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Terms and conditions

Article 1

Definitions

  • Customer: a natural person of 18 years of age or older or a legal entity with whom NoBoringSuitcases.com has entered into an agreement for the delivery of its product, or to whom NoBoringSuitcases.com has made an offer to deliver such a product.
  • Product:
  1. as a result of an individual, personal, and specified order made by the customer, a reproduction of an image from the image archive of NoBoringSuitcases.com or a customer image manufactured by NoBoringSuitcases.com:
    - on textile fabric, stretched on a wooden frame of stretcher bars without a frame; and/or
    - on any other tangible goods offered by NoBoringSuitcases.com.
  • Image archive: all images, whether or not displayed on the website of NoBoringSuitcases.com, for which NoBoringSuitcases.com holds the (non-)exclusive rights.
  • NoBoringSuitcases.com: Dolle Bull B.V., located in Kollum, the user of these general terms and conditions registered in the Chamber of Commerce under number 55410065.
  • Conditions: these general terms and conditions.
  • Website: the website of NoBoringSuitcases.com, namely www.NoBoringSuitcases.com.
  • Customer image: an analogue or digital image provided by the customer (electronically).
  • Material: information carriers and/or physical documents with which the customer provides the customer image to CanvasCompany.
  • Photo product: a reproduction of an image from the image archive of NoBoringSuitcases or a customer image manufactured by NoBoringSuitcases.com.


Article 2

Applicability of these general terms and conditions

2.1. These general terms and conditions apply to all agreements concluded between NoBoringSuitcases.com and a customer, as well as to all offers made by NoBoringSuitcases.com to a customer to enter into such an agreement.

2.2. NoBoringSuitcases.com explicitly rejects any reference to other general (purchase) conditions than those herein, regardless of their name.


Article 3

The agreement

3.1. The agreement is concluded after the customer has placed an order by filling out and submitting the designated order form on the website, and NoBoringSuitcases.com has accepted this order.

3.2. Final acceptance of the order can only take place after NoBoringSuitcases.com has been able to assess the (nature and condition of the) customer image to be reproduced in connection with the order made by the customer. NoBoringSuitcases.com aims to inform the customer of the acceptance of the order, or to inform that the order is not accepted, electronically within eight days from the day of receiving the order. Failure to respond to an order within the specified period does not lead to tacit acceptance of the order.

3.3. If NoBoringSuitcases.com does not accept the order, it will delete the customer image provided by the customer electronically. Any information carriers and/or physical documents, including photos, will be destroyed by NoBoringSuitcases.com unless the customer wishes to receive these goods returned. Return shipment will only take place at the customer's expense. Shipping costs must be paid by the customer upon request from NoBoringSuitcases.com before shipment by NoBoringSuitcases.com.

3.4. The rights under an agreement are not transferable by the customer to third parties.

3.6. If the customer cancels an order after the conclusion of the agreement, he is obliged to fulfill his payment obligation, except in the case mentioned in article 8 of these general terms and conditions.

3.7. NoBoringSuitcases.com guarantees that the product complies with the agreement and the legal provisions and/or government regulations existing at the time of conclusion of the agreement. NoBoringSuitcases.com strives for the best quality concerning its products but cannot guarantee that a product always meets the customer's expectations regarding the quality or other characteristics of the product.


Article 4

Prices

4.1. The prices applied by NoBoringSuitcases.com are stated on the website and include VAT and any other rights and costs, whether or not imposed by the government, on the sale or shipment of the product. The customer's order is deemed to imply the customer's agreement with the price applicable for the product at the time of sending the order. If the customer desires a special effect and/or a modification deviating from the standard processing, this will result in an additional charge. This will be indicated by NoBoringSuitcases.com in the order confirmation. The agreement is only concluded in such a case after the customer has accepted the total price stated in the order confirmation in writing or electronically.

4.2. If the prices are changed by NoBoringSuitcases.com before it is able to assess the customer image provided by the customer, acceptance of an order is deemed to be based on the new price. The customer must confirm to NoBoringSuitcases.com within five days after receiving the acceptance sent by NoBoringSuitcases.com whether he wishes to maintain the order based on the amended price. Without this confirmation, no agreement is concluded between NoBoringSuitcases.com and the customer.

4.3. In the case of an intra-community delivery to a VAT-liable business in the European Union for which NoBoringSuitcases.com does not charge VAT, NoBoringSuitcases.com will include the customer's VAT number on the invoice. If NoBoringSuitcases.com is not aware of the VAT number and it is not provided upon request by NoBoringSuitcases.com, NoBoringSuitcases.com must charge VAT.

The customer indemnifies NoBoringSuitcases.com against all potential damages and/or other disadvantages suffered by NoBoringSuitcases.com if it appears that the customer is not registered as VAT-liable in the country of establishment, or for other reasons unknown to NoBoringSuitcases.com, NoBoringSuitcases.com has invoiced VAT incorrectly upon the customer's request.

4.4. Discounts are never valid in combination. In the case of combined discounts, the highest discount percentage applies.

Article 5

Payment

5.1. NoBoringSuitcases.com has outsourced payment processing to MultiSafepay B.V. (www.multisafepay.com). Payment must be made by either prepayment (e.g., Visa, MasterCard, etc.) or payment afterwards via Klarna (www.klarna.com/uk).

5.2. In case of payment afterwards via Klarna, the customer must adhere to the payment term specified in the invoice or digital giro. If no payment term is specified on the invoice or giro, a payment term of up to fourteen (14) days applies.

5.3. In case of payment afterwards, the product delivered by NoBoringSuitcases.com remains the property of NoBoringSuitcases.com until the full purchase price has been paid by the customer.

Article 6

Delivery

6.1. The place of delivery is the delivery address provided by the customer to NoBoringSuitcases.com.

6.2. The customer guarantees that the address provided by him/her is correct and that this address is accessible for normal postal or courier delivery via a properly paved road.


Article 7

Delivery Time

7.1. The standard delivery time of a product is as stated on the website. This is to be calculated from the date of receipt of the order, or from the day of receipt by NoBoringSuitcases.com of the payment by the customer of the agreed price including VAT and additional costs. The determining factor for the start of the delivery time is the later of the two aforementioned times.

7.2. If payment by invoice is expressly agreed upon, the delivery time begins on the day following the dispatch of the confirmation of acceptance of the order by NoBoringSuitcases.com.

7.3. The delivery time mentioned in paragraph 1 is not a strict deadline. If NoBoringSuitcases.com fails to deliver within this delivery time, NoBoringSuitcases.com is only in default after the customer has notified NoBoringSuitcases.com in writing or electronically of the default and has set a final deadline for performance of at least fourteen days, and performance by NoBoringSuitcases.com has not occurred within this period.

Article 8

Default/Liability

8.1. There is no right of withdrawal for the photo products of NoBoringSuitcases because they are manufactured according to the customer's specifications. Each photo product consists of a combination of individual choices such as: image, size, material on which the image is printed, and optionally the finishing of the material.

If there is a failure to fulfill on the part of NoBoringSuitcases.com - other than a failure regarding the delivery time - which failure is entirely attributable to it, NoBoringSuitcases.com is only in default after the customer has notified NoBoringSuitcases.com in writing or electronically of the default and has set a final deadline for performance of at least fourteen days, and performance by NoBoringSuitcases.com has not occurred within this period.

Such a failure does not include, in any case, the poor quality of a product due to the poor quality of the customer-provided customer image or due to the specifications of the customer.

If NoBoringSuitcases.com defaults on the performance of the agreement, the customer has the right to terminate the agreement. In case of termination, NoBoringSuitcases.com will immediately refund any advance payment made by the customer (this is the "money-back guarantee").

In all other cases, NoBoringSuitcases.com may decide to provide the customer with a voucher out of goodwill, but is not obliged to do so. NoBoringSuitcases.com is entitled to impose further conditions on the voucher.

In all cases, the customer must return the product already delivered to the customer to NoBoringSuitcases.com at the customer's own expense and risk.

8.2. In case NoBoringSuitcases.com defaults on the performance of the agreement and the customer does not terminate the agreement on that ground but demands performance, NoBoringSuitcases.com has the right to replace any defective product already delivered, or to provide the customer with a voucher worth the value of the product already delivered, or to choose to refund the purchase price. In the latter case, the agreement is deemed to have been terminated. In all cases, the customer must return the product already delivered to the customer to NoBoringSuitcases.com at the customer's own expense and risk.

8.3. In both cases of a claim for performance and in case of termination of the agreement (or in case of NoBoringSuitcases.com's choice to refund the purchase price in accordance with paragraph 1), NoBoringSuitcases.com is only liable for the damage suffered by the customer due to the failure to perform the agreement if the cause of the failure on the part of NoBoringSuitcases.com can be attributed to intent or gross negligence of NoBoringSuitcases.com. Furthermore, the liability of NoBoringSuitcases.com is limited per order to the highest net invoice amount (invoice amount excluding VAT). In case of an order consisting of multiple separate components, the liability of NoBoringSuitcases.com is limited to that part of the net invoice amount corresponding to the part of the order in respect of which NoBoringSuitcases.com has defaulted.

8.4. The customer must check the delivered product for defects immediately after delivery. Any defects in the delivered product must be reported by the customer to NoBoringSuitcases.com in writing or electronically as soon as possible after delivery, but no later than three working days after delivery. After this period, the delivered product is deemed to comply with the agreement concluded between NoBoringSuitcases.com and the customer.

8.5. In case of payment by invoice, unless objected to within three working days of receipt of the invoice, the customer is deemed to have accepted the invoice as correct and payable.


Article 9

Customer-provided image and materials

9.1. The customer provides the customer image and materials to NoBoringSuitcases.com at their own risk.

NoBoringSuitcases.com will handle the provided customer image and/or materials with the care reasonably expected of NoBoringSuitcases.com. In the event of unforeseen loss or damage to the customer image and/or materials, NoBoringSuitcases.com is not liable for any damage suffered by the customer, except in cases of intent or gross negligence on the part of NoBoringSuitcases.com, and except to the extent that NoBoringSuitcases.com is entitled to receive insurance proceeds under an insurance policy taken out by NoBoringSuitcases.com. In this latter case, the extent of NoBoringSuitcases.com's liability is limited to the amount paid out by the insurer under the insurance policy. NoBoringSuitcases.com is under no obligation to take out such insurance unless expressly agreed upon with the customer.

9.2. If reasonably possible, the customer should keep a copy or backup of the customer image and/or materials before providing them to NoBoringSuitcases.com.

9.3. The customer is responsible for the nature and quality of the customer-provided image and materials. NoBoringSuitcases.com is not liable for damage to the provided customer image and/or materials if this damage arises because NoBoringSuitcases.com relied on incorrect and/or incomplete information provided by the customer regarding the nature, content, composition, and/or size of the customer image and/or materials.

9.4. NoBoringSuitcases.com will report to the police in all cases where the customer provides a pornographic customer image involving a minor.


Article 10

Industrial or Intellectual Property Rights

10.1. The industrial or intellectual property rights of the products or images from the image archive are owned by NoBoringSuitcases.com or its licensors.

The customer ensures that the customer image, the use of the customer image by NoBoringSuitcases.com to process the order, or the use of the product with the customer image by the customer, does not infringe on the intellectual property rights (including copyright and portrait rights) of third parties.

10.2. With regard to customer images, upon acceptance of an order, NoBoringSuitcases.com accepts no liability for infringement of any intellectual property rights of third parties. In the event that NoBoringSuitcases.com is held liable by third parties for infringement of any intellectual property rights, the customer indemnifies NoBoringSuitcases.com for all damages suffered by NoBoringSuitcases.com as a result thereof, including any claims brought against NoBoringSuitcases.com by third parties and including the costs incurred by NoBoringSuitcases.com.

Article 11

Applicable Law and Jurisdiction

11.1. Dutch law applies to all our offers and agreements concluded with the customer. The application of the United Nations Convention on Contracts for the International Sale of Goods of June 19, 1980 (CISG) is expressly excluded.

11.2. Disputes arising from agreements concluded with the customer, as well as disputes concerning the interpretation of these general terms and conditions, shall be brought before the competent court in Leeuwarden by both parties, to the exclusion of the jurisdiction of any other court competent under law or treaty.