General Terms and Conditions of PackagingDirect BV - Apeldoorn

Article 1 - DEFINITIONS

1.1
In these general terms and conditions, the following definitions apply:

a.
PackagingDirect.NL BV: the user of these general terms and conditions: PackagingDirect.NL BV, located at Schumanpark 67, Apeldoorn, the Netherlands, registered with the Chamber of Commerce under registration number 52953890;

b.
Customer: the legal entity or natural person acting in the exercise of their profession or business who orders products from PackagingDirect.NL BV;

c.
Agreement: the agreement between PackagingDirect.NL BV and the customer;

d.
Website: the websites www.koffiebekerdirect.nl, www.packagingdirect.nl, www.koffiebekerdirect.be, and www.packagingdirect.be managed by PackagingDirect.NL BV, where the customer can order products from PackagingDirect.NL BV;

e.
Products: the printed disposables and all other products supplied by PackagingDirect.NL BV.

Article 2 - GENERAL

2.1
These general terms and conditions apply to every offer from PackagingDirect.NL BV and to every agreement concluded between PackagingDirect.NL BV and the customer. The text of these general terms and conditions is made available to the customer electronically.

2.2
Any deviations from these general terms and conditions are only valid if expressly agreed in writing or via email.

2.3
The applicability of any purchase or other conditions of the customer is expressly rejected.

2.4
If one or more provisions in these general terms and conditions are nullified or annulled, the other provisions of these general terms and conditions remain fully applicable. The nullified or annulled provisions will be replaced by PackagingDirect.NL BV, taking into account the purpose and intent of the original provision(s) as much as possible.

2.5
If PackagingDirect.NL BV does not always demand strict compliance with these general terms and conditions, this does not mean that the provisions are not applicable or that PackagingDirect.NL BV waives its right to demand strict compliance with these provisions in other cases.

2.6
PackagingDirect.NL BV reserves the right to amend the general terms and conditions. The version of the general terms and conditions applicable at the time of placing the order shall apply unless the customer has agreed to a revised version of the general terms and conditions after the order.

Article 3 - THE OFFER

3.1
The products are not offered to consumers.

3.2
The products are only offered to customers located in the Netherlands or Belgium.

3.3
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

3.4
The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow the customer to make a proper assessment of the offer. If PackagingDirect.NL BV uses images, these are a truthful representation of the products offered.

3.5
Apparent mistakes or errors in the offer are not binding on PackagingDirect.NL BV.

3.6
The assortment offered on the website may be subject to change.

Article 4 - WEBSITE

4.1
PackagingDirect.NL BV does not guarantee that the website will operate without interruptions or errors or that all errors will be corrected.

4.2
PackagingDirect.NL BV reserves the right to make changes to the website at any time.

Article 5 - TERMS OF USE

5.1
When using the website, the customer must act in accordance with what can be expected of a responsible and careful internet user.

5.2
The customer is not permitted to bypass or hack the security applications on the website.

5.3
The customer is not allowed to use the website in such a way that the proper functioning of the computer systems of PackagingDirect.NL BV or third parties is affected or that other users of the website are hindered or obstructed.

Article 6 - THE AGREEMENT

6.1
The agreement is concluded when the customer accepts the offer and meets the conditions set out therein. If the customer has accepted the offer electronically, PackagingDirect.NL BV will confirm receipt of the acceptance of the offer electronically without delay. As long as this acceptance has not been confirmed by PackagingDirect.NL BV, the customer may dissolve the agreement. If the agreement is concluded electronically, PackagingDirect.NL BV shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment.

6.2
The agreement can only be concluded via the website after the customer has clicked to indicate acceptance of these general terms and conditions.

Article 7 - CANCELLATION

7.1
An order placed cannot be canceled or modified.

7.2
The right of withdrawal does not apply to orders placed via the website, as the customer is a legal entity or a natural person acting in the course of their profession or business, and most ordered products are custom-made.

Article 8 - ACCOUNT

8.1
The customer can create an account on the website.

8.2
The customer is always responsible for their account and login credentials. They must keep their login credentials secure and not share them with third parties. PackagingDirect.NL BV cannot be held liable for unauthorized use of the customer’s account. If the customer becomes aware of unauthorized use of their account, they must notify PackagingDirect.NL BV as soon as possible.

Article 9 - CUSTOM-PRINTED PRODUCTS

9.1
Files sent by the customer to PackagingDirect.NL BV containing texts and/or images to be printed on the products must comply with the submission specifications listed on the website.

9.2
The customer can choose to have PackagingDirect.NL BV perform a file check after submitting the design files. PackagingDirect.NL BV will verify that the files meet technical printing requirements and comply with submission specifications. PackagingDirect.NL BV does not check the content for errors or inaccuracies in creativity, text, or color.

9.3
After the customer places the order, they will receive a print proof. Once the customer approves the proof, the order will go into production and can no longer be modified.

9.4
PackagingDirect.NL BV is not responsible for discrepancies in color that result from differences between the customer’s display or printout and the final printed product.

9.5
The customer is not allowed to instruct PackagingDirect.NL BV to print texts and/or images that are racist or discriminatory in nature or that otherwise violate the law or good morals.

9.6
The customer is not permitted to request PackagingDirect.NL BV to produce a product that infringes upon the rights of third parties, including, but not limited to, trademark rights, design rights, trade name rights, copyright, or other intellectual property rights.

9.7
The customer is solely responsible for the content of the texts and/or images to be printed on the product. PackagingDirect.NL BV is not obligated to verify whether a product manufactured according to the customer’s specifications infringes the rights of third parties or violates the law. All costs incurred or damages suffered by PackagingDirect.NL BV due to a product that violates third-party rights or the law will be charged to the customer. The customer indemnifies PackagingDirect.NL BV against third-party claims or any direct or indirect consequences, whether financial or otherwise, resulting from the sale or distribution of the product manufactured to the customer’s specifications.

Article 10 - PRICE AND OTHER COSTS

10.1
During the validity period stated in the offer, the prices of the offered products will not be increased, except for price changes resulting from changes in VAT rates. The prices of products mentioned in the offer are exclusive of VAT.

10.2
PackagingDirect.NL BV reserves the right to charge delivery costs or return costs to the customer.

Article 11 - DELIVERY

11.1
PackagingDirect.NL BV will exercise the utmost care in processing and fulfilling product orders. The delivery address provided by the customer will be regarded as the place of delivery.

11.2
The delivery period provided to the customer is not considered a strict deadline.

11.3
If the stated delivery period is exceeded due to an event beyond PackagingDirect.NL BV’s control, the period will automatically be extended by the time necessary to resolve the issue.

11.4
Exceeding the stated delivery period does not entitle the customer to compensation or the right to terminate the agreement.

11.5
The delivery period begins once PackagingDirect.NL BV has confirmed the order.

Article 12 - PAYMENT

12.1
The available payment methods are listed on the website.

12.2
If the customer pays electronically, PackagingDirect.NL BV will take appropriate security measures.

12.3
The customer may choose to pay on account. In such cases, the customer must provide a valid VAT number when completing the order. PackagingDirect.NL BV charges an administration fee of €3.50 (excluding VAT) for on-account payments.

12.4
PackagingDirect.NL BV only delivers on account if:
a. The customer’s invoice and delivery address are in the Netherlands or Belgium (no P.O. boxes);
b. The customer has not applied for a suspension of payment, been declared bankrupt, or placed under guardianship.

12.5
PackagingDirect.NL BV reserves the right to require prepayment for an order instead of delivering on account.

12.6
The customer will receive an invoice digitally from PackagingDirect.NL BV.

12.7
If the order is delivered on account, payment must be made without any discounts or deductions within the agreed period, but no later than 14 days after the delivery date, to the following account number: ABN-AMRO: IBAN: NL12 ABNA 0555 3801 49, unless otherwise specified on the invoice.

12.8
If the payment period is exceeded, the customer is in default by operation of law. From the invoice's due date, the following apply without prior notice:

• Statutory interest will be charged until full payment is made;

• Collection costs amounting to 15% of the outstanding principal, with a minimum of €40, will be charged.

12.9
In the event of liquidation, bankruptcy, seizure, or suspension of payment, PackagingDirect.NL BV's claims against the customer are immediately due and payable.

12.10
Any payment by the customer is first applied to any accrued interest and collection costs, then to the outstanding principal amount.

Article 13 - CUSTOMER OBLIGATIONS

13.1
The customer must provide all necessary information required by PackagingDirect.NL BV to execute the agreement properly.

13.2
The customer guarantees the accuracy and completeness of all information provided to PackagingDirect.NL BV.

Article 14 - COMPLAINTS PROCEDURE

14.1
PackagingDirect.NL BV has a complaints procedure and will handle complaints in accordance with this procedure. Complaints regarding the execution of the agreement must be submitted to PackagingDirect.NL BV within a reasonable time (maximum of 14 days) after the customer has discovered the defect. Complaints will be responded to within 5 days of receipt. If a complaint requires more time to resolve, PackagingDirect.NL BV will provide an acknowledgment of receipt and an estimated resolution time within the same 5-day period.

Article 15 - LIABILITY AND LIMITATION

15.1
PackagingDirect.NL BV is not liable for damages resulting from:
a. Events beyond its control, such as described in Article 16;
b. Actions or omissions by the customer or third parties engaged by the customer.

15.2
PackagingDirect.NL BV is not liable for damages resulting from temporary unavailability or inaccessibility of its website.

15.3
PackagingDirect.NL BV is not liable for damages caused by inaccurate or incomplete information provided by the customer.

15.4
PackagingDirect.NL BV is not liable for data loss or damage caused during transmission via telecommunication facilities.

15.5
In no event is PackagingDirect.NL BV liable for indirect damages, including lost revenue, profits, missed savings, fines, reputational damage, or business interruption.

15.6
If PackagingDirect.NL BV is liable for damages, its liability is limited to the amount paid by its insurer or, if no insurance payout occurs, to the invoice amount of the affected order.

15.7
Claims and rights of the customer against PackagingDirect.NL BV expire one year after the event giving rise to such claims.

Article 16 - FORCE MAJEURE

16.1
Force majeure includes, but is not limited to, riots, war, terrorism, fire, theft, flooding, government actions, extreme weather, power outages, strikes, and IT disruptions.

16.2
PackagingDirect.NL BV will notify the customer as soon as possible in case of force majeure.

Article 17 - CONFIDENTIALITY

17.1
Both parties must keep confidential information obtained during the agreement confidential unless required by law or court order.

Article 18 - INTELLECTUAL PROPERTY RIGHTS

18.1
The customer guarantees that no third-party rights are violated when fulfilling the agreement.

18.2
All intellectual property rights related to the website and supplied products remain with PackagingDirect.NL BV or its licensors.

Article 19 - INVESTIGATION OF RIGHTS

19.1
The agreement does not include research into trademark, copyright, or other rights.

Article 20 - APPLICABLE LAW AND JURISDICTION

20.1
Dutch law applies exclusively to agreements with PackagingDirect.NL BV.

20.2
Disputes will be submitted to the competent court in the district of PackagingDirect.NL BV's location.

Version: 2017/06