba.
7.7 The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer. Any damage will be deducted from the amount to be refunded.
7.8 If the Consumer exercises his right of withdrawal, he can return the item free of charge, provided that use is made of the return option offered by Maboba.
7.9 Unless otherwise agreed, the right of withdrawal is explicit not Applicable if the other party is not a consumer.
7.10 If the Consumer returns the product to Maboba in a way other than the method of return prescribed by Maboba, this return will be at the expense of the Consumer himself.
7.11 In order to exercise the right of withdrawal, the Consumer must inform Maboba of his decision to exercise the right of withdrawal by means of an unambiguous Written statement. The Consumer must send the communication regarding the exercise of his right of withdrawal before the period for this has expired.

Article 8. Obligations of the Parties in the event of revocation

Maboba:

8.1 Maboba undertakes to provide reasonable and clear instructions regarding the withdrawal and the conditions or regulations set therein.
8.2 If Maboba enables the Consumer's notification of withdrawal electronically, he will immediately send a confirmation of receipt upon receipt of this notification.
8.3 If the Consumer has paid an amount, the Maboba will refund this amount as soon as possible, but within 14 days after the return or withdrawal. Unless Maboba offers to collect the product himself, he may wait with the refund until he has received the product or until the Consumer demonstrates that he has returned the product, whichever is earlier.
8.4 Maboba uses the same means of payment that the Consumer has used for the refund, unless the Consumer agrees to another method. The refund is free of charge for the Consumer.
8.5 If the Consumer has chosen a more expensive method of delivery than the cheapest standard delivery, Maboba does not have to refund the additional costs for the more expensive method.

Consument:

8.6 During the cooling-off period, the Consumer will handle the product and 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 here is that the Consumer may only handle and inspect the product as he would be allowed to do in a store.
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 depreciation 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 termination

9.1 The Agreement ends by operation of law when the services thereof have been delivered back and forth.
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 terminated in writing.
9.3 A Continuing Performance 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 extended 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 fulfil one or more of its obligations, fails to fulfil them on time or properly, is declared bankrupt, applies for (provisional) suspension of payments and/or postponement of payment, proceeds to liquidate its company, as well as when its assets are seized in whole or in part, Maboba has the right to suspend the execution of the Agreement or to cancel the Agreement by operation of law and without prior notice of default or partially by terminating and/or dissolving a Written Statement, at its discretion and always retaining any right to compensation for costs, damage and interest.
9.5 If the Agreement is dissolved, Mobiba's claims against the Other Party are immediately due and payable.

Article 10. Liability

In case the Other Party is a Consumer:

10.1 The total liability of Maboba is limited to compensation for the 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 Mboba'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 to the total of fees (excluding VAT) of the past 6 (six) months prior to the damaging event.
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, the total liability of Maboba will be limited to compensation for damage up to a maximum of the amount involved in the Agreement (excluding VAT). Under no circumstances, however, will the total compensation for that damage exceed the amount paid out by Maboba's liability insurance.
10.6 Liability of Maboba for indirect damage, including consequential damage, loss of profit, missed 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 to the total of fees (excluding VAT) of 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 execution of the Agreement.
10.9 Direct damage is understood to mean:

• reasonable costs that the Other Party would have to incur in order for Mboba's performance to comply 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 limitations of damage within the meaning of these terms and conditions.

General provisions on liability:

10.10 The liability of Maboba due to attributable shortcomings in the performance of the Agreement only arises if the Other Party immediately and properly gives Maboba written notice of default, setting a reasonable period to remedy the shortcoming, and Maboba continues to fail imputably in the fulfillment of its obligations even after that period. The notice of default must contain as detailed a description of the shortcoming as possible, so that Maboba is able to respond adequately.
10.11 A condition for the creation 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 whatever nature, because Maboba has assumed 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 Civil Code.
10.14 Liability for delays, errors or any damage (in any form whatsoever), caused by a defective product and/or by repairs made by Maboba or a repairer appointed by him, is expressly excluded, insofar as the liability does not arise from statutory provisions of mandatory law.

Article 11. Force majeure

11.1 In addition to the provisions of Article 6:75 of the Civil Code, a shortcoming of Maboba in the fulfillment of any obligation towards the Other Party cannot be attributed to Maboba in the event of a circumstance independent of the will 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 required of Mathova. These circumstances include non-performance by suppliers or other third parties, (power) failures, computer viruses, extreme weather conditions, fire (danger), (imminent) danger of war, pandemics, epidemics, quarantines, absenteeism, incapacity for work, strikes, government measures and the malfunctioning of bicycles and equipment with which the products are transported or assembled.
11.2 If a situation as referred to in paragraph 1 of this article arises as a result of which Maboba cannot meet its obligations towards the Other Party, those obligations will be suspended as long as Maboba cannot meet its obligations. If the situation referred to in the previous sentence has lasted 30 (thirty) calendar days or if it is 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 compensate for any damage, 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 proportionately, without the parties owing each other anything.

Article 12. Guarantee

12.1 Maboba guarantees that the products and/or services comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement.
12.2 If a defect occurs within the indicated warranty period, either repair or replacement of the defective product or crediting the consumer's payment will be carried out at the choice of the entrepreneur. If repair is carried out, to be carried out by the entrepreneur. Does the consumer bear the costs for the delivery and collection of the product unless otherwise agreed
12.3 When it is agreed that Maboba will send a replacement part by post/courier, the defective part must first be sent or brought 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 different defect than, for example, normal wear and tear;
• changes have been made to the product by others than Maboba or a repairer designated by him or has been repaired by them;
• there are slight 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, which are used for repair, can be either new or remanufactured parts. Parts that are replaced by a repair become the property of Maboba.
12.7 The warranty provisions are not transferable and are only valid for products and/or services provided by Mobiba.

Article 13. Payment and invoicing

13.1 Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, 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 period starts 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 report inaccuracies in provided or stated payment details to Maboba without delay.
13.4 The Other Party is in default from the expiry of the agreed payment date applicable to it. Maboba will - if applicable - send a payment reminder after the expiry of that date and give the Other Party the opportunity to pay within 14 days of receipt of this payment reminder.
13.5 If payment has still not been made after the payment reminder has expired, judicial or extrajudicial collection may be carried out. The costs reasonably incurred for this are at the expense of the Other Party. Maboba is also entitled, in the case of a Consumer, to charge the statutory interest and in the case of another Other Party to charge the statutory commercial interest, 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, the claims of Maboba against the Other Party are immediately due and payable.

Article 14. Levering

14.1 Maboba will take the greatest possible care when receiving and executing orders for products and when assessing requests 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 the 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 he has placed the order. In that case, the Consumer also has the right to dissolve the Agreement at no cost.
14.4 In the event of dissolution according to 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 make every effort to make a replacement item available. At the latest upon delivery, it will be reported in a clear and understandable 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 at the expense 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 otherwise agreed.
14.8 In principle, the Other Party is obliged to purchase the products at the moment that Maboba delivers them to him or has them delivered. If the Other Party refuses to take delivery, is not present at the time of the (delivery) delivery or is negligent in providing information or instructions that are necessary for the (delivery) delivery, as a result of which a new delivery moment must be realized, Maboba is entitled to carry out this delivery (or have it carried out) on behalf of the Other Party.

Article 15. Transfer

15.1 A party's rights under this Agreement may not be transferred without the prior written consent of the other party. This provision applies as a clause with property law effect as referred to in Article 3:83 paragraph 2 of the Dutch Civil Code.

Article 16. Complaints scheme

16.1 Maboba has a sufficiently publicized complaints procedure which can be viewed on the Maboba website and handles any complaints in accordance with this procedure.
16.2 The Other Party is obliged to examine the purchased or delivered goods at the time of purchase or delivery, but in any case within the shortest possible period. In doing so, the Other Party must investigate whether the quality and quantity of the purchased or delivered goods correspond to what the Parties have agreed, at least that quality and quantity meet the requirements that apply to them in normal (trade) traffic.
16.3 Complaints about the execution 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 The 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 message of receipt and an indication when the Other Party can expect a more detailed answer.
16.5 If the complaint is justified within the set period, Maboba has the right to either repair, or to deliver again, or to cancel the delivery and to give the Other Party a refund for that part of the purchase price.
16.6 Minor and/or industry-standard deviations and differences in quality, number, size or finish cannot be invoked against Maboba
16.7 Complaints regarding a particular product do not affect other products or parts belonging to the same Agreement.

Article 17. Property reservation and transfer

17.1 Maboba reserves ownership of all products delivered on the basis of the Agreement, and still to be delivered, until the moment when the Other Party has fulfilled all its payment obligations towards, opposite, to Maboba. Until then, Maboba can invoke his 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 delivered and yet to be delivered products, plus the claims for attributable failure of the customer / buyer in the fulfillment of his obligations, including the payment of compensation, (extra) judicial 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 a similar retention of title to 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 delivery of the products until the agreed part has still been paid. In this case, there is a default of creditors. In that case, a late delivery or delivery cannot be thrown at Mobiba.
17.5 The Other Party is not entitled to pledge the goods covered by the retention of title or to encumber them in any other way.
17.6 If third parties seize the products delivered by Maboba under retention of title or wish to establish or assert 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 Babova's first request, the Other Party will provide access to 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 passes 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, communications 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 shall 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 by means of good consultation.
19.5 If one or more provisions of these general terms and conditions are considered unreasonably onerous in legal proceedings, the other provisions will remain in full force and effect.

Article 20. Survival

20.1 The provisions of the general terms and conditions and the Agreement that have the effect of maintaining 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), remain in full force and effect after the termination of the Agreement.

Article 21. Modification or replenishment

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 good time 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 publication of the change on the Maboba website or by electronic notification. Changes of minor importance can be made at any time.
21.3 There will be a minimum of 30 (thirty) days between this notification and the entry into force of the amended or supplemented conditions.
21.4 If the amendment gives Maboba the authority to provide a performance that differs substantially from the promised performance, the Other Party has the right to refuse the amended conditions or to dissolve the Agreement.