Article 1 - Definitions
In these general terms and conditions, the following terms have the following meaning, unless expressly stated otherwise.
Everprint a Vincitori website.
Consumer: Natural person who (not) acts in the exercise of his profession or business.
Buyer: The Consumer who enters into a (distance) agreement with the Seller.
Company: The natural or legal person who acts in the exercise of a profession or business.
Offer: Any written offer to Buyer to supply Products by Everprint.
Article 2 - Identity of the entrepreneur
Email address: Info@everprint.nl
Chamber of Commerce number: 71479015
Article 3 - Applicability
These terms and conditions apply to any Everprint Offering and any agreement between Everprint and a Buyer and to any product offered by Everprint. The present terms and conditions also apply to all agreements with Everprint, for the execution of which third parties must be involved.
Before a (distance) agreement is concluded, the Buyer will be provided with these general terms and conditions. If this is not reasonably possible, Everprint will indicate to Buyer how Buyer can view the general terms and conditions, which are in any case published on Everprint's website(s), so that Buyer can easily store these general terms and conditions on a durable data carrier.
Deviation from these general terms and conditions is in principle not possible. The applicability of any (other) general or (purchase) conditions of the Buyer is expressly rejected. Only Everprint's general terms and conditions apply to all orders agreed with Everprint. In exceptional situations, the general terms and conditions can be deviated from if this has been explicitly agreed in writing with Everprint.
These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer.
If one or more provisions of these general terms and conditions are partially or wholly invalid or are invalid, the other provisions of these general terms and conditions will remain in force, and the invalid/nullified provision(s) will be replaced by a provision with the same meaning as the original provision.
Ambiguities about the content, explanation or situations that are not regulated in these terms and conditions must be assessed and explained in the spirit of these terms and conditions.
Article 4 - The Offer
All offers made by Everprint are without obligation, unless expressly stated otherwise in writing. If the offer is limited or valid under specific conditions, this will be explicitly stated in the offer. An offer is only considered if it has been laid down in writing.
The quotations made by Everprint are without obligation. Everprint is only bound by the quotation if the Buyer's acceptance thereof is confirmed in writing within 30 days, or if Everprint sends an invoice based on what has been purchased by the Buyer and recorded in writing on the spot. Nevertheless, Everprint has the right to refuse an agreement with a potential Buyer for any reason justified by Everprint
The offer contains a complete and accurate description of the product offered. The description is detailed in such a way that the Buyer is able to make a proper assessment of the offer. Obvious mistakes or errors in the offer cannot bind Everprint. The images and specific data in the offer are only an indication and cannot be a ground for any compensation or dissolution of the agreement (at a distance). Everprint cannot guarantee that the colors in the image will correspond exactly to the real colors of the product.
Delivery times on the Everprint website are indicative and do not entitle the buyer to termination or compensation if they are exceeded, unless expressly agreed otherwise.
A composite quotation does not oblige Everprint to deliver part of the goods included in the offer or quotation at a corresponding part of the stated price.
In principle, no offers are made. If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last, and according to the run-out principle as indicated in the offer.
Article 5 - Conclusion of the agreement
The agreement is concluded at the moment that the Buyer has accepted an offer from Everprint by paying for the product in question.
An Offer can be made by Everprint via the webshop.
If Buyer has accepted the Offer by entering into an agreement with Everprint, Everprint will confirm the agreement with Buyer in writing by e-mail.
If the acceptance (on minor points) deviates from the offer included in the quotation or invoice, Everprint is not bound by it. The Buyer must pay the full quotation or invoice, unless the Buyer can demonstrate that it has been agreed otherwise.
Everprint is not bound by an Offer if the Buyer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or clerical error. The Buyer cannot derive any rights from this mistake or error.
Agreements or agreements can only be entered into by authorized personnel, employed or hired persons of Everprint who are authorized to represent and who have a written power of attorney.
Consumers can claim withdrawal within 14 days. The right of withdrawal is excluded if the Buyer is a company.
Article 6 - Performance of the agreement
Everprint will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
If and insofar as required for the proper execution of the agreement, Everprint has the right to have certain work performed by third parties at its own discretion.
The Buyer shall ensure that all data, which Everprint indicates are necessary or which the Buyer should reasonably understand to be necessary for the execution of the agreement, are provided to Everprint in a timely manner. If the information required for the execution of the agreement has not been provided to Everprint in time, Everprint has the right to suspend the execution of the agreement and/or to charge the buyer for the additional costs resulting from the delay in accordance with the usual rates.
Everprint is not liable for damage, of whatever nature, that is caused by Everprint based on incorrect and/or incomplete information provided by the Buyer, unless this inaccuracy or incompleteness was known to Everprint.
Buyer indemnifies Everprint against any claims from third parties who suffer damage in connection with the execution of the agreement and which is attributable to Buyer.
Article 7 - Delivery
Delivery takes place in principle from the warehouse of the Supplier.
If the commencement, progress or delivery of the services is delayed because, for example, the Buyer has not supplied all the requested information or has not provided it on time, does not provide sufficient cooperation, the (down) payment has not been received (on time) by Everprint or any delay due to other circumstances beyond Everprint's control, Everprint is entitled to a reasonable extension of the delivery/completion period. All agreed delivery times are never strict deadlines. The buyer must give Everprint written notice of default and allow him a reasonable term to be able to deliver. The buyer is not entitled to any compensation due to the delay.
The buyer is obliged to take delivery of the goods at the time they are made available to him in accordance with the agreement, even if they are offered to him earlier or later than agreed.
If the Buyer refuses to take delivery or is negligent in providing information or instructions necessary for the delivery, Everprint is entitled to store the goods at the expense and risk of the Buyer.
If Everprint requires information from the Buyer in the context of the execution of the agreement, the delivery time will commence after the Buyer has made this available to Everprint.
If Everprint has specified a term for delivery, this is indicative. For delivery outside the Netherlands, longer delivery times apply than specified via the website. This term depends on the delivery time of the Supplier.
Everprint is entitled to deliver the goods in parts, unless this has been deviated from by agreement or if the partial delivery does not have an independent value. Everprint is entitled to invoice the thus delivered separately.
Purchaser is responsible for the importation and payment of the VAT and any import duties of the products purchased by the Buyer.
Article 7A - Packaging and transport
Everprint commits itself towards the client to properly package the goods to be delivered or to have them packed by the Supplier and to secure them in such a way that they reach their destination in good condition during normal use.
Unless otherwise agreed in writing, all deliveries are exclusive of turnover tax (VAT), exclusive of packaging and packaging material.The acceptance of goods without comments or remarks on the waybill/invoice serves as proof that the packaging was in good condition at the time of delivery.
Buyer is deemed to be in possession of any required import and/or payment permits. The absence or withdrawal of these permits does not release the Buyer from the obligation to take delivery of the goods in the agreed manner. If the goods are not sold by Everprint for customs clearance, a Buyer cannot derive the right to cancel the order/order. If the Buyer has to pay import duties, these costs will be entirely at the expense and risk of the Buyer. Nor can the right to cancel the order/order be derived from an amendment of any quality regulations and/or objections made by third parties to the goods on the basis of patents, trademarks and other rights.
The risk of war is always borne by the Buyer.
Article 8 - Investigation, complaints
The buyer is obliged to inspect the delivered goods or have them examined at the time of delivery or delivery, but in any event within fourteen days of receipt of the delivered goods, but only to unpack or use them to that extent for to the extent necessary to assess whether he retains the product. In doing so, the Buyer should investigate whether the quality and quantity of the delivered goods correspond to the agreement and whether the products meet the requirements that apply to them in normal (trade) traffic.
The buyer is obliged to investigate how the product should be used and, in the event of personal use, to test the product in accordance with the instructions for use. Everprint does not accept any liability for incorrect use of the product by Buyer, nor for incorrect advice given by Buyer to Buyer's customers.
Any visible defects or shortcomings must be reported in writing to Everprint after delivery at email@example.com The buyer has a period of 14 days after delivery. Non-visible defects or shortcomings must be reported within one month after discovery, but at the latest within six months after delivery. In the event of damage to the product due to careless handling by the Buyer itself, the Buyer is liable for any reduction in value of the product.
If the Buyer wishes to return defective goods, this will only take place with the prior written consent of Everprint in the manner indicated by Everprint. Returns are at the sole discretion of Everprint.
If the Buyer exercises his right of withdrawal, he will, if in Everprint's opinion is necessary, return the product and all accessories, insofar as this is reasonably possible, in its original condition and packaging, in accordance with the return instructions of Everprint. Everprint.
Refunds will only be made if agreed in writing with Everprint.
Refunds to Buyer will be processed as soon as possible, but no later than 30 days after receipt of the return request. Refunds will be made to the previously specified account number.
If the Buyer exercises his right to complain, he has no right to suspend his payment obligation nor to settle outstanding invoices.
In the absence of a complete delivery, and/or if one or more products are missing, and this is attributable to Everprint, Everprint will send the missing product(s) via the Supplier upon request of the Buyer. cancel the remaining order (with refund of the excess). The confirmation of receipt of the products is leading here. Any damage suffered by the Buyer as a result of the deviating scope of the delivery cannot be recovered from Everprint.
Complaints are not possible if the Buyer has ordered the wrong products or had wrong expectations of the product concerned.
Article 9 - Prices
During the period of validity of the offer, the prices of the products offered will not be increased, unless there are changes in VAT rates.
The prices as stated in the offer are based on the cost factors applicable at the time of the conclusion of the agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes. Any advantages and disadvantages at the time of arrival, shipment or delivery will be credited or borne by the Buyer.
In the case of products that are subject to price fluctuations in the financial market and over which Everprint has no influence, Everprint may offer these products at variable prices. The offer states that the prices are target prices and can fluctuate.
Three months after the conclusion of the agreement, price increases may be applied by Everprint at its discretion. If price increases take place within these three months, this can only be the result of a statutory regulation.
Article 10 - Payment and collection policy
Payment must be made in advance by bank transfer. Objections to the amount of the invoices must be reported within 7 days of the invoice date, but do not suspend the payment obligation.
The buyer cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.
The buyer must pay these costs in one go, using the payment methods indicated on the web shop. Barring special circumstances, the Buyer can only agree on a further term in which the amount owed must be paid after explicit written permission from Everprint.
Everprint has the right to apply the payments made by the Buyer in the first place to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the accrued interest. Everprint may, without being in default as a result, refuse an offer of payment if the buyer designates a different order for the allocation. Everprint may refuse full repayment of the principal if the outstanding and accrued interest as well as the costs are not also paid.
If the Buyer does not meet his/her payment obligation, and not within the payment term of 14 days, the Buyer will first receive a written reminder before being in default, after which they will receive a reminder in which they are informed about the consequences of the absenteeism that has occurred.
From the date that the Buyer is in default, Everprint will, without further notice of default, claim the statutory interest from the first day of default until full payment and compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the graduated scale. from the decision on compensation for extrajudicial collection costs of 1 July 2012.
If Everprint has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The judicial and enforcement costs incurred are also for the account of the Buyer.
Article 11 - Warranty
Everprint does not guarantee that the products meet the specifications, usability and/or reliability stated in the offer and the legal rules/regulations at the time of the conclusion of the agreement. Everprint does not guarantee the existence of defects in the delivered goods, but Everprint strives and will make every effort to deliver the delivered goods in accordance with the agreement. The actual shelf life of non-perishable products cannot be guaranteed.
The warranty mentioned above is valid for the scope and for a period corresponding to the manufacturer's warranty. Everprint is never responsible for the suitability of the products for each individual application by the Buyer and for (advice on) the use or application of the products.
All products offered by Everprint bear a CE marking, as well as the name and address of the manufacturer.
If the goods to be delivered do not comply with these guarantees, Everprint will send the goods within a reasonable term after receipt thereof or, if return is not reasonably possible, written notice of the defect by Buyer, at Everprint's option. , replace or arrange for repair. In case of replacement, Buyer undertakes to return the replaced item to Everprint and to transfer title to Everprint if required by Everprint for refund.
The mentioned warranty does not apply if the defect has arisen as a result of injudicious or improper use or if, without the written permission of Everprint, the Buyer or third parties have made changes or attempted to make changes to the item or have used these for purposes for which the item is not intended or have been used under abnormal circumstances.
If the warranty provided by Everprint concerns an item produced by a third party, the warranty is limited to the warranty provided for it by the manufacturer of the item.
Everprint points out that certain products, including cosmetic care products, have a limited best-before date, which is stated on the product concerned at all times. The buyer must take into account this shelf life within which the quality and safety of the product can be guaranteed in accordance with the manufacturer's warranty.
For questions about the application of care products and the elaboration of certain ingredients, and their suitability for the Buyer, the Buyer can contact Everprint with questions in a general sense, or ask for specific advice from his own doctor or general practitioner. .
Article 12 - Suspension and dissolution
Everprint is authorized to suspend the fulfillment of the obligations or to dissolve the agreement, if the Buyer does not or not fully fulfill the (payment) obligations under the agreement.
In addition, Everprint is authorized to dissolve the agreement(s) existing between it and the Buyer, insofar as these have not yet been performed, without judicial agreement, if the buyer does not fulfill its obligations in time or properly. arising for him from any agreement concluded with Everprint.
In addition, Everprint is authorized to dissolve the agreement without prior notice of default if circumstances arise of such a nature that fulfillment of the agreement is impossible or can no longer be required according to standards of reasonableness and fairness or if otherwise circumstances arise which are of such a nature that unaltered maintenance of the agreement cannot reasonably be expected.
If the agreement is dissolved, Everprint's claims against the Buyer are immediately due and payable. If Everprint suspends the fulfillment of its obligations, it retains its rights under the law and agreement.
Everprint always reserves the right to claim compensation.
Article 13 - Limitation of Liability
If the performance of the agreement by Everprint leads to liability of Everprint towards the Buyer or third parties, that liability is limited to the costs charged by Everprint in connection with the agreement. The liability is in any case limited to the maximum amount of damage that is paid out by the insurance company per situation.
Everprint's liability is furthermore limited to the free repair of a defective item or the replacement of that item - or a part thereof - at the discretion of Everprint.
Everprint is not liable for consequential damage, indirect damage, trading loss, loss of profit and/or loss suffered, lost savings, damage due to business interruption and damage resulting from the use of products supplied by Everprint. For consumers, the limitation extends to what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
Everprint is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.
Everprint is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for any reason.
Everprint does not guarantee the correct and complete transmission of the content of and e-mail sent by/on behalf of Everprint, nor for the timely receipt thereof.
All claims by the Buyer due to shortcomings on the part of Everprint lapse if they are not reported in writing and with reasons to Everprint within one year after the Buyer was aware or could reasonably have been aware of the facts on which it bases its claims.< /span>
Everprint expressly disclaims all liabilities and claims from Buyers and third parties who have incurred (physical) damage through the use of the products. The products should only be used in accordance with the instructions for use and never exceed the daily amount. In the event of drug use, the Buyer must at all times consult his doctor.
Any advice given on the use of the products by Everprint is only general and without obligation. Each Buyer is responsible for assessing whether the product is suitable for him. In case of doubt, the Buyer's doctor or general practitioner should be contacted for an assessment of the use in the specific case.
The cosmetics and electrical appliances should be kept out of the reach of young children. In addition, the products must be stored in accordance with the instructions for use determined per product. Everprint recommends to consult an expert before using the cosmetic products in case of pregnancy, lactation, use of medication and in case of doubt about hypersensitivity to one of the ingredients.
Article 14 - Transfer of risk
The risk of loss or damage to the products that are the subject of the agreement transfers to the Buyer at the moment the goods leave Everprint's warehouse. Even if the goods are brought under the control of the Buyer and/or third parties, the risk has passed to the Buyer.
Article 15 - Force Majeure
Everprint is not liable if it is unable to fulfill its obligations under the agreement as a result of a force majeure situation, nor can it be obliged to fulfill any obligation if it is prevented from doing so as a result of a circumstance that is not due to its fault, and that is not for its account under the law, a legal act or generally accepted.
In any case, force majeure is understood to mean, but is not limited to what is understood in this regard in law and jurisprudence, (i) force majeure of Everprint's suppliers, (ii) failure to properly fulfill suppliers' obligations , (iii) defective goods, equipment, software or materials of third parties, (iv) government measures, (v) electricity failure, (vi) failure of the internet, data network and telecommunications facilities (for example due to: cyber crime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transportation problems, (x) strikes at Everprint's business and (xi) other situations that, in the opinion of Everprint, are beyond its control that could affect the fulfillment of its obligations temporarily or permanently. prevent.
Everprint has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after Everprint should have fulfilled its obligation.
Parties may suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement, without obligation to compensate the other party for damage.
Insofar as Everprint has already partially fulfilled its obligations under the agreement at the time of the occurrence of force majeure or will be able to fulfill them, and the part fulfilled or to be fulfilled has independent value, Everprint is entitled to to invoice the fulfilled or to be performed part separately. The buyer is obliged to pay this invoice as if it were a separate agreement.
Article 16 - Intellectual Property Rights
All IP rights and copyrights of Everprint rest solely with Everprint and are not transferred to Buyer and/or User.
The Buyer is prohibited from disclosing and/or multiplying, modifying or making available to third parties all documents covered by Everprint's IP rights and copyrights without the express prior written consent of Everprint. If the Buyer wishes to make changes to goods delivered by Everprint, Everprint must explicitly agree to the intended changes.
The Buyer is prohibited from using the products covered by Everprint's intellectual property rights other than as agreed in the agreement.
If the Buyer establishes an infringement of the intellectual property rights of Everprint, or otherwise suspects a (possible) infringement of the IP rights and copyrights, the Buyer will inform Everprint thereof as soon as possible.
Article 17 - Privacy, Data Processing and Security
Everprint handles the (personal) data of the Buyer and Users of the website(s) with care and will only use it in accordance with the privacy statement. If requested, Everprint will inform the data subject. Questions about the processing of personal data and further information can be sent by e-mail to firstname.lastname@example.org
If Everprint is required to provide information security under the agreement, this security will meet the agreed specifications and a security level that, in view of the state of the art, the sensitivity of the data, and the associated associated costs, is not unreasonable.
Article 18 - Complaints
If the Buyer is not satisfied with the service or products of Everprint or otherwise has complaints about the purchase agreement, the Buyer is obliged to report these complaints as soon as possible, but no later than 2 weeks after the relevant reason that led to the complaint. to report. Complaints can be reported via email@example.com with the subject “complaint”.
The complaint must be sufficiently substantiated and/or explained by the Buyer for Everprint to be able to handle the complaint.
Everprint will respond to the complaint as soon as possible, but at the latest within 5 working days after receipt of the complaint.
Parties will try to reach a solution together.
Article 19 - Applicable law
Every agreement between Everprint and the Buyer is governed by Dutch law. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
In the event of an explanation of the content and purport of these general terms and conditions, the Dutch text thereof is always decisive. Everprint is entitled to unilaterally adjust these general terms and conditions.
All disputes arising from or as a result of the agreement between Everprint and the Buyer will be settled by the competent court in Amsterdam, unless mandatory provisions lead to the jurisdiction of another court.