Terms and Conditions

Article 1: Definitions

In these general terms and conditions the following terms shall have the following meanings:

1.1. Seller: Labelish VOF, established and with registered office at (6093EB) Heythuysen at De Tamboer 1.

1.2. Buyer: any natural or legal person who places an order with the Seller;

1.3. Agreement: the purchase agreement between Seller and Buyer under which goods are delivered by Seller to Buyer.

Article 2: Applicability

2.1. These terms and conditions apply, to the exclusion of any other general terms and conditions, to every offer, order and every agreement between Seller and Buyer to which Seller has declared these terms and conditions applicable.

2.2. By placing an order with Seller, Buyer expressly agrees to the applicability and content of these general terms and conditions. Any deviations from what is stipulated in these general terms and conditions are only valid if they have been expressly agreed in writing.

2.3. If one or more provisions in these general terms and conditions are null and void or are annulled, the other provisions will remain fully applicable. Seller and Buyer will then consult in order to agree on new provisions to replace the null and void or voidable provisions, whereby the purpose and scope of the original provision(s) must be taken into account as much as possible.

2.4. All rights and claims stipulated in these general terms and conditions and in any additional agreements for the benefit of the Seller shall also apply for the benefit of any intermediaries and other third parties engaged by the Seller.

Article 3: Conclusion of agreement

• All offers from Seller are without obligation. Seller has the right to change prices, in particular but not exclusively when this is necessary on the basis of (legal) regulations, or when the production and/or purchasing costs of Seller have increased.
• An agreement will only be concluded once the Seller has accepted and confirmed the Buyer's order. The Seller has the right to refuse orders or to attach special conditions to the delivery. If the Buyer's order is not accepted by the Seller, the Buyer will be notified of this within five (5) working days after receipt of the order.

Article 4: offers and prices

4.1. The stated prices for the goods offered are in euros, including VAT and excluding handling and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing.

4.2. If the prices of the offered goods and services increase by more than 10% in the period between the moment Buyer orders and the delivery of the order by Seller, Buyer has the right to cancel the order or to terminate the agreement within five (5) working days after notification of the price increase by Seller. If Seller does not receive any message from Buyer within this period of five (5) working days, Buyer is deemed to agree to the price increase.

4.3. All statements by Seller of prices, specifications and/or other indications of goods and/or services on its website are always made with care. However, Seller cannot guarantee the correctness of this information or the fact that deviations from it may occur. Seller is not bound by agreements entered into on the basis of incorrect information appearing on its website and therefore has the right to refuse orders in this regard and/or to annul or dissolve agreements entered into in this regard.

Article 5: Samples and models

• If a sample or model has been shown or provided to the Buyer, it is presumed to have been provided for indication purposes only, unless it is expressly agreed that the goods to be delivered will correspond exactly to it.
• The colours shown in the Seller's webshop may differ from the actual colours. The colour fastness of the goods in the webshop depends on the settings of the Buyer's monitor and graphics card. Buyer can therefore not derive any rights from the colours shown in the webshop.

Article 6: Deliveries

• Delivery will be made to the address provided by the Buyer by sending the goods to the Buyer.
• Seller is only obliged to proceed with delivery in the manner indicated by Buyer once Buyer has paid the full amount owed by him to Seller.
• At the time of delivery, the risk in respect of the delivered goods passes to the Buyer.
• If Buyer does not collect the goods ordered by him or does not collect them in time at the agreed place and time of delivery, he will be in default without notice of default. In that case, Seller is entitled to store the goods at Buyer's expense and risk or to terminate the agreement with Buyer, without prejudice to Seller's right to claim full compensation.

Article 7: Delivery times

• The delivery times stated on the Seller's website are indicative. The Buyer will receive his order with due speed and at the latest within (30) working days after the conclusion of the agreement, unless otherwise indicated by the Seller. In the latter case, the Buyer will receive timely notification of this. Exceeding the delivery period does not entitle the Buyer to compensation.
• In the event of exceeding the agreed delivery time, the Buyer is also not entitled to terminate the agreement, unless the delivery time is exceeded to such an extent that the Buyer cannot reasonably be expected to maintain (the relevant part of) the agreement.

Article 8: Shipping or delivery costs

• Buyer is obliged to pay the transport and delivery costs. Seller will inform Buyer of the amount of these costs when ordering.

Article 9: Payment

• Buyer is obliged to pay the amount owed by him to Seller immediately after placing his order. The confirmation of the order by Seller also serves as an invoice.
• The buyer must pay the amount owed by him without discount or compensation within fourteen days after the date of placing the order.
• Buyer can pay by using one of the payment methods offered during the ordering process. Additional (payment/order) conditions may be imposed on Buyer's order. In the case of payment by bank, the date of payment is the date on which the Seller's bank account is credited.
• If Buyer has not ensured payment of the full amount owed by him within the aforementioned payment term, Buyer will be in default by operation of law without any notice of default or demand being required. In that case, Buyer will owe default interest of 1% per month, or part of a month, on the unpaid amount owed by Buyer from the moment of default until the day of full payment. If the statutory interest is more than 12% per year, the client will owe the statutory interest.
• All collection costs, including the full costs of legal assistance, both in and out of court - regardless of who provided them - shall be borne entirely by the Buyer. All extrajudicial collection costs incurred by the Seller in order to achieve compliance with the Buyer's obligations shall be borne by the Buyer. These costs shall be calculated according to the following collection rate, advised by the Dutch Bar Association, with a minimum of € 40.00 per unpaid invoice:

15% of the principal amount of the claim on the first €2,500.00 of the claim;

10% of the principal amount of the claim on the next €2,500.00 of the claim;

5% of the principal amount of the claim on the next €5,000.00 of the claim;

1% of the principal amount of the claim on the next €190,000.00 of the claim;

0.5% on the excess of the principal with a maximum of € 6,775.00.

• The buyer shall owe the contractual or statutory interest referred to in paragraph 4 above on the collection costs incurred.
• If Buyer fails to pay on time or in full, Seller shall also have the right to suspend or terminate the relevant agreement and any related agreements, without prejudice to Seller's right to claim compensation for any damage suffered by it.

Article 10: Guarantees

• Seller guarantees that the goods sold and delivered to Buyer meet the reasonable requirements for use of those goods upon delivery.
• Without prejudice to the provisions of this article, there can be no question of warranty if the wear and tear of the goods can be considered normal and furthermore in the following cases:
• if any changes have been made to or in the goods, including repairs not carried out with the Seller's permission;
• if defects in the goods are the result of use that is not in accordance with their intended purpose or of improper use;
• if damage to the goods is caused by intent, gross negligence, carelessness or neglect on the part of the Buyer.

Article 11: Report defects within 5 working days

• Buyer must inspect the goods delivered by Seller upon delivery, or as soon as possible thereafter. In doing so, Buyer must in particular check whether the goods delivered correspond to the agreement, namely: whether the correct goods have been delivered, whether the delivered goods correspond in quantity with what was agreed and whether the delivered goods meet the quality requirements or, if these are lacking, the requirements that may be set for normal use and/or commercial purposes.
• Visible defects or shortages must be reported in writing to Seller by Buyer within five (5) working days after delivery.
• Hidden defects must be reported in writing to the Seller by the Buyer within five (5) working days of discovery, but no later than one month after delivery.
• If Buyer has made a justified complaint, Seller has the choice to replace the rejected product at Seller's expense, or to credit Buyer for an amount equal to the price owed by Buyer for the rejected product. Seller is in this case not obliged to compensate any damage suffered by Client.
• If Buyer has not reported any defects within the aforementioned period(s), the delivery is deemed to have been carried out completely and correctly. In that case, complaints of any nature whatsoever have no value and no legal consequences and will no longer be processed by Seller.
• Complaints do not give the Buyer the right to suspend payment of an invoice unless the Seller expressly agrees to this in writing.
• Seller reserves the right to refuse returned or returned goods or to refund only a portion of the amount already paid, if there is a suspicion that the goods have already been opened, used or damaged by the fault of Buyer. In that case, Seller has the right to deduct the decrease in value of the product as a result of this damage from the amount to be refunded to Buyer.

Article 12. Retention of title

12.1. All goods delivered by the Seller shall remain its property until all its claims, regardless of the grounds, have been paid in full, increased by any interest and costs due thereon.

12.2. As long as no full payment has been made and the Buyer is in default or the Seller has good reason to fear that the Buyer will be in default, the Seller may, without prior notice of default, immediately reclaim the delivered goods. The Buyer grants the Seller the authority to enter its premises and buildings for this purpose.

12.3. The risk for the goods to which a retention of title applies pursuant to paragraph 1 of this article shall lie with the Buyer after delivery. The Buyer is obliged to adequately insure the goods in question, in any case against risks of theft, damage and destruction. The Buyer is not permitted to transfer any claims on his insurer under insurance as referred to in this paragraph to third parties. Payments in respect of damage and loss of the goods referred to in this article shall take the place of the goods concerned.

12.4. The Buyer is obliged to immediately inform in writing any person who wishes to seize goods delivered by the Seller that fall under the Seller's retention of title, or in the event of administration or bankruptcy of the Buyer itself, the Buyer's receiver or administrator, with a copy thereof to the Seller, that the Seller has remained the owner of the delivered goods, under penalty of forfeiture of an immediately due and payable fine that is not subject to judicial mitigation in the amount of € 5,000 or, if higher, the original invoice amount of the goods. The fine applies in addition to any obligation to pay damages.

Article 13: Liability

• Seller's liability to Buyer, on whatever grounds, per event (whereby a connected series of events is considered as one event) is limited to the purchase price of the relevant product.
• Seller shall never be liable for indirect damage to Buyer or third parties (including consequential damage, loss of turnover and profit, loss of data and immaterial damage), related to or arising from the agreement or the use of the goods ordered by Buyer.
• Seller is not liable for the non-functioning or insufficient functioning of the website, the telecommunications infrastructure and/or other errors in communication or possible consequences thereof. The content of Seller's website as well as the content of all other expressions of Seller on the internet have been compiled with the greatest care. However, Seller cannot provide any guarantees with regard to the nature, correctness or content of that information. Seller is therefore not liable for common errors, inaccuracies, misunderstandings, delays or unclear transmission of orders and messages as a result of the use of the internet or any other (electronic) means of communication in the traffic between Buyer and Seller, or for the consequences of the use of the information concerned. Seller furthermore excludes any liability with regard to the advice given by it and answers to questions, except in the case of intent or gross negligence on the part of Seller.

Article 14: Force Majeure

• Seller shall not be obliged to fulfil one or more obligations, other than obligations to pay money, if it is prevented from doing so as a result of force majeure. Force majeure shall be understood to mean a non-attributable shortcoming of third parties or suppliers engaged, as well as any situation over which Seller cannot actually exercise (decisive) control.

Article 15: Privacy

• Seller respects the privacy of all visitors to its website and ensures that personal data is treated confidentially. The personal data will only be used to fully process the order.
• Personal data will not be provided by Seller to third parties who are not affiliated with Seller, unless explicit permission has been given by Buyer or if this is necessary in connection with the fulfillment of its obligations or legal requirements.
• The website may contain third party advertisements or links to other websites. Seller has no influence on the privacy policy of these third parties or their sites. Seller is therefore not responsible for this.

Article 16: Consumers' right of withdrawal

16.1. When purchasing goods, the Buyer (consumer) has the option to dissolve the agreement without giving reasons (right of withdrawal) for 14 days. This cooling-off period commences on the day after the Buyer (consumer) receives the product.

16.2. During the cooling-off period, the Buyer (consumer) will handle the goods and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the Seller, in accordance with the reasonable and clear instructions provided by the Seller. The costs for a return shipment are for the account of the Buyer (consumer).

16.3. If Seller has not ensured delivery of the ordered goods within thirty (30) days from the day on which Buyer (who is a consumer) placed his order with Seller, Seller shall be in default by operation of law and Buyer (consumer) shall be entitled to terminate the agreement with Seller.

16.4. The Buyer (consumer) shall not have the authority referred to in paragraph 3 above if the Seller has agreed a different delivery period with the Buyer (consumer) or if the delay in delivery cannot be attributed to the Seller or if compliance is not already permanently impossible.

16.5. If compliance is permanently impossible because the purchased item is not available, Buyer (consumer) must be notified of this as soon as possible and Buyer (consumer) is entitled to a refund of the amount paid by him to Seller. Seller will refund this payment to Buyer within thirty (30) days after Seller has notified Buyer (consumer) of the impossibility to deliver.

Article 17: Applicable law and choice of forum

17.1. All orders and agreements that Seller enters into with Buyer are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention is excluded.

17.2. All disputes arising from or related to a legal relationship between the parties to which these General Terms and Conditions apply, shall be settled exclusively by the court in Roermond.

These general terms and conditions were provided by Seller to Buyer before concluding the agreement by offering the possibility to download and save in the ordering process, are also available for inspection at Seller's office in Heythuysen and will be sent to Buyer again free of charge upon first request. They can be found on the internet at www.labelish.com

Article 18: promotions and discounts

18.1 Promotions, discounts and prizes are valid for a maximum of one per person. Seller always has the right to refuse a promotion, discount or prize won for any reason.

18.2 Discount codes obtained in promotions are valid for a maximum of 2 months.