PaperCenter / DECAdry

Article 1. Applicability of these terms and conditions

1. These terms and conditions apply to every offer and every agreement between Papercenter, to be called the contractor, and a client, insofar as the parties have not explicitly deviated from these terms and conditions in writing. Application of general terms and conditions invoked by the client is expressly rejected.

2. By placing an order with Papercenter, you agree to these terms and conditions.

Article 2. Offers/agreements

1. All offers from Papercenter are without obligation. Papercenter reserves the right to change the prices, in particular when this is necessary on the basis of legal regulations (see also article 3.6).

2. An agreement is only concluded when Papercenter has accepted your order. Papercenter reserves the right to refuse orders or to attach special conditions to the delivery, provided that Papercenter motivates. If your order is not accepted, you will be notified within 14 working days.

Article 3. Price and payment

1. The prices stated are in euros, including VAT and excluding shipping costs, unless otherwise stated or otherwise agreed in writing.

2. For orders with a delivery address in the Netherlands, the amount due (without discount or settlement) must be paid within fourteen days of the invoice date. For orders with a delivery address outside the Netherlands, a payment term of 21 days after the invoice date applies, unless otherwise agreed in writing.

3. Payment must be made at all times by transfer of the total amount due stated on the invoice to the account number as stated on the invoice. In the case of payment by bank or giro, the date of payment is the date of crediting papercenter’s bank account. Payment by the client must be made without deduction, discount or set-off within the payment term.

4. If the payment term is exceeded, the client is in default by operation of law and, without notice of default being required, from that day on the amount due, he owes the statutory interest as laid down in Articles 6:119 and 6:119a of the Dutch Civil Code. If Papercenter outsources the claim for collection, the client also owes the collection costs.

5. If the client does not pay (in full) on time, Papercenter has the right to suspend or cancel the order in question and any related orders.

6. If the prices of the offered items increase in the period between the time of ordering and the moment of delivery by Papercenter, the client has the right to cancel the order within ten days after notification of the price increase by Papercenter.

Article 4. Delivery

1. The stated delivery times of the items are indicative. The Client will receive the ordered items, if in stock, as soon as possible, but no later than within 5 working days, unless otherwise indicated by Papercenter. In the latter case, Papercenter will inform the client about this in good time. Until the moment of delivery, the client then has the right to cancel the order. For delivery outside the Netherlands, other delivery times may apply. Exceeding the delivery period by Papercenter never entitles the client to compensation.

2. Delivery takes place at the moment that the items are offered at the delivered delivery address.

Article 5. Advertisements

1. Complaints regarding an invoice must, under penalty of forfeiture, be made in writing within 8 days of the invoice date.

2. Complaints with regard to delivered items must, under penalty of forfeiture, be made in writing and within 5 working days after receipt of the articles.

3. Complaints as referred to in Articles 5.1 and 5.2 do not suspend the client’s payment obligations.

4. If an article does not comply with the agreement, Papercenter reserves the right to either replace the article with a new article upon return, or to refund the price plus the shipping costs paid for it.

5. If the client does not want an article for whatever reason, he has the right to return the article to Papercenter within 7 working days after delivery and to dissolve the agreement. In this case, returns will only be accepted if the packaging of the item is undamaged. If the client has already paid for the article in question, the amount will be refunded by Papercenter within 30 days at the latest. The costs of return are for the account of the client.

Article 6. Retention

1. The ownership of the delivered items will only pass to the client if the client has paid the amount due. The risk with regard to the articles is already transferred to the client at the time of delivery.

Article 7. Orders/communication

1. Papercenter is not liable for intended intended, damaged, delayed or improper arrival of orders and communications as a result of the use of the internet or other means of communication between the client and Papercenter, or between Papercenter and third parties, unless there is intent or gross negligence on the part of Papercenter.

2. Papercenter may use third parties in the execution of orders.

3. Without prejudice to the other rights to which Papercenter is entitled, Papercenter has the right in the event of force majeure to suspend the execution of the client’s order, or to dissolve the agreement without judicial intervention by making this known to the client in writing.

Article 8. Warranty conditions

1. The Contractor guarantees that each article delivered by it meets the normal requirements of soundness and usability. For the delivered products, a guarantee applies as determined by the manufacturers on the delivered products.

2. There is no guarantee if the damage is due to the fault of the client.

3. The warranty period starts at the moment that the product has been delivered by the contractor to the client.

Article 9. Liability

1. The liability for the damage to be suffered by the client is limited in the manner described in this article.

2. The total liability of the contractor due to attributable shortcoming in the performance of the agreement or an unlawful act, committed by the contractor in the execution of the agreement, is limited to compensation of the direct damage up to a maximum of the amount of the price stipulated for that agreement excluding turnover tax.

3. The Contractor is not liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business stagnation.

Article 10. Dispute resolution

1. Any dispute between the client and the contractor will, in case the court has jurisdiction, be settled by the court in Groningen. However, the Contractor remains entitled to summon the Client before the competent court according to the law or the applicable treaty.

Article 11. Applicable law

1. Dutch law applies to every agreement between the contractor and the client.

Article 12. Modification of the terms and conditions

1. The Contractor is entitled to make changes to these terms and conditions. These amendments shall enter into force at the announced date of entry into force. The Contractor will send the amended terms and conditions to the Client in a timely manner. If no time of entry into force has been communicated, changes will enter into force vis-à-vis the client as soon as the change has been communicated to him.