Terms and Conditions
1. GENERAL
These conditions apply to all offers, assignments and agreements of Sticker-Art. By submitting an assignment or order, the customer accepts these General Terms and Conditions. The General Terms and Conditions will be sent by post upon your request.
2. QUOTES
All prices quoted by us on the website, brochures and by fax, telephone or e-mail are without obligation.
Prices and conditions, both verbally and in writing, are valid 14 days after the quotation date.
All orders, even if placed by intermediaries, are only binding on us after written confirmation from us.
We have the right to correct errors by demonstrating that the prices stated in the quotation or offer deviate significantly from the prices that we normally charge our customer.
3. DELIVERY
Extra costs for urgent and express shipments are for the account of the customer.
Delivery times are determined to the best of our knowledge and will be observed as much as possible, but are not binding. If more than 14 days are exceeded, the client will be contacted. Excessive exceeding can be regarded as a ground for dissolution of the agreement, on the understanding that the client gives Sticker-Art notice of default by registered letter. Legal intervention is not required for this.
Sticker-Art is not responsible for shipping errors, but will make every effort and mediate with the shipping party (Post.NL or DHL) to get the package delivered.
4 PRICES AND PAYMENTS
Prices are exclusive of VAT.
If goods are stored for the benefit of the customer, this is at the expense and risk of the customer.
Prices quoted by us and accepted by the customer are binding on both parties, subject to article 2.4.
Payment is by arrangement, within 7 days of the invoice date. The Customer cannot exercise any right to set off debts or to suspend.
Sticker-Art can at all times request security from the customer or demand partial payment in advance for special orders. A deposit of 50% of the invoice amount applies when the order is placed.
In the event of late payment, the customer is in default without a reminder and will owe 1.5% interest per month, or part thereof, after the 8th day after the invoice date.
If Sticker-Art hands over an unpaid invoice for collection, all judicial and extrajudicial costs incurred, expressly including costs for legal assistance, will be borne by the customer. The extrajudicial costs are calculated on the basis of the collection rate published by the Dutch Bar Association.
5. PROPERTY
Goods delivered that have not been paid in full remain the property of Sticker-Art. The customer may under no circumstances alienate, encumber or make it available to third parties under any name. We have the right to retrieve these goods if payment is not made within 60 days of the invoice date. This does not release the customer from the obligation to pay compensation and loss of profit.
6. RISK
Goods are at Sticker-Art's risk until the moment that they are placed in the actual possession of the customer or third parties designated by the customer.
7. CHANGES
Changes to the customer's original order of whatever nature, which are specified by the customer and cause higher costs than could be counted on in the quotation, will be charged extra to the customer. Notification of change must be communicated in writing. In the case of an oral or telephone order, the risk for the implementation of the change(s) is for the account of the client.
Exceeding the agreed delivery times due to later changes by the client are at the client's risk.
8. COPYRIGHT
By placing an order, the client declares that no copyright or industrial property right of third parties is infringed and he indemnifies Sticker-Art in and out of court against all consequences, both financial and other, arising from the order.
The copyright and all other intellectual or industrial property rights on designs, working drawings, test assignments, documentation, etc. that are delivered or made available to the client by Sticker-Art, rest exclusively with Sticker-Art. Multiplication or use of this is only possible after explicit written permission from Sticker-Art.
Means of production such as negatives, positives, working drawings, films, digital data carriers, etc. remain the property of Sticker-Art, unless these have been provided by the client. We are not obliged to keep these, unless otherwise agreed in writing. Storage may be charged.
9. DELIVERY OF ORIGINALS
Originals must be delivered in a manner specified by us. If the delivery is made in another way, costs arising from image processing may be passed on. The image quality can also be adversely affected, for which Sticker-Art can never be held liable.
10. DEROGATIONS
Color deviations are not a reason for rejection of the order.
If a specified font is not available, it can be replaced with a similar one.
When processing special materials and semi-finished products, Sticker-Art cannot take any responsibility for the durability, adhesion, wear resistance and similar properties of these materials. Also, responsibility for this is always excluded in the case of materials and semi-finished products supplied by the customer. For printing, both in screen and offset printing, this also applies to light and color fastness.
For some goods we have the right to deliver 10% more or less than what was ordered. This only applies when this has been confirmed in writing to the client. More or less quantities are calculated at a unit price.
11. DAMAGES, LIABILITY AND WARRANTY
Sticker-Art is for attributable shortcomings in the fulfillment of agreements that fall under the General Terms and Conditions only liable for replacement compensation by either renewed delivery of good products or a monetary compensation that does not exceed the invoice value. Any liability for any other form of damage, such as additional damage, consequential damage or damage due to lost profits, is excluded.
Insofar as obligations are imposed on us in the previous paragraph, we only have to fulfill them after our other party has paid what it owes us, including what it owes us under other agreements.
In the event of an unlawful act by Sticker-Art, its employees or third parties for which Sticker-Art can be held legally liable, we are only liable for compensation for damage due to death or physical injury and for other damage, the latter insofar as this is caused by intent. or gross negligence. In these cases, the compensation will in no case amount to more than EUR 1,000,000.00 per event or related series of events. A condition for the existence of any right to compensation is always that the client has notified us of this in writing as soon as possible after the damage has arisen, but at the latest within 14 days after the damage has been discovered.
For goods delivered by us, but not produced, only a guarantee is given, as provided to us and fulfilled by a supplier. Any refund will be granted if the guarantee is accepted by the supplier, at most for the amount reimbursed to Sticker-Art by the latter.
The warranty stated by the manufacturer applies to self-adhesive foil, based on the specifications given regarding color fastness, adhesive power, application instructions, processing temperature and conditions. In case of disputes, the expertise of the manufacturer can be requested.
If texts and images supplied by Sticker-Art are used by the customer for reproduction purposes, we are only liable for any errors made by us in the original design and never for the produced. The customer is personally liable for checking the delivered goods before proceeding to reproduction and to report any errors immediately to Sticker-Art, so that they can be repaired by us. This also applies to texts and images of self-adhesive foil or other materials before they are pasted or attached to a carrier. Sticker-Art is not liable for any assembly, installation costs or other repair damage if any errors or defects are found after processing the delivered materials.
Sticker-Art does not guarantee defects and shortcomings that arise after delivery, as a result of normal wear and tear, incompetent and / or improper use or lack of care, or which are the result of changes made to the delivered goods by the client or third parties. If self-adhesive materials are processed by the client himself, Sticker-Art will not be liable for any damage to paint or varnish, adhesion and correct application.
We are not liable for direct or indirect damage to third parties, caused by or in connection with goods delivered by Sticker-Art.
12. OUTSOURCING WORK TO THIRD PARTIES
Sticker-Art is authorized to have an order or part thereof carried out by third parties. The same responsibility and guarantee applies to the customer for this as for goods produced by Sticker-Art itself.
13. CANCELLATION
If the customer wishes to cancel an order in whole or in part, this is only possible as long as the order is not yet in production. The right of withdrawal is included in the Distance Selling Act, but since all our products are custom-made, this does not apply to our products. That is why cancellation is only possible if an order is not yet in production. Once the print file has been approved by the client, the order goes into production. This is an automated process. Do you want to cancel an order? Please contact Sticker-Art@Outlook.com as soon as possible to find out if cancellation is still possible.
14. FORCE MAJEURE
Neither party is obliged to fulfill any obligation if it is prevented from doing so as a result of circumstances that are not due to its fault and which are not for its account under the law, legal act or generally accepted standards.
15. DISSOLVE
If one of the parties applies for a moratorium or goes bankrupt, the other party has the right to declare the concluded agreement(s) dissolved by registered letter or, at its option, to suspend fulfillment of the obligations. All amounts owed to the party entitled to cancellation will become immediately due and payable at that time. The rights with regard to non-compliance with obligations remain fully reserved to the relevant party, including expressly the right of ownership of the delivered goods.
16. APPLICABLE LAW
All agreements to which these General Terms and Conditions apply are governed by Dutch law.