General terms & conditions
Terms and Conditions
• ADS: ADS Graphics BV i.o., also trading under the name Allesomteprinten.nl, PrinterXL.nl, Deposterjongens.nl en Houseofprints.nl, having its registered office and principal place of business at Heraclesstraat 26, 5048 CG Tilburg, telephone number 013 – 533 6625, [email protected], registered with the Chamber of Commerce under number 18052020, VAT number NL001776443B14.
• Client: the party to whom ADS makes an offer or with whom ADS enters into an agreement.
• Agreement: : an agreement between ADS and Client under which ADS supplies goods and/or services to Client, such as an order (confirmation) or approved quotation, a service contract, a (purchase) agreement.
• Services: consultancy, installation and assembly work, maintenance work, signing, printing, reproduction.
• Terms and Conditions: this document.
• Website: the websites behind the domain names www.adsgraphics.nl, Allesomteprinten.nl, PrinterXL.nl, Deposterjongens.nl en Houseofprints.nl.
• Personalized items: Goods that ADS customises or in some other way personalises for Client.
Article 1: General
1.1 These General Terms & Conditions apply to all offers by and agreements of ADS with Client.
1.2 Agreements that deviate from these General Terms & Conditions are only binding if confirmed in writing.
1.3 General (purchase) conditions of Client do not apply unless the applicability has been confirmed in writing by ADS.
Article 2: Placing orders and conclusion of Agreement
2.1 An Agreement will be concluded after an order has been placed by Client in writing or by email or by using the Website, which order has been confirmed by ADS in writing or by email, or after ADS has sent an offer to Client, which offer has been accepted by Client.
2.2 When placing an order, Client accepts the applicability of the General Terms & Conditions to the Agreement.
2.3 ADS reserves the right to refuse an order in case of deliberate submission of incorrect information, non-payment or other matters where ADS considers the financial risk of delivery to be too high. Reasons will be given for refusing an order. The acceptance of an order may, in special cases, be subject to additional conditions such as prepayment.
2.4 In case of deliberate submission of incorrect data or any other form of fraud attempt, ADS will report this to the police / judicial authorities.
2.5 Before completing the order, Client will check the contents of the order and its particulars for correctness. Due to the speed of formatting, production, packaging and shipping, ADS may no longer be able to make changes. Any costs resulting from incorrect transmission of data will be borne by Client.
Article 3: Prices
3.1 The prices that ADS publishes on the Website or communicates to Client in writing or by email are in euro and exclusive of 21% VAT.
3.2 The order and/or shipping costs are calculated once per order and per address. Client will owe these order and/or shipping costs when placing an order.
3.3 ADS may change prices on the Website at any time. Price changes will have no effect on agreements that have already been concluded. Nevertheless, ADS is free at any time to adjust the prices of long-term price agreements in the interim as a result of changing purchase or transport costs, which ADS is confronted with.
3.4 ADS will inform Client of any price changes.
Article 4: Delivery
4.1 Delivery takes place by providing Client with possession of the goods ordered from ADS.
4.2Delivery of orders placed by Client on working days before 16.00 hours will generally take place on the next working day. The delivery time is an indication and not a strict deadline.
4.3 ADS has no influence on delays caused by the carrier and is not liable for them.
4.4 ADS will observe the delivery time as much as possible. However, ADS cannot be held liable for exceeding the delivery time that was reasonably unforeseeable at the time of entering into the Agreement. In such cases, ADS has the right to extend the delivery time free of charge or to cancel the agreement free of charge.
4.5 ADS is always entitled to deliver and invoice orders in parts.
4.6 If delivery does not take place within a period of thirty (30) days, unless otherwise agreed upon, Client has the right to cancel the order and reclaim any amounts already paid. Amounts already paid will in this case be credited within thirty (30) days without Client being able to claim any form of compensation.
4.7 If a shipment is refused or not collected, Client will reimburse ADS for the transport costs incurred by ADS.
Article 5: Services
5.1 ADS will perform the Agreement for Services to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
5.2 Production by ADS is based on measurements obtained in advance from Client. Client is solely responsible for the correctness of the measurements, colours and other data provided and ADS can never be held liable in this respect.
5.3 All the costs for the performance of Services will be borne by Client and will be calculated in accordance with the rates charged by ADS.
5.4 The delivery period for Services will only commence when Client has submitted all the documents required and the agreed (instalment) payment has been received.
5.5 In case of suspension of obligations by ADS, the delivery period will be extended by the time that ADS, with due observance of its planning, needs to perform the Services after the reason for the suspension has lapsed.
5.6 Statements of delivery times by ADS will be made to the best of its knowledge and will be respected as much as possible, but will never be strict deadlines. Exceeding these deadlines will never entitle Client to compensation, termination of the Agreement or non-fulfilment of any obligation. Client indemnifies ADS against third-party claims as a result of exceeding the delivery time or execution period.
5.7 In case of a change of circumstances that causes a delay, regardless of the foreseeability thereof, the agreed time of delivery will be postponed accordingly.
5.8 If it has been agreed that the work and/or delivery will take place in phases, ADS may postpone the start of the Services and/or deliveries belonging to a phase until Client has approved the completion of the preceding phase in writing and has fulfilled all its financial obligations regarding the partial delivery.
5.9 ADS may engage third parties to perform Services without requiring the consent of Client.
Article 6: Force majeure
6.1 Force majeure is understood to mean: any circumstance beyond the control of ADS which temporarily or permanently prevents performance of the Agreement.
6.2 In particular, force majeure, insofar as this is not already included in 6.1, war, war risk, civil war, riots, strikes, transport difficulties, large-scale virus outbreaks, fire and other serious disturbances in our company or that of our suppliers.
6.3 In case of force majeure, ADS has the right to extend the term of delivery by the duration of the force majeure or to terminate the agreement, insofar as it has not yet been performed, without ADS being obliged to pay any compensation in any form whatsoever, except pursuant to the provisions of Section 8 of Book 6 of the Dutch Civil Code.
Article 7: Transport and risk
7.1 The manner of transport, shipment and packaging will be determined by ADS, if no further instructions have been provided by Client to ADS. Any specific wishes of Client regarding transport/shipment will only be carried out if Client has declared to bear the additional costs thereof.
7.2 Immediately after delivery, Client will inspect the contents of the package and report any defects to ADS.
7.3 The risk of damage and loss of shipments to Client will be borne by ADS. After the goods have been received by Client, the risk of damage and loss is transferred to Client.
Article 8: Payment
8.1 The payment methods are indicated on the Website, or in writing or by email, such as:
– Payment in advance
– Payment in arrears (per invoice)
8.2 Payments per invoice will be credited to the account of ADS within fourteen (14) days after the invoice date, unless agreed otherwise. ADS may impose additional conditions for payment per invoice, such as providing a fixed telephone number to verify the order, requesting an extract from the Chamber of Commerce and/or providing a VAT number. ADS reserves the right to refuse payment per invoice.
8.3 Payment in advance can be made by bank transfer. In case of payment by bank, the date of payment will be the date on which the amount is credited to the bank account of ADS.
8.4 ADS reserves the right at any time to deviate from the payment method chosen by Client and to impose additional conditions.
8.5 If the payment term is exceeded, Client will be in default from the day that payment should have been made and from that day Client will owe the statutory trade interest on the amount due or the statutory interest if the Agreement does not concern a commercial transaction. In case of late payment after a written reminder by ADS, Client will also pay the actual and full collection costs incurred by ADS, including both judicial and extrajudicial costs for collection.
8.6 If the payment term is exceeded, all discounts or any price agreements will lapse.
8.7 If Client is in default with any payment, ADS has the right to suspend or terminate any further agreements.
Article 9: Retention of title
9.1 Delivered goods will remain the property of ADS until Client has fulfilled all payment obligations. However, the risk in respect of goods already delivered is already transferred to Client at the time of delivery.
9.2 Client will cooperate fully with ADS to retrieve the goods in question. Client will then owe ADS the costs of retrieving the goods.
Article 10: Guarantee
10.1 ADS guarantees that the goods to be delivered meet the usual requirements and standards that can be set for them and are free of any defects whatsoever.
10.2 The guarantee mentioned under 10.1 also applies if the goods to be delivered are intended for use abroad and Client has expressly notified ADS of such use in writing at the time of entering into the Agreement.
10.3 The guarantee mentioned under 10.1 will apply for a period of six (6) months after delivery of newly purchased goods, provided that Client demonstrates that the defectiveness is exclusively or predominantly due to defects that were hidden at the time of delivery, defective workmanship or processing or poor materials. This guarantee is without prejudice to the rights and claims that the law assigns to Client.
10.4 The proof of purchase serves as proof with regard to the guarantee.
10.5 If delivered goods do not comply with these warranties, ADS will, at its discretion, replace or repair the goods within a reasonable period of time after receipt thereof or, if return is not reasonably possible, after written notification of the defect by Client. In case of replacement, Client will return the replaced goods to ADS and to transfer ownership thereof to ADS.
10.6 The aforementioned guarantee does not apply if the defect has arisen as a result of injudicious or improper use or if, without the written consent of ADS, Client or third parties have made changes or attempted to make changes to the goods or have used these for purposes for which they are not intended.
10.7 If the delivered goods do not comply with what was agreed upon and this non-compliance is a defect within the meaning of the product liability regulations, ADS will in principle not be liable for consequential loss. However, in the case of consumers, if ADS wishes to invoke exclusion of liability, it will take into account the fact that the consumer can invoke the nullity thereof. It is up to ADS to prove that the clause is not unreasonably onerous in the specific circumstances.
10.8 Different guarantees are given per product type. The guarantee period of original equipment and print supplies applies as determined by the manufacturer of the article in question.
10.9 Client cannot invoke a guarantee in case:
a) Client has not fulfilled the payment obligation;
b) of normal wear and tear;
c) of injudicious use and/or non-observance of the instructions for use;
d) changes have been made to the goods;
e) of damage due to intent or gross negligence;
f) Client and/or any third parties engaged by Client on its own initiative during the guarantee period have carried out post-processing, alterations or repairs to the delivered goods.
Problems with the shipment at or by the company taking care of the shipment to ADS are at the risk of Client.
g) the purchased goods have been used before and the goods have thus been sold second hand, in which case Client will only be offered the opportunity by ADS to exchange the goods in question.
h) inks and paper have been removed from their packaging.
10.10 ADS will never be obliged to pay any compensation to Client or others, except in case of intent or wilful recklessness on the part of ADS.
Article 11: Return
11.1 Client has the right to terminate the Agreement during seven (7) working days after receipt without giving reasons after consultation with ADS.
11.2 Returns will be sent in the original packaging, undamaged, unopened and sufficiently postage prepaid. Client is responsible for proper shipping and the risks of shipment. Client will report the return shipment to ADS in advance. Unannounced shipments will not be reimbursed. ADS reserves the right to refund part of the amount if it is suspected that the goods have already been used or have been damaged after receipt.
11.3 After confirmation of the return shipment, Client will return the goods within five (5) working days.
11.4 Goods will be returned unused, complete, undamaged and in their original packaging. Excluded from return are goods made on behalf of Client and goods other than those purchased through ADS Graphics.
11.5 Payments already received will be refunded within thirty (30) days after acceptance of the return by ADS. If only part of an order is returned, the shipping costs of the original shipment will always be for the account of Client.
11.6 Under no circumstances can Personalised Goods be returned.
Article 12: Product information
12.1 ADS takes the greatest care in providing information on the goods. However, ADS accepts no liability for incorrect specifications and/or other indications of the goods provided by ADS.
12.2 Images shown are approximate only and may differ from the actual product. Deviating images may not give rise to compensation and/or termination of the Agreement.
12.3. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
Article 13: Deviations in size/colour
13.1 Client is aware of the fact that colour or size differences may occur between the products shown on the Website or in an example shown on a digital screen and the final result. These differences cannot be invoked as an attributable failure of ADS to fulfil its obligations. ADS accepts no liability for any damages resulting from any such differences.
13.2 Any differences in colour or size do not give the right to cancel or return the order. Nor will Client be entitled to a refund of the price.
Article 14: Personalised Goods
14.1 Client is fully responsible for the correct transmission of the data for the purposes of Personalised Goods.
14.2 If Client has submitted incorrect data to ADS, Client will purchase the related Personalised Goods and make payment without suspension.
14.3 When placing an order for Personalised Goods, Client waives the right to terminate this Agreement.
Article 15: Intellectual property rights
15.1 Unless agreed otherwise in writing, ADS will not transfer any intellectual property rights to Client.
Article 16: Liability
16.1 Subject to reliance on the guarantee and except in case of intent or deliberate recklessness the part of ADS, all liability on the part of ADS for damage resulting from defects in or to goods sold, both to Client and third parties is expressly excluded.
16.2. Except in case of wilful intent or recklessness on the part of ADS, ADS accepts no liability for errors made by employees of ADS or persons engaged by ADS in the context of the performance of the agreement.
16.3 ADS accepts no liability for errors or defects in goods provided by third parties or Client.
16.4 In any case, the liability of ADS does not exceed the amount covered by its liability insurance.
Article 17: Privacy
17.1 ADS attaches great value to the privacy of its clients. All personal data is therefore treated with care and stored securely. Legal regulations that apply to personal data are followed. ADS uses the personal data provided by Client for the processing of the order, for the ADS Customer Service and own marketing, provided that Client, who is a natural person, has given explicit written permission for this.
17.2 Personal data will not be provided by ADS to third parties without the consent of Client, unless this is necessary for processing the order and payment. This has been explicitly consented to by Client who is a natural person when placing the order.
17.3 Personal data may be changed or deleted at the request of the relevant Client.
Article 18: Disputes
18.1 This Agreement is exclusively governed by Dutch law.
18.2 If Client is not satisfied with a product and/or service, Client is requested to contact ADS as soon as possible via the Website or the email address: [email protected]
18.3 Disputes will be resolved as much as possible in mutual consultation.
18.4 All disputes in matters to which these General Terms & Conditions apply will be submitted to the Zeeland-West-Brabant District Court, seated in Breda.