General Terms and Conditions B2B
These are the general terms and conditions of delivery of Postable Papergoods BV ("Creative Lab Amsterdam"). The address of Creative Lab Amsterdam is Weteringstraat 36, 1017 SP Amsterdam, with the Chamber of Commerce number: 73144177.
In these terms and conditions, the Customer and Creative Lab Amsterdam together are also referred to as "Parties".
Article 1 - General
- These general terms and conditions apply to all offers from Creative Lab Amsterdam. In addition, these terms and conditions apply to all agreements between Creative Lab Amsterdam and the buyer of the Products that Creative Lab Amsterdam delivers (the "Customer").
- Creative Lab Amsterdam has the right to change these terms and conditions. The latest version of these conditions applies. The Client and Creative Lab Amsterdam may only deviate from these conditions if this has been laid down in writing.
- Creative Lab Amsterdam will send these general terms and conditions free of charge at the request of the Customer. These conditions can also be found on our website www.creativelabamsterdam.com.
Article 2 - Product
Creative Lab Amsterdam delivers Wallpaper, Greeting cards, wallpaper, planners, notebooks (the "Products").
Article 3 - Offers
- Any offer from Creative Lab Amsterdam is without obligation and can be withdrawn by Creative Lab Amsterdam, unless a period for acceptance is stated in the offer.
- Each offer contains the necessary information so that it is clear to the Customer what its rights and obligations are, and if possible, an offer will include:
the price, excluding taxes;
- an overview and specification of the Products;
- the intended date of delivery;
- the costs of delivery;
- the costs of packaging materials;
- the method of payment;
- the way in which an agreement is concluded.
- An offer is only binding if the Customer agrees in writing to the offer in the manner prescribed for this.
- Creative Lab Amsterdam may revoke an offer accepted by the Customer in writing within 7 days of acceptance without giving reasons. In that case no agreement will be concluded between the Parties.
Article 4 - Orders
- Orders can be placed for both periodic and one-off deliveries.
- Orders can be placed via the website.
- An order is only final after a confirmation send by email by Creative Lab Amsterdam, unless stated otherwise in the offer.
- If an order cannot be (fully) accepted, Creative Lab Amsterdam will make an alternative offer. In that case, the order becomes final after written acceptance of the alternative offer by the Customer.
- Creative Lab Amsterdam reserves the right to refuse an order without giving any reason.
Article 5 - Delivery and Transport
- Creative Lab Amsterdam and the Customer make agreements about the delivery of the Product. The delivery costs are clearly indicated in the offer or the accepted order.
- Creative Lab Amsterdam determines the method of transportation, after consultation with the Customer.
- If the Customer wishes a different method of transport than the method proposed by Creative Lab Amsterdam, the additional costs thereof will be borne by the Customer.
- Delivery will take place within 7 days after payment, unless otherwise agreed in writing.
- Delivery takes place The transport ends when the delivery person indicates that the package has been delivered.
- The Client is obliged at all times to accept the delivered goods. If the Customer refuses to accept the delivery, the costs for additional delivery, storage and storage will be borne by the Customer.
- Damage caused during transport is at the expense and risk of Creative Lab Amsterdam.
- Delivery periods that are communicated by Creative Lab Amsterdam are indicative and do not count as a deadline.
- Creative Lab Amsterdam may have an Order delivered in parts.
Article 6 - Price
- All prices communicated by Creative Lab Amsterdam are in euros, excluding VAT and subject to changes and / or errors.
- All prices are exclusive of transport costs, shipping costs and government levies, unless stated otherwise.
Article 7 - Payment and collection costs
- The Customer can pay with iDEAL, credit card, after receiving an invoice.
- If the Customer is a first time customer and receives an invoice, it must always be paid upfront. With a next order invoices can be paid within 30 days after the invoice date unless otherwise agreed in writing.
- If the Customer does not pay the invoice on time, he is legally in default. In that case, the Client must pay the statutory commercial interest. The interest on the claimable amount is calculated from the moment that the Client is in default until the moment of payment of the full amount due.
- In the event of default, the Client owes Creative Lab Amsterdam all extrajudicial collection costs. With an invoice amount of up to € 267, these costs will be € 40. With a higher invoice amount, the maximum collection costs are as follows:
- 15% on the first € 2,500;
- 10% on the part that remains afterwards, up to € 5,000;
- 5% on the part that remains afterwards, up to € 10,000;
- 1% on the part that remains afterwards, up to € 200,000;
- 0.5% over the remainder, with a maximum of € 6,775.
- The entire claim of Creative Lab Amsterdam against the Customer is immediately due and payable if:
- the Client exceeds a payment term;
- the Client is bankrupt or in suspension of payment;
- the Client (legal entity) is dissolved or liquidated;
- the Client (natural person) is placed under guardianship or dies.
Article 8 - Retention of title
- All Products supplied by Creative Lab Amsterdam remain the property of Creative Lab Amsterdam until the Customer has fully complied with her payment obligations.
- The Client will do everything that can reasonably be expected of it to safeguard the properties of Creative Lab Amsterdam.
- If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the Customer is obliged to inform Creative Lab Amsterdam thereof as soon as possible.
- The Client hereby gives unconditional and irrevocable permission to Creative Lab Amsterdam to enter all places where the properties of Creative Lab Amsterdam are to take these properties with them in the event that it wishes to exercise its property rights.
Article 9 - Inspection and complaints procedure
- Creative Lab Amsterdam delivers the Products with a delivery note, which the Parties sign. The voucher counts as determining the quantity of Products delivered from that delivery.
- The Customer must immediately examine after delivery whether the quality and quantity of the Products is in line with what the Parties have agreed.
- The Customer must notify Creative Lab Amsterdam in writing of any visible defects or complaints within 14 days of delivery. The Client must notify Creative Lab Amsterdam in writing of any invisible defects within 14 days of their discovery. The notification must contain a detailed description of the defect.
- The Customer is obliged to accept the purchased Products upon delivery of an Order, even if an Order is (partially) incorrect. If the Customer refuses to purchase the purchased products, the costs for additional delivery and storage will be borne by the Customer.
- If the Client submits a complaint on time, this does not suspend its payment obligation.
- If there is a defect, Creative Lab Amsterdam will repair, replace or compensate the Customer at its own discretion, unless:
- the Client has not made its complaint known in time, as described in this article;
- the Products can no longer be identified as coming from Creative Lab Amsterdam;
- the defects are the result of normal wear and tear, incorrect or improper handling;
- the Customer has not stored the Products in the usual way;
- Creative Lab Amsterdam has not had the opportunity to research the products;
- the Client has not fulfilled its obligations towards Creative Lab Amsterdam, for whatever reason.
- If it is established that a complaint is unfounded, the costs of Creative Lab Amsterdam that have arisen as a result (such as research costs) will be borne entirely by the Client.
Article 10 - Return
- After permission and in consultation with Creative Lab Amsterdam, the Customer can return (part of) an order. Creative Lab Amsterdam will inform the Customer of the procedure to be followed.
- The Customer takes care of the return shipment at its own expense and risk.
- After receiving a return shipment, Creative Lab Amsterdam will immediately check the returned Products and refund the purchase amount within 7 days if the Products:
- have not been used;
- have not been damaged; and
- still in the original packaging.
- Reselling, hiring or otherwise using or giving the Products the right to return expires.
- Products that are excluded from this article is customized wallpaper.
Article 11 - Liability and indemnity
- Creative Lab Amsterdam shall never be liable for consequential or indirect damage, including but not limited to damage resulting from late delivery, damage to other goods of the Distributor or any third party, damage resulting from incorrect or improper use of the Products, loss of turnover, loss of profit, loss of goodwill, nor for damages resulting from any incorrect and/or incomplete information supplied by the Distributor.
- In all cases in which Creative Lab Amsterdam is nevertheless obligated to pay damages, these shall never be higher than, at its option, either the invoice value of the Products delivered, at least the part thereof whereby or in connection with which the damage was caused, or, if the damage is covered by an insurance policy of Creative Lab Amsterdam, the amount that is actually paid out by the insurer with respect thereto. In case of continuing agreements, the "invoice value" is the amount charged by Creative Lab Amsterdam for all the Products delivered in the period of three months prior to the damage inflicting event, this with the deduction of credited amounts in connection with that period and for those Products.
- The Customer shall indemnify Creative Lab Amsterdam for all liability and costs and hold Creative Lab Amsterdam harmless against any and all claims, actions, suits, demands or other legal proceedings resulting from any breach by the Distributor of this Agreement, or any act or omission, whether it be negligent or otherwise, by the Distributor, or by its employees or Affiliates.
- The limitations of liability from this article do not apply if the damage is due to intent or gross negligence of Creative Lab Amsterdam.
Article 12 - Limitation period
The limitation period of all claims and defences against Creative Lab Amsterdam is one year.
Article 13 - Intellectual Property
- Creative Lab Amsterdam guarantees that the Products do not infringe Dutch intellectual property rights.
- Unless otherwise agreed in writing, Creative Lab Amsterdam retains all intellectual property rights to the Products, plans, documents, images, drawings, software, creations and related information. This also applies when costs have been charged for this or when improvements have been made later.
Article 14 - Confidentiality and privacy
- Unless there is a legal or professional obligation to disclose, the Parties will keep all information from each other confidential to third parties.
- Creative Lab Amsterdam will not use the information provided by the Customer for a purpose other than that for which this information was provided, except when Creative Lab Amsterdam acts in a procedure where this information may be important.
- Parties will not disclose the content of agreements, order confirmations, offers, reports, advice or other expressions, whether written or otherwise, of each other and ensure that third parties do not see their content.
Article 15 - Cancellation
- Creative Lab Amsterdam has the right to terminate the agreement with the Customer immediately, without further notice of default being required, if the Customer:
- is declared bankrupt;
- suspension of payment is granted;
- apply for a different legal or informal debt restructuring scheme;
- is affected by enforcement order;
- is subject to precautionary attachment and this attachment is not lifted within 30 days; or
- is placed under guardianship or administration.
- After termination, the 'Retention of title' article remains valid between the Parties.
Article 16 - Force majeure
- Creative Lab Amsterdam is not liable to the Customer for a default or delay in the performance of its obligations under this Agreement if such default or delay is caused by fire, strike, riot, war, act of God, pandemic, delay of carriers, governmental orders or regulation, shortage of or inability to obtain energy, equipment, transportation, products, or good faith compliance with any regulation, direction or request (whether ultimately valid or invalid) made by any governmental authority or person, or any other circumstance beyond the reasonable control of Creative Lab Amsterdam.
- Creative Lab Amsterdam will notify the other Party of the force majeure situation as soon as is reasonably possible after the commencement thereof, will provide the Customer with the particulars of such occurrence and attempts made to remedy the same and will use reasonable efforts to remedy such occurrence.
- If the force majeure situation continues for 3 months, each Party is entitled to terminate the Agreement with immediate effect without being liable towards the other Party.
Article 17 - Invalidity
If any part of these terms and conditions is void or voidable, that does not change the validity of the rest of the terms and conditions. The invalid or destroyed part is replaced by a provision that follows the content of the invalid provision as much as possible.
Article 18 - Conflicting clause
In the event that these general terms and conditions of delivery and an agreement contain conflicting terms and conditions, the agreements contained in the agreement apply.
Article 19 - Governing Law and dispute resolution
- This Agreement is governed by and will be exclusively construed in accordance with the laws of the Netherlands.
- Any dispute arising out of or in connection with this Agreement will first be discussed between the Parties.
- All disputes arising out or in connection with this Agreement or further agreements will be subject to the exclusive jurisdiction of the competent court of Amsterdam, the Netherlands.
The United Nations Convention on Contracts for the International Sale of Goods is not applicable to this Agreement nor to any Orders resulting therefrom.
Article 20 - Competent court