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In these general terms and conditions (“Terms”), the following definitions shall apply:
VanMoof is allowed to transfer to third parties the rights and obligations described in any Agreement with Client. If obligations of VanMoof are transferred, VanMoof must inform Client aforehand and Client shall be entitled to terminate the Agreement by the date on which the transfer shall take place. In such case, VanMoof shall not be liable for any damages. Client cannot transfer to third parties any rights or obligations from any Agreement unless after consent thereto by VanMoof.
If and insofar as any provision of these Terms cannot be invoked due to any imperative rule of law, the unfair character of these Terms or grounds of reasonableness and fairness, the provision concerned, as far as contents and essence are concerned, shall in all events have a corresponding meaning to such an extent that the provision concerned may indeed be rightfully invoked.
These Terms may be amended on the part of VanMoof by mere notification to Client. In the absence of any protest within 30 (thirty) calendar days after notification the amended Terms shall apply to all new Agreements as of the day of notification as well as to all current Agreements if and insofar as these are carried out after the day of notification.
At all times VanMoof shall be entitled to engage third parties to fulfil (parts of) an Agreement. If VanMoof calls in third parties, the terms and conditions that apply to the agreement between such third parties and VanMoof apply to the Agreement notwithstanding the rights and obligations of VanMoof and the Client arising from the Agreement, to the extent that in the event that these rights and obligations deviate, the terms and conditions that bind VanMoof to any third party shall prevail. The terms and conditions that bind VanMoof towards third parties in cases as described above will be provided by VanMoof to the Client free of charge at the Client’s first request.