Terms & Conditions

Article 1: General

  1. All our offers, agreements and the execution thereof are exclusively governed by these conditions. Deviations must be expressly agreed with us in writing.
  2. In these terms and conditions, “the other party” means: any (legal) person who has entered into or wishes to conclude an agreement with our company and who, in addition to this, his representative (s), authorized representative (s), successor in title ( n) and heirs.
  3. The own terms and conditions used by the other party remain unaffected insofar as not in conflict with the present terms and conditions. In that case, our terms and conditions will prevail at all times, even if otherwise priority has been stipulated.

Article 2: Offers

  1. All offers made by us, in whatever form, are without obligation, unless explicitly stated otherwise.
  2. If an offer is accompanied by budgets, plans, catalogues or other documents, these will remain our property at all times and must be returned to us carriage paid upon first request. They may not be reproduced or given to third parties for inspection without our permission.
  3. Sending offers and / or (other) documentation does not oblige us to accept an order. Non-acceptance will be notified to us by the other party as soon as possible, but in any case within 14 days.
  4. We reserve the right to refuse orders without stating reasons, or to deliver COD.

Article 3: Agreement

  1. Subject to the provisions below, an agreement with us will only be concluded after we have accepted or confirmed a payment, whereby the date of the confirmation is decisive. The order confirmation is deemed to represent the agreement correctly and completely, unless the other party has immediately protested against this in writing.
  2. Any additional agreements or changes made later will only bind us if they have been confirmed by us in writing.
  3. For transactions for which no offer or order confirmation is sent in terms of nature and size, the invoice is deemed to represent the agreement correctly and completely, except for complaints within 3 working days.
  4. Each agreement is entered into on our part under the suspensive condition that the other party – solely at our discretion – appears sufficiently creditworthy for the financial performance of the agreement.
  5. We are entitled at or after entering into the agreement, before (further) performance, to demand security from the other party that both the payment obligation and the other obligations will be met.
  6. We are authorized, if we deem this necessary or desirable for the proper execution of the assignment given to us and after consultation with the other party, to engage others in the performance of the agreement, the costs of which will be charged on to the other party in accordance with the quotations provided.
  7. The other party is obliged to provide us in good time with all information and documents that are necessary for the correct execution of the agreement.

Article 4: Prices

  1. Unless otherwise stated, our prices are:
    • based on delivery from our company, warehouse or other warehouse,
    • excluding VAT, import duties, other taxes, levies and duties,
    • excluding the costs of packaging, loading and unloading, transport and insurance, in euros; any exchange rate changes are passed on.
  2.  In the event of an increase in one or more of the cost price factors, we are entitled to increase the order price accordingly; all this with due observance of any relevant statutory regulations, on the understanding that already known future price increases must be stated in the order confirmation.

Article 5: Cancellation

  1. If the other party wishes to cancel after an agreement has been concluded, 1/3 of the order price (incl. VAT) will be charged as cancellation costs, without prejudice to our right to full compensation, including loss of profit.

Article 6: Delivery

  1. From the moment the purchase agreement is concluded, the purchased item is at the risk of the other party. Unless otherwise agreed, delivery to the home / company of the other party takes place.
  2. The time of delivery is the moment when the purchased item is ready for transport.
  3. The other party is obliged to check the delivered goods or the packaging immediately upon delivery for any shortages and / or visible damage, or to carry out this check after notification on our part that the goods are available to the other party.
  4. Any shortcomings and / or damage to the delivered and / or packaging that are present on delivery must be stated by the other party on the delivery note.
  5. We are entitled to deliver in parts (partial deliveries), which we can invoice separately.
  6. Delivery times are always approximate, unless expressly agreed otherwise in writing.
  7. If the goods have not been purchased by the other party after the delivery time has expired, they are stored at his disposal, at his expense and risk.
  8. The purchased items will be shipped approximately after two workings days once we received the payment into our bank account.
  9. The shipping costs are for the receiving party.
  10. It is not possible to return goods.

Article 7: Transport / Risk

  1. The method of transport, shipping, packaging, etc., if no further instructions have been given to us by the other party, will be determined by us as a good family man / merchant. Unless otherwise agreed, the other party assumes all risk in this, including the fault / negligence of the carrier.
  2. Any specific wishes of the other party regarding the transport / shipment will only be carried out if the other party has declared that it will bear the additional costs thereof.
  3. We are entitled to charge a fee for sustainable packaging materials, which is stated on the invoice. When we charge such a fee, it will be settled after return in undamaged condition.

Article 8: Force majeure

  1. “Force majeure” in this context means: Any circumstance independent of the parties’ will or unforeseen circumstance whereby fulfilment of the agreement can no longer reasonably be demanded by the other party.
  2. If in our opinion the force majeure will be of a temporary nature, we have the right to suspend the execution of the agreement until the circumstance causing the force majeure no longer occurs.
  3. In our opinion, if the force majeure situation is of a lasting nature, the parties can make an arrangement regarding the dissolution of the agreement and the associated consequences.
  4. We are entitled to claim payment for the services performed in the performance of the agreement in question before the circumstance causing the force majeure has become apparent.
  5. The party that thinks it is or will be in force majeure must immediately inform the other party thereof.

Article 9: Intellectual property and confidentiality

  1. All hardware and software, drawings, molds, lithographs, designs, sketches, models and the like, manufactured by or on behalf of us in the execution of the agreement, remain our inalienable property, as well as the right to use them. If the other party infringes our intellectual / industrial property rights in any way, it will immediately forfeit an immediately due and payable fine of € 5,000.00 per violation, without prejudice to our right to full compensation.
  2. The other party guarantees us at all times that the use of data provided by the other party or otherwise will not conflict with legal regulations or the intended rights of third parties.
  3. The other party fully indemnifies us against all direct and indirect consequences of claims that third parties may assert against us for breach of the guarantee referred to in point 2 of this chapter
  4. The parties are at all times obliged to keep secret all details that become known to them by virtue of an agreement. The other party will observe secrecy with regard to all data and information that come to its attention regarding the hardware or software, unless these can reasonably be considered to be already known in general.

Article 10: Liability

  1. We exclude any liability, insofar as this is not regulated by law.
  2. Our liability will never exceed the total amount of the order in question, unless our insurers provide cover above it.
  3. Subject to the generally applicable legal rules of public order and good faith, we are not obliged to pay any compensation of damage of any kind, directly or indirectly, including trading loss, to movable or immovable property, or to persons, both at the other party as with third parties.
  4. In any case, we are not liable for damage caused or caused by the use of the delivered goods or by the unsuitability thereof for the purpose for which the other party has purchased it.
  5. By only receiving the delivered goods by or on behalf of the other party, we are indemnified against all possible claims of the other party and / or of third parties to pay compensation, regardless of whether the damage arose as a result of composition and / or manufacturing defects or any other cause.

Article 11: Complaints

  1. Any complaints will only be handled by us if they have reached us in writing directly within 14 days after delivery of the relevant performance, with an accurate statement of the nature and basis of the complaints.
  2. Complaints about invoices must also be submitted in writing within 21 days of the invoice date.
  3. After expiry of this term, the other party is deemed to have approved the delivered goods or the invoice. Complaints will then no longer be processed by us.
  4. If the complaint is found to be well-founded by us, we are only obliged to still deliver the agreed performance, unless we prefer crediting.
  5. Only if and insofar as the complaint is found to be well-founded does this suspend the other party’s payment obligation until the moment the complaint has been settled.
  6. Return of the delivered goods can only be separated after our prior written permission, under conditions to be determined by us.

Article 12: Warranty

  1. With due observance of the limitations set out below, we grant such a guarantee with regard to the Printheadshop.com delivered products, if offered by the manufacturer. Unless otherwise agreed in writing, warranty is only provided on the materials supplied; we are entitled to charge labor costs.
  2. The guarantee lapses if the other party and / or third parties engaged by him make improper use of the delivered goods.
  3. The guarantee also lapses if the other party and / or third parties engaged by it carry out work or changes to the delivered goods.
  4. If we replace parts in accordance with our guarantee obligation, the replaced parts will become our property.
  5. If the other party does not, partially or not timely fulfil any obligation arising from the contract concluded between the parties, we are not obliged to provide a guarantee as long as that situation continues.

Article 13: Retention of title

  1. Delivered goods remain our property until the moment that all our deliveries and work or deliveries and work to be performed under contract, including interest and costs, have been paid by the other party. In the event of a moratorium, bankruptcy, suspension of payment, liquidation of the other party, or death if the other party is a natural person, we are entitled to cancel the order in whole or in part without notice of default or judicial intervention and the unpaid part of the to reclaim the delivered goods. Cancellation and return do not affect our right to compensation for loss or damage. In these cases, any claim from us against the other party will be immediately due and payable.
  2. The goods can be resold or used by the other party in the context of its normal business activities, but may not be given as collateral nor serve as security for a claim by a third party. In case of resale of a (not yet) fully paid goods, the other party is obliged to make the same retention of title as stated in these conditions.
  3. We are at all times entitled to remove the delivered goods from the other party or its holders on the basis of these conditions, if the other party does not fulfil its obligations. To this end, the other party must provide all necessary cooperation on first request on pain of a fine of € 450.00 per day that it is / remains in default.
  4. In addition, as security for the correct payment of all our claims, for whatever reason, we obtain a non-possessory pledge – due to the origin of the claim – on all those items in which the items supplied by us have been incorporated or are part of them. As long as one of our claims has not been paid, we also acquire a non-possessory pledge on all claims that the other party could assert against any third party in connection with the goods supplied by us. The other party is obliged to provide us with all relevant information and documentation in this regard on first request, on pain of a fine of € 450.00 per day that it is / remains in default. The assignment signed by the other party and the subsequent written acceptance on our part count as a private deed as referred to in the Act.

Article 14: Repair

  1. Unless agreed otherwise in writing, all our repair work is carried out at an applicable rate and all replaced parts and / or materials become our property. If warranty claims exist, no material costs will be charged.
  2. All items given for repair are insured against fire on the basis of the current value.
  3. We are at all times entitled to withhold any good that we hold under us from any other party until the other party has paid all that it owes us or has provided sufficient security to that effect. If we are obliged to exercise this right of retention, we are also entitled to charge the other party for all associated costs, including storage or storage costs.

Article 15: Payment

  1. Unless otherwise agreed in writing, payment must be made via credit card or IDEAL. The value day indicated on our bank and / or giro statements is decisive and is therefore regarded as the payment day.
  2. All payments made by the other party primarily serve to settle any interest and collection costs incurred by us and subsequently to settle the oldest outstanding invoices.
  3. In the event that the other party:
    • is declared bankrupt, files for bankruptcy, files a petition for suspension of payments, or an attachment is levied on all or part of his property;
    • dies or is placed under guardianship;
    • fails to fulfil any obligation incumbent on him or her under these conditions;
    • fails to pay an invoice amount or a part thereof within the stipulated period, we have the right by simply taking place of one of the reported circumstances, either to dissolve the agreement or to owe any amount owed by the other party on the basis of the to provide services or goods supplied immediately, without any warning or notice of default being required, in full, without prejudice to our right to compensation of costs, damage and interest.

Article 16: Applicable law

All our offers, agreements and the execution thereof are exclusively governed by Dutch law.

Article 17: Disputes

  1. All disputes, including those that are considered as such by only one party, arising from or related to the agreement to which these conditions apply or the relevant conditions themselves and its interpretation or implementation, both factual and legal, will be decided by the competent civil court within whose jurisdiction our residence is located, unless the subdistrict court has jurisdiction.
  2. We are nevertheless entitled to have the dispute settled by arbitration, in which case we will notify the other party in writing. The other party then has the opportunity for one month to pronounce itself for settlement by the civil court.