Terms and Conditions

Welcome to Holit!

These terms and conditions outline the rules and regulations for the use of Holit’s services and products.

By accepting a quotation or a service agreement, you accept these terms and conditions. Do not continue to use our services or products if you do not agree to take all of the terms and conditions stated on this page.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands.


  1. General
    • The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements:
  • “Client”, “You” and “Your” refers to you, the counterparty of Holit who wishes to use the services and products of Holit and enters an agreement with Holit.
  • “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to Holit. Holit is located at Reigerborch 18, 5247 TE Rosmalen and is registered at the Dutch Chamber of Commerce under KVK-number: 82475318.
  • “Party”, “Parties”, or “Us”, refers to both the Client and ourselves.
  • Agreement: Every agreement that is concluded between Holit and the client, including any amendment or addition thereto, as well as all (legal) acts in preparation for the implementation of that agreement. These terms and conditions are part of every agreement with Holit, unless expressly deviated from by the Parties.
  • Products: All matters that become the subject of a (potential) agreement.

Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.


  1. Application
    • These Terms and Conditions apply to all offers, quotations, orders and agreements between Holit and you.
    • Any purchase, general or other terms and conditions of you do not apply, unless they have been expressly accepted in writing by Holit. The applicability of any purchase or other conditions of you or of third parties is therefore expressly rejected by Holit.
    • Accepting an offer or placing an order means that you accept (the applicability of) these Terms and Conditions.
    • The provisions of these Terms and Conditions may only be deviated from in writing, in which case the other provisions will remain in full force.
    • All rights and entitlements, as stipulated in these Terms and Conditions and in any further agreements for the benefit of Holit, are also stipulated for the benefit of intermediaries and other third parties engaged by Holit.
    • If one or more provisions in these Terms and Conditions are at any time wholly or partially null and void or should be annulled, the other provisions of these Terms and Conditions will remain fully applicable. Holit and you will then consult to agree on new provisions to replace the void or voided provisions. The aim and purport of the original provisions will be taken into account as much as possible.
    • These Terms and Conditions also apply to you for any third parties that Holit engages for the execution of assignments.


  1. Agreement
    • The agreement is concluded at the moment that Holit accepts the offer or order. Holit is entitled to refuse offers and orders or to attach certain conditions to the delivery, unless explicitly stated otherwise.
    • Holit reserves the right to refuse a requested assignment if it acts contrary to the provisions of the agreement or these terms and conditions. Agreements are only entered into under the resolutive condition (which only Holit can invoke) that the requested assignment is in conflict with the agreement. If Holit invokes that resolutive condition, the agreement will come to an end and the work already performed will be charged to you pro rata.
    • If a quote or order is not accepted, Holit will notify this within five working days after receipt of the request.
    • Only the description as included in the offer is binding. An offer made by Holit is without obligation and in any case loses its validity no later than 30 days after the date.
    • Holit has the right to terminate the agreement with immediate effect and without judicial intervention by means of an extrajudicial statement if you are declared bankrupt, suspension of payment is granted or if you are liquidated or actually terminated.
    • The agreement is entered into for the duration of the assignment unless the content, nature or purport of the assignment provided dictates otherwise. The quotation is deemed to represent the agreement correctly and completely. Unless explicitly stated otherwise in the order confirmation, the activities of Holit are a best efforts obligation.


  1. Your obligations
    • All assignments are carried out by Holit on the basis of the data, information and wishes made known by you to Holit.
    • You are obliged to provide Holit with all data and documents that Holit considers necessary for the execution of the assignment in a timely manner in the desired form and in the desired manner.
    • You guarantee the correctness and completeness of the data and documents made available to Holit, even if these originate from third parties.
    • If and insofar as you request, the documents made available will be returned to you.
    • If you do not fulfill your obligations or if Holit has a well-founded fear to do so, Holit is entitled to terminate or suspend the agreement and to charge the resulting costs in accordance with its usual rates.
    • If it is necessary for the correct execution of the assignment that Holit carries out work at your location, then you are obliged to make a sound and complete workplace available for this purpose free of charge.
    • After delivery of the first concept of Holit in the context of the assignment, the client owes the entire or remaining amount from the quotation. You agree that you will not use the Holit services for any purpose that is unlawful, harmful or otherwise unlawful or infringes any copyright or intellectual property rights owned by Holit or any third party.


  1. Execution of the order
    • Holit determines the way in which the command is executed. In principle, all work will be carried out on normal working days under normal working conditions.
    • Holit carries out its work to the best of its knowledge and ability and makes every effort to achieve the best result for you in the execution of the assignment.
    • Holit is entitled to engage third parties for the assignment granted.
    • Holit reserves the right to terminate the assignment free of charge if new information becomes available and this is reasonably incompatible with what has been agreed.
    • Changes to an assignment (either because the correct execution of the assignment requires one or more changes, or at the initiative of Holit or you) are considered additional work. If additional work is carried out, the additional costs in accordance with its usual rates will be charged to you. Insofar as this is necessary at the discretion of Holit.
    • Holit will carry out the assignment in parts. Upon completion of part of the assignment, you will be informed about this, whereby the design phase will be completed and you will agree with the product of the design phase. Subsequently, this product from the design phase is designed into a prototype. After the prototype is ready, this phase is also completed by means of your agreement on the prototype. The prototype is then put into production.


  1. Confidentiality
    • Parties mutually undertake to maintain the confidentiality of all data and information about each other that Parties become aware of, unless a legal obligation or professional obligation requires disclosure.
    • Data and information may only be used for the implementation of the agreement concluded between the parties, unless the parties act on their own behalf in legal proceedings in which these documents are important.
    • If the parties violate the provisions as included in this article, they will owe the other party a penalty that is not subject to judicial mitigation and immediately due and payable penalty of €5,000 in a lump sum and a penalty of € 250 per day that the violation continues.


  1. Payments
    • The work will be charged to you in advance, periodically or at the end of the assignment by e-mail or by post. You agree to electronic invoicing by Holit.
    • All prices and rates are exclusive of VAT and exclusive of any other levies imposed by the government, unless stated otherwise. The amounts due will be charged including VAT and including any government levies.
    • Payment must be made within fourteen days after the invoice date if it concerns deliveries within the Netherlands, and within thirty days after the invoice date if it concerns deliveries outside the Netherlands, unless otherwise agreed in writing.
    • If you fail to pay an invoice on time and/or in full, you are in default by operation of law. You then owe interest of 1% per month or part of a month on the amount due and payable.
    • You are not entitled to set off the amounts owed by you to Holit. Objections to the amount of an invoice do not suspend the payment obligation.
    • In the event that you are in default or default in the (timely) fulfillment of your obligations, all reasonable extrajudicial costs will be for your account. In the event of default, the extrajudicial costs amount to 15% of the outstanding amount with a minimum of € 75. If you have concluded the agreement as a consumer, the extrajudicial costs will be calculated in accordance with the Collection Costs Act (Wet Incassokosten).
    • If, in the opinion of Holit, your payment behavior or your financial position gives cause to do so, Holit is entitled to demand that you immediately provide reasonable and additional security in a form to be determined by Holit. If you fail to do so, Holit is entitled, without prejudice to its other rights, to immediately suspend the further performance of the agreement and all that you owe to Holit for whatever reason is immediately due and payable.


  1. Delivery terms
    • A delivery term specified by Holit is based on the circumstances applicable to Holit at the time of concluding the agreement and, insofar as it depends on the performance of third parties, on the information provided to Holit by those third parties. The delivery term will be considered by Holit as much as possible, but is not a deadline.
    • If Holit needs data and/or resources for the implementation of the agreement that must be provided by you, or fulfillment of another obligation resting on you under the agreement, the delivery period never starts before the day on which all necessary data and/or resources are in the possession of Holit or that you have fulfilled the aforementioned obligation towards Holit.
    • Holit is entitled to deliver sold products in parts. If the products are delivered in parts, Holit is entitled to invoice each part separately.
    • In the event of late delivery, you must give Holit written notice of default, whereby Holit is granted a reasonable period of time to still comply with its obligations.
    • If the delivery term is exceeded, you are not entitled to any compensation in this respect. In that case you are also not entitled to dissolve the agreement.
    • If you do not purchase the products, or if you indicate that you will not purchase the products, this does not release you from your payment obligations. In that case, Holit’s delivery obligation will also lapse and you will forfeit an immediately due and payable fine amounting to 10% of the invoice value of the relevant products, without prejudice to Holit’s right to additional compensation and reimbursement of costs of recovery.


  1. Delivery conditions
    • The method of shipment, if nothing else has been agreed, is left to the choice of Holit.
    • The delivery is in any case deemed to have taken place: – in case of shipment via a professional freight carrier: by transferring the products to the carrier; – in case of shipment by Holit: by delivery or presentation of the products to you or your warehouse, or to the receipt address specified by you in advance in writing.
    • The transport costs are for your account, unless agreed otherwise. In all cases, the risk of transport is for you, even if the transport takes place from, by or for the account of Holit. Holit will, if agreed, ship the goods insured.
    • If you do not take delivery of the products or do not take them in time, you will be in default without notice of default. You will continue to owe all amounts due under the agreement.


  1. Retention of title
    • The ownership of delivered products will only transfer if you have paid all that you owe to Holit under the agreement, with due observance of the provisions of article 14. The risk in respect of the products passes to you at the time of delivery.
    • The property of the delivered products belongs to Holit if Holit has made the design, unless otherwise agreed.


  1. Right of withdrawal and return for consumers
    • The provisions in this article only apply if you have concluded the agreement as a consumer. See Article 12 for cases where Article 11 is not applicable.
    • When purchasing a non-specified product from the existing range, you have the option of dissolving the agreement without giving any reason during fourteen days. This period commences on the day after receipt of the product by you or representative designated in advance by you and made known to Holit.
    • During the cooling-off period, you must handle the product and the packaging with care. This means that you will only unpack or use the product to the extent necessary to assess whether you wish to keep the product.
    • If you make use of your right of withdrawal, you must return the complete order with all accessories supplied and – if reasonably possible – in the original condition and packaging to Holit, in accordance with the reasonable and clear instructions provided by Holit.
    • If you make use of the right of withdrawal, the costs of return will be borne at most by you.
    • If you have already paid the fee due, Holit will refund this amount to you as soon as possible, but no later than fourteen days after the return or cancellation.
    • Holit reserves the right to refuse returned products (within or outside the withdrawal period of fourteen days) or to credit only part of the amount paid, If it is suspected that the product has been used or damaged by your fault or in the event that the original order is no longer complete.


  1. Exclusion right of withdrawal
    • Products that are manufactured according to the consumer’s specifications (such as products that are not prefabricated and that are manufactured on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person) are excluded from the right of withdrawal of Article 11. This therefore applies in any case to all products that arise from a print or scan order given by you.


  1. Warranties, research and advertisements
    • The products to be delivered by Holit meet the usual requirements and standards that can reasonably be set at the time of delivery and for which they are intended under normal use in the Netherlands. The warranty referred to in this article applies to products intended for use within the Netherlands. When used outside the Netherlands, you must verify yourself whether its use is suitable for use there and whether it meets the conditions set for it. In that case, Holit may set other warranty and other conditions with regard to the products to be delivered.
    • The warranty referred to in paragraph 1 of this article is valid for a period of 3 months after delivery, unless the nature of the delivered dictates otherwise or the parties have agreed otherwise. If the warranty provided by Holit concerns a product that was produced by a third party, then the warranty is limited to that provided by the producer of the product, unless stated otherwise.
    • Any form of warranty will lapse if a defect has arisen as a result of or ensues from injudicious or improper use thereof, incorrect storage or maintenance thereof by you and/or by third parties when, without written permission from Holit, you or third parties work on the product have made changes or have attempted to make changes, other items have been attached to them that do not need to be attached to them or if they have been processed or processed in a manner other than the prescribed manner. You are also not entitled to a warranty if the defect is caused by or is the result of circumstances that Holit cannot influence, including weather conditions (such as, but not limited to, extreme rainfall or temperatures), fall, et cetera.
    • You are obliged to inspect the delivered goods (or have them inspected), immediately at the moment the product is made available to you or the relevant activities have been carried out. In doing so, you should examine whether the quality and/or quantity of the delivered goods corresponds to what has been agreed and meets the requirements that you and Holit have agreed upon. Any visible defects must be reported to Holit in writing within seven days of delivery. Any non-visible defects must be reported to Holit in writing immediately, but in any event no later than fourteen days after discovery thereof. The report must contain as detailed a description as possible of the defect, so that Holit is able to respond adequately. You must give Holit the opportunity to investigate a complaint or have it investigated.
    • If you complain in time, this does not suspend your payment obligation.
    • If a defect is reported later, you will no longer be entitled to repair, replacement or compensation.
    • If it is established that a product is defective and a complaint has been made in time, Holit will replace the defective product within a reasonable period of time after receipt thereof or, if return is not reasonably possible, written notification of the defect by you , at the discretion of Holit, arrange for its replacement, its repair or pay you replacement compensation for it. In the event of replacement, you are obliged to return the replaced product to Holit and transfer ownership thereof to Holit, unless Holit indicates otherwise.
    • If it is established that a complaint is unfounded, then the costs incurred as a result, including the research costs incurred by Holit as a result, will be fully for your account.
    • After the warranty period has expired, all costs for repair or replacement, including administration, shipping and call-out costs, will be charged to you.
    • Holit is not responsible for the design of the product(s), unless agreed otherwise in the agreement.
    • The warranty does not apply to consumables.
    • In addition to the provisions of this article, the limitations of liability as laid down in article 16 apply without prejudice.


  1. Intellectual property
    • With the exception of any content provided by you, you acknowledge that all intellectual property rights, including copyrights, patents, trademarks and trade secrets in the Holit website and in its content are owned by us or our suppliers. Neither these terms (nor your access to the website) constitute any transfer of any right, title or interest in or to these intellectual property rights to you or any third party.
    • Under no circumstances will you acquire any intellectual property rights under the agreement with regard to, in any case, but not limited to:
  • The products;
  • The order confirmation issued by Holit;
  • The designs, drawings, descriptions and model produced and/or provided by Holit;
  • The calculations made and/or provided by Holit;
  • The software manufactured and/or provided by Holit;
  • The tools manufactured and/or provided by Holit;
  • The information underlying the manufacturing and construction methods and products, regardless of whether costs have been charged for this.
    • The intellectual property on all products sold or produced by Holit, designs, sketches, drawings and files provided rests with Holit. All products sold or produced by Holit, designs, sketches, drawings and files provided are exclusively intended for use by you and may not, without the prior written consent of Holit, be reproduced, resold, edited, modified, copied, multiplied, published or disclosed to third parties, except for processing or resale of sold goods of which it follows from their nature that they are intended for resale or processing. If you disclose the (material content of) these items to third parties, you will forfeit a fine of € 5,000, without prejudice to the right to claim compensation insofar as the damage exceeds the amount of the fine. The damage also includes the full costs of product development and the full legal costs that Holit must incur to recover its damage.
    • By placing an order for the manufacture of a product specified by you, you declare that this does not infringe the intellectual property rights of third parties. For any infringement by you, Holit is in no way liable towards you or towards third parties.
    • You indemnify Holit, both in and out of court, against all claims that third parties may assert under the copyright act or other national or international regulations in the field of copyright, with regard to the implementation of the agreement.
    • You shall immediately notify Holit of any claim by a third party in respect of an infringement of intellectual property rights relating to the products.


  1. Electronic communications and evidence
    • Holit is not liable for misunderstandings, mutilations, delays or incorrect transmission of data and messages as a result of the use of the internet or any other means of communications in the traffic between you and Holit (or third parties engaged by you), unless and insofar as should there be intent or gross negligence on the part of Holit.
    • The administration of Holit counts as complete proof of the existence, content and performance of the agreement with you in any legal proceedings, until proven otherwise by the party, who invokes the fact that the evidence is not reliable.


  1. Liability and indemnity
    • Holit is not liable for damage suffered by you or third parties, except insofar as this damage is the direct result of intent or willful recklessness.
    • Holit is not liable for the content of data (carriers) provided to Holit by you or third parties and is not obliged to screen the data. If the data (carriers) conflict with the provisions of the agreement or conflict with the law or with what is generally accepted according to unwritten law, Holit can refuse the data (carriers) without prior notice.
    • You acknowledge that Holit may access your data (carriers) and may share or disclose it to law enforcement authorities and/or third parties, if Holit deems it necessary or appropriate.
    • If liability on the part of Holit arises under this agreement due to (i) failure to fulfill its obligations under the agreement, (ii) breach of its warranty obligations, (iii) tort or (iv) for any other reason, then the liability of Holit is limited to the corresponding invoice amount actually paid by you.
    • Holit can only be held liable for the replacement compensation, i.e. the compensation for the performance left behind. Holit is not liable for any form of damage, including:
  • Additional compensation in any form whatsoever;
  • Indirect damage;
  • Consequential damage;
  • Damage due to lost profit;
  • Delay damage;
  • Damage as a result of insufficient cooperation;
  • Damage to information or material belonging to you; and
  • Damage due to information or advice provided by Holit
    • The liability of Holit towards you and/or third parties is in all cases limited to the amount or amounts covered by the liability insurance taken out by Holit.
    • Your right to compensation only arises if you have reported the damage to Holit in writing as soon as reasonably possible after it has arisen in accordance with the provisions of these Terms and Conditions.
    • You will indemnify Holit against all claims from third parties, directly or indirectly related to (the use of) the products and you will compensate Holit for all damage that Holit suffers as result of such claims.
    • Any claim to compensation for damage lapses six months after the event that caused the damage, unless legal recovery has been started within the said period.
    • Holit is not liable for advice stated on its website, as well as deviations in prices, images and texts from the data included on the website or other documentation of Holit.


  1. Force majeure
    • Without prejudice to its other rights, Holit has the right in case of force majeure, at its own discretion, to suspend the execution of the order or to dissolve the agreement without judicial intervention. This by informing you in writing and without Holit being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
    • Force majeure is understood to mean any shortcoming that cannot be attributed to Holit, because it is not attributable to its fault and is not for its account under the law, legal act or generally accepted views.


  1. Applicable law and competent court
    • All rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as these Terms and Conditions, are exclusively governed by Dutch law.
    • The applicability of the United Nations Convention on contracts for the international sale of goods is excluded.
    • If a dispute between the parties cannot be resolved amicably, the Den Bosch District Court is authorized to take cognizance of the dispute, except in cases excepted by law.