Terms and conditions
Mischa van de Werken, trading as Customswise.online, KvK (Dutch Chamber of Commerce) 84621788, Diedenweg 16B, 6717 KT Ede, the Netherlands
These terms apply to all quotes, assignments and agreements with Customswise.online. They apply only to clients acting in the course of their trade or business. The Dutch text prevails over the English translation.
In short: we carry out our work carefully and to the best of our ability; you provide the information and documents on which we can rely; and we agree in advance what an assignment will cost. The articles below set this out.
Applicability and definitions
These terms apply to all quotes, assignments, agreements and other legal relationships between Customswise.online and the client. They also apply to follow-up assignments and to work carried out without a new quote.
The client acts in the course of its trade or business. Provisions protecting consumers therefore do not apply. The assignment is governed by the provisions on professional services (Article 7:400 et seq. of the Dutch Civil Code).
Terms and conditions of the client, under whatever name, are expressly rejected and do not apply, even if Customswise does not object to them directly.
If these terms conflict with a quote or a written confirmation of assignment, the quote or confirmation prevails to the extent that it expressly deviates from these terms.
In these terms:
- Customswise: Mischa van de Werken, trading as Customswise.online, KvK 84621788, Diedenweg 16B, 6717 KT Ede, the Netherlands.
- client: the natural person or legal entity that instructs Customswise in the course of its trade or business.
- assignment: the work agreed in writing between the parties, including additional work.
- services: customs representation, origin documents and certificates, legalisations and consultancy, as described in the quote.
- declaration: a customs declaration or any other filing made with customs or another competent authority.
- in writing: by letter or by email, and also a confirmation in a digital portal used by the parties.
- working day: Monday to Friday, excluding recognised public holidays in the Netherlands.
Changes to these terms apply only if Customswise announces them in writing and the client does not reject them in writing within thirty days. A change does not apply retroactively to an assignment already in progress.
Customswise provides these terms electronically before or when the agreement is concluded, so that the client can store and print them (Article 6:234 of the Dutch Civil Code). The terms are also published on the website and are sent by email on request.
Quotes and formation of the assignment
A quote is valid for thirty days from its date, unless it states another period. A quote is without obligation until the assignment is formed.
The assignment is formed when the client accepts the quote or the confirmation of assignment in writing, or when Customswise starts performance with the client's consent.
The intake determines the scope of the assignment. Anything not stated in the quote or the confirmation of assignment falls outside the assignment.
Additional work is carried out only after a written agreement on its scope and price. If postponement is impossible and the work is needed to meet a deadline or file a declaration, Customswise may carry out the necessary work immediately and will report this as soon as possible, at the latest on the next working day.
Obvious errors and mistakes in a quote, such as an incorrect price or a clerical error, do not bind Customswise.
Nature of the services and performance
Customswise performs the assignment to the best of its ability, with the care that may be expected of a reasonably competent customs specialist. The obligation is one of effort, not of result.
For an objection, a repayment claim, a BTI application or an application for a certificate or legalisation, Customswise gives no guarantee as to the outcome. The decision rests with customs or with another competent authority.
Customswise may engage third parties for the performance of the assignment, such as a declarant, a courier for legalisations or a software supplier. Customswise selects such parties with care. Their acts and omissions are beyond the control of Customswise; Article 9 applies.
Stated periods and lead times are indicative unless the parties have expressly agreed a fixed deadline.
Customswise keeps the client informed of material progress and of circumstances that substantially affect performance.
Information to be provided by the client
The client provides all information and documents needed for the assignment completely, accurately and in good time. In doing so the client complies with the obligation under Article 15 of the Union Customs Code to provide customs with all the information and documents required.
This includes at least:
- an accurate and complete description of the goods, including type, quantity, weight, value and origin
- invoices, packing lists, transport documents and, where applicable, permits and certificates
- the evidence of origin and the data on which that evidence is based, including supplier declarations
- the EORI number, permits and registrations required for the declaration
- changes occurring after the information was provided that are relevant to the assignment
The client remains responsible for the accuracy and completeness of what it provides, also where Customswise has assisted or has checked the documents.
The consequences of incorrect, incomplete or late information, including delay, additional work, post-clearance recovery, penalties and interest, are for the account of the client. Article 10 applies.
Customs representation
Customswise acts as customs representative within the meaning of Article 18 of the Union Customs Code. The parties agree in writing whether the representation is direct or indirect.
In direct representation Customswise acts in the name and on behalf of the client. In indirect representation Customswise acts in its own name but on behalf of the client.
In indirect representation Customswise is jointly and severally liable with the client for the customs debt (Article 84 of the Union Customs Code). The client therefore indemnifies Customswise against all amounts arising from the declaration, such as customs duties, excise duties, VAT, penalties, interest on arrears and increases.
Every declaration requires a written authorisation that meets the requirements of customs. The client ensures that the authorisation is in place before Customswise files the declaration.
The client keeps its EORI number, its permits and its arrangements valid, including a permit for deferred payment or the application of an Article 23 arrangement, and notifies any withdrawal or change immediately.
Declarations filed through Portbase or another third-party system are also subject to that party's terms and technical requirements. Customswise is not liable for a refusal, failure or limitation of that party.
Deadlines and ongoing procedures
Statutory deadlines, such as the six-week period for lodging an objection under Article 6:7 of the Dutch General Administrative Law Act and the periods for a post-clearance demand, remain the responsibility of the client until Customswise has accepted the assignment in writing and has sufficient time to meet the deadline.
The client notifies Customswise immediately of a running deadline, a decision received or a notice of an audit, together with the relevant documents.
If a deadline cannot be met because documents were provided late, Customswise reports this as soon as possible. Customswise is then not liable for the loss of the deadline.
Origin, certificates and legalisations
Evidence of origin is the responsibility of the client and its suppliers. Customswise assesses the documents and draws up the evidence, but cannot guarantee the accuracy of what suppliers declare.
Authorities may verify after the event whether the origin rules have been met. If a verification leads to a post-clearance recovery, a refusal or the withdrawal of a preference, the consequences are for the client.
Applications for certificates of origin, A.TR, legalisations and similar documents depend on the authorities that issue them, their opening hours and their lead times. Customswise cannot influence those lead times and gives no guarantee in that respect.
Fees, legalisation costs and the costs of couriers or intermediaries are charged separately.
Fees, additional work and payment
Customswise works on an hourly basis or for a fixed fee, as stated in the quote. All amounts exclude VAT and third-party costs unless stated otherwise.
Third-party costs, such as official fees, legalisation costs, Portbase charges, courier costs and other disbursements, are charged in addition to the fee.
Invoices are payable within fourteen days of the invoice date. If payment is late, the client is in default by operation of law and owes statutory commercial interest (Article 6:119a of the Dutch Civil Code), together with extrajudicial collection costs.
Customswise may require an advance payment for an assignment and may make performance conditional on it. Customswise may suspend its work while an invoice remains unpaid and the client does not respond to a reminder.
Set-off of a claim of the client against an invoice of Customswise is excluded unless the parties have agreed otherwise in writing.
An objection to an invoice does not suspend the payment obligation. The client must notify an objection in writing within fourteen days of the invoice date, stating its reasons.
Liability
The liability of Customswise for damage arising out of or in connection with an assignment is limited to the amount that its professional liability insurance pays out in the case concerned. If the insurer does not pay, liability is limited to the fee excluding VAT invoiced for the assignment concerned.
For a continuing assignment, liability is limited to the fee excluding VAT over the last six months before the moment at which the damage arose.
Customswise is not liable for indirect damage, consequential loss, lost profit, lost savings, standstill, loss of production, demurrage, storage costs or damage resulting from the loss of data or of a permit, to the extent permitted by law.
Customs duties, excise duties, VAT, penalties, interest on arrears and increases payable by the client cannot be recovered from Customswise as damage. This also applies if those amounts result from an error in a declaration.
Customswise is not liable for acts or omissions of third parties, including customs, Portbase, carriers, software suppliers, certifying bodies and the Chamber of Commerce, also where Customswise engaged that party or uses its systems.
A claim for damages lapses twelve months after the moment at which the client discovered or could reasonably have discovered the damage or the error.
The limitations and exclusions in this article do not apply in case of intent or deliberate recklessness on the part of Customswise itself.
The limitations and exclusions in this article also apply to persons engaged by Customswise for the assignment. They may rely on them as if these were their own stipulations.
Indemnity
The client indemnifies Customswise against claims of third parties and authorities arising from the information, documents or instructions it provided, from its acts or omissions, or from the manner in which it performs its own obligations.
The indemnity covers customs duties, excise duties, VAT, penalties, interest on arrears, increases and reasonable costs of defence, including legal costs.
Customswise notifies a claim as soon as possible and gives the client the opportunity to defend against it, without suspending the indemnity.
Force majeure
Force majeure means any circumstance beyond the will and control of Customswise that reasonably prevents performance. It includes a failure or outage at customs, DVA, Portbase or another system needed for the service, strikes, network or hosting outages, a cyber incident, government measures and illness of a key person.
In case of force majeure the obligations are suspended and periods are extended by the duration of the force majeure. Customswise reports the force majeure as soon as possible.
If the force majeure lasts longer than sixty days, either party may terminate the assignment in writing. Work already performed is settled. Damage caused by force majeure is not compensated.
Confidentiality
The parties keep confidential the information they receive from each other and use it only for the assignment. This also applies to data on goods, prices, suppliers and customers.
Confidentiality does not apply where disclosure is required by law or where a competent authority requests it. Customswise may provide data to customs or another competent authority to the extent required for the declaration or the assignment.
Customswise does not use the client's name in a publication or in a reference to an assignment without consent.
The duty of confidentiality continues after the end of the assignment.
Personal data
Customswise processes personal data in accordance with the privacy statement on this website.
For a declaration or another assignment, Customswise processes data of the client and of its relations, such as senders, consignees and carriers. Where Customswise processes such data solely on behalf of the client, the parties conclude a data processing agreement on request.
The client ensures that it may provide data of its relations and that it meets its own information obligations towards them.
Retention of files
Customswise keeps the data and documents relating to a declaration for at least three years (Article 51 of the Union Customs Code) and its financial administration for seven years under the tax retention duty.
The client remains responsible for retaining its own administration and customs documentation as required by law.
After the end of the retention period Customswise deletes the data, unless a legal obligation or ongoing proceedings prevent this.
Intellectual property and use of reports and advice
Reports, advice, classification files and other deliverables are intended for the client and for the purpose for which they were prepared.
The client does not provide a deliverable to third parties and does not publish it without the written consent of Customswise. Sharing it with its own adviser, accountant or a supervisory authority is permitted where necessary for its business operations.
Models, checklists, methods and software used by Customswise remain the property of Customswise. The client obtains no licence to them unless agreed in writing.
Information on the website is general in nature and is not individual advice. The client cannot derive any rights from it.
Term, termination and winding up
An assignment for a defined piece of work ends when the work is completed and the final invoice has been paid.
A continuing assignment may be terminated by either party in writing with one month's notice. Termination does not affect declarations and procedures in progress, unless the parties agree otherwise.
Customswise may terminate the agreement with immediate effect if the client fails to pay, provides incorrect or incomplete information, or acts contrary to the law or these terms.
On termination, the work performed and third-party costs are settled. Customswise transfers the documents belonging to the client and keeps a copy where the retention duty requires it.
Provisions that by their nature continue after termination, including Articles 9, 10, 12 and 15, remain in force.
Complaints
The client reports a complaint about performance in writing within fourteen days after it discovered the defect or could reasonably have discovered it, describing the defect.
Customswise responds within fourteen days of receiving the complaint and proposes how to resolve it.
A complaint does not suspend the payment obligation. The right to bring a claim lapses in accordance with Article 9.
Customswise is not obliged to handle a complaint that was not reported within the period, unless the client shows that it could not have reported it earlier.
Governing law and competent court
Dutch law governs all agreements between Customswise and the client.
The application of the Vienna Sales Convention is excluded.
Disputes are submitted to the competent court in the district of Gelderland. Customswise may also submit a dispute to another competent court where the law permits.
Final provisions
If a provision of these terms is void or is annulled (Article 6:233 of the Dutch Civil Code), the remaining provisions remain in full force. The parties replace the provision with a valid provision that comes as close as possible to its intention.
A provision that is void is interpreted or converted in such a way that it is enforceable and achieves the same result as far as possible.
Changes to an assignment apply only if recorded in writing.
These terms are published on the website and are sent by email on request. The Dutch text is authoritative; the English text is a translation.