Definitions
- Pawesome Prints : Part of Honk6, located at Hooidonk 6, 3823 AL, Amersfoort in the Netherlands and registered with the Chamber of Commerce under number 90977807.
- Customer : Any natural or legal person with whom Pawesome Prints enters into an agreement.
- Consumer : A natural person who does not act in the exercise of a profession or business and who enters into an agreement with Pawesome Prints.
- Agreement : The agreement between Pawesome Prints and the customer for the delivery of services or products.
Applicability
- These terms and conditions apply to all quotations, offers, deliveries, agreements and services of Pawesome Prints, unless otherwise agreed in writing.
- Any deviating conditions of the customer are expressly rejected, unless otherwise agreed in writing.
- If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or are annulled, the remaining provisions will remain fully applicable.
Prices
- All prices are in euros, including VAT, but excluding any other costs such as shipping costs or taxes, unless otherwise stated.
- Pawesome Prints reserves the right to change prices and rates, including by adjusting to the price index or rising third-party costs.
- If a price change occurs after the conclusion of the agreement, the consumer has the right to terminate the agreement if the price increase is not the result of a legal obligation.
Monsters and Models
Samples, models or examples of a product shown are for illustrative purposes only and may differ from the actual product, unless expressly agreed otherwise.
Payments and Defaults
- Payment must be made within the specified payment term, as stated on the invoice, unless otherwise agreed in writing.
- If the payment term is exceeded, the customer is legally in default and Pawesome Prints has the right to charge interest of 2% per month from the due date.
- Extrajudicial collection costs in the event of late payment are for the account of the customer and are calculated in accordance with the statutory Decree on compensation for extrajudicial collection costs.
- Pawesome Prints reserves the right to suspend the execution of the agreement until full payment has been made.
Retention of title
- Pawesome Prints reserves the ownership of the delivered products until the full purchase price has been paid.
- The customer is not entitled to alienate, pledge or otherwise encumber the products before full ownership has been transferred to him.
- In the event of default or suspicion of inability to pay, Pawesome Prints is entitled to take back the delivered products.
Right of Complaint
- In the event of late payment, Pawesome Prints reserves the right to make a complaint about the delivered products, as stipulated in the Civil Code.
- The right of complaint can be communicated to the customer by Pawesome Prints in writing or electronically, after which the customer is obliged to return the products at the first request of Pawesome Prints.
Delivery and Delivery Time
- The delivery times stated by Pawesome Prints are indicative and do not entitle the customer to compensation if they are exceeded, unless otherwise agreed in writing.
- Delivery will take place at the address specified by the customer.
- If the customer provides an incorrect address, this may result in additional costs that will be borne by the customer.
- If payment is not made (on time), delivery may be suspended.
Risk and Insurance
- The risk of loss, damage or depreciation passes to the customer once the products have been delivered to the customer.
- If the customer arranges for the transport of the products himself, the risk is already transferred upon the actual transfer to the customer or to a third party designated by him.
Right of withdrawal
- Since Pawesome Prints products are often custom-made and manufactured according to customer specifications, the right of withdrawal as described in the law does not apply.
- The customer will receive a sample for approval in advance for personalized products. The customer has 2 hours to cancel the order without costs; after this period a design fee of €7.95 will be charged.
Warranty and Complaints
- Pawesome Prints guarantees that the delivered products comply with the agreement and the specifications provided by Pawesome Prints.
- Complaints about defects must be reported to Pawesome Prints in writing and with a detailed description within one month of discovery.
- If a complaint is found to be justified, Pawesome Prints will repair, replace or refund the product at its own discretion.
- Consumers have a reporting period of 2 months for any defects found.
Liability
- Pawesome Prints' liability is limited to direct damage resulting from intent or deliberate recklessness.
- Pawesome Prints is not liable for indirect damage, consequential damage, loss of profit, lost savings, or damage due to business stagnation.
- The liability of Pawesome Prints is in any case limited to the invoice amount of the agreement.
Force majeur
- Pawesome Prints is not liable for damages resulting from force majeure, including natural disasters, pandemics, government measures, business disruptions, etc.
- In case of force majeure, Pawesome Prints' obligations will be suspended. After a period of 30 days, the customer can terminate the agreement in writing.
Right of retention and suspension
- Pawesome Prints reserves the right to withhold customer goods until customer has fulfilled all payment obligations.
- If the customer is not a consumer, he waives the right to suspend the performance of his obligations or to offset them against any counterclaim on Pawesome Prints.
Amendment of the Agreement
If the amendment or addition to the agreement proves necessary for correct execution, the parties will amend the agreement in mutual consultation.
Changes to General Terms and Conditions
- Pawesome Prints may amend the general terms and conditions. Essential amendments will be communicated to the customer in advance.
- After a material change, the customer has the right to terminate the agreement if the changes are unacceptable to him.
Applicable Law and Competent Court
- These general terms and conditions and any agreement between Pawesome Prints and the customer are governed by Dutch law.
- Any disputes will be submitted to the competent court in the district where Pawesome Prints is established, unless mandatory legal rules provide otherwise.