Terms and Conditions

Definitions

In these general terms and conditions, the following words have the meaning stated below, unless the context indicates the contrary: General terms and conditionsmeans these general terms and conditions; Daymeans calendar day; Fine Line means the company Fine Line Production BV, located at Cruquiusweg 94 S, in Amsterdam and registered in the Trade Register of the Chamber of Commerce under number 92247911; Customermeans any legal entity or natural person, acting in the exercise of his profession or business,who enters into or wishes to enter into an agreement with Fine Line; Websitemeans the website of Fine Line, being www.shoptyson20.eu.

1. Applicability

1.1 These general terms and conditions apply to all offers, quotations, agreements made by Fine Line and all resulting obligations with the customer. To the extent that the customer (also) orders other products or services to which special general terms and conditions apply, these will also be declared applicable to the agreement between the customer and Fine Line
1.2 If the customer declares or refers to his own general terms and conditions as applicable to an agreement with Fine Line, those general terms and conditions will not be accepted by Fine Line and Fine Line's general terms and conditions will prevail, unless expressly agreed otherwise at an earlier stage.
1.3 The general terms and conditions have been communicated to the customer in advance and can always be consulted via the website and can also be downloaded there as a PDF file. The general terms and conditions will be sent free of charge upon request.
1.4 Everything stipulated in these general terms and conditions and in any further agreements for the benefit of Fine Line is also stipulated for the benefit of third parties engaged by Fine Line.
1.5 These general terms and conditions do not apply to offers to and agreements with natural persons who do not act in the exercise of a profession or business.

2. Offer

2.1 All offers/quotes from Fine Line that do not expressly state the contrary are without obligation and can be revoked at any time, even if they contain a term for acceptance. Offers/quotations can also be revoked in writing by Fine Line immediately after receipt of acceptance, but no later than within two working days, in which case no agreement has been concluded between the parties.
2.2 Offers/quotations can only be accepted in writing (including acceptance by fax or electronically).Fine Line is nevertheless entitled to accept a verbal acceptance as if it had been made in writing. The moment the customer receives a confirmation by email from Fine Line, a binding agreement is concluded between the parties.
2.3 Information contained in advertising material in the broadest sense of the word, such as catalogues, price lists, brochures, third-party websites, etc., is never binding for Fine Line.
2.4 Unless expressly agreed otherwise in writing, statements of dimensions, weights and other data are estimates that are as reliable as possible.

3. Price

3.1 All prices charged by Fine Line are based on the prices at the time of publication known price-determining factors in the offer/quotation.
3.2 Unless expressly agreed otherwise in writing, the values indicated by Fine Line are: prices always exclude VAT and shipping costs.
3.3 Fine Line is entitled to adjust the prices or parts thereof for goods or services that have not yet been delivered and/or not paid for, to any changes in price-determining factors, such as raw material prices, wages, taxes, production costs, currency exchange rates and the like.
3.4 Fine Line is always entitled to adjust prices without delay if a legal price-determining factor gives reason to do so.
3.5 The minimum order amount is € 250 excluding VAT.

4. Payment

4.1 Fine Line is at all times entitled to demand security from the customer for the correct and timely fulfillment of its payment obligations.
4.2 If delivery is made in parts, each part can be delivered separately by Fine Line invoiced, unless otherwise agreed in writing with the customer.
4.3 In the event of payment default, Fine Line is entitled to suspend or terminate the execution of the agreement and all related agreements.
4.4 All payments must be made to a bank account number to be designated by Fine Line in the Netherlands.
4.5 . Payments made by the customer always serve to settle all interest and costs owed and subsequently to payable invoices that have been outstanding the longest, even if the customer states that the payment relates to a later invoice
4.6 The customer waives any right to offset amounts owed to each other. Offsetting by the customer is not permitted.
4.7. Payments made by the customer to Fine Line electronically, including via the internet and by credit card, are made at the customer's risk. Fine Line is not liable for damage to the customer related to or resulting from payments made electronically, via the internet or by means of credit cards. Providing credit card information by the customer to Fine Line via the internet or otherwise is at the customer's own risk.
4.8 Fine Line reserves the right to require a down payment of 50 to 100% manageable.

5. Accounts and registration

5.1 The consumer can create an account or otherwise register on the website. Fine Line reserves the right to refuse an application for such a registration or to cancel the registration, for example after discovering irregularities.
5.2. The login details are strictly personal and may not be made available to third parties. The consumer is responsible for the use of his login details, even if this happens without his knowledge.
5.3. The consumer will immediately warn Fine Line if he suspects that his login details are known to a third party or irregularities otherwise occur.
5.4. The consumer is not permitted to request or manage more than one account. The consumer is furthermore not permitted to (re)apply for or manage an account after Fine Line has refused the consumer's application for an account or has canceled the consumer's account after registration.

6. Delivery

6.1 The place of delivery is in all cases - unless otherwise agreed in writing - the actual location of the customer or the customer's location with which the contract was entered into or the location specified by the customer when ordering.
6.2The delivery times stated in offers/quotes, confirmations and/or contracts are made to the best of our knowledge and will be observed as much as possible, but they can never be regarded as a deadline.
6.3 The customer undertakes to enable Fine Line to carry out the delivery.
6.4 The customer guarantees at his own expense and risk that: a. Fine Line will be provided with the cooperation necessary to carry out the performance granted; b. the ordered goods or services are purchased; and c. the delivery can take place under normal working conditions, during normal working hours from 8 a.m. to 6 p.m.
6.5 If the ordered goods or services have been offered to the customer for delivery, but delivery has not proven possible due to the fact that the customer has not fulfilled one of the obligations referred to above in paragraphs 3 and 4, purchase is deemed to have been refused.From this moment on, the customer is legally in default without further notice of default being required by Fine Line. The day on which acceptance takes place is deemed to be the delivery date of the ordered goods or services. From this moment on, the goods are also at the risk of the customer, in accordance with the article 'Transfer of risk' in these general terms and conditions.
6.6Without prejudice to the obligation to pay, in the case referred to in paragraph 5, the customer is obliged to compensate any damage suffered by Fine Line as a result of the refusal, including costs for storage and transport, the latter costs being related to the usual local rates.

7. Return

7.1The customer can terminate an agreement regarding the purchase of an item during a cooling-off period of 14 without giving reasons. The period commences on the day after the customer, or a third party designated in advance by the customer, other than the carrier, has received the item, or: a. if the customer has ordered multiple items in the same order: the day on which the customer or a third party designated by him, other than the carrier, has received the last product. Fine Line may, provided it has clearly informed the customer of this prior to the ordering process, refuse an order for multiple items with different delivery times; or b. if the delivery of an item consists of different shipments or parts: the day on which the customer or a third party designated by him, other than the carrier, has received the last shipment or the last part.
7.2 During the cooling-off period, the customer will handle the item and packaging with care. He will only unpack or use the item to the extent necessary to determine the nature, characteristics and operation of the item. The basic principle here is that the customer may only handle and inspect the item as he would in a store.
7.3 The customer is liable for any reduction in value of the item that is the result of a way of handling the item that goes further than permitted in paragraph 2.
7.4 If the customer wishes to return an item, he must report this within the cooling-off period unequivocally to Fine Line.
7.5 The customer shall return the item or hand it over to (an authorized representative of) Fine Line as soon as possible, but within 14 days from the day following the notification referred to in paragraph 4. This is not necessary if Fine Line has offered to collect the item itself. The customer has in any case observed the return period if he returns the item before the cooling-off period has expired.
7.6 The customer returns the item with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the instructions provided by Fine Line.
7.7 The risk and burden of proof for correct and timely return lies with the customer.
7.8 The customer bears the direct costs of returning the item.

8. Risk transition

Regardless of what has been agreed between Fine Line and the customer regarding the costs of transport and insurance, the goods remain at the risk of Fine Line until the time that they are in the actual disposal of the customer or of the third party(ies) engaged by the customer. have been transferred by signing consignment notes, sign-off lists and/or packing lists or by actual delivery.

9. Retention of title

9.1 Ownership of the item delivered by Fine Line to the customer will only be transferred to the customer once the customer has complied with what Fine Line has agreed to do under the agreement with the customer and in may have or receive services or work performed in that context.
9.2 Notwithstanding the provisions of paragraph 1, the customer is authorized to use the goods he has received from Fine Line in the context of his normal business operations.
9.3 The customer is never entitled to encumber, pledge, transfer as security and/or lend and/or outsource goods delivered under retention of title in any way. Nor is the customer entitled to make any changes to the item.
9.4 If the customer fails to fulfill his obligations, Fine Line is entitled to have the items belonging to it retrieved from the place where they are at the customer's expense.

10.Advertisements

10.1 The customer must examine whether the delivered goods or the goods delivered immediately after delivery services provided comply with the agreement .
10 .2 The customer cannot rely on the fact that goods delivered or services provided do not comply with the agreement if he fails to conduct this investigation or has not informed Fine Line in writing of the defects within the period stated below..
10 .3 Visible defects must be reported to Fine Line in writing within five working days after delivery or after the relevant services have been performed.
10.4 Hidden defects must be reported in writing immediately after the customer has discovered them, but no later than two months after delivery of goods or provision of services.
10 .5 Complaints may only be returned to Fine Line with the express prior permission of Fine Line. Returns must be in the original packaging. In all cases, returns must be made in accordance with Fine Line's instructions. Fine Line reserves the right to require that the goods in question be sent to an address specified by it. 6. «=name_webshop» bears the costs for the return shipment.
10 .6 In the event of complaints that are justified and properly submitted in the opinion of Fine Line, Fine Line is obliged, at its option, taking into account the interests of the customer and the nature of the complaint, to either replace/exchange the delivered goods or services provided or granting a price discount.
10 .7 The right to complain lapses if the delivered goods are no longer in the same condition as in which it was delivered.
10 .8 . Complaints about invoices must be submitted in writing within five working days after the date of dispatch of the invoice.

11. Liability

11.1 If one of the parties fails to fulfill one or more of its obligation(s) under the agreement, the other party will declare it in default, unless compliance with the obligation(s) in question is already permanently impossible, in which case if the negligent party is immediately in default. The notice of default will be given in writing, whereby the negligent party will be given a reasonable period to still fulfill its obligations. This period has the character of a fatal period. Fine Line's liability towards the customer for direct damage in the event of failure, failure to deliver on time or failure to perform properly performance is limited to the net invoice value of the relevant goods or services.
11.2 The restriction mentioned in paragraph 1 also applies if Fine Line is purchased by the customer from other countries is held liable under the agreement concluded between them.
11.3 Direct damage is exclusively understood to mean: a. reasonable costs that a party would have to incur to ensure that a performance by the other party complies with the agreement. However, this damage will not be compensated if the other party has terminated the agreement; b. reasonable costs incurred to determine the cause and extent of the damage insofar as the determination relates to direct damage within the meaning of the general terms and conditions; and/or c. reasonable costs incurred to prevent or limit damage insofar as the party suffering damage demonstrates that these costs have led to limitation of direct damage within the meaning of these conditions.
11.4 . Fine Line is never liable for indirect damage, including consequential damage, lost profits, lost savings, damage due to business stagnation and all damage that does not fall under direct damage within the meaning of these general terms and conditions.
11.5 The limitation of liability does not apply in the event of intent or gross negligence on the part of directors and executives of Fine Line.
11.6 Fine Line is never liable for the materials made available by the customer to Fine Line in connection with the agreement. The customer undertakes to take out adequate insurance for these materials.
11.7 Without prejudice to the above, Fine Line is not liable if the damage is due to intent and/or gross negligence and/or culpable actions or improper or improper use of the delivered goods by the customer.

12. Disclaimer

12.1 The customer indemnifies Fine Line to the extent permitted by law, with regard to liability towards one or more third parties, which has arisen from and/or is related to the execution of the agreement, regardless of whether the damage was caused by Fine Line or its auxiliary persons. (o)n(s), auxiliary items or (de)livered items or services has been caused or inflicted. In addition, the customer indemnifies Fine Line, to the extent permitted by law, against all claims from third parties in connection with any infringement of intellectual property rights of these third parties.
12.2 The customer is responsible for adequate insurance with regard to the above risks.
12.3 The customer is always obliged to do everything possible to limit the damage.

13. Force majeure and unforeseen circumstances

13.1 If compliance by Fine Line or purchase by the customer is delayed for more than one month due to force majeure, each of the parties - to the exclusion of further rights - is entitled to terminate the agreement in accordance with the law. What has already been paid or performed under the agreement will then be settled pro rata between the parties.
13.2 Force majeure of Fine Line in any case means: a. the circumstance that Fine Line does not receive a performance (including a performance from the customer) that is important in connection with the performance to be delivered by it, or does not receive it on time or does not receive it properly; b. strikes; c. traffic disruptions; d. government measures that prevent Fine Line from fulfilling its obligations in a timely manner to comply properly; e. riots, riots, war; f. extreme weather conditions; g. fire; and/ or h. import, export and/or transit bans.
13.3 If there are unforeseen circumstances that are of such a nature that the customer cannot reasonably and fairly expect compliance from Fine Line, the judge may dissolve the agreement in whole or in part at the request of one of the parties.

14. Right of retention

Fine Line is authorized to retain all items that Fine Line has in its possession from the customer until the customer has fulfilled all his obligations towards Fine Line with which the items in question are directly or sufficiently related. If items falling under this right fall out of Fine Line's control, Fine Line is entitled to claim these items as if it were the owner.

15. Dissolution

15.1 In the cases described below and to the extent granted below, each of the parties has the right to terminate the agreement, in whole or in part, with immediate effect without further notice of default and judicial intervention: a. when the other party has applied for or obtained a suspension of payments or the other party has been declared bankrupt; b. when the other party's company is liquidated voluntarily or involuntarily; c. when the other party's company merges or is taken over; d. when a significant part of the other party's assets is seized laid; and/or e. when other circumstances arise where continuation of the agreement cannot reasonably be required.
15.2 Each of the parties is only entitled to terminate the agreement if the other party, after a proper and detailed written notice of default as possible with a proposal for a reasonable period for rectification of the shortcoming, fails attributably in the fulfillment of essential obligations. pursuant to the agreement and provided that the shortcoming justifies the dissolution.
15.3 If the agreement is dissolved, Fine Line's claims on the customer are immediately due and payable. If Fine Line suspends compliance with its obligations, it retains its claims under the law and the agreement.
15.4Fine Line always reserves the right to claim damages.

16. Intellectual property

16.1 Fine Line guarantees that the goods it supplies do not infringe Dutch patent rights, design rights or other industrial or intellectual property rights of third parties.
16.2 If it is nevertheless recognized by Fine Line or if it is determined by a Dutch court in a legal proceeding in a decision that is no longer subject to appeal, that any item delivered by Fine Line does infringe the rights of third parties as referred to here, Fine Line will at its option, after consultation with the customer, replace the item in question with an item that does not infringe the right in question or acquire a license right in this regard, or take back the item in question against reimbursement of the price paid for it, less the normal amount to be charged. deem depreciation, without being obliged to pay further compensation.
16.3 However, the customer loses the right to the performance referred to in paragraph 2 if he has not informed Fine Line in a timely and complete manner about claims from third parties as referred to above in this article, as a result of which Fine Line has also been unable to properly defend its rights in this regard.

17. Handover

The customer is not permitted to transfer rights and obligations arising from the agreement to third parties without having obtained written permission from Fine Line.

18. Privacy and security

18.1 Fine Line respects the customer's privacy. Fine Line handles and processes all personal data provided to it in accordance with applicable legislation, in particular the General Data Protection Regulation. The customer consents to this processing. Fine Line uses appropriate security measures to protect the customer's personal data.
18.2 For more information about privacy, please refer to the Fine Line website.

19. Other

19.1 Any deviations from these general terms and conditions can only be agreed in writing. No rights can be derived from such deviations with regard to legal relationships entered into later.
19.2 Unless proven otherwise, Fine Line's administration serves as proof of the requests and/or orders made by the customer. The customer acknowledges that electronic communication can serve as evidence.
19.3 If and to the extent that any provision of the general terms and conditions is declared null and void or annulled, the other provisions of these general terms and conditions will remain in full force. Fine Line will then establish a new provision to replace the void/nullified provision, whereby the scope of the void/nullified provision will be taken into account as much as possible.
19.4 The place of performance of the agreement is deemed to be the place where Fine Line is located established.

20. Governing Law and Choice of Forum

20.1 All disputes between Fine Line and the customer, which may arise as a result of an agreement concluded by Fine Line with the customer, or of agreements resulting therefrom, will, unless Fine Line and the customer have agreed otherwise in writing in this regard, will be settled in the first instance by the competent court in the place of business or district of Fine Line.
18.2 Agreements, and all non-contractual obligations arising therefrom, between Fine Line and the customer to which these general terms and conditions apply, are exclusively governed by Dutch law. The Vienna Sales Convention 1980 is expressly excluded.