Terms & Conditions
Table of Contents
Article 1. Definitions
Article 2. Identity of Maboba B.V.
Article 3. General provisions
Article 4. The offer
Article 5. The Agreement
Article 6. Prices
Article 7. Withdrawal
Article 8. Obligations of the Parties in the event of withdrawal
Article 9. Termination, dissolution and cancellation
Article 10. Liability
Article 11. Force majeure
Article 12. Warranty
Article 13. Payment and invoicing
Article 14. Delivery
Article 15. Transfer
Article 16. Complaints procedure
Article 17. Retention of title and transfer
Article 18. Intellectual property
Article 19. Applicable law and choice of forum
Article 20. Survival
Article 21. Amendment or supplement
Article 1. Definitions
In these general terms and conditions, the following terms shall have the following meanings:
1.1 Maboba B.V.: the company as defined in article 2 of these general terms and conditions;
1.2 Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or professional activity;
1.3 Other Party: the party with whom Maboba B.V. has concluded an Agreement. This shall also mean the person who enters into negotiations with Maboba in that respect or has done so, as well as that person's representative(s) or authorised representative(s).
1.4 Party(ies): the Other Party and Maboba jointly or as an individual contracting party;
1.5 In Writing: by e-mail or in writing;
1.6 Distance Agreement: an Agreement concluded between Maboba and the Consumer within the framework of an organised system for the distance sale of products and services, digital content and/or services, whereby, up to and including the conclusion of the Agreement, exclusive or joint use is made of one or more techniques for distance communication;
1.7 Cooling-off Period: the period within which the Consumer may make use of his Right of Withdrawal;
1.8 Right of Withdrawal: the possibility for the Consumer to withdraw from the Distance Agreement within the Cooling-off Period;
1.9 Durable Medium: any tool, including e-mail, that enables the Consumer or Maboba to store information addressed personally to him in a way that allows future consultation or use for a period that is aligned with the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
1.10 Day: calendar day;
1.11 Technique for Distance Communication: means that can be used to conclude an Agreement, without the Consumer and Maboba having to be together in the same place at the same time.
Article 2. Identity of Maboba B.V.
Maboba B.V. trading under the name The BlueWave Collective:
Registered address:
Kuukven 15
5991 NK Baarlo
The Netherlands
Contact details:
E-mail address: info@thebluewavecollective.com
Chamber of Commerce number: 84641118
VAT number: NL863293773B01
Article 3. General provisions
3.1 These general terms and conditions apply to every offer and all legal acts of Maboba and to every Distance Agreement concluded between Maboba and the Other Party.
3.2 Before the Distance Agreement is concluded, the text of these general terms and conditions shall be made available to the Other Party. If this is not reasonably possible, Maboba shall, before the Distance Agreement is concluded, indicate in what way the general terms and conditions can be inspected at Maboba and that they will be sent free of charge to the Other Party as soon as possible upon request.
3.3 If the Distance Agreement is concluded electronically, then, contrary to the previous paragraph and before the Distance Agreement is concluded, the text of these general terms and conditions may be made available to the Other Party electronically in such a way that it can be stored by the Other Party in a simple manner on a Durable Medium. If this is not reasonably possible, then before the Agreement is concluded it shall be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the Other Party electronically or in another manner upon request.
3.4 Unless expressly agreed otherwise and In Writing, the applicability of other general terms and conditions is excluded.
3.5 Deviations from or supplements to these general terms and conditions shall only be valid if expressly agreed In Writing.
3.6 If and insofar as, on the grounds of reasonableness and fairness or the unreasonably onerous nature thereof, no reliance can be placed on any provision of these general terms and conditions, the relevant provision shall in any event be given a meaning corresponding as closely as possible to its content and scope, so that it can still be relied upon.
3.7 Maboba is entitled to engage third parties for the performance of the Agreement.
3.8 Information and communications on Maboba's website are subject to typographical and other errors.
3.9 Maboba shall process the data of the Other Party exclusively in accordance with its privacy policy. Maboba shall in doing so observe the applicable laws and regulations.
Article 4. The offer
4.1 An offer made 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 shall be expressly stated in the offer.
4.2 The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the Other Party to make a proper assessment of the offer. If Maboba uses images, these shall be a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer shall not bind Maboba.
4.3 If the Other Party has accepted the offer electronically, Maboba shall immediately confirm receipt of the acceptance of the offer electronically.
4.4 Every offer contains such information that it is clear to the Other Party what rights and obligations are attached to the acceptance of the offer.
Article 5. The Agreement
5.1 Subject to the provisions of paragraph 2, the Agreement is concluded at the moment of acceptance by Maboba of the offer and, where applicable, the fulfilment of the conditions set therein.
5.2 Within the legal framework, Maboba may ascertain whether the Other Party can meet its payment obligations, as well as all facts and factors that are relevant to responsibly entering into the Distance Agreement. If, on the basis of this investigation, Maboba has good grounds not to enter into the Agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5.3 If the Agreement is concluded electronically, Maboba shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the Other Party can pay electronically, Maboba shall take appropriate security measures for that purpose.
5.4 If any provision of the general terms and conditions or any provision of the Agreement proves to be null and void or is annulled, this shall not affect the validity of the general terms and conditions or the Agreement as a whole. The Parties shall enter into consultation in order to agree on a new provision replacing the null and void or annulled provision, taking into account as much as possible the purpose and scope of the null and void or annulled provision.
5.5 Agreed delivery periods are always indicative periods. Delivery periods are not strict deadlines. Exceeding a period expressly does not entitle the Other Party to compensation. Even in the event of an agreed final deadline, Maboba shall only be in default after the Other Party has given it notice of default In Writing, except in the situations mandatorily prescribed by law in which default occurs by operation of law.
5.6 No later than upon delivery of the product and/or services to the Other Party, Maboba shall send the following information, in writing or in such a manner that it can be stored by the Other Party in an accessible way on a durable medium:
the conditions under which and the manner in which the Other Party can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and existing service after purchase;
the price including all taxes and levies imposed by the government, the method of payment, delivery and/or execution of the Distance Agreement;
where applicable: the costs of delivery;
5.7 If there is a continuing performance transaction, the obligation under article 5.6 shall apply only to the first delivery.
Article 6. Prices
6.1 All amounts are, unless agreed otherwise, in euros and inclusive of 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 shall not be increased, except for price changes resulting from 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 over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices shall, where applicable, be stated in the offer.
6.4 All prices stated by Maboba are subject to typographical and calculation errors.
6.5 Discounts and quoted amounts do not automatically apply to future orders.
Article 7. Withdrawal
7.1 The Consumer may dissolve an Agreement relating to the purchase of a product and/or service during a cooling-off period of 30 days without stating reasons. Maboba may ask the Consumer for the reason for withdrawal, but may not oblige the Consumer to state his reason(s).
7.2 The aforementioned period of 30 days expires after:
in the case of an Agreement for the provision of services: the day on which the Agreement is concluded. The right of withdrawal expires when performance of the service, with the Consumer's consent, has started before the end of this cooling-off period;
in the case of a consumer purchase: the day on which the Consumer, or a third party designated by the Consumer who is not the carrier, has received the item.
7.3 If the products and/or services offered by Maboba are specifically custom-made for an Other Party acting as a Consumer, the right of withdrawal under this article is excluded for such custom-made products and/or services.
7.4 Furthermore, the right of withdrawal is excluded for:
products or services whose price is subject to fluctuations in the financial market over which Maboba has no influence and which may occur within the withdrawal period;
service agreements, after full performance of the service, but only if;
the performance has begun with the Consumer's explicit prior consent; and
the Consumer has declared that he loses his right of withdrawal once Maboba has fully performed the Agreement;
products and/or services manufactured according to the Consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice, properties or decision of the Consumer, or which are clearly intended for a specific person;
sealed products which 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 30-day cooling-off period, the Consumer shall handle the product and the packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.
7.6 If an Other Party acting as a Consumer can make use of his right of withdrawal, then the Consumer must ensure the return of the product. The Consumer shall return 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 Maboba.
7.7 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer. Any damage shall be deducted from the amount to be refunded.
7.8 If the Consumer exercises his right of withdrawal, he may return the item free of charge, provided use is made of the return shipping option offered by Maboba.
7.9 Unless agreed otherwise, the right of withdrawal expressly does not apply if the Other Party is not a Consumer.
7.10 If the Consumer returns the product to Maboba in a manner other than the return method prescribed by Maboba, such return shall be at the Consumer's own expense.
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 declaration In Writing. The Consumer must send the communication concerning the exercise of his right of withdrawal before the relevant period has expired.
Article 8. Obligations of the Parties in the event of withdrawal
Maboba:
8.1 Maboba undertakes to provide reasonable and clear instructions regarding withdrawal and the conditions and/or requirements set in that regard.
8.2 If Maboba makes notification of withdrawal by the Consumer possible electronically, it shall send an acknowledgment of receipt immediately after receiving this notification.
8.3 If the Consumer has paid an amount, Maboba shall repay this amount as soon as possible, but within 14 days after the return or withdrawal. Unless Maboba offers to collect the product itself, it may wait with repayment until it has received the product or until the Consumer demonstrates that he has returned the product, whichever occurs first.
8.4 Maboba shall use the same method of payment for repayment that the Consumer used, unless the Consumer agrees to a different method. The repayment 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 repay the additional costs for the more expensive method.
Consumer:
8.6 During the cooling-off period, the Consumer shall handle the product and the packaging with care. He shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning 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 shop.
8.7 The Consumer is only liable for a reduction in value of the product if this is the result of a manner of handling the product that goes beyond what is permitted in article 8.6.
8.8 The Consumer is not liable for a reduction in value of the product if the entrepreneur has not provided him, before or at the conclusion of the Agreement, with all legally required information about the right of withdrawal.
Article 9. Termination, dissolution and cancellation
9.1 The Agreement ends by operation of law when the performances arising from it have been mutually fulfilled.
9.2 Contrary to article 9.1, a Continuing Agreement entered into for an indefinite period may be cancelled at any time subject to a notice period of one month. Such Agreements may only be cancelled In Writing.
9.3 A Continuing Agreement entered into for a definite period has a maximum term of 2 (two) years. If it has been agreed that the Distance Agreement may be tacitly renewed after the expiry of this term, the Agreement shall be continued as an Agreement for an indefinite period and the notice period after continuation of the Agreement shall amount to a maximum of one month.
9.4 If the Other Party fails to fulfil one or more of its obligations, fails to do so in time or properly, is declared bankrupt, applies for provisional or other suspension of payments, proceeds to liquidation of its business, or if its assets are wholly or partially attached, Maboba has the right to suspend performance of the Agreement or to terminate and/or dissolve the Agreement in whole or in part by means of a declaration In Writing with immediate effect and without prior notice of default, all this at its discretion and always without prejudice to any right it has to compensation for costs, damages and interest.
9.5 If the Agreement is dissolved, the claims of Maboba against the Other Party shall become immediately due and payable.
Article 10. Liability
If the Other Party is a Consumer:
10.1 The total liability of Maboba is limited to compensation for damage up to a maximum of the amount involved in the Agreement. In no case shall the total compensation for damage exceed the amount paid out by Maboba's liability insurance.
10.2 If the Agreement is a Continuing Agreement with a term of more than six months, the amount involved in that Agreement shall be set at the total of fees excluding VAT over the 6 (six) months preceding the event causing the damage.
10.3 Not limited is Maboba's liability for damage resulting from intent or deliberate recklessness on the part of Maboba.
If the Other Party acts in the exercise of a profession or business:
10.4 Maboba is not liable for indirect and direct damage. Not excluded is Maboba's liability for damage resulting from intent or deliberate recklessness on the part of Maboba.
10.5 If Maboba is nevertheless liable for direct damage, Maboba's total liability shall be limited to compensation for damage up to a maximum of the amount involved in the Agreement excluding VAT. In no event shall the total compensation for that damage exceed the amount paid out by Maboba's liability insurance.
10.6 Maboba's liability for indirect damage, including consequential damage, lost profit, lost savings, mutilation or loss of business data and damage due to business interruption, is excluded.
10.7 If the Agreement concerns a Continuing Agreement with a term of more than 6 (six) months, the amount involved in that Agreement shall be set at the total of fees excluding VAT over 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 shall mean:
reasonable costs that the Other Party would have to incur to make Maboba's performance conform to the Agreement; however, this replacement damage shall 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 conditions;
reasonable costs incurred to prevent or limit damage insofar as the Other Party demonstrates that these costs have led to a limitation of damage within the meaning of these conditions.
General provisions regarding liability:
10.10 Maboba's liability due to attributable shortcomings in the performance of the Agreement only arises if the Other Party promptly and properly gives Maboba notice of default In Writing, setting a reasonable period to remedy the shortcoming, and Maboba also remains attributably in default in the performance of its obligations 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 arising of any right to compensation is always that the Other Party reports the damage to Maboba In Writing as soon as possible.
10.12 Maboba is not liable for damage of any nature whatsoever because Maboba has relied on incorrect and/or incomplete information provided by the Other Party.
10.13 Maboba is not liable for damage caused by auxiliary persons as referred to in article 6:76 of the Dutch Civil Code.
10.14 Liability for delays, errors or any damage whatsoever caused by a defective product and/or by repairs carried out by Maboba or a repairer designated by it is expressly excluded, insofar as the liability does not arise from mandatory statutory provisions.
Article 11. Force majeure
11.1 In addition to the provisions of article 6:75 of the Dutch Civil Code, a shortcoming by Maboba in the performance of any obligation towards the Other Party cannot be attributed to Maboba in the event of a circumstance beyond Maboba's control as a result of which the performance of its obligations towards the Other Party is wholly or partially prevented or as a result of which performance of its obligations cannot reasonably be required of Maboba. Such circumstances shall also include shortcomings of suppliers or other third parties, power failures, computer viruses, extreme weather conditions, fire or danger of fire, threat of war, pandemics, epidemics, quarantines, absenteeism due to illness, incapacity for work, strikes, government measures and the breakdown of bicycles and equipment by 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 fulfil its obligations towards the Other Party, those obligations shall be suspended for as long as Maboba cannot fulfil its obligations. If the situation referred to in the previous sentence has lasted 30 (thirty) calendar days or if it has become clear that the force majeure situation will last longer than three months, both Parties have the right to dissolve the Agreement in whole or in part In Writing, unless the nature or extent of the shortcoming does not justify interim termination. In that case Maboba shall not be liable to compensate any damage, even if Maboba enjoys any advantage as a result of the force majeure situation. Whatever has already been performed under the Agreement shall in that case be settled proportionally, without the Parties otherwise owing each other anything.
Article 12. Warranty
12.1 Maboba warrants that the products and/or services comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the Agreement.
12.2 If a defect occurs within the indicated warranty period, then, at the entrepreneur's discretion, either repair, replacement of the defective product or crediting of the Consumer's payment shall take place. If repair is chosen and carried out by the entrepreneur, the Consumer shall bear the costs of delivering and collecting the product unless agreed otherwise.
12.3 When it is agreed that Maboba will send a replacement part by post or 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 result in a renewal and/or extension of the warranty period.
12.5 No claim under warranty, nor under otherwise agreed warranty provisions, can be made if:
the product has been used improperly or carelessly;
it concerns a defect other than, for example, normal wear and tear;
changes have been made to the product by persons other than Maboba or a repairer designated by it, or repairs have been carried out by them;
there are minor deviations from the desired properties, insofar as these are not important for the value and functionality of the product;
one or more marks and/or serial numbers of the product have been removed and/or changed.
12.6 Replacement parts used for repair may be either new or refurbished parts. Parts that are replaced due to a repair become the property of Maboba.
12.7 The warranty provisions are not transferable and are only valid for products and/or services supplied by Maboba.
Article 13. Payment and invoicing
13.1 Unless otherwise agreed, 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 for the provision of a service, this period commences on the day after the Consumer has received confirmation of the Agreement.
13.2 If the total amount of an order exceeds €5,000, Maboba is entitled to require a down payment of a maximum of 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 shall be in default from the expiry of the agreed payment date applicable to it. Maboba shall, where applicable, send a payment reminder after the expiry of that date and give the Other Party the opportunity to still pay within 14 days after receipt of that payment reminder.
13.5 If payment has still not been made after the payment reminder has expired, judicial or extrajudicial collection may be proceeded with. The costs reasonably incurred in this regard shall be for the account of the Other Party. Maboba is also entitled, in the case of a Consumer, to charge statutory interest and, in the case of another Other Party, to charge statutory commercial interest, calculated from the expiry of the agreed payment date.
13.6 In the event of liquidation, bankruptcy, attachment or suspension of payments of the Other Party, Maboba's claims against the Other Party shall become immediately due and payable.
Article 14. Delivery
14.1 Maboba shall observe 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 shall be the address that the Other Party has made known to Maboba.
14.3 Subject to the provisions of article 5.5 of these general terms and conditions, Maboba shall execute accepted orders with due speed but within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the Other Party shall be informed thereof no later than 1 (one) month after placing the order. In that case the Consumer also has the right to dissolve the Agreement without cost.
14.4 In the event of dissolution in accordance with the previous paragraph, Maboba shall repay the amount paid by the Consumer as soon as possible, but no later than within 30 (thirty) days after dissolution.
14.5 If delivery of an ordered product proves impossible, Maboba shall make efforts to make a replacement item available. No later than upon delivery, it shall be stated in a clear and comprehensible manner that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of return shipment shall in this case be for the account of Maboba.
14.6 The risk of damage to and/or loss of products rests with Maboba until the moment of delivery to the Other Party, unless expressly agreed otherwise.
14.7 If the products are delivered, Maboba is entitled to charge any delivery costs, unless agreed otherwise.
14.8 In principle, the Other Party is obliged to take delivery of the products at the moment Maboba delivers them or has them delivered. If the Other Party refuses to take delivery, is not present at the time of delivery, or is negligent in providing information or instructions necessary for the delivery as a result of which a new delivery moment must be arranged, Maboba is entitled to have this delivery carried out at the expense of the Other Party.
Article 15. Transfer
15.1 Rights of a Party arising from this Agreement may not be transferred without the prior Written consent of the other Party. This provision shall qualify as a stipulation with property law effect as referred to in article 3:83 paragraph 2 of the Dutch Civil Code.
Article 16. Complaints procedure
16.1 Maboba has a sufficiently publicised complaints procedure which can be viewed on Maboba's website and handles any complaints in accordance with this procedure.
16.2 The Other Party is obliged to inspect, or have inspected, the purchased and/or delivered goods at the time of purchase and/or delivery, but in any event within the shortest possible period. In doing so, the Other Party must investigate whether the quality and quantity of the purchased and/or delivered goods correspond with what the Parties have agreed, or at least whether the quality and quantity meet the requirements that apply to them in normal commercial practice.
16.3 Complaints about the performance of the Agreement must be submitted to Maboba within a reasonable time after the Other Party has discovered the defects, fully and clearly described.
16.4 Complaints submitted to Maboba shall be answered within a period of 14 (fourteen) days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, Maboba shall respond within a period of 14 (fourteen) days with a confirmation of receipt and an indication of when the Other Party can expect a more detailed answer.
16.5 If the complaint is found to be justified within the prescribed period, Maboba has the right either to repair, to deliver again, or to refrain from delivery and give the Other Party a refund for that part of the purchase price.
16.6 Minor deviations and/or deviations customary in the industry and differences in quality, quantity, size or finishing cannot be invoked against Maboba.
16.7 Complaints relating to a particular product have no effect on other products or parts belonging to the same Agreement.
Article 17. Retention of title and transfer
17.1 Maboba retains ownership of all products delivered and still to be delivered under and on the basis of the Agreement until the moment at which the Other Party has fulfilled all its payment obligations towards Maboba. Until that time Maboba may invoke its retention of title and take back the goods.
17.2 The payment obligations referred to in article 17.1 consist of payment of the agreed purchase price of the delivered and still to be delivered products, increased by claims due to attributable shortcomings of the customer/buyer in the fulfilment of its obligations, including payment of damages, judicial and extrajudicial collection costs and any interest.
17.3 Products subject to retention of title may be sold by the Other Party in the context of its normal business operations, provided that the Other Party stipulates an equivalent retention of title vis-à-vis its purchasers with regard to the products thus delivered.
17.4 If the agreed advance payments are not made, or not made on time, Maboba has the right to suspend the delivery or handover of the products until the agreed part has still been paid. In that case there is creditor default. Delayed handover or delivery cannot in that case be attributed to Maboba.
17.5 The Other Party is not authorised to pledge or otherwise encumber the goods subject to retention of title.
17.6 If third parties attach the products delivered by Maboba under retention of title or wish to establish or assert rights thereto, the Other Party is obliged to inform Maboba thereof without delay.
17.7 The Other Party undertakes to insure and keep insured the products delivered under retention of title adequately against fire, explosion and water damage as well as against theft, embezzlement and damage. At Maboba's first request, the Other Party shall provide access to the insurance policy and the corresponding methods of premium payment.
17.8 As soon as the purchased item has 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 relating to displayed information, communications or other expressions relating to the products and/or the website are vested in Maboba, its suppliers or other rights holders.
Article 19. Applicable law and choice of forum
19.1 Dutch law exclusively applies to Agreements between Maboba and the Other Party to which these general terms and conditions relate. 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 Parties shall in the first instance be resolved as much as possible by means of mutual consultation.
19.5 If in judicial proceedings one or more provisions of these general terms and conditions are regarded as unreasonably onerous, the remaining provisions shall remain fully in force.
Article 20. Survival
20.1 The provisions of the general terms and conditions and the Agreement which are intended to remain in force 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), shall remain fully in force after the termination of the Agreement.
Article 21. Amendment or supplement
21.1 Maboba is entitled to amend or supplement these general terms and conditions unilaterally. In that case Maboba shall inform the Other Party of the amendments or supplements in a timely manner.
21.2 Amendments also apply to Agreements already concluded, subject to a period of 30 (thirty) days after notification of the amendment on Maboba's website or by electronic communication. Amendments of minor importance may be made at any time.
21.3 There shall be at least 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 reject the amended conditions or to dissolve the Agreement.