Terms and Conditions

GENERAL TERMS AND CONDITIONS SBCollinsInk

E-mail: info.sbcollinsink@gmail.com
Website: https://www.sbcollinsink.com/

Definitions

SBCollinsInk: SBCollinsInk, established in Amsterdam, Chamber of Commerce no. 73139440.

Customer: the party which SBCollinsInk has entered into an agreement with.

Parties: SBCollinsInk and customer together.

Consumer: a customer who is an individual acting for private purposes.

Applicability

These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of SBCollinsInk. 

Parties can only deviate from these conditions if they have explicitly agreed upon in writing.

The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

All prices used by SBCollinsInk are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.

SBCollinsInk is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.

The price with regard to services is determined by SBCollinsInk on the basis of the actual working hours.

The price is calculated according to the usual hourly rates of SBCollinsInk, valid for the period in which he carries out the work, unless a different hourly rate has been agreed.

If the parties have agreed on a total price for a service provided by SBCollinsInk, this is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.

SBCollinsInk is entitled to deviate up to 10% of the target price.

If the target price exceeds 10%, SBCollinsInk must let the customer know in due time why a higher price is justified.

If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.

SBCollinsInk has the right to adjust prices annually.

SBCollinsInk will communicate price adjustments to the customer prior to the moment the price increase becomes effective.

The consumer has the right to terminate the contract with SBCollinsInk if he does not agree with the price increase.

Payments and payment term

SBCollinsInk may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.

The customer must have paid the full amount within 7 days, after delivery.

Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without SBCollinsInk having to send the customer a reminder or to put him in default.

SBCollinsInk reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

Refund

You are entitled to cancel your order within 24 hours without giving any reason for doing so.

In order to exercise your right of cancellation, You must inform us of your decision by means of a clear statement. You can inform us of your decision by:
Filling in the contact form on our website: https://www.sbcollinsink.com
By sending us an email:
Collins.ink24@gmail.com

We will reimburse you no later than 14 days. We will use the same means of payment as you used for the order, and you will not incur any fees for such reimbursement.”

Consequences of late payment

If the customer does not pay within the agreed term, SBCollinsInk is entitled to charge an interest of 2% per month for non-commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.

When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to SBCollinsInk.

The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.

If the customer does not pay on time, SBCollinsInk may suspend its obligations until the customer has met his payment obligation.

In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of SBCollinsInk on the customer are immediately due and payable.

If the customer refuses to cooperate with the performance of the agreement by SBCollinsInk, he is still obliged to pay the agreed price to SBCollinsInk.

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Settlement 

The customer waives his right to settle any debt to SBCollinsInk with any claim on SBCollinsInk.

Insurance

The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:

goods delivered that are necessary for the execution of the underlying agreement

goods being property of SBCollinsInk that are present at the premises of the customer

goods that have been delivered under retention of title 

At the first request of SBCollinsInk, the customer provides the policy for these insurances for inspection. 

Guarantee

When parties have entered into an agreement with services included, these services only contain best-effort obligations for SBCollinsInk, not obligations of results.

Performance of the agreement

SBCollinsInk executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

SBCollinsInk has the right to have the agreed services (partially) performed by third parties.

The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.

It is the responsibility of the customer that SBCollinsInk can start the implementation of the agreement on time.

If the customer has not ensured that SBCollinsInk can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.

Duty to inform by the customer 

The customer shall make available to SBCollinsInk all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.

The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.

If and insofar as the customer requests this, SBCollinsInk will return the relevant documents.

If the customer does not timely and properly provides the information, data or documents reasonably required by SBCollinsInk and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.

Intellectual property 

SBCollinsInk retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, scale models, etc., unless parties have agreed otherwise in writing.

The customer may not copy or have copied the intellectual property rights without prior written permission from SBCollinsInk, nor show them to third parties and / or make them available or use them in any other way.

Confidentiality

The client keeps any information he receives (in whatever form) from SBCollinsInk confidential.

The same applies to all other information concerning SBCollinsInk of which he knows or can reasonably suspect that it is secret or confidential, or of which it can expect that its disclosure may cause damage to SBCollinsInk.

The customer takes all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2 secret.

The obligation of secrecy described in this article does not apply to information:

which was already made public before the customer heard this information or which later became public without being the result of a violation of the customer’s duty to confidentiality

which is made public by the customer due to a legal obligation

The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after the end thereof. 

Penalties 

If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of SBCollinsInk an immediately due and payable fine of € 1.000 if the customer is a consumer and € 5.000 if the customer is a company, for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues.

No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.

The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of SBCollinsInk including its right to claim compensation in addition to the fine.

Indemnity

The customer indemnifies SBCollinsInk against all third-party claims that are related to the products and/or services supplied by SBCollinsInk.

Complaints

The customer must examine a product or service provided by SBCollinsInk as soon as possible for possible shortcomings.

If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform SBCollinsInk of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.

Consumers must inform SBCollinsInk of this within two months after detection of the shortcomings.

The customer gives a detailed description as possible of the shortcomings, so that SBCollinsInk is able to respond adequately.

The customer must demonstrate that the complaint relates to an agreement between the parties.

If a complaint relates to ongoing work, this can in any case not lead to SBCollinsInk being forced to perform other work than has been agreed. 

Giving notice

The customer must provide any notice of default to SBCollinsInk in writing.

It is the responsibility of the customer that a notice of default actually reaches SBCollinsInk (in time).

Joint and several Client liabilities

If SBCollinsInk enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to SBCollinsInk under that agreement.

Liability of SBCollinsInk

SBCollinsInk is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence. 

If SBCollinsInk is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.

SBCollinsInk is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.

If SBCollinsInk is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.

All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Every right of the customer to compensation from SBCollinsInk shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.

Dissolution

The customer has the right to dissolve the agreement if SBCollinsInk imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.

If the fulfillment of the obligations by SBCollinsInk is not permanent or temporarily impossible, dissolution can only take place after SBCollinsInk is in default.

SBCollinsInk has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give SBCollinsInk good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force majeure

In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of SBCollinsInk in the fulfillment of any obligation to the customer cannot be attributed to SBCollinsInk in any situation independent of the will of SBCollinsInk, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from SBCollinsInk .

The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.

If a situation of force majeure arises as a result of which SBCollinsInk cannot fulfill one or more obligations towards the customer, these obligations will be suspended until SBCollinsInk can comply with it.

From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.

SBCollinsInk does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement 

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

Changes in the general terms and conditions

SBCollinsInk is entitled to amend or supplement these general terms and conditions.

Changes of minor importance can be made at any time.

Major changes in content will be discussed by SBCollinsInk with the customer in advance as much as possible.

Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

The customer cannot transfer its rights deferring from an agreement with SBCollinsInk to third parties without the prior written consent of SBCollinsInk.

This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

Consequences of nullity or annullability

If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.

A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what SBCollinsInk had in mind when drafting the conditions on that issue.

Applicable law and competent court

Dutch law is exclusively applicable to all agreements between the parties.

The Dutch court in the district where SBCollinsInk is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Drawn up on 10 oktober 2022.