General Terms & Conditions

General Terms And Conditions

CONTENTS

Article 1 – Definitions

Article 2 – The Seller’s identity

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Buyer’s obligations during the reflection period

Article 8 – Exercising the Buyer’s right of withdrawal and the costs

Article 9 – Seller’s obligation in case of withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Compliance and extra guaranty

Article 13 – Delivery and execution

Article 14 – Continuing performance contract: duration, termination and extension

Article 15 – Payment

Article 16 – Complaints procedure

Article 17 – Disputes

Article 18 – Sector guarantee

Article 19 – Additional or varying provisions

 

Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

Additional agreement: an agreement in which the buyer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the seller or a third party on the basis of an arrangement between this third party and the seller;

Reflection period: the period during which the buyer may use his right of withdrawal;

Buyer: shall mean the person, firm or body corporate or unincorporate contracting with the Seller whether as agent or not and if contracting as agent then the agent shall be deemed to include the principal of such agent.

Day: calendar day;

Digital content: data produced and delivered in digital form;

Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;

Sustainable data carrier: any means, including email, that allow the buyer or the seller to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.

Right of withdrawal: the buyer’s option not to proceed with the distance agreement within the cooling-off period;

Seller: the natural of legal person who provides products, (access to) digital content and or services to buyer at a distance;

Distance contract: a contract concluded by the seller and the buyer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;

Standard form for withdrawal: the European standard form for withdrawal included in Appendix 1; 3

Technology for distance communication: a means to be used for concluding an agreement without the buyer and the seller being together in the same place at the same time.

 

Article 2 – The seller identity

Uniq Print

Tolstraat 109-4, 1074 VH Amsterdam, Netherlands

Telephone number: +3120-2600 170

info@uniqprint.co.uk

Chamber of Commerce number:27300162

VAT identification number: NL199689891B01

 

Article 3 – Applicability

These General Terms and Conditions apply to any offer from the Seller and to any distance contract concluded by the Seller and the Buyer.

Before concluding a distance contract, the Seller shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Seller shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.

If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Buyer electronically in such a way that the Buyer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Buyer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract;

In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Buyer may always appeal to the applicable provision that is most favourable to him/her.

 

Article 4 – The offer

If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.

The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable 4 the Buyer to assess the products, or services and/or digital content adequately. If the Seller makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Seller.

All offers contain such information that it is clear to the Buyer what rights and obligations are attached to accepting the offer.

 

Article 5 – The contract

Subject to the provisions in paragraph 4, the contract becomes valid when the Buyer has accepted the offer and fulfilled the terms and conditions set.

If the Buyer accepted the offer via electronic means, the Seller shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Buyer may repudiate the contract.

If the contract is concluded electronically, the Seller will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Buyer can pay electronically, the Seller shall observe appropriate security measures.

The Seller may, within the limits of the law, gather information about Buyer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Seller has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.

Before delivering the product, the Seller shall send the following information along with the product, the service or the digital content in writing or in such manner that the Buyer can store it in an accessible manner on a long-term data carrier:

the visiting address of the Seller´s business establishment where the Buyer may get into contact with any complaints;

the conditions on which and the manner in which the Buyer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;

the information corresponding to existing after-sales services and guarantees;

The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;

the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.

the standard form for withdrawal if the Buyer has the right of withdrawal.

In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.

 

Article 6 – Right of withdrawal

The Buyer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. The Seller may ask the Buyer about the reason for the withdrawal but cannot force him to state his reason(s).

The reflection period referred to in sub-clause 1 starts on the day the product is received by the Buyer or by a third party appointed by him in advance and who is not the carrier, or

if the Buyer ordered several products in the same order: the day on which the Buyer or a third party appointed by him received the last product. The Seller may refuse an order of several products 5 with different delivery dates provided that he clearly informs the Buyer prior to the order process.

in case the delivery of a product consists of several batches or parts: the day on which the Buyer or a third party appointed by him received the last batch or the last part.

in case of an agreement about regular delivery of products during a given period: the day on which the Buyer or a third party appointed by him received the first product.

 

Article 7 – Buyer’s obligations during the time of reflection

During this period, the Buyer shall handle the product and the packaging with care. The Buyer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Buyer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.

The Buyer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section 1.

The Buyer is not liable for the decrease in value of the product if the Seller has not provided him with all legal information about the right of withdrawal before concluding the Agreement.

 

Article 8 – Exercising the Buyer’s right of withdrawal and the costs

If the Buyer exercises his right of withdrawal he shall notify the Seller unambiguously with the standard form for withdrawal within the period of reflection.

The Buyer shall return the product or deliver it to (the authorized representative of) the Seller as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1. This need not be done if the seller offered to collect the product himself. The Buyer observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.

The Buyer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the Seller.

The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Buyer.

The Buyer shall bear the direct costs of returning the product. If the Seller has not reported that the Buyer has to bear these costs or if the Seller pointed out that he will bear the costs himself, the Buyer need not pay the cost of returning the product.

If the Buyer withdraws after having first explicitly requested that the performance of a service or the supply of gas, water or electricity having not been made ready for sale not be started in a limited volume or given quantity during the period of reflection, the Buyer shall pay the Seller an amount that is equal to the part of the obligation already performed at the time of withdrawal as compared with the full compliance of the obligation.

The Buyer does not bear the costs for performing services for the supply of water, gas or electricity that had not been made ready for sale in a limited volume or quantity, or for the supply of district heating if

the Seller has not provided the Buyer with the statutorily required information about the right of withdrawal, the compensation of costs in case of withdrawal or the standard form for withdrawal, or

if the Buyer has not explicitly requested that the performance of the service or the supply of gas, water and electricity or district heating be started during the period of reflection.

The Buyer does not bear any cost for the full or partial delivery of digital content not stored on a physical carrier if

prior to the delivery, he has not explicitly consented to start performance of the agreement before the end of the period of reflection;

he did not acknowledge to lose his right of withdrawal when giving consent; or

the Seller failed to confirm the Buyer’s statement.

If the Buyer exercises his right of withdrawal, all additional agreements end by operation of law.

 

Article 9 – Seller’s obligations in case of withdrawal

If the Seller makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.

The Seller shall reimburse all payments made by the Buyer, including any delivery costs that the Buyer may charge for the returned product, as soon as possible but within 14 days following the day on which the Buyer notified him of the withdrawal. Unless the Seller offers to collect the product himself, he can wait with paying back until having received the product or until the Buyer proved that he returned the product, whichever occurs first.

The Seller shall make use of the same means of payment that the Buyer used, unless the Buyer consents to another method. The reimbursement is free of charge for the Buyer.

If the Buyer opted for a more expensive method of delivery instead of the cheapest standard delivery, the Seller need not reimburse the additional costs for the more expensive method.

 

Article 10 – Exclusion of the right of withdrawal

The Seller can exclude the following products and services from the right of withdrawal but only if the Seller notified this clearly when making the offer or at any rate in good time before concluding the agreement: 7

Products or services with a price that is subject to fluctuations in the financial market on which the Seller has no influence and which may occur within the period of withdrawal;

Agreements that are concluded during a public auction. A public auction is defined as a selling method whereby the Seller offers products, digital content and/or services to the Buyer who is personally present or has the possibility to be personally present at the auction under the direction of an auctioneer and whereby the successful bidder is obliged to purchase the products, the digital content and/or the services.

Services agreements, after full performance of the service, but only if

the performance started with the Buyer’s explicit prior consent; and

the Buyer stated that he will lose his right of withdrawal as soon as the Seller has fully performed the agreement.

Services agreements for making accommodation available when a certain period of implementation is provided and other than for residential purposes, goods transports, car rental services and catering;

Agreements related to leisure activities when a certain date or period of performance is arranged in the agreement;

Products manufactured in accordance with the Buyer’s specifications which are not prefabricated and which are produced on the basis of a Buyer’s individual choice or decision or which are intended for a specific person;

Perishable products or products with a limited durability.

Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken;

Products which for their nature are irreversibly mixed with other products;

Alcoholic drinks of which the price has been agreed upon at the conclusion of the agreement but of which the delivery can take place only after 30 days, and whose real value depends on fluctuations in the market which the Seller cannot affect.

Sealed audio and video recordings and computer programs of which the seals were broken after delivery;

Newspapers, periodicals or magazines, with the exception of subscriptions to them;

The delivery of digital content other than on a physical carrier, but only if:

the performance was started with the Buyer’s explicit prior consent;

the Buyer stated that he will lose his right of withdrawal by doing so.

 

Article 11 – The price

The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.

Contrary to the previous paragraph, the Seller may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Seller’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.

Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.

Price increases from 3 months after concluding the contract are permitted only if the Seller has stipulated it and

they are the result of legal regulations or stipulations, or

the Buyer has the authority to cancel the contract before the day on which the price increase starts.

All prices indicated in the provision of products or services are including VAT.

 

Article 12 – Performance of an agreement and extra Guarantee

The Seller guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the Seller also guarantees that the product is suitable for other than normal use.

An extra guarantee offered by the Seller, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Buyer may exercise against the Seller about a failure in the fulfilment of the Seller’s obligations if the Seller has failed in the fulfilment of his part of the agreement.

‘Extra guarantee’ is taken to mean each obligation by the Seller, his Supplier, Importer or Manufacturer in whom he assigns certain rights or claims to the Buyer that go further than he is legally required in case he fails in the compliance with his part of the agreement.

 

Article 13 – Delivery and execution

The Seller shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.

The place of delivery is at the address given by the Buyer to the Seller.

With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Seller shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Buyer shall be informed about this within one month after ordering. In such cases, the Buyer is entitled to repudiate the contract free of charge and with the right to possible compensation.

After repudiation in conformity with the preceding paragraph, the Seller shall return the payment made by the Buyer promptly but at least within 30 days after repudiation.

The risk of loss and/or damage to products will be borne by the Seller until the time of delivery to the Buyer or a representative appointed in advance and made known to the Buyer, unless explicitly agreed otherwise.

 

Article 14 – Continuing performance agreements: duration, termination and renewal

Termination

The Buyer may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of products (including electricity) or services, with due observance of the termination rules and subject to not more than one month’s notice.

The Buyer may at all times terminate a contract that was concluded for a specific time and which extends to the regular delivery of products (including electricity) or services at the end of the specific period, with due observance of the termination rules and a subject to not more than one month’s notice.

The Buyer can cancel the agreements mentioned in the preceding paragraphs:

– at any time and not be limited to termination at a particular time or in a given period;

– at least in the same way as they were concluded by him;

– at all times with the same notice as the Seller stipulated for himself.

Extension

An agreement concluded for a definite period which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.

Notwithstanding the preceding paragraph, a contract for a definite period which extends to the regular delivery of dailies, newspapers, weekly newspapers and magazines, may tacitly be renewed for specific period of three months at the most if the Buyer can terminate this extended agreement towards the end of the extension with a notice of one month at the most.

An agreement concluded for a definite period and which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the Buyer can cancel it at any time with a notice of one month. The notice is three months at the most in vase the contract is about a delivery of dailies, newspapers and weeklies and magazines occurring regularly but less than once a month.

An agreement with limited duration of regular delivery of trial dailies, newspapers, weeklies and magazines (trial or introductory subscription) is not renewed tacitly and ends automatically after the trial or introductory period.

Duration

If the duration of a contract is more than one year, the Buyer may terminate the contract at any time after one year with a notice of not more than one month, unless reasonableness and fairness resist the termination before the end of the agreed term.

 

Article 15 – Payment

Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Buyer must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day that the Buyer received the confirmation of the agreement.

When selling products to Buyers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. If an advance payment was agreed, the Buyer may not assert any right regarding the execution of the order in question or the service(s) in question before making the agreed advance payment.

The Buyer has the duty to inform the Seller promptly of possible inaccuracies in the payment details that were given or specified.

In case the Buyer has not complied with his payment obligation(s) in time, and the Seller has pointed out to him that the payment was late and allowed the Buyer a period of 14 days to comply with the payment obligations, the Buyer is to pay the statutory interest on the amount payable and the Seller is entitled to charge the Buyer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following € 2,500 and 5% for the following € 5000, with a minimum of € 40. The Seller may deviate from the aforementioned amounts and percentages in favour of the Buyer.

 

Article 16 – Complaints procedure

The Seller shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure. 10

Complaints about the performance of the contract shall be submitted fully and clearly described to the Seller within a reasonable time after the Buyer discovered the defects

The complaints submitted to the Seller shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, the Seller shall respond within 14 days with a notice of receipt and an indication when the Buyer can expect a more detailed reply.

If the complaint cannot be solved in joint consultation within a reasonable time or within 3 months after submitting the complaint, there will be a dispute that is open to the dispute settlement rules.

 

Article 17 – Disputes

Contracts between the Seller and the Buyer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.

With due observance of the provisions set out below, the disputes between the Buyer and the Seller about the formation or the performance of contracts related to products or services that the Seller must deliver or has already delivered can be submitted by both the Buyer and the Seller to Geschillencommissie Webshop, Postbus 90600, 2509 LP, The Hague (Den Haag) (www.sgc.nl).

A dispute is handled by the Disputes Committee [Geschillencommissie] only if the Buyer submitted his/her complaint to the Seller within a reasonable period.

The dispute must have been submitted in writing to the Geschillencommissie Webshop within three months after arising of the dispute.

If the Buyer wishes to submit a dispute to the Geschillencommissie, the Seller is bound by this choice. When the Seller wishes to file the dispute to the Geschillencommissie, the Buyer must speak out in writing within five weeks after a written request made by the Seller whether he so desires or wants the dispute to be dealt with by the competent court. If the Seller has not heard of the Buyer’s option within the period of five weeks, the Seller is entitled to submit the dispute to the competent court.

The Geschillencommissie’s decision will be made under the conditions as set out in the rules of the Arbitration Commission. A decision made by the Geschillencommissie is a binding advice.

The Disputes Committee will not handle a dispute or will discontinue handling it if the Seller is granted a moratorium, goes bankrupt or actually ended his business activities before the Commission has handled a dispute at the hearing and delivered a final award.

If in addition to the Geschillencommissie Webshop another disputes committee recognised by or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) [Foundation for Buyer Complaints Committees] or the Klachteninstituut Financiële Dienstverlening (Kifid) [Financial Services Complaints Board] is competent, the disputes that are mainly related to sales methods or distance services, the Geschillencommissie Webshop Keurmerk is preferably competent, and for all other disputes, the disputes committee recognised by and affiliated with the SGC or Kifid is competent. 11

 

Article 18 – Additional provisions or derogations

Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Buyer’s detriment and must be put in writing or recorded in such a way that the Buyer can store them in an accessible manner on a long-term data carrier.

Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.