Terms and conditions

Article 1 – Definitions

In these terms, the following definitions apply:

Cooling-off period:

the period within which the consumer can exercise the right of withdrawal;

Consumer:

the natural person not acting in the course of a profession or business who enters into a distance contract with the trader;

Day:

calendar day;

Continuing-performance contract:

a distance contract relating to a series of products and/or services, the obligation to supply and/or take which is spread over time;

Durable medium:

any means that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal:

the option for the consumer to withdraw from the distance contract within the cooling-off period;

Model form:

the model withdrawal form made available by the trader, which a consumer can complete when wishing to exercise the right of withdrawal.

Trader:

the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract:

a contract concluded within an organised distance-selling system operated by the trader for products and/or services, up to and including the conclusion of the contract, exclusively by means of one or more techniques for distance communication;

Technique for distance communication:

a means that can be used to conclude a contract without the consumer and the trader being together in the same place at the same time.

General terms:

these general terms of the trader.

Article 2 – Identity of the trader

Trade name: Printics (and Printboard)
Owner: Mr M. Stalpers

Business address:

Telephone number: 0481 700 203
Email address: [email protected]
Chamber of Commerce number: 55614256
VAT identification number: NL002227907B71

Article 3 – Applicability

These general terms apply to every offer of the trader and to every distance contract and order concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these general terms is made available to the consumer. If this is not reasonably possible, it will be stated before the distance contract is concluded that the general terms can be inspected at the trader and that they will be sent free of charge as soon as possible at the consumer’s request.

If the distance contract is concluded electronically, then, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms can be consulted electronically and that they will be sent free of charge, electronically or otherwise, at the consumer’s request.

If specific product or service terms apply in addition to these general terms, the second and third paragraphs apply accordingly, and in the event of conflicting general terms the consumer may always rely on the applicable provision that is most favourable to them.

If one or more provisions of these general terms are at any time wholly or partly void or annulled, the contract and these terms remain in force for the rest, and the provision concerned will be replaced without delay, by mutual agreement, by a provision that approximates the meaning of the original as closely as possible.

Situations not provided for in these general terms are to be assessed ‘in the spirit’ of these general terms.

Uncertainties about the interpretation or content of one or more provisions of our terms are to be interpreted ‘in the spirit’ of these general terms.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this is expressly stated in the offer.

The offer is without obligation. The trader is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the trader uses images, they are a faithful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the trader.

All images and specification data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.

Images of products are a faithful representation of the products offered. The trader cannot guarantee that the colours shown exactly match the real colours of the products.

Every offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:

• the price including taxes;
• any costs of shipping;
• the manner in which the contract will be concluded and which actions are required for that;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and performance of the contract;
• the period for acceptance of the offer, or the period within which the trader guarantees the price;
• the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
• whether the contract is archived after it is concluded and, if so, how the consumer can consult it;
• the way in which the consumer, before concluding the contract, can check and if desired correct the data provided in connection with the contract;
• any other languages in which, besides Dutch, the contract can be concluded;
• the codes of conduct to which the trader is subject and the way in which the consumer can consult those codes electronically; and
• the minimum duration of the distance contract in the case of a continuing-performance contract.

Article 5 – The contract

The contract is concluded, subject to paragraph 4, at the moment the consumer accepts the offer and meets the conditions set for that.

If the consumer has accepted the offer electronically, the trader immediately confirms receipt of the acceptance electronically. As long as the trader has not confirmed the contract of this acceptance, the consumer may dissolve the contract.

If the contract is concluded electronically, the trader takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures for that purpose.

The trader may — within legal limits — check whether the consumer can meet their payment obligations, as well as all facts and factors that are relevant to entering into the distance contract responsibly. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, the trader is entitled to refuse an order or request with reasons, or to attach special conditions to performance.

With the product or service, the trader will send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

• the visiting address of the trader’s establishment where the consumer can go with complaints;
• the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
• the information on warranties and existing after-sales service;
• the data included in article 4 paragraph 3 of these terms, unless the trader has already provided this data to the consumer before performance of the contract;
• the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

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

Every contract is entered into subject to the condition precedent of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

On delivery of products:

When purchasing products, the consumer may dissolve the contract without giving reasons for 14 days. This cooling-off period starts on the day after the consumer, or a representative designated in advance by the consumer and made known to the trader, receives the product.

During the cooling-off period the consumer will handle the product and the packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises the right of withdrawal, they will return the product with all accessories supplied and — if reasonably possible — in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise the right of withdrawal, they must inform the trader of this within 14 days of receiving the product. The consumer must do so using the model form or another means of communication such as email. After the consumer has stated that they wish to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered were returned in time, for example by means of proof of dispatch.

If, after the periods referred to in paragraphs 2 and 3 have expired, the customer has not stated that they wish to exercise the right of withdrawal or has not returned the product to the trader, the sale is final.

On supply of services:

On the supply of services, the consumer may dissolve the contract without giving reasons for at least 14 days, starting on the day the contract is entered into.

To exercise the right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest on delivery.

Article 7 – Costs in the event of withdrawal

If the consumer exercises the right of withdrawal, the cost of return is payable by the consumer, and no more than that.

If the consumer has paid an amount, the trader will refund that amount as soon as possible, and in any event within 14 days of withdrawal. This is subject to the condition that the product has already been received back by the webshop, or that conclusive proof of complete return can be provided. The refund will be made using the same payment method the consumer used, unless the consumer expressly agrees to another payment method.

If the product is damaged by careless handling by the consumer, the consumer is liable for any reduction in the value of the product.

The consumer cannot be held liable for a reduction in the value of the product if the trader has not provided all legally required information about the right of withdrawal. That information must be provided before the sales contract is concluded.

Article 8 – Exclusion of the right of withdrawal

The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion applies only if the trader has clearly stated this in the offer, or at least in good time before the contract is concluded.

Exclusion of the right of withdrawal is only possible for products:

• that have been made by the trader according to the consumer’s specifications;
• that are clearly personal in nature (made or printed to measure);
• that by their nature cannot be returned;
• that can spoil or age quickly;
• the price of which is linked to fluctuations on the financial market over which the trader has no influence;
• for individual newspapers and magazines;
• for audio and video recordings and computer software the seal of which the consumer has broken;
• for hygienic products the seal of which the consumer has broken.

Exclusion of the right of withdrawal is only possible for services:

• concerning accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
• the supply of which, with the consumer’s express consent, has begun before the cooling-off period has expired;
• concerning betting and lotteries.

Article 9 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered are not increased, except for price changes resulting from changes in VAT rates.

By way of derogation from the previous paragraph, the trader may offer products or services whose prices are linked to fluctuations on the financial market and which the trader cannot influence, at variable prices. This link to fluctuations, and the fact that any prices stated are guide prices, are stated with the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory rules or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:

• they result from statutory rules or provisions; or
• the consumer has the right to terminate the contract with effect from the day the price increase takes effect.

The prices stated in the offer of products or services include VAT.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to supply the product at the incorrect price.

Article 10 – Conformity and warranty

The trader warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the contract is concluded. If agreed, the trader also warrants that the product is suitable for other than normal use.

A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims the consumer can assert against the trader under the contract.

Any defects or incorrectly delivered products must be reported to the trader in writing within 2 months of delivery. Products must be returned in the original packaging and in as-new condition.

The trader’s warranty period corresponds to the manufacturer’s warranty period. The trader is, however, never responsible for the ultimate suitability of the products for every individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

• the consumer has repaired and/or modified the products delivered, or has had them repaired and/or modified by third parties;
• the products delivered have been exposed to abnormal conditions or are otherwise handled carelessly, or have been treated contrary to the instructions of the trader and/or on the packaging;
• the defect is wholly or partly the result of regulations the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and performance

The trader will exercise the greatest possible care when receiving and performing orders for products and when assessing requests for the provision of services.

The place of delivery is the address the consumer has made known to the company.

With due observance of what is stated about this in paragraph 4 of this article, the company will perform accepted orders with due speed and at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be performed or can only be performed in part, the consumer will be notified of this at the latest 30 days after placing the order. In that case the consumer has the right to dissolve the contract at no cost. The consumer is not entitled to compensation.

All delivery periods are indicative. The consumer cannot derive any rights from any periods stated. Exceeding a period does not entitle the consumer to compensation.

In the event of dissolution in accordance with paragraph 3 of this article, the trader will refund the amount the consumer has paid as soon as possible, and at the latest within 14 days of dissolution.

If delivery of an ordered product proves impossible, the trader will make an effort to provide a replacement item. At the latest on delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment is borne by the trader.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 – Continuing-performance contracts: duration, termination and renewal

Termination

The consumer may terminate a contract entered into for an indefinite period and aimed at the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a contract entered into for a fixed period and aimed at the regular delivery of products (including electricity) or services at any time against the end of the fixed period, observing the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the contracts referred to in the previous paragraphs:

• at any time, and is not limited to termination at a specific time or in a specific period;
• at least terminate them in the same way as they were entered into;
• always terminate them with the same notice period the trader has stipulated for itself.

Renewal

A contract entered into for a fixed period and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

By way of derogation from the previous paragraph, a contract entered into for a fixed period and aimed at the regular delivery of daily, news and weekly papers and magazines may be tacitly extended for a fixed period of no more than three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.

A contract entered into for a fixed period and aimed at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months where the contract is aimed at the regular, but less than once a month, delivery of daily, news and weekly papers and magazines.

A contract of limited duration for the regular introductory delivery of daily, news and weekly papers and magazines (a trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless agreed otherwise, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in article 6 paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.

The consumer is obliged to report inaccuracies in payment details provided or stated to the trader without delay.

In the event of non-payment by the consumer, the trader has, subject to statutory limitations, the right to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

The trader has a sufficiently publicised complaints procedure and handles the complaint in accordance with that procedure.

Complaints about the performance of the contract must be submitted to the trader, fully and clearly described, within 2 months after the consumer has discovered the defects.

Complaints submitted to the trader are answered within 14 days of the date of receipt. If a complaint foreseeably requires a longer processing time, the trader replies within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.

In the event of complaints, a consumer should first contact the trader. If the complaint cannot be resolved by mutual agreement, the consumer can also submit the complaint via the European ODR platform (http://ec.europa.eu/odr). Otherwise the disputes provision of article 15 applies.

A complaint does not suspend the trader’s obligations, unless the trader states otherwise in writing.

If the trader finds a complaint to be justified, the trader will, at its choice, either replace or repair the products delivered free of charge.

Article 15 – Disputes

Contracts between the trader and the consumer to which these general terms apply are governed exclusively by Dutch law. This also applies if the consumer lives abroad.

The Vienna Sales Convention does not apply.

Article 16 – Additional or deviating provisions

The online price calculator gives you an estimate of the cost of your 3D print job. A final assessment of the price and of whether the 3D model is suitable for printing is only possible after we have received and inspected the file. Although we try to accept every job where we can, we reserve the right to cancel the job if there is a significant difference between the estimated and the actual price, or if the 3D model turns out to be unsuitable for 3D printing. In those cases we of course refund the full amount of the order within a few working days.

We aim to visually assess all prints for quality and strength, especially with regard to “under extrusion” — a situation in which the printer uses less material than necessary, resulting in a weaker structure of the finished product. If defects such as “under extrusion” are visible on the outside of the print, we will remake the print free of charge. Because it is not possible to visually inspect the internal structure of the print, we cannot guarantee that the strength of the print exactly matches the intended use. If you are in doubt or have specific questions about the strength of your print, please contact us. It is not possible to claim (consequential) damage as a result of a defective print.

If a print job fails several times, or if we conclude that the quality is insufficient, we reserve the right to cancel the job in accordance with article 16.1. The same applies if completing the job takes considerably more time than originally expected. In general we apply a limit of five times the value of the job. For example, for a job worth €50 that does not meet our expectations, we will make attempts up to a maximum total value of €250 in materials and labour. If no significant improvement is seen after those efforts, we reserve the right to cancel the job. The specific threshold can vary depending on the situation and the value of each individual order.

If we decide to cancel a job, for whatever reason, and the customer chooses to have the job carried out elsewhere at a higher cost, we are not liable for the difference in cost. Our obligations on cancellation are limited to refunding any amounts already paid for the specific job that is cancelled. If we cancel a job, we advise customers to consider the costs and terms of alternative providers carefully in advance. Our decision to cancel a job is always based on a thorough evaluation and on maintaining quality standards. We do not cover any financial burden that arises as a result of our cancellation.

If the customer changes the 3D model after the initial quote request or approval, the cost and lead time may be reassessed. We reserve the right to charge extra costs or to cancel the job if the changes significantly alter the complexity or the material use. If we cancel for this reason, a refund is offered minus any costs already incurred.

By providing a 3D model to us, the customer confirms that they have the legal right to use this model and to have it reproduced. We accept no liability for infringements of intellectual property rights resulting from processing files provided by the customer. In any legal dispute about ownership rights, the customer retains full responsibility and indemnifies us against all legal costs or claims.

We treat all 3D models and related data we receive as confidential. We will not share designs or data with third parties without the customer’s express consent, unless we are legally required to do so. After the job is completed we keep the 3D files for a period (1–3 years) for possible repeat orders or corrections, unless the customer asks for immediate deletion.

Although we aim for the highest precision in 3D printing, there are always small tolerances that are inherent to the process. We cannot guarantee that all dimensions match the digital model exactly. The customer should take this into account when designing parts that fit together or that require specific dimensions. We advise discussing this in advance if accurate dimensions are essential.

Colours and surface finish can differ from the digital representation, depending on the material used and the printer settings. We do not guarantee an exact colour match or a completely smooth finish unless this has been explicitly agreed. The customer acknowledges that variations can occur that are outside our control.

The customer should take into account the properties of the chosen materials in relation to the environment in which the 3D-printed object will be used. Materials can react to factors such as temperature, humidity and UV radiation, which can affect the durability or strength of the finished product. We advise customers to inform themselves in advance about the suitability of the material for their specific use. We accept no liability for damage or defects resulting from environmental factors.

When we design or develop a 3D model at the customer’s request, the ownership rights in that 3D model remain entirely with us. The customer receives a right of use for the 3D model, intended solely for our production for this specific customer. The model will not be sold to other customers. By default the 3D model stays in our care and is not provided to the customer, unless expressly agreed otherwise. If the customer wants the 3D model itself to be delivered, that must be agreed in advance, and extra costs and conditions may apply.

In addition to the standard right of use, we can, in consultation with the customer, issue further licences for the 3D model we designed. These licences can range from exclusive rights for further production and distribution to non-exclusive rights for use in specific applications, such as resale. The terms and costs of such licences are determined case by case and set out in a separate licence agreement.