We are Print.com, the new generation in print. Together with you, we will create beautiful things. But before we start, there are a few things you need to know. We have listed our most important terms and conditions for you.
Do you have any questions about our terms and conditions? Please let us know. Drop us a line at firstname.lastname@example.org or call +31 (0)88 751 11 11. We love real mail (which is, of course, also print), so please send a note to Teugseweg 18a, 7418 AM in Deventer. If you want to get to know us even better, our Chamber of Commerce number is 690 595 00.
If we make beautiful things together, you are our Customer, yes with a capital C.
This is what we do:
1. We supply printed materials and the accompanying services. We offer an online platform (a website, also called an order application or app) in which you can arrange great deals yourself. If you run into difficulties, we will be there to support you. We are committed to top quality printing and we want you to meet your objectives through your order.
2. We check and assist with the technical aspects of your Order, but not on sharpness, typo, look & feel and other taste-related issues.
3. We arrange for the shipment of your fresh Printed matter to an address in the Netherlands, or, by mutual agreement, abroad at additional cost. You choose the desired delivery day(s) and we will do everything in our power to send the Printed matter from our production locations on time. If not, we will proactively and neatly solve the problem with you!
4. We send the Printed matter in proper packaging. This is our responsibility. We use several carriers. You probably know exactly which carrier you consider the most reliable. We consciously allow you to choose a carrier yourself. If the carrier is not up to scratch and the printed matter is delayed or even lost, we will unfortunately not be responsible for this. In our ordering process, you can choose from several delivery options; ” Reliable”, “Definite” and “Definite & Assured”. With both the “Definite” and “Definite & Assured” delivery option, we will assist you more quickly if your parcel(s) and/or pallet shipment(s) are lost by the carrier. In this case, we are more likely to take responsibility for the shipment in question and its value. Please note that consequential losses can never be claimed.
5. We will do everything possible to support you, regardless of the delivery option you select, but our responsibility officially ends when the parcel is handed over to your chosen carrier. Unfortunately, we cannot influence their service. However, we can give you an informed choice of both delivery options and carriers.
6. For all the above, we sometimes cooperate with others.
Here’s what you can do to get incredibly beautiful printed materials:
1. Printing is a delicate job. The level of technical delivery of the file is important for the final result.
2. Please be aware that the appearance of Printed matter is always slightly different from what you see on a screen or from what you print yourself. Even if you order Printed matter at different times, such as a repeat order, it may look different.
3. Always order a little more than you actually need. Although printed matter may officially have a print run variation of 10% (for offset and digital printing methods), we do our utmost to ensure that this margin is no more than 5%. This means that there can still be a margin in the print run. In this way, we set the bar high so that you will not be disappointed.
4. Try to deliver the Order in one go. Changes sometimes require us to stop computerised processes and thus charge for ” additional work “.
5. Check that your Order, design or layout does not infringe on the (intellectual property) rights of others.
6. Please check the printed material thoroughly upon delivery and contact us immediately if you are dissatisfied. We will contact you as soon as possible.
7. Have we made a mistake in production; for example: a strongly deviating colour, stains, scratches, crooked cutting, sloppy finishing or even forgetting an operation? Our apologies, it is still human work and we will solve this quickly with you. We have the right to redeliver the part of the order in question within a reasonable period of time. In extreme cases, we will send a credit note.
Important to know:
1. When the presses are running and the Order has the status “In production”, you can no longer cancel or change an Order, the delivery address often still can until the Order gets the status “Order sent”. We will always tell you through the order application or app when an Order is going “into production”.
2. We would appreciate if you would pay on time, don’t you agree? This is within 14 days after we sent the invoice. Our prices are competitive, so we ask for a certain amount of payment in return..
3. Although we hope that conflicts don’t arise, it is possible that they do. We are always prepared to solve this without lawyers and judges. We are open to business mediation and other forms of out-of-court conflict resolution. If that doesn’t succeed, the judge in Zwolle has exclusive competence to judge the conflict.
4. We strive for the best possible outcome for you. If we have made a mistake, we will correct it according to the provisions in the general terms and conditions. These also inform you when we can accept liability and up to what amount we will compensate.
5. These are briefly our ground rules, but there is more. It is a small ‘requirement’: below you can read our general terms and conditions, the small print.
THE SMALL PRINT
1. Here are our detailed rules, better known as Conditions. This is where we go into the details of our ground rules. Our service is complex, no matter how we try to simplify it.
2. These Terms and Conditions are supplementary to the ground rules mentioned above, but in the unlikely event of contradiction, the Terms and Conditions take precedence.
3. We may amend the Terms and Conditions. The amended Terms and Conditions apply to new orders from the moment they are published on our website or in the order application. In the event of substantial amendments, we will inform you of the changes.
4. These Conditions apply to every Agreement.
2. Some terms
1. Printed matter includes printing on any material and unprocessed printed matter
2. By services, we mean all the services we offer in connection with printing.
3. Agreement: all agreements between Print.com and Customers regarding the supply of Printed matter and/or the provision of Services, as well as any order given by the Customer to Print.com, as well as all (legal) acts related to any of the above.
4. Specifications: the technical and functional specifications for the Printed matter as described on our website, the Print.com ordering application or in our app.
3. Conclusion of Agreement
When you place an order with us and the order is accepted, an Agreement comes into being. The order will be shown as accepted in the status “in production” of the order application or the app. If an Agreement is concluded outside of our order application or app, for example, special orders via quotations, we will confirm the order and thus the acceptance in writing.
1. The Customer places an order via our purchase order application, the app, via the API offered by Print.com or in writing for special orders by means of quotations.
2. Orders placed by the Customer are irrevocable, unless indicated otherwise..
3. An order is to be placed according to the instructions as shown on our platform Print.com. A dispatch that has not been sent according to the Specifications and procedure is not to be accepted by Print.com.
4. Any errors, deviations or faults occurring during the (electronic) transmission of the file are the exclusive risk of the Customer.
5. Print.com performs an (automatic) check after the submitted files have been sent. During this check Print.com verifies whether the submitted files meet the technical requirements (delivery specifications) for printing. Print.com explicitly does not check if the file contains errors in design, text, colour (coverage), positioning, cut-outs, overprint, connections of runners in the design, page sequence or sharpness of the file.
6. The Customer shall take into account the fact that the colour of printed materials after production may deviate from the colours of other printed materials (produced with other techniques), formatted files, colours on the screen or self-printed files. A deviation of some degree does not give the Customer a claim for defects.
7 If the Customer observes a deviation in (i) the format after the delivery of the Printed Work, the Customer does not claim compensation for a shortcoming if the deviation is less than 1%. If the Customer observes a deviation in (ii) the number (print run) after delivery of the Printed Work, the Customer does not claim compensation for a defect if the deviation is less than 5%. Deviations in quality (feel) and gram weight of the paper are permitted to a certain extent.
1. Customer can only cancel the Agreement by using the cancellation option in the order application or by calling +31 (0)88 751 11 11. The cancellation only takes effect after the cancellation message has been confirmed by Print.com via the order application or app with the status “Cancelled”, or in writing in case of special orders via quotes.
2. Customer cannot cancel the order anymore after Print.com has changed the status to “In production” or has confirmed it in writing in case of special orders via tenders.
3. In case costs are involved in the cancellation, Customer is indebted to Print.com for these costs incurred by Print.com. These costs will be communicated to the Customer before the cancellation is carried out.
1. Prices and rates are displayed on our platform Print.com. The prices and rates are based on execution during normal working hours.
2. If Print.com has taken on the packaging, dispatch or insurance of printed matter without having explicitly agreed upon a price in writing, it is entitled to charge the Customer the actual costs and/or the usual rates of Print.com.
3. Activities not mentioned in the offer are not covered by the Agreement and may have a price-increasing effect.
4. If after the conclusion of the Agreement, but before the order is fully executed, prices or rates change as a result of an increase in cost factors, Print.com is entitled to adjust the agreed prices and rates.
7. Invoicing and payment
1. Customers can pay in advance or after sending the invoice through our (online) payment options. Print.com may charge a fee for the choice of post-payment.
2. Payment of invoices by Customer should take place within fourteen (14) days after invoice date in accordance with the method indicated on the invoice, but not if otherwise agreed. Customer shall be in default by the mere expiry of this term of payment; a summons and/or notice of default shall not be required for this purpose.
3. Print.com is entitled at any time to demand advance payment of an invoice amount or any other financial security before starting or continuing the execution of the Agreement.
4. All payments shall be made without any deduction or set-off. Customer shall not be entitled to suspend payment obligations.
5. In case of late payment of the invoice amount or part thereof, Customer is due to pay to Print.com the legal commercial interest (Article 6:119a BW) on the invoice amount from the due date until the date of full payment, for each month or part of a month by which the due date is exceeded. In case Print.com, due to non-compliance with the payment conditions, needs to proceed to collection of the due amount, both the judicial and extrajudicial collection costs will be entirely at the expense of the Customer.
6. Payments made by the Customer always serve first to settle all interest and costs due and then to settle due and payable invoices that have been outstanding the longest, even if the Customer states that the settlement relates to a later invoice.
7. If the financial position of the Customer changes during the execution of the Agreement, Print.com has the right to wholly or partially renounce further execution of the Agreement or to change the payment conditions.
1. Delivery in The Netherlands takes place on the day(s) indicated by the Customer in the ordering application, via suitable transport chosen by the Customer, however ordered by Print.com. The Printed matter is packed in the usual way, often optimised per product. At the moment the Printed matter is handed over to the carrier chosen by the Customer, the responsibility of Print.com ceases. Delays or loss of package(s) or pallet shipments by the carrier en route are not the direct responsibility of Print.com. Print.com is more likely to assist you in case of delays or loss by the carrier, if the delivery option “Certain” or “Certain & Fixed” has been selected.
2. Print.com is authorized to make partial deliveries and in connection therewith to send partial invoices.
3. Stated delivery times are approximate, therefore there is no deadline unless the delivery option “Certainly and Fixed” is chosen. Print.com is therefore only in default after the Customer has declared Print.com in default and has given Print.com a reasonable time to deliver the printed matter. The delivery time starts after the formation of the Agreement, at the moment all data necessary for the execution of the Agreement are in the possession of Print.com (after confirmation of the Order by Print.com with the status “In production” via the order application or app).
4. The Customer is obliged to take delivery of the agreed Printing Works from Print.com at the agreed place and time of delivery. If through no fault of Print.com delivery cannot be made at the agreed place and/or time, Print.com will offer the printed matter one more time free of charge. If delivery is again unsuccessful, Print.com will store the printed matter for a maximum of 30 days at the expense and risk of the Customer. If the Customer has not collected the Printed Material after 30 days, Print.com will destroy the Printed Material or have it destroyed. In that case, the invoiced amount remains due. Any storage costs as well as costs for re-delivery are charged to the Customer.
5. If the Customer is in arrears with the payment of any invoice, Print.com is entitled to store the Printed matter at the expense and risk of the Customer and to postpone the (first) delivery until all overdue invoices have been paid.
9. Execution of the Agreement
1. Print.com endeavours to execute the Agreement carefully and properly.
2. Print.com is entitled to engage third parties for the execution of the Agreement.
3. Customer guarantees the correctness, completeness and reliability of the information provided by him, even if this information originates from third parties.
4. If for the execution of the Agreement information necessary for the execution of the Agreement is not at the disposal of Print.com, not timely, not correctly and not completely or not in accordance with what was agreed upon, or if Customer fails to meet his obligations in any other way, Print.com is entitled to suspend the execution of the Agreement and to charge the ensuing costs at its usual rates.
5. If, after a written reminder by Print.com, the Customer does not provide the necessary information or otherwise fails to meet its obligations, Print.com is entitled to terminate the Agreement with immediate effect and without any obligation for compensation.
6. Print.com is not liable for damages caused by the fact that Print.com relied on incorrect and / or incomplete data and information provided by the Customer.
7. If the work is delayed due to circumstances for which the Customer is responsible, the Customer is obliged to compensate Print.com for any damage resulting from that if it can be attributed to the Customer.8. Customer derives from the Agreement only claims against Print.com and Customer waives the right to claim from (legal) persons who are or were in any way involved in the execution of the Agreement concluded by Customer with Print.com or for whose acts or omissions Print.com might otherwise be liable (“Beneficiaries”) on the grounds of tort or any other legal ground. Articles 7:404 (which regulates the case when it is intended that an order is executed by a certain person), 7:407 paragraph 2 (which establishes a joint and several liability in case an order is given to two or more persons) and 7:409 (which stipulates that if an order is given to a certain person, it ends upon his decease) of the Dutch Civil Code, are not applicable. In so far as necessary, the provisions of this Article 8 are considered to be a third-party beneficiary clause in the sense of Article 6:253 of the Civil Code, which clause is hereby accepted by Print.com on behalf of the Beneficiaries.
10. Supplementary work
1. All alterations to the contracted work shall, if they result in additional costs, be due as additional work.
2. Additional work shall be settled fairly and reasonably, irrespective of the obligation to pay the principal sum. Additional work is understood to mean all activities and materials not included in the quotation.
11. Intellectual property rights
1. When the Customer makes use of Print.com Services for a design of his own, all intellectual property rights belong exclusively to the Customer. Even if Print.com in this case performs operations for the Printed Work, such as trimming or cutting the Printed Work, all intellectual property rights that arise belong exclusively to the Customer. Intellectual property rights are understood to include all worldwide copyrights, adjacent rights, personality rights, brand rights, model rights, database rights and (claims to) patent rights vested in the ideas, designs, communications, drawings, images, sketches, research, analyses, materials, data, results, conclusions and all other objects eligible for intellectual property rights and printed matter.
2. In the event that the Customer uses Print.com’s Services for a Customer’s own design, the Customer guarantees to Print.com that the styling and layout of the printed matter specified by the Customer does not infringe on the rights of third parties, explicitly including third-party copyrights. Customer indemnifies Print.com for all damages and prejudices suffered by Print.com in case the Printed matter infringes upon the rights of third parties. Customer indemnifies Print.com against any claims by third parties in connection with any infringement.
3. In case Customer uses Print.com’s Services for a Customer’s own design, Print.com has the right to make and keep copies of the layout.
4. Only in the event that the Customer designs printed matter on the platform together with Print.com, all intellectual property rights arising are vested exclusively in Print.com. In this case Print.com is fully and exclusively entitled to these rights. In this article paragraph, ‘designs’ is understood to include: designs, images, drawings, models, texts and text proposals provided by Print.com. In addition, all intellectual property rights are also vested in Print.com in case of co-creations created with input from the Customer for the purpose of, inter alia, improving features and tools of Print.com.
12. Transfer of risk and retention of title
1. Transfer of risk takes place at the moment Print.com offers the Printed matter for delivery in accordance with article 7.1, even if the Customer does not take delivery for any reason whatsoever.
2. All printed matter delivered by Print.com remains the property of Print.com until the moment the Customer has fulfilled all his obligations towards Print.com.
3. Printed matter falling under the retention of title of Print.com should be kept by the Customer separate from other goods and identifiable and may not be (i) alienated and/or (ii) encumbered by the Customer without the prior written consent of Print.com.
4. Should the Customer fail to meet his payment obligations to Print.com or should he have reason to believe that he will not meet his payment obligations in whole or in part, the Customer is obliged at the first request of Print.com and at his own expense to immediately return to Print.com any printed matter of which ownership has not yet been transferred.
1. The Customer is obliged to inspect the Printed matter immediately after delivery. Complaints concerning visible defects should be accurately and sufficiently described in writing to Print.com or via the “report a complaint”-button in the webapp within eight (8) days after delivery, in default of which any claim by the Customer against Print.com expires. Hidden defects must be reported to Print.com in writing, accurately and sufficiently described, within eight (8) days after they were discovered or reasonably should have been discovered, but at the latest within three (3) months. At the request of Print.com the Customer is obliged to send photographs and/or proof copies or the complete order for complaint handling.
1. Print.com will deliver the Printed matter with the Specifications as stated in the order confirmation, taking into account that which is stipulated in these General Terms and Conditions.
2. If the Customer invokes the guarantee and this is justified, Print.com will, at its discretion:
a. Replace the Printed matter by a reprint of the original file, but not if the original file has to be replaced for technical reasons;
b. Offer an appropriate compensation for the purchase price.
3. Return costs for non-Specified or defective Printed Matters will be paid by Print.com. The Client will, however, observe instructions for transport.
4. The non-Specified or defective printed matter becomes the property of Print.com as soon as it is replaced or compensated.
5. Print.com only guarantees that the Printed matter is suitable for the purpose for which it is intended. If the Printed matter is used for another, general or special, purpose, Print.com gives no guarantee about the suitability for the purpose of the Printed matter concerned. It does not matter whether Print.com was aware of this purpose.
6. No warranty obligation exists for the materials and/or parts prescribed by Customer or for materials or parts supplied by third parties on Customer’s instructions.
7. If it is established that the returned Printed Work is not defective and does comply with the Specifications, the Client must pay the price of the Printed Work increased by the costs of transport and handling incurred in connection with this.
8. Print.com has no obligations on the basis of the guarantee if it appears that the Printed matter is faulty, has been used improperly or has not been stored or used in the correct manner.
9. Subject to the applicable mandatory provisions of law, the warranty set forth in this Article 13 applies only directly to the Client and not to its customers, agents or representatives and supersedes all other warranties of an express or implied nature. All other warranties are hereby specifically disclaimed by Print.com.
1.The total liability of Print.com in connection with an attributable shortcoming in the fulfillment of the Agreement, tort or any other legal ground is (cumulatively) limited to the amount that in the relevant case will be paid out under the liability insurance coverage taken out by Print.com, increased by the amount of the excess that according to the policy conditions will not be borne by the insurers. If for any reason no monies are paid out under this insurance, any liability of Print.com is limited to the net invoice amount of the goods delivered under the Agreement with a maximum of EUR 10.000,00.
2. Print.com is not liable for consequential damages and/or indirect damages, including but not limited to lost sales and/or profits, missed savings, damage to reputation, reduced goodwill and loss of data.
3. Any claim for damages by Customer must be submitted by him within ninety (90) days after the date of the event underlying the claim. Damages that have not been reported to Print.com within this period will not be considered for compensation, unless the Customer can prove that he could not reasonably have reported the damage at an earlier stage.
4. All claims of Customer shall expire if they are not submitted to the competent court within one (1) year after Customer or the third party was aware or could reasonably has been aware of the facts on which it is basing its claim.
5. The provisions of Article 13 and this Article 14 of these Terms and Conditions include the entire liability of Print.com and its affiliated companies in connection with defective Printed matter or Printed matter that does not comply with the Specifications.
6. The Client indemnifies Print.com for claims by third parties related to the execution of the Agreement and which are attributable to the Client.
16. Force majeure
1. Neither Party shall be obliged to fulfil any obligation if prevented from doing so as a result of force majeure. The foregoing shall not affect the obligation of the Parties to try to prevent and avoid force majeure situations as much as possible.
2. Force majeure is understood to be any event or circumstance, whether or not foreseeable at the time of entering into the Agreement, which according to standards of reasonableness is beyond the control of the Party and as a result of which no fulfilment of its obligations can reasonably be demanded, such as, but not limited to: strikes, business interruptions, interruptions in the production process, internet disruptions or malfunctions, power failures, business sit-ins and force majeure of suppliers.
3. In case of force majeure both parties are authorized, without judicial intervention and without incurring any liability for possible consequential damages towards the Customer, to suspend the execution of the Agreement or, if it is reasonably expected by Print.com that the delay will extend over a period of six (6) consecutive months, to rescind the Agreement in whole or in part.
4. If Print.com has already partially fulfilled its obligations at the onset of the force majeure, or can only partially fulfil its obligations, it is entitled to separately invoice the already fulfilled or executable part.
1. Without prejudice to any rights and remedies that Print.com may have or be entitled to under the terms of the Agreement or the law, Print.com is entitled to terminate the Agreement or any part thereof, with immediate effect, by means of a written notification to Customer, without any liability to Customer, if
a. The Customer does not, not timely or not properly meet any obligation under the Agreement and fails to remedy such failure within fourteen (14) days after written notice of default;
b. any proceedings in respect of insolvency, bankruptcy (including restructuring), liquidation or winding-up are instituted in relation to Customer (even if such proceedings are instituted voluntarily or involuntarily by Customer), Customer is placed under an administrator or receiver or a transfer is made for the benefit of creditors of Customer or Customer ceases its activities;
c. the Debt Restructuring (Natural Persons) Act is declared applicable to Customer;
d. Customer dies;
e. a change of control occurs on the part of Customer; or
f. Customer is confronted with an attachment that can form an obstacle to the performance and compliance with the Agreement or otherwise loses the disposal of its assets.
2. Obligations which according to their nature are intended to continue even after termination or dissolution of the Agreement, will then continue to exist. In all cases mentioned in 16.1, any claim that Print.com has on the Customer is immediately due and payable.
1. Print.com and Customer will ensure that all information they receive from each other and which they know or should know to be confidential in nature will be kept secret.
2. Subject to prior written consent of the other Party, Parties will not disclose any confidential information at their disposal to third parties and will only disclose such information to its personnel in so far as necessary for the execution of the agreed services and the same confidentiality obligations are stipulated from them.
19. Privacy statement
Print.com protects the personal data it processes in accordance with the privacy legislation, including the General Data Protection Regulation (AVG). For more information, the Customer may consult the Privacy Statement of Print.com.
The Customer is not entitled to transfer his rights and obligations under an Agreement to third parties without the prior written consent of Print.com.
21. Deviations / nullity
1. Deviations from, amendments to and/or supplements of these Conditions or the Agreements apply only if and insofar as Print.com has explicitly accepted them in writing and only apply to the specific Agreement for which they have been agreed upon. In case of conflict between a written provision in the Agreement and a provision under these Terms, the provision in the Agreement prevails.2. If one or more of the provisions of these Conditions are null and void or may be annulled, the remaining provisions of these Conditions remain fully applicable. Print.com and the Customer will in that case discuss and agree on new provisions to replace the void or nullified provisions, taking into account, if and as far as possible, the purpose and intent of the original provision.
22. Applicable law; competent court
Applicable law; competent court
1. All Agreements entered into by Print.com, of which these Conditions are a part, in whole or in part, are governed by Dutch law.
2. The applicability of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (“Vienna Sales Convention”) is explicitly excluded by the Parties.
3. Disputes shall be submitted exclusively to the judge of the District Court of Overijssel, sitting at Zwolle.