Terms & Conditions 3sixty8Creative

Article 1. Definitions

In these general terms and conditions the following definitions apply:

Client: the natural or legal person who has commissioned the entrepreneur to manufacture goods.

Entrepreneur: the natural or legal person who has accepted the assignment as referred to under a or who has submitted a quotation or offer prior to a possible assignment.

Supplementary agreement: an agreement whereby the consumer acquires products and/or digital content in connection with a distance contract and these items and/or digital content are delivered by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur.

Reflection period: the period within which the consumer can make use of his right of withdrawal.

Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession.

Day: calendar day.

Right of withdrawal: the option of the consumer to waive the distance contract within the cooling-off period.

Agreement: the agreement established by offer and acceptance in accordance with the provisions of the law (in Article 217 of Book 6 of the Civil Code, Dutch law for Dutch citizens). This agreement must always be confirmed in writing.

Distance contract: an agreement that is concluded between the entrepreneur and the consumer in the context of an organized system for the distance sale of products and/or digital content, whereby exclusive or partial use is made of one or more remote communication techniques.

Article 2. Applicability

2.1          These general terms and conditions apply to the creation, content and fulfillment of all agreements concluded between the client and the entrepreneur.

2.2          Before the (distance) agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the entrepreneur will indicate how the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the request of the consumer.

2.3          If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can be stored in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.

2.4          In the event that specific product conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.

Article 3. Offer

3.1          Each offer contains such information that it is clear to the client what rights and obligations are attached to the acceptance of the offer.

3.2.         An offer, quotation, budget, pre-calculation, or similar announcement does not oblige the entrepreneur to conclude an agreement with the client.

3.3.         Offers from the entrepreneur are always without obligation and can only be accepted without deviations.

3.4.         Obvious mistakes or errors in the offer do not bind the entrepreneur.

Article 4. Price

4.1.         The price quoted by the entrepreneur for the performance to be performed by him applies exclusively to the performance in accordance with the agreed specifications.

4.2          All prices quoted are inclusive of sales tax (VAT) but exclusive of shipping costs, including any levies imposed by governments.

4.3.         In the case of composite offers, there is no obligation to deliver part of the total performance against the amount stated for this part in the offer or against a proportionate part of the price quoted for the whole.

Article 5. Formation and content of the agreement

5.1.         The agreement is – subject to the provisions of paragraph 5 of this article – concluded at the time of acceptance by the consumer of the offer and compliance with the corresponding conditions.

5.2          A consumer accepts the offer by means of the order button. The entrepreneur immediately confirms electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

5.3.         The order will only be taken into production after the entrepreneur has received payment of the agreed price.

5.4.         After the order has been taken into production, cancellation of the order is no longer possible.

5.5.         Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.

Article 6. Term and place of delivery

6.1.         A term of delivery specified by the entrepreneur, unless it is expressly indicated in writing that it concerns a deadline, is only an indication. The entrepreneur, even with an agreed deadline, is only in default after the client has given him notice of default.

6.2.         Unless agreed otherwise, delivery will take place at the address specified by the client.

6.3.         During the execution of the agreement, the client or his representative is obliged by the entrepreneur to do everything that is reasonably necessary or desirable to enable timely delivery to the address specified by the entrepreneur.

6.4.         The risk of damage and/or loss of the item to be delivered rests with the entrepreneur until the moment of delivery to the client or his representative.

6.5.         The entrepreneur is not charged with storing the goods to be delivered, unless this has been expressly agreed. If storage takes place, this will be at the expense and risk of the client.

6.6          The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative announced to the entrepreneur, unless expressly agreed otherwise.

Article 7. Inspection upon delivery

7.1.         The client is obliged to investigate with due speed after delivery of the delivered whether the entrepreneur has properly fulfilled the agreement and is also obliged to immediately inform the entrepreneur in writing, as soon as it appears to him to the contrary.

7.2.         The client must carry out the investigation and the relevant notification referred to in paragraph 1 of this article at the latest within 5 days after delivery.

7.3.         The entrepreneur is always entitled to substitute a new sound performance for a previous faulty performance, unless the default cannot be remedied.

7.4.         The fulfillment of the agreement is considered sound between the parties if the client has failed to carry out the investigation or the notification referred to in paragraph 1 of this article in time.

7.5.         The performance of the entrepreneur is in any case regarded as sound between the parties if the client has taken into use, modified or processed the delivered goods or part of the delivered goods, delivered them to third parties, or had them taken into use, or had them edited. or process it or have it delivered to third parties, unless the client has complied with the provisions of the first paragraph of this article.

Article 8. Deviations

8.1.         The client is aware that the delivered goods are a representation of the original painting, drawing or model. Deviations between the delivered product on the one hand and the original painting, drawing or model on the other cannot constitute a reason for rejection, discount, dissolution of the agreement or compensation, if they are of minor significance.

8.2.         Deviations that, taking all circumstances into account, reasonably have no or a minor influence on the use value of the delivered goods, are always deemed to be deviations of minor significance.

Article 9. Payment

9.1.         Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid immediately upon entering into the agreement.

9.2.         The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.

9.3.         If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the If payment is not made within this 14-day period, the statutory interest will be due on the amount still due and the entrepreneur will be entitled to charge the extrajudicial collection costs incurred by him.

Article 10. Warranty

10.1.       The entrepreneur does not guarantee the resistance of the delivered goods due to the effect of moisture, extreme UV radiation and other extreme environmental factors.

10.2.       If the delivered goods show a design, material or manufacturing defect, the client is entitled to repair or replacement. The client is only entitled to replacement if repair of the delivered goods is not possible. The goods to be replaced and/or repaired must be sent to the entrepreneur carriage paid.

10.3.       No guarantee applies to damage caused by incorrect use or application of the delivered goods.

10.4.       The proof of purchase serves as proof of warranty.

10.5.       If repair or replacement is impossible, the entrepreneur has the right to dissolve the agreement and to credit the buyer in full.

Article 11. Intellectual property

11.1.       The Copyright Act applies to all texts, drawings, images or parts of images that are shown on the website, products and social media of the entrepreneur.

11.2.       The entrepreneur grants the consumer a limited, personal, non-exclusive, non-sublicensable, non-transferable and irrevocable right to use the services and products for personal purposes and under the conditions as stated in these general terms and conditions.

11.3.       The consumer is expressly prohibited from copying, changing, publishing, using for direct or indirect commercial purposes or transferring to third parties’ designs, information, images and other content prepared by the entrepreneur.

11.4        Deviation from what is stipulated in this article must be compensated without the express permission of the entrepreneur. The compensation amounts to at least 10,000 euros and is immediately due and payable.

Article 12. Force majeure

12.1.       Shortcomings of the entrepreneur in the fulfillment of the agreement cannot be attributed to him if they are not due to his fault, nor are they for his account under the law, the agreement or generally accepted views.

12.2.       In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard by law and jurisprudence, all external causes, foreseen or unforeseen, over which the entrepreneur cannot exert influence, but as a result of which the entrepreneur is unable to fulfill his obligations after to come. This includes strikes in the company of the entrepreneur or third parties. The entrepreneur also has the right to invoke force majeure if the circumstances that prevent (further) fulfillment of the agreement occur after the entrepreneur should have fulfilled his obligation.

12.3        The entrepreneur can suspend the obligations under the agreement during the period that the force majeure continues.

Article 13. Liability

13.1.       The liability of the entrepreneur under the agreement with the client is limited to such an amount as is in proportion to the agreed price according to standards of reasonableness and fairness.

13.2.       The compensation will never exceed the amount paid by the client to the entrepreneur in connection with the execution of the agreement.

13.3.       The entrepreneur is not liable for damage of any nature whatsoever that arises because of or after the client has taken into use, edited or processed the delivered goods or part of the delivered goods after delivery, delivered them to third parties or had them put into use. edited or processed or delivered to third parties.

Article 14. Use of personal data

14.1.       The entrepreneur guarantees to treat all information from the client that is obtained in connection with the execution of the agreement confidentially.

14..2.      The entrepreneur is not entitled to use the information made available by the client for a purpose other than that for which it was obtained.

Article 15. Applicable law

The agreement between the entrepreneur and the client is governed by Dutch law.

Terms & Conditions 3sixty8Creative

Article 1. Definitions

In these general terms and conditions the following definitions apply:

Client: the natural or legal person who has commissioned the entrepreneur to manufacture goods.

Entrepreneur: the natural or legal person who has accepted the assignment as referred to under a or who has submitted a quotation or offer prior to a possible assignment.

Supplementary agreement: an agreement whereby the consumer acquires products and/or digital content in connection with a distance contract and these items and/or digital content are delivered by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur.

Reflection period: the period within which the consumer can make use of his right of withdrawal.

Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession.

Day: calendar day.

Right of withdrawal: the option of the consumer to waive the distance contract within the cooling-off period.

Agreement: the agreement established by offer and acceptance in accordance with the provisions of the law (in Article 217 of Book 6 of the Civil Code, Dutch law for Dutch citizens). This agreement must always be confirmed in writing.

Distance contract: an agreement that is concluded between the entrepreneur and the consumer in the context of an organized system for the distance sale of products and/or digital content, whereby exclusive or partial use is made of one or more remote communication techniques.

Article 2. Applicability

2.1          These general terms and conditions apply to the creation, content and fulfillment of all agreements concluded between the client and the entrepreneur.

2.2          Before the (distance) agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the entrepreneur will indicate how the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the request of the consumer.

2.3          If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can be stored in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.

2.4          In the event that specific product conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.

Article 3. Offer

3.1          Each offer contains such information that it is clear to the client what rights and obligations are attached to the acceptance of the offer.

3.2.         An offer, quotation, budget, pre-calculation, or similar announcement does not oblige the entrepreneur to conclude an agreement with the client.

3.3.         Offers from the entrepreneur are always without obligation and can only be accepted without deviations.

3.4.         Obvious mistakes or errors in the offer do not bind the entrepreneur.

Article 4. Price

4.1.         The price quoted by the entrepreneur for the performance to be performed by him applies exclusively to the performance in accordance with the agreed specifications.

4.2          All prices quoted are inclusive of sales tax (VAT) but exclusive of shipping costs, including any levies imposed by governments.

4.3.         In the case of composite offers, there is no obligation to deliver part of the total performance against the amount stated for this part in the offer or against a proportionate part of the price quoted for the whole.

Article 5. Formation and content of the agreement

5.1.         The agreement is – subject to the provisions of paragraph 5 of this article – concluded at the time of acceptance by the consumer of the offer and compliance with the corresponding conditions.

5.2          A consumer accepts the offer by means of the order button. The entrepreneur immediately confirms electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

5.3.         The order will only be taken into production after the entrepreneur has received payment of the agreed price.

5.4.         After the order has been taken into production, cancellation of the order is no longer possible.

5.5.         Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.

Article 6. Term and place of delivery

6.1.         A term of delivery specified by the entrepreneur, unless it is expressly indicated in writing that it concerns a deadline, is only an indication. The entrepreneur, even with an agreed deadline, is only in default after the client has given him notice of default.

6.2.         Unless agreed otherwise, delivery will take place at the address specified by the client.

6.3.         During the execution of the agreement, the client or his representative is obliged by the entrepreneur to do everything that is reasonably necessary or desirable to enable timely delivery to the address specified by the entrepreneur.

6.4.         The risk of damage and/or loss of the item to be delivered rests with the entrepreneur until the moment of delivery to the client or his representative.

6.5.         The entrepreneur is not charged with storing the goods to be delivered, unless this has been expressly agreed. If storage takes place, this will be at the expense and risk of the client.

6.6          The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative announced to the entrepreneur, unless expressly agreed otherwise.

Article 7. Inspection upon delivery

7.1.         The client is obliged to investigate with due speed after delivery of the delivered whether the entrepreneur has properly fulfilled the agreement and is also obliged to immediately inform the entrepreneur in writing, as soon as it appears to him to the contrary.

7.2.         The client must carry out the investigation and the relevant notification referred to in paragraph 1 of this article at the latest within 5 days after delivery.

7.3.         The entrepreneur is always entitled to substitute a new sound performance for a previous faulty performance, unless the default cannot be remedied.

7.4.         The fulfillment of the agreement is considered sound between the parties if the client has failed to carry out the investigation or the notification referred to in paragraph 1 of this article in time.

7.5.         The performance of the entrepreneur is in any case regarded as sound between the parties if the client has taken into use, modified or processed the delivered goods or part of the delivered goods, delivered them to third parties, or had them taken into use, or had them edited. or process it or have it delivered to third parties, unless the client has complied with the provisions of the first paragraph of this article.

Article 8. Deviations

8.1.         The client is aware that the delivered goods are a representation of the original painting, drawing or model. Deviations between the delivered product on the one hand and the original painting, drawing or model on the other cannot constitute a reason for rejection, discount, dissolution of the agreement or compensation, if they are of minor significance.

8.2.         Deviations that, taking all circumstances into account, reasonably have no or a minor influence on the use value of the delivered goods, are always deemed to be deviations of minor significance.

Article 9. Payment

9.1.         Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid immediately upon entering into the agreement.

9.2.         The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.

9.3.         If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the If payment is not made within this 14-day period, the statutory interest will be due on the amount still due and the entrepreneur will be entitled to charge the extrajudicial collection costs incurred by him.

Article 10. Warranty

10.1.       The entrepreneur does not guarantee the resistance of the delivered goods due to the effect of moisture, extreme UV radiation and other extreme environmental factors.

10.2.       If the delivered goods show a design, material or manufacturing defect, the client is entitled to repair or replacement. The client is only entitled to replacement if repair of the delivered goods is not possible. The goods to be replaced and/or repaired must be sent to the entrepreneur carriage paid.

10.3.       No guarantee applies to damage caused by incorrect use or application of the delivered goods.

10.4.       The proof of purchase serves as proof of warranty.

10.5.       If repair or replacement is impossible, the entrepreneur has the right to dissolve the agreement and to credit the buyer in full.

Article 11. Intellectual property

11.1.       The Copyright Act applies to all texts, drawings, images or parts of images that are shown on the website, products and social media of the entrepreneur.

11.2.       The entrepreneur grants the consumer a limited, personal, non-exclusive, non-sublicensable, non-transferable and irrevocable right to use the services and products for personal purposes and under the conditions as stated in these general terms and conditions.

11.3.       The consumer is expressly prohibited from copying, changing, publishing, using for direct or indirect commercial purposes or transferring to third parties’ designs, information, images and other content prepared by the entrepreneur.

11.4        Deviation from what is stipulated in this article must be compensated without the express permission of the entrepreneur. The compensation amounts to at least 10,000 euros and is immediately due and payable.

Article 12. Force majeure

12.1.       Shortcomings of the entrepreneur in the fulfillment of the agreement cannot be attributed to him if they are not due to his fault, nor are they for his account under the law, the agreement or generally accepted views.

12.2.       In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard by law and jurisprudence, all external causes, foreseen or unforeseen, over which the entrepreneur cannot exert influence, but as a result of which the entrepreneur is unable to fulfill his obligations after to come. This includes strikes in the company of the entrepreneur or third parties. The entrepreneur also has the right to invoke force majeure if the circumstances that prevent (further) fulfillment of the agreement occur after the entrepreneur should have fulfilled his obligation.

12.3        The entrepreneur can suspend the obligations under the agreement during the period that the force majeure continues.

Article 13. Liability

13.1.       The liability of the entrepreneur under the agreement with the client is limited to such an amount as is in proportion to the agreed price according to standards of reasonableness and fairness.

13.2.       The compensation will never exceed the amount paid by the client to the entrepreneur in connection with the execution of the agreement.

13.3.       The entrepreneur is not liable for damage of any nature whatsoever that arises because of or after the client has taken into use, edited or processed the delivered goods or part of the delivered goods after delivery, delivered them to third parties or had them put into use. edited or processed or delivered to third parties.

Article 14. Use of personal data

14.1.       The entrepreneur guarantees to treat all information from the client that is obtained in connection with the execution of the agreement confidentially.

14..2.      The entrepreneur is not entitled to use the information made available by the client for a purpose other than that for which it was obtained.

Article 15. Applicable law

The agreement between the entrepreneur and the client is governed by Dutch law.