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Terms and Conditions CustomArtPrint.nl
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Index:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Payment
Article 13 - Disputes
Article 14 - Additional or different provisions
Article 15 - Copyright
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Reflection period : the period within which the consumer can make use of his right of withdrawal;
Consumer : the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day : calendar day;
Duration transaction : a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier : any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal : the option for the consumer to waive the distance contract within the cooling-off period;
Model form : the model form for withdrawal that the entrepreneur makes available that a consumer can fill in when he wants to make use of his right of withdrawal.
Entrepreneur : the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract : an agreement in which, within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication : means that can be used for concluding an agreement, without the consumer and entrepreneur meeting simultaneously in the same room.
General Terms and Conditions : the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
CustomArtPrint.NL ;
E-mail address: info@raquelversteeg.com ;
Chamber of Commerce number: 84702443.
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or destroyed, the remainder of the agreement and these terms and conditions will remain in force and the relevant provision will be replaced in mutual consultation without delay by a provision that purports to of the original as closely as possible.
Situations that are not regulated in these general terms and conditions must be assessed in the spirit of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained in the spirit of these terms and conditions.
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Article 4 - The offer
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur, while the entrepreneur is not liable if the photos do not correspond to the delivered products due to the difference in quality on the consumer's computer and/or the use of other internet browsers. .
All images, specifications data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price includes taxes.
- any shipping costs.
- the manner in which the agreement will be concluded and which actions are required for this.
- the method of payment, delivery and execution of the agreement.
- the minimum purchase.
Entrepreneur cannot at all times guarantee that all items offered on the website are in stock. When an order has been placed (and the amount has already been paid), the entrepreneur will immediately ensure that the amount is refunded. In the case of a combination of products, the consumer is consulted about whether another product can be used in its place.
If it appears that a product will have to be reordered, the entrepreneur will contact the consumer about this.
The entrepreneur can refuse an offer if the minimum order quantity has not been met, provided this is stated with the product.
Article 5 - The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically (by e-mail). As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
The entrepreneur can inform himself - within legal frameworks - whether the consumer can meet his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- Way of contacting the entrepreneur where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or
- clear statement regarding the exclusion of the right of withdrawal (see article 6 of these conditions)
- the information about guarantees and existing after-sales service;
Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Ordered products are only reserved by the entrepreneur for 3 working days, until the consumer has paid.
If no payment has been received within the aforementioned period, the agreement will be dissolved and the product will be returned
available on the entrepreneur's website. Of course, further consultation about a later payment is possible.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without stating reasons during 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
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 assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of his right of withdrawal, he is obliged to do so within 14 days of receipt of the product, to be made known to the entrepreneur. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days and return it prepaid. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
Damaged, edited and/or cut pieces cannot be returned.
Personalized items can only be returned if there is a demonstrable defect / through fault of the producer in the product. Any other form of concern will, in consultation with the manufacturer and mutual agreement, result in a refund of up to half of the purchase price, as personalized items cannot be resold.
The costs involved in a return shipment are for the consumer.
If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal resp. has not returned the product to the entrepreneur, the purchase is a fact and can no longer be returned there.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs of return will be for his account.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted.
Article 8 - Exclusion right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
a. that have been established by the entrepreneur in accordance with the consumer's specifications;
b. which are clearly personal in nature;
c. which by their nature cannot be returned;
d. which can spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
Article 9 - The price
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.
Orders from abroad will also be charged with Dutch VAT (21%).
Contrary to the previous paragraph, the entrepreneur can offer variable prices for products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This dependence on fluctuations and the fact that any prices quoted are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Furthermore, all prices are subject to the correct amount of shipping costs. If it turns out that the consumer has paid too few shipping costs, an additional assessment may be made, while the consumer will receive the excess paid back from the entrepreneur if shipping costs are paid too much.
Article 10 - Conformity and Warranty
The entrepreneur 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 existing on the date of the conclusion of the agreement and /or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. The products must be returned in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The entrepreneur is not liable for incorrect information provided by the manufacturer or supplier.
The warranty does not apply if:
a. The consumer has repaired and/or modified the delivered products himself or has had them repaired by third parties
and/or edit;
b. The delivered products have been exposed to abnormal conditions or otherwise carelessly handled
or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
c. The defectiveness is wholly or partly the result of regulations that the government has made or will make against
regarding the nature or quality of the materials used.
Article 11 - Delivery and execution
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
The entrepreneur tries to send an order placed by the consumer within two days, but cannot guarantee this.
All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 2 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 3 working days after the confirmation of the order, but preferably at the same time as the order.
The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 13 - Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
The Court of Rotterdam has jurisdiction.
The Vienna Sales Convention does not apply.
Article 14 - Additional or different provisions
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
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Article 15 - Copyright
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All images displayed on this website fall under © 'copyright' CustomArtPrint.NL / Raquel Versteeg freelance illustrator and rely on Copyright as described in the Dutch Copyright Act. They may not be used in any way, unless explicit permission has been granted by Raquel Versteeg / CustomArtPrint.nl
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Below we describe our policy on some important matters:
Return:
Where work is done, things can sometimes go wrong. Or you have ordered something and it is not what you expected.
If something is not to your liking, always take it first contact us. Then we'll see what can be done about it.
We do not have to take back something that we have custom made and/or personalized for you.
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Order not received:
Occasionally it happens that a package has been delivered according to Track&Trace to the right address, while the customer has not received it. That is very annoying for the customer and for us. Then something went wrong at PostNL.
We deal with this as follows:
1: Wait 1-2 weeks first. In most cases, the problem has already been resolved and the package has still been found or delivered.
2: If the shipment remains missing, we will send you a form in which you declare that you have never received the package, despite Track&Trace stating the contrary. When we have received that signed letter, we will reimburse you the full purchase amount.
3: We do not reimburse anything if there are clear indications that something is not right.
4: Abuse can be reported.
Foreign sales.
We only sell to private individuals. Everything with the Dutch VAT rate.
It is not possible to purchase items without VAT or reverse charge VAT from us. A foreign company can of course place an order as a private individual.
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How we handle your data:
Of course we need your data to place the order to be able to finish.
You enter everything on a secure website.
Only people who are needed to get the order delivered to you see your details (such as the packer / star, postman).
We will never sell or pass on your data to third parties.
Your data will only be used and kept in order to complete the order as well as possible. So if you receive a call from us, it only concerns the order you have placed.
The website uses cookies. The order you place is temporarily stored on your computer in the form of a cookie.
For questions and/or comments, please contact us.
