GENERAL TERMS AND CONDITIONS
- Customer: a natural person at least 18 years old, or a legal person with whom or with which DecorateonDemand.co.uk has entered into an agreement to deliver its product, or to whom or to which DecorateonDemand.co.uk has made a proposal to deliver such a product.
1. a reproduction by DecorateonDemand.co.uk of an image from DecorateonDemand.co.uk’s image archive or a customer’s image following an individual, personal and specific order placed by the customer:
- on textile fabric, stretched on a wooden frame of stretcher bars without frame; and/or
- any other material supplied by DecorateonDemand.co.uk.
- Image archive: all images over which DecorateonDemand.co.uk exercises exclusive or non-exclusive rights, and which may or may not be shown on DecorateonDemand.co.uk’s website.
- DecorateonDemand.co.uk: Dolle Bull BV, the user of these general terms and conditions, with its registered office in Kollum, the Netherlands, registered in the Chamber of Commerce trade register under number 55410065.
- Conditions: these general terms and conditions.
- Website: the website of DecorateonDemand.co.uk, namely www.DecorateonDemand.co.uk.
- Customer image: an analogue or digital image supplied by the customer, electronically or otherwise.
- Material: information carriers and/or physical documents used by the customer to send the customer’s image to CanvasCompany.
- Personalised product: Reproduction made by DecorateonDemand.co.uk of an image from DecorateonDemand.co.uk’s image archive or a customer’s image
Applicability of these general terms and conditions
2.1. These general terms and conditions apply to all agreements entered into between DecorateonDemand.co.uk and a customer, and to all proposals made by DecorateonDemand.co.uk to a customer to enter into such an agreement.
2.2 DecorateonDemand.co.uk explicitly rejects any terms and conditions or purchase conditions, irrespective of their name, other than these general terms and conditions.
3.1.The agreement enters into force when the customer places an order by filling in and sending the order form on the website online, and DecorateonDemand.co.uk accepts this order.
3.2. An order can only be definitively accepted after DecorateonDemand.co.uk has been able to assess the image, along with its nature and condition, which is to be reproduced in connection with the customer’s order, whether this image originates from the customer or elsewhere.DecorateonDemand.co.uk strives to inform the customer electronically within eight days whether the order can or cannot be accepted, calculated from the day of receipt of the order. No response within this period of eight days does not mean tacit acceptance of the order.
3.3. If DecorateonDemand.co.uk does not accept the order, DecorateonDemand.co.uk will erase the customer image delivered electronically by the customer. DecorateonDemand.co.uk will destroy all information carriers and/or physical documents, including photographs, unless the customer wants these goods returned. Goods are only returned at the expense of the customer. Shipping costs must be paid by the customer at the request of DecorateonDemand.co.uk before shipment is made by DecorateonDemand.co.uk.
3.4. The rights under an agreement cannot be transferred to third parties by the customer.
3.6. If the customer cancels an order after entering into the agreement, the customer is nevertheless obliged to fulfil the payment obligation, except in the circumstance described in Article 8 of these general terms and conditions.
3.7. DecorateonDemand.co.uk guarantees that the product complies with the agreement, and legal provisions and government regulations applicable on the date of entering into the agreement. DecorateonDemand.co.uk strives for the highest quality with regard to its products, but cannot guarantee that a product always meets a customer’s expectations in terms of its quality or other characteristics.
4.1. DecorateonDemand.co.uk’s prices are stated on the website, and include VAT and any other rights and costs that may apply to the sale or shipment of the product, whether originating from the government or elsewhere. By placing an order, the customer agrees with the price that applies to the product at the time of the order. If the customer wants a special effect and/or non-standard editing, the price will be subject to a surcharge. This surcharge will be specified by DecorateonDemand.co.uk in the order confirmation. In these circumstances, the agreement is only concluded after the customer has accepted, in writing or electronically, the total price specified in the order confirmation.
4.2. If DecorateonDemand.co.uk changes its prices before it has an opportunity to check the image supplied by the customer, the acceptance of an order is considered to be based on the new price. If the customer wishes to confirm the order on the basis of the changed price, the customer must let DecorateonDemand.co.uk know within five days of receipt of the acceptance sent by DecorateonDemand.co.uk. Without this confirmation, no agreement between DecorateonDemand.co.uk and the customer will be entered into.
4.3. In the case of an intra-community delivery to a company liable for VAT in the European Union, which DecorateonDemand.co.uk delivers without charging VAT, DecorateonDemand.co.uk will state the VAT number of the customer on the invoice. If DecorateonDemand.co.uk is not aware of the VAT number and is not informed on request, DecorateonDemand.co.uk will charge VAT.
The customer indemnifies DecorateonDemand.co.uk for any damage and other disadvantage that DecorateonDemand.co.uk suffers if the customer is not registered as a taxpayer in the country of establishment, or if DecorateonDemand.co.uk incorrectly invoices without VAT at the customer’s request for reasons DecorateonDemand.co.uk is unaware of.
4.4. Discounts can never be accumulated. In the case of a combined discount, the highest discount percentage applies.
5.1. DecorateonDemand.co.uk outsourced the handling of payments to MultiSafepay B.V. (www.multisafepay.com). Payment must be made either in advance (such as iDeal, MasterCard, etc.) or after delivery via Klarna (www.klarna.com/uk/).[U1]
5.2. In case of payment after delivery via Klarna, the customer must observe the payment term stated in the invoice or digital payment slip. If no payment term is stated on the invoice or payment slip, a payment term of a maximum of fourteen (14) days applies.
5.3. In case of payment after delivery, the product supplied by DecorateonDemand.co.uk remains the property of DecorateonDemand.co.uk until the full purchase price has been paid by the customer.
6.1. The place of delivery is the delivery address given to DecorateonDemand.co.uk by the customer.
6.2. The customer guarantees that the address given is correct and can be reached by a normal method of delivery by post or courier service along a proper paved road.
7.1. The usual delivery time of a product is that stated on the website. This is calculated from the date of receipt of the order, or from the day DecorateonDemand.co.uk receives the payment of the agreed price, including VAT and additional costs, from the customer. The latter of the two aforementioned times is decisive for the start of the delivery time.
7.2. If payment on account is explicitly agreed, the delivery time starts on the day after confirmation of acceptance of the order by DecorateonDemand.co.uk.
7.3. The delivery time referred to in Paragraph 1 is not a deadline. If DecorateonDemand.co.uk does not deliver within this delivery period, DecorateonDemand.co.uk will only be in default after the customer has given DecorateonDemand.co.uk written or electronic notice of default, set a final deadline for delivery of at least fourteen days, and DecorateonDemand.co.uk fails to deliver within this period.
8.1. No right of dissolution is attached to DecorateonDemand.co.uk’s personalised products, because these are manufactured individually according to the customer’s specifications. Each personalised product reflects a composition of individual choices such as image, size, and material on which the image is printed, and optionally the finishing of the material.
If there is a shortcoming in DecorateonDemand.co.uk’s performance other than in respect of the delivery time, and this shortcoming is fully attributable to DecorateonDemand.co.uk, then DecorateonDemand.co.uk will only be in default after the customer has given DecorateonDemand.co.uk written or electronic notice of default, set a final deadline for remedying the shortcoming of at least fourteen days, and DecorateonDemand.co.uk fails to remedy the shortcoming within this period.
Such a shortcoming never includes the poor quality of a product due to the poor quality of the image provided by the customer, or as a result of the customer’s specifications.
If DecorateonDemand.co.uk is in default in respect of the fulfilment of the agreement, the customer is entitled to dissolve the agreement. In the event of dissolution, DecorateonDemand.co.uk will immediately refund the prepaid price to the customer (this is the money-back guarantee).
In all other cases, DecorateonDemand.co.uk can decide at its discretion to provide the customer with a voucher out of goodwill. DecorateonDemand.co.uk is entitled to attach further conditions to the voucher.
The customer must always return the delivered product to DecorateonDemand.co.uk at own expense and risk.
8.2. If DecorateonDemand.co.uk fails to comply with the agreement, and the customer does not use this as grounds to dissolve the agreement but demands compliance, DecorateonDemand.co.uk has the right to replace any defective product already delivered, give the customer a voucher with the same value as the delivered product, or decide to refund the purchase price. In the latter case, the contract is deemed to have been dissolved. The customer must always return the delivered product to DecorateonDemand.co.uk at own expense and risk.
8.3. In the event of either a claim for compliance or dissolution of the agreement (or in the event of DecorateonDemand.co.uk deciding to refund the purchase price in accordance with Paragraph 1), DecorateonDemand.co.uk is only liable for the costs incurred by the customer by non-compliance in the performance of the agreement if this non-compliance on the part of DecorateonDemand.co.uk can be traced back to DecorateonDemand.co.uk’s intent or gross negligence. The liability of DecorateonDemand.co.uk is also limited per order to the net invoice amount (invoice amount excluding VAT). If an order consists of several separate parts, the liability of DecorateonDemand.co.uk is limited to that part of the net invoice amount belonging to the part of the order in respect of which DecorateonDemand.co.uk has not complied.
8.4. The customer must immediately check the delivered product for defects after delivery. Any defects in the delivered product must be reported to DecorateonDemand.co.uk in writing or electronically, if possible immediately after delivery, but in any case no later than within three working days of delivery. After this period has expired, the delivery is deemed to correspond to the agreement entered into between DecorateonDemand.co.uk and the customer.
8.5. In the case of payment on account, the invoice is considered accepted as correct and due by the customer unless a complaint is made within three working days after receipt of the invoice.
Images and materials provided by the customer
9.1. The customer provides the customer’s image and materials to DecorateonDemand.co.uk at the customer’s own risk.
DecorateonDemand.co.uk handles its customers’ images and materials with the care that can reasonably be expected of DecorateonDemand.co.uk. In the event of unexpected loss of or damage to a customer’s image and/or materials, DecorateonDemand.co.uk is not liable for the damage suffered by the customer, except in the event of intention or gross negligence on the part of DecorateonDemand.co.uk, and except insofar as DecorateonDemand.co.uk is entitled to an insurance payment pursuant to damage insurance taken out by DecorateonDemand.co.uk. In the latter case, the liability of DecorateonDemand.co.uk is limited to the amount paid by the insurer under the insurance taken out. DecorateonDemand.co.uk is not obliged to take out such insurance, unless explicitly agreed with the customer.
9.2. Where reasonably possible, the customer must make copies and/or a backup of the customer’s image and/or materials before sending these to DecorateonDemand.co.uk.
9.3.The customer is responsible for the nature and quality of the customer’s image and/or materials provided. DecorateonDemand.co.uk is not liable for damage to the customer’s image and/or materials sent to it if this damage arises because DecorateonDemand.co.uk has taken into account information provided by the customer regarding the nature, content, composition and/or size of the customer image and/or materials which is incorrect and/or incomplete.
9.4. DecorateonDemand.co.uk will always report any customer who provides a pornographic image involving a minor to the police.
Industrial and intellectual property rights and other rights
10.1.The industrial and intellectual property rights and other rights of the products or images from the image archive are owned by DecorateonDemand.co.uk or its licensers.
The customer warrants that the customer image and its use by DecorateonDemand.co.uk to process the order, as well as the use of the product with the customer's image by the customer, does not infringe intellectual property rights (including author rights and portrait rights) of third parties.
10.2.With regard to customer images, DecorateonDemand.co.uk accepts no liability for any infringement of any intellectual property right of third parties to which the image is subject when accepting an order. In the event that DecorateonDemand.co.uk is held liable by third parties for infringement of any intellectual property right, the customer shall indemnify DecorateonDemand.co.uk for all damage that DecorateonDemand.co.uk suffers as a result, including that claimed from DecorateonDemand.co.uk by third parties and the costs incurred by DecorateonDemand.co.uk.
Applicable law and competent court
11.1. Dutch law applies to all our proposals and agreements entered into with customers. The validity of the Vienna Sales Convention of 19 June 1980 (CISG) is explicitly excluded.
11.2. Disputes arising from agreements entered into with the customer, as well as disputes concerning the interpretation of these general terms and conditions, will be brought by both parties before the competent court in Leeuwarden, the Netherlands, with the exclusion of the jurisdiction of any other court competent under the Act or the Convention.