GENERAL TERMS AND CONDITIONS WEBSHOP (B2C)
Article 1 – Definitions
- Tattoo Temporary, based in the Netherlands, is referred to in these terms and conditions as seller.
- The other party to the Seller shall be referred to in these General Terms and Conditions as the Buyer.
- Parties are seller and buyer together.
- The agreement means the purchase agreement between the parties.
Article 2 – Applicability of general conditions
- These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of Seller.
- Deviations from these terms and conditions are only possible if this has been explicitly agreed in writing by the parties.
Article 3 – Payment
- The full purchase price is always paid immediately in the webshop. Reservations in some cases require a deposit. In this case, the buyer will receive proof of the reservation and prepayment.
- If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.
- If the buyer remains in default, the seller will proceed to collection. The costs related to such collection shall be borne by the buyer. These collection costs are calculated on the basis of the Decree on the reimbursement of extrajudicial collection costs (Besluit vergoeding voor buitengerechtelijke incassokosten).
- In the event of liquidation, bankruptcy, seizure or suspension of payment of the Buyer, the Seller’s claims against the Buyer shall be immediately due and payable.
- If the buyer refuses to cooperate with the execution of the order by the seller, he is still obliged to pay the agreed price to the seller.
Article 4 – Offers, quotations and price
- Offers are without obligation unless a period for acceptance is specified in the offer. If the offer is not accepted within that specified period, the offer expires.
- Delivery times in offers are indicative and, if exceeded, do not entitle the Buyer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
- Offers and quotations do not automatically apply to repeat orders. The parties must agree to this explicitly and in writing.
- The price stated on offers, quotations and invoices consists of the purchase price including the VAT due and any other government levies.
Article 5 – Right of withdrawal
- After receiving the order, the consumer has the right to dissolve the contract within 14 days without giving reasons (right of withdrawal). The period begins to run from the moment the (entire) order is received by the consumer.
- There is no right of withdrawal when the products are custom made according to his specifications or have only a short shelf life.
- The consumer can use a withdrawal form from the seller. Seller is obliged to make this available to Buyer immediately upon Buyer’s request.
- 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 judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the unused and undamaged product with all accessories supplied and – if reasonably possible – in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- You have the right to revoke the agreement within a period of 14 days without giving reasons. The withdrawal period expires 14 days from the day on which you or a third party designated by you, other than the carrier, takes physical possession of the good. To exercise the right of withdrawal, you must inform us Tattoo Temporary, Burgemeester Loeffplein 119, 5211RZ in ‘s-Hertogenbosch, firstname.lastname@example.org, 0617630097 by an unequivocal statement (e.g. in writing by mail, fax or e-mail) of your decision to withdraw from the agreement.
Article 6 – Modification of the agreement
- If during the execution of the agreement it appears that for a proper execution of the assignment it is necessary to change or supplement the work to be done, the parties shall adapt the agreement accordingly in good time and in mutual consultation.
- If the parties agree that the agreement will be amended or supplemented, this may affect the time of completion of the execution. Seller shall notify Buyer as soon as possible.
- If the amendment of or addition to the Agreement has financial and/or qualitative consequences, Seller will inform Buyer in writing in advance.
- If the parties have agreed a fixed price, the Seller shall indicate the extent to which the amendment or supplement to the Agreement will result in an increase in that price.
- Notwithstanding the provisions of the third paragraph of this article, the Seller cannot charge additional costs if the change or addition is the result of circumstances that can be attributed to him.
Article 7 – Completion and transfer of risk
- As soon as the purchased item is received by the buyer, the risk passes from the seller to the buyer.
Article 8 – Investigation and complaints
- The Purchaser shall be obliged to examine the delivered goods, or have them examined, at the time of delivery, but in any case within as short a period as possible. In doing so, the purchaser must examine whether the quality and quantity of the goods delivered correspond to what the parties have agreed, or at least whether the quality and quantity meet the requirements that apply to them in normal (commercial) dealings.
- Complaints relating to damage, shortages or loss of goods delivered must be submitted in writing to the Seller by the Buyer within 10 working days from the day of delivery of the goods.
- If the complaint is declared well-founded within the prescribed period, the seller has the right to either repair or redeliver, or to refrain from delivery and send the buyer a credit note for that part of the purchase price.
- Minor and/or deviations common in the industry and difference in quality, number, size or finish cannot be held against the seller.
- Complaints regarding a particular product do not affect other products or parts belonging to the same agreement.
- No complaints will be accepted after the goods have been processed at the buyer’s premises.
Article 9 – Samples and Models
- If a sample or model has been shown or provided to the Buyer, it is assumed to have been provided only as an indication, without the goods to be delivered having to correspond to it. This is different if the parties have expressly agreed that the good to be delivered will correspond with it.
- In contracts relating to immovable property, mention of the surface area or other dimensions and indications shall also be presumed to be intended only as an indication, without the property to be delivered having to correspond to it.
Article 10 – Delivery
- Delivery is made ‘ex works/store/warehouse’. This means that all costs are for the buyer.
- Buyer is obliged to accept the goods at the moment that Seller delivers them or has them delivered to him, or at the moment at which these goods are made available to him in accordance with the agreement.
- If the Buyer refuses to take delivery or is negligent in the provision of information or instructions necessary for delivery, the Seller shall be entitled to store the item at the expense and risk of the Buyer.
- If the goods are delivered, the Seller is entitled to charge any delivery costs.
- If Seller requires information from Buyer for the execution of the Agreement, the delivery period shall commence after Buyer has made such information available to Seller.
- Any delivery period specified by Seller is indicative. This is never a fatal deadline. If the deadline is exceeded, the buyer must give the seller written notice of default.
- The Seller shall be entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or partial delivery has no independent value. In the event of delivery in parts, Seller shall be entitled to invoice such parts separately.
Article 11 – Force Majeure
- If the seller is unable to fulfil his obligations under the agreement, or is unable to do so on time or properly, due to force majeure, he shall not be liable for any damage suffered by the buyer.
- Force majeure shall in any case be taken to mean any circumstance which the Seller could not take into account at the time of concluding the Agreement and as a result of which the normal performance of the Agreement cannot reasonably be required by the Buyer, such as illness, war or threat of war, civil war and riots, acts of war, sabotage, terrorism, energy failure, flooding, earthquake, fire, sit-down strikes, workers’ exclusion, amended government measures, transport difficulties, and other disruptions in the Seller’s business.
- Furthermore, the parties understand force majeure to mean the circumstance that supply companies on which the seller depends for the execution of the agreement do not meet their contractual obligations towards the seller, unless this is attributable to the seller.
- If a situation as referred to above arises as a result of which the Seller is unable to meet its obligations towards the Buyer, those obligations shall be suspended for as long as the Seller is unable to meet its obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties have the right to dissolve the agreement in writing in whole or in part.
- If the force majeure continues for more than three months, the buyer has the right to terminate the agreement with immediate effect. Dissolution can only be done by registered letter.
Article 12 – Transfer of rights
- Rights of one party under this Agreement may not be transferred without the prior written consent of the other party. This provision is considered to be a clause with property law effect as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.
Article 13 – Retention of title and right of retention
- The items present at the Seller’s premises and delivered items and parts shall remain the property of the Seller until the Buyer has paid the entire agreed price. Until that time, the Seller may invoke its retention of title and take back the goods.
- If the agreed amounts to be paid in advance are not paid or not paid on time, the seller has the right to suspend the work until the agreed part is paid. There is then a creditor default. A delayed delivery in that case cannot be held against the seller.
- The Seller shall not be entitled to pledge or otherwise encumber the goods falling under its retention of title.
- The Seller undertakes to insure the goods delivered to the Buyer under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy available for inspection on demand.
- If goods have not yet been delivered, but the agreed advance payment or price has not been paid in accordance with the agreement, the Seller has the right of retention. The item will then not be delivered until the buyer has paid in full and in accordance with the agreement.
- In case of liquidation, insolvency or suspension of payment of the buyer, the obligations of the buyer are immediately due and payable.
Article 14 – Liability
- Any liability for damage arising from or related to the performance of an agreement shall always be limited to the amount paid out in the relevant case by the liability insurance policy or policies taken out. This amount is increased by the amount of the deductible according to the relevant policy.
- Not excluded is the Seller’s liability for damage resulting from intent or deliberate recklessness on the part of the Seller or its executive employees.
Article 15 – Duty to complain
- Buyer is obliged to report complaints about the work performed to Seller immediately. The complaint shall contain as detailed a description as possible of the shortcoming, so that the Seller is able to respond adequately.
- If a complaint is justified, the seller is obliged to repair and possibly replace the good.
Article 16 – Guarantees
- If warranties are included in the agreement, the following shall apply. Seller warrants that the sold item meets the agreement, will function without defects and is suitable for the use that Buyer intends to make of it. This warranty is for a period of two calendar years from the date of receipt of the sold property by the buyer.
- The purpose of the aforementioned guarantee is to create a risk division between the Seller and the Buyer such that the consequences of a breach of guarantee are always fully at the Seller’s expense and risk and that the Seller can never invoke Article 6:75 of the Dutch Civil Code with respect to a breach of guarantee. The provisions of the previous sentence also apply if the infringement was known to the Buyer or could have been known by conducting research.
- The said warranty does not apply if the defect is the result of injudicious or improper use or if – without permission – the buyer or third parties have made changes or tried to make changes or have used the purchased item for purposes for which it is not intended.
- If the warranty provided by Seller relates to a good produced by a third party, the warranty is limited to the warranty provided by that producer.
Article 17 – Intellectual property
- Tattoo Temporary retains all intellectual property rights (including copyright, patent rights, trademark rights, design rights, etc.) in all products, designs, drawings, writings, carriers containing data or other information, quotations, images, sketches, models, scale models, etc., unless the parties have agreed otherwise in writing.
- The customer may not copy (or cause to be copied) said intellectual property rights, show them to third parties and/or make them available or use them in any other way without the prior written permission of Tattoo Temporary.
Article 18 – Amendment of general conditions
- Tattoo Temporary is entitled to amend or supplement these terms and conditions.
- Changes of minor importance may be made at any time.
- Major changes in content will be discussed by Tattoo Temporary with the customer in advance as much as possible.
- Consumers are entitled to terminate the contract in the event of a substantial change in the general conditions.
Article 19 – Applicable law and competent judge
- Any agreement between the parties shall be governed exclusively by Dutch law.
- The Dutch court in the district where Tattoo Tijdelijk is located has exclusive jurisdiction to hear any disputes between parties, unless the law mandatorily provides otherwise.
- The applicability of the Vienna Sales Convention is excluded.
- If in a legal procedure one or more provisions of these general conditions are considered unreasonably onerous, the other provisions shall remain in full force.
Article 20 – Company data
- Tattoo Temporary
- Burgemeester loeffplein 119
- 5211rz ‘s-Hertogenbosch
- Tattoo Temporary is a trade name of Interact Media
- Chamber of Commerce: 65092120
- VAT: NL216575813B01