General Terms and Conditions Ultrastickershop

Ultrastickershop (hereinafter: Ultrastickershop) is registered with the Chamber of Commerce under number 91417279.

 

Article 1 - Definitions

  1. In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise:
  2. Offer : Any written offer to Buyer for the delivery of Products by Seller to which these terms and conditions are inseparably linked.
  3. Consumer : The natural person who is not acting in the exercise of a profession or business.
  4. User: The natural person who actually uses a gift card.
  5. Buyer : the Consumer who enters into a (remote) Agreement with the Seller.
  6. Agreement : The (remote) purchase agreement for the sale and delivery of Products purchased by the Buyer from Ultrastickershop.
  7. Products : The Products offered by Ultrastickershop are clothing, accessories, posters, stickers, printed products.
  8. Balance: the balance of the remaining credit.
  9. Credit: the monetary value linked to (the unique code of) Ultrastickershop and stored in the central account administration of Ultrastickershop, with which the User can purchase items at the expense of the Balance stored in the central account administration.
  10. Seller : The supplier of Products to Buyer, hereinafter: Ultrastickershop.

 

Article 2 - Applicability

  1. These general terms and conditions apply to every Offer from Ultrastickershop and every Agreement between Ultrastickershop and a Buyer and to every Product offered by Ultrastickershop.
  2. Before an Agreement (at a distance) is concluded, the Buyer will be provided with these general terms and conditions. If this is not reasonably possible, Ultrastickershop will indicate to the Buyer in what way the Buyer can view the general terms and conditions, which are in any case published on the website of Ultrastickershop, so that the Buyer can easily save these general terms and conditions on a durable data carrier.
  3. In exceptional situations, these general terms and conditions may be deviated from if this has been explicitly agreed in writing with Ultrastickershop.
  4. These general terms and conditions also apply to additional, amended and follow-up agreements with Buyer. Any general and/or purchasing conditions of Buyer are expressly rejected.
  5. If one or more provisions of these general terms and conditions are partially or completely null and void or are annulled, the other provisions of these general terms and conditions will remain in force and the null and void/annulled provision(s) will be replaced by a provision with the same purport as the original provision.
  6. Any ambiguities regarding the content, explanation or situations not covered by these general terms and conditions should be assessed and interpreted in accordance with the spirit of these general terms and conditions.
  7. Where these terms and conditions refer to she/her, this shall also be construed as a reference to he/him/his, if and to the extent applicable.

 

Article 3 - The Offer

  1. All offers made by Ultrastickershop are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the offer. An Offer only exists if it has been recorded in writing.
  2. Ultrastickershop is only bound to the Offer if the acceptance thereof is confirmed in writing by Buyer within 30 days, Buyer has placed an order or because Buyer has already paid the amount due. Nevertheless, Ultrastickershop has the right to refuse an Agreement with a potential Buyer for a reason that Ultrastickershop has a valid reason for.
  3. The Offer contains an accurate description of the offered Product with associated prices. The description is detailed enough for the Buyer to be able to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind Ultrastickershop. Any images and specific data in the Offer are merely an indication and cannot be grounds for any compensation or termination of the Agreement (remote). Ultrastickershop cannot guarantee that the colours in the image exactly match the real colours of the Product.
  4. Delivery times and terms stated in the Ultrastickershop Offer are indicative and do not entitle the Buyer to cancellation or compensation if they are exceeded, unless expressly agreed otherwise.
  5. A composite quotation does not oblige Ultrastickershop to deliver part of the items included in the offer or Offer for part of the stated price.
  6. If and to the extent that there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last, and according to the 'as-is-as-sold' principle.

 

Article 4 - Formation of the Agreement

  1. The Agreement is concluded at the moment that Buyer has accepted an Offer from Ultrastickershop by placing an order or paying for the relevant Product.
  2. An Offer can be made by Ultrastickershop via the website.
  3. If Buyer has accepted the Offer by concluding an Agreement with Ultrastickershop, Ultrastickershop will confirm the Agreement with Buyer in writing, or at least by e-mail.
  4. If the acceptance (on minor points) deviates from the Offer, Ultrastickershop is not bound by it.
  5. Ultrastickershop is not bound by an Offer if Buyer could reasonably have expected or should have understood or should have understood that the Offer contained an obvious mistake or typo. Buyer cannot derive any rights from this mistake or typo.
  6. Buyer being a Consumer has the right to exercise her right of withdrawal within the statutory period of 14 days. If withdrawal applies, Buyer will handle the Product and packaging with care. She will only unpack or use the Product to the extent necessary to determine the nature, characteristics and functioning of the Product. The direct costs for returning the Product are for the account of Buyer.
  7. In the case of gift cards or custom work, the right of withdrawal for the Buyer being a Consumer is excluded when purchasing gift cards, if the Buyer being a Consumer expressly waives this right.
  8. Products that cannot be returned after opening the seal due to a limited shelf life after breaking the seal, customization and/or hygienic reasons, are excluded from the right of withdrawal. This is explicitly stated in the Offer.

 

Article 5 - Execution of the Agreement

  1. Ultrastickershop will execute the Agreement to the best of its knowledge and ability.
  2. If and to the extent that proper performance of the Agreement so requires, Ultrastickershop has the right to have certain work carried out by third parties at its own discretion.
  3. Buyer shall ensure that all data that Ultrastickershop indicates is necessary or that Buyer reasonably should understand is necessary for the performance of the Agreement, are provided to Ultrastickershop in a timely manner. If the data required for the performance of the Agreement are not provided to Ultrastickershop in a timely manner, Ultrastickershop shall have the right to suspend the performance of the Agreement.
  4. In the performance of the Agreement, Ultrastickershop is not obliged or required to follow the instructions of the Buyer if this changes the content or scope of the Agreement. If the instructions result in additional work for Ultrastickershop, the Buyer is obliged to reimburse the additional or additional costs accordingly.
  5. Before proceeding with the execution of the Agreement, Ultrastickershop may request security from the Buyer or full advance payment.
  6. Ultrastickershop is not liable for damage of any nature whatsoever that has arisen because Ultrastickershop has assumed incorrect and/or incomplete information provided by the Buyer, unless this incorrectness or incompleteness was known to Ultrastickershop.
  7. Buyer shall indemnify Ultrastickershop against any claims by third parties who suffer damage in connection with the performance of the Agreement and which are attributable to Buyer.
  8. Buyer can use discount coupons when purchasing a Product.

 

Article 6 - Gift cards

  1. The gift card can only be redeemed in the Ultrastickershop webshop. The product in question must be shown physically or digitally to Ultrastickershop. The User does not have to show proof of payment.
  2. Each gift card is provided with a unique code combination (NUMBER-digit card number and security code). Buyer and/or User must carefully store the gift card and the relevant proof of purchase. In case of theft, loss or unauthorized use by third parties of this code, no compensation or replacement will take place.
  3. The use of the gift card is no longer possible in the following situations:
  1. if the balance has been fully spent at the Ultrastickershop;
  2. if the company of Ultrastickershop has ceased to exist, whether or not as a result of bankruptcy.
  1. The gift card is valid for two years after purchase. This validity period is stated on the back of the card, as well as the reference to these conditions. After this period, any claim to the balance of the gift card expires.
  2. The gift card cannot be exchanged for cash.
  3. No interest is paid on the balance available on the gift card.
  4. The Buyer or User is not permitted to use the gift card as a means of payment for the following purposes:
  • Use for commercial purposes;
  • Use fraudulently or in a manner that would constitute a criminal offence (e.g. money laundering);
  • Use in a manner that violates applicable law, infringes licenses, these Terms and Conditions or otherwise violates the rights of third parties;
  • (Attempted) resale of the Service or any part thereof to any third party or attempted commercial exploitation of the Service in any way whatsoever;
  • Use for unauthorized manipulations (hacker attacks), modifications or limitations of the security or functionality of the Service or of this or other websites;
  • Use for lottery, betting or gambling services that do not have all the necessary licenses and permits to offer lottery, betting or gambling services in the legal systems applicable to you.

 

Article 7 - Printing Products

  1. Ultrastickershop supplies the products with the properties that the Buyer may expect under the Agreement with normal use.
  2. Obvious typing, typesetting and printing errors which could unintentionally communicate an incorrect sales price are reserved.
  3. The colours in the images on the website and in the prints may differ due to differences in screen type, screen settings and screen quality.
  4. Ultrastickershop will make every effort to ensure that the printing on the Products matches reality as closely as possible, nevertheless the colour, position and size of the actual printing on a garment may differ from what is shown on the website. Small deviations can never be grounds for rejecting the delivered Product.
  5. It is almost impossible to make the background color of the image the same as the color of the Product on which it is printed, in order to hide the background. It is namely not possible to determine the exact color from a screen and then assume that the printer and/or machine prints exactly the same color. If this occurs, Ultrastickershop cannot guarantee any result and Buyer is obliged to accept the result.
  6. The Buyer will not provide any images and/or visual content that are in conflict with Dutch law. In addition, the Buyer guarantees that no third-party rights rest on the images and/or visual content provided. Any infringements of copyright or intellectual property rights will in that case be fully borne by the Buyer.
  7. The images and/or texts supplied by the Buyer are automatically processed by Ultrastickershop. This may result in any errors not being corrected. The Buyer is responsible for this when personalizing the Products.
  8. The dimensions shown on the website are an indication and not binding. The dimensions and measurements can differ per brand and within a brand per article and differ from each other.
  9. Ultrastickershop may adjust the design of the order if this is necessary for the execution of the Agreement. An example of this is changing the format of texts and images and making a text thicker to make it more visible.
  10. If Ultrastickershop believes that the content of the Agreement is inappropriate, Ultrastickershop may refuse it. It is up to Ultrastickershop to determine whether something is inappropriate.

 

Article 8 - Advice

  1. Ultrastickershop can, if ordered to do so, provide advice and make a design of the requested Product. This advice will relate to the manufacturability of the Product. The content thereof is not binding and is only advisory in nature, but Ultrastickershop will observe its duties of care. The Client decides for itself and on its own responsibility whether it will follow the advice and continue with the execution of the Agreement.
  2. The advice provided by Ultrastickershop, in whatever form, can never be regarded as binding advice.
  3. Client is obliged to assess proposals provided by Ultrastickershop at the first request of Ultrastickershop. If Ultrastickershop is delayed in its work because Client does not or does not timely assess a proposal made by Ultrastickershop, Client is at all times responsible for the consequences thereof, such as delay.
  4. The nature of the service means that the result is always dependent on external factors, such as the quality of the product to be printed and the printer.
  5. The Client shall notify Ultrastickershop in writing prior to commencement of the work of all circumstances that are or may be of importance, including any points and priorities to which the Client wishes to draw attention.

 

Article 9 - Delivery

  1. If the commencement, progress or (delivery) of the Agreement is delayed because, for example, the Buyer has not provided all requested information or has not provided it in a timely manner, has not provided sufficient cooperation, the (down) payment has not been received by Ultrastickershop in a timely manner or if any delay occurs due to other circumstances beyond the control of Ultrastickershop, Ultrastickershop is entitled to a reasonable extension of the (delivery) period. All agreed (delivery) periods are never fatal periods. The Buyer must give Ultrastickershop written notice of default and grant it a reasonable period to still be able to (deliver). The Buyer is not entitled to any compensation for damages due to the delay that has occurred.
  2. In case of gift cards, Buyer will receive a link after payment of the gift card with which he will gain access to the product. Any errors in the specified email address are at the expense and risk of Buyer.
  3. The gift card can be downloaded via a link by e-mail and saved on a durable data carrier of the Buyer. When opening this link, a password will be requested. The Buyer must be aware that this link can only be used five times. Once the Buyer has saved the file on a data carrier, he can open the file indefinitely.
  4. The Buyer is obliged to take delivery of the physical goods at the time they are made available to the Buyer in accordance with the Agreement, even if they are offered to the Buyer later than agreed.
  5. If the Buyer refuses to accept delivery or fails to provide information or instructions necessary for delivery, Ultrastickershop is entitled to store the items at the expense and risk of the Buyer.
  6. If the Products are delivered by Ultrastickershop or an external carrier, Ultrastickershop is entitled to charge any delivery costs, unless otherwise agreed in writing. These will then be invoiced separately, unless expressly agreed otherwise.
  7. If Ultrastickershop requires data from the Buyer in the context of the execution of the Agreement, the delivery time will only commence after the Buyer has made all data necessary for the execution available to Ultrastickershop.
  8. If Ultrastickershop has given a delivery term, this is indicative. Longer delivery terms apply for deliveries outside the Netherlands.
  9. Ultrastickershop is entitled to deliver the goods in parts, unless this has been deviated from in the Agreement or the partial delivery has no independent value. Ultrastickershop is entitled to invoice the goods thus delivered separately.
  10. Deliveries will only be made if all invoices have been paid unless expressly agreed otherwise. Ultrastickershop reserves the right to refuse delivery if there is a reasonable fear of non-payment.

 

Article 10 - Packaging and transport of products

  1. Ultrastickershop undertakes to the Buyer to properly package the items to be delivered and to secure them in such a way that they reach their destination in good condition under normal use.
  2. Unless otherwise agreed in writing, all deliveries are inclusive of sales tax (VAT), including packaging and packaging materials.
  3. Acceptance of goods without any comments or remarks on the consignment note or receipt shall be deemed proof that the packaging was in good condition at the time of delivery.

 

Article 11 - Research, complaints Products

  1. Buyer is obliged to examine the delivered goods at the time of delivery, but in any case within 14 days after receipt of the delivered goods, but only to unpack or use them to the extent necessary to be able to assess whether they retain the Product. In doing so, Buyer must examine whether the quality and quantity of the delivered goods correspond to the Agreement and whether the Products meet the requirements that apply to them in normal (commercial) transactions.
  2. Buyer is obliged to investigate and inform himself how the Product should be used and in case of personal use, to test the Product in accordance with the instructions for use. Ultrastickershop accepts no liability for incorrect use of the Product by Buyer.
  3. Any visible defects or shortages must be reported to Ultrastickershop in writing after delivery at «CompanyEmail» and/or via the return form. The Buyer has a period of 14 days after delivery to do so. Non-visible defects or shortages must be reported within 14 days after discovery, but no later than 6 months after delivery. In the event of damage to the Product due to careless handling by the Buyer, the Buyer is liable for any reduction in value of the Product.
  4. If a complaint is made in a timely manner in accordance with the previous paragraph, the Buyer remains obliged to pay for the purchased items. If the Buyer wishes to return defective items, this will only be done with the prior written consent of Ultrastickershop in the manner indicated by Ultrastickershop.
  5. If the Consumer exercises his right of withdrawal, he will return the Product and all accessories, to the extent reasonably possible, in original condition and packaging to Ultrastickershop, in accordance with the return instructions of Ultrastickershop. The direct costs for return shipments are for the account and risk of the Buyer.
  6. Ultrastickershop is entitled to initiate an investigation into the authenticity and condition of the returned Products before a refund will be made.
  7. Refunds to Buyer will be processed as soon as possible, but payment may take up to 30 days after receipt of return shipment. Refunds will be made to the previously provided account number.
  8. If the Buyer exercises its right to complain, it shall not be entitled to suspend its payment obligation nor to offset outstanding invoices.
  9. In the absence of a complete delivery, and/or if one or more Products are missing, and this is attributable to Ultrastickershop, Ultrastickershop will, after a request to do so by the Buyer, send the missing Product(s) or cancel the remaining order. The confirmation of receipt of the Products is leading in this. Any damage suffered by the Buyer as a result of the (deviating) size of the delivery cannot be recovered from Ultrastickershop.

 

Article 12 - Prices

  1. During the period of validity of the Offer, the prices of the Products offered will not be increased, except in the event of changes in VAT rates.
  2. The prices stated in the Offer are inclusive of VAT, unless expressly stated otherwise.
  3. The prices stated in the Offer are based on the cost factors applicable at the time the Agreement is concluded, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes.
  4. In the case of Products or raw materials for which there are price fluctuations on the financial market and over which Ultrastickershop has no influence, Ultrastickershop can offer these Products with variable prices. The Offer states that the prices are target prices and may fluctuate.

 

Article 13 - Payment and collection policy

  1. Payment can be made in advance or in arrears in the currency invoiced using the method specified.
  2. The buyer cannot derive any rights or expectations from a previously issued estimate, unless the parties have expressly agreed otherwise.
  3. Buyer must pay in one go to the account number and details of Ultrastickershop made known to her. Parties can only agree on a different payment term after explicit and written permission from Ultrastickershop.
  4. If a periodic payment obligation of the Buyer has been agreed, Ultrastickershop is entitled to adjust the applicable prices and rates in writing, taking into account a period of 3 months.
  5. In the event of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, Ultrastickershop's claims on the Buyer shall be immediately due and payable.
  6. Ultrastickershop has the right to apply the payments made by the Buyer first to reduce the costs, then to reduce the accrued interest and finally to reduce the principal and the current interest. Ultrastickershop can, without being in default, refuse an offer of payment if the Buyer indicates a different order for the allocation. Ultrastickershop can refuse full repayment of the principal if the accrued and current interest as well as the costs are not also paid.
  7. If the Buyer fails to meet its payment obligation and has not met its obligation within the payment term of 14 days, the Buyer, being a Consumer, will first receive a written reminder with a term of 14 days after the date of the reminder to still meet the payment obligation, including a statement of the extrajudicial costs if the Consumer does not meet its obligations within that term, before it is in default.
  8. From the date that Buyer is in default, Ultrastickershop will, without further notice of default, claim the statutory (commercial) interest from the first day of default until full payment and compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the scale from the decision on compensation for extrajudicial collection costs of 1 July 2012.
  9. If Ultrastickershop has incurred more or higher costs that are reasonably necessary, these costs will be eligible for compensation. The legal and execution costs incurred are also for the account of the Buyer.

 

Article 14 - Retention of title

  1. All items delivered by Ultrastickershop remain the property of Ultrastickershop until the Buyer has fulfilled all subsequent obligations arising from all Agreements concluded with Ultrastickershop.
  2. The buyer is not authorised to pledge or otherwise encumber the items subject to the retention of title if ownership has not yet been fully transferred.
  3. If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereto, the Buyer is obliged to inform Ultrastickershop thereof as soon as may reasonably be expected.
  4. In the event that Ultrastickershop wishes to exercise its ownership rights as indicated in this article, the Buyer hereby grants unconditional and irrevocable permission and authorization to Ultrastickershop or third parties designated by it to enter all places where Ultrastickershop's property is located and to take back those items.
  5. Ultrastickershop has the right to retain the Product(s) purchased by Buyer if Buyer has not (fully) met his payment obligations, despite an obligation to transfer or surrender by Ultrastickershop. After Buyer has met his obligations, Ultrastickershop will make every effort to deliver the purchased Products to Buyer as soon as possible, but no later than within 20 working days.
  6. Costs and other (consequential) damages resulting from retaining the purchased Products shall be borne by and at the risk of the Buyer and shall be reimbursed to Ultrastickershop by the Buyer upon first request.

 

Article 15 - Warranty

  1. Ultrastickershop guarantees that the Products comply with the Agreement, the specifications stated in the offer, usability and/or soundness and the statutory rules/regulations at the time of the conclusion of the Agreement. This also applies if the items to be delivered are intended for use abroad and the Buyer has expressly notified Ultrastickershop of this use in writing at the time of entering into the Agreement.
  2. Ultrastickershop does not guarantee 100% wash fastness of its printing in case of printed products. The wash fastness always depends on how Buyer handles the Product.
  3. The warranty on the printed Product will lapse if the Buyer does not comply with the washing instructions of the relevant article, also taking into account the additional instructions below:
  1. always wash items inside out;
  2. do not wash items warmer than 30°C;
  3. never iron a print and always iron the items inside out;
  4. bodywarmers, jackets, parkas etc. only clean by hand wash or wool program;
  5. never put printed items in a tumble dryer;
  6. do not use liquid detergent, fabric softener, bleach or stain remover;
  7. Do not wring out items.
  1. This wash fastness guarantee applies to: nylon items (wipe with a damp cloth), all caps, hats, hats and all items that do not have clear washing instructions and/or which are known not to be washed.
  2. There is no warranty if:
  1. wear and tear occurs that can be considered normal;
  2. changes have been made to the Product, including repairs that have not been carried out with the permission of Ultrastickershop.
  3. the proof of purchase cannot be provided, has been altered or made illegible;
  4. defects have occurred as a result of improper use;
  5. damage has occurred due to intent, gross negligence or negligent maintenance.

 

Article 16 - Suspension and termination

  1. Ultrastickershop is authorized to suspend the fulfillment of the obligations or to terminate the Agreement if the Buyer does not or does not fully fulfill the (payment) obligations under the Agreement.
  2. Furthermore, Ultrastickershop is authorized to terminate the Agreement existing between it and the Buyer, insofar as it has not yet been executed, without judicial intervention, if the Buyer does not timely or properly comply with the obligations arising from any Agreement concluded with Ultrastickershop.
  3. Furthermore, Ultrastickershop is authorized to terminate the Agreement without prior notice of default if circumstances arise which are of such a nature that compliance with the Agreement is impossible or can no longer be reasonably expected, or if circumstances otherwise arise which are of such a nature that continued existence of the Agreement in an unaltered form cannot reasonably be expected.
  4. If the Agreement is terminated, Ultrastickershop's claims on Buyer are immediately due and payable. If Ultrastickershop suspends compliance with its obligations, it retains its claims under the law and the Agreement.
  5. Ultrastickershop always reserves the right to claim damages.

 

Article 17 - Limitation of liability

  1. If the performance of the Agreement by Ultrastickershop results in liability of Ultrastickershop towards Buyer or third parties, that liability is limited to the costs charged by Ultrastickershop in connection with the Agreement unless the damage is caused by intent or gross negligence. The liability of Ultrastickershop is in any case limited to the amount of damage that is paid out by the insurance company per event per year.
  2. Ultrastickershop is not liable for consequential damage, indirect damage, loss of profit and/or loss suffered, missed savings and damage resulting from the use of the delivered Products is excluded. For Consumers, a limitation applies in accordance with what is permitted on the basis of article 7:24 section 2 BW.
  3. Ultrastickershop is not liable for and/or obliged to repair damage caused by the use of the Product. Ultrastickershop provides strict maintenance and usage instructions that must be followed by the Buyer. All damage to Products as a result of wearing and using is expressly excluded from liability (this includes traces of use, damage from use, falling damage, light and water damage, theft, loss, etc.).
  4. Ultrastickershop is not liable for damage that is or may be the result of any action or omission based on (incomplete and/or incorrect) information on the website(s) or linked websites.
  5. Ultrastickershop is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for any reason whatsoever.
  6. Ultrastickershop is not responsible for the correct and complete transmission of the contents of and by/on behalf of Ultrastickershop sent e-mail, nor for its timely receipt.
  7. All claims of Buyer due to shortcomings on the part of Ultrastickershop shall lapse if they are not reported in writing and with reasons to Ultrastickershop within one year after Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. All claims of Buyer shall in any case lapse one year after the termination of the Agreement.

 

Article 18 - Force Majeure

  1. Ultrastickershop shall not be liable if it is unable to fulfil its obligations under the Agreement as a result of a force majeure situation, nor can it be held to fulfil any obligation if it is prevented from doing so as a result of a circumstance that is not its fault and for which it is not responsible under the law, legal act or generally accepted views.
  2. Force majeure is in any case understood to mean, but is not limited to what is understood in this regard in law and case law, (i) force majeure of suppliers of Ultrastickershop, (ii) the failure to properly fulfill obligations of suppliers that have been prescribed or recommended to Ultrastickershop by the Buyer, (iii) defectiveness of goods, equipment, software or materials of third parties, (iv) government measures, (v) power failure, (vi) failure of the internet, data network and telecommunications facilities (for example due to: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the company of Ultrastickershop and (xi) other situations that in the opinion of Ultrastickershop fall outside its sphere of influence and that temporarily or permanently prevent the fulfillment of its obligations.
  3. Ultrastickershop has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after Ultrastickershop should have fulfilled its obligation.
  4. Parties may suspend their obligations under the Agreement for the duration of the force majeure. If this period lasts longer than two months, either party shall be entitled to terminate the Agreement without any obligation to pay damages to the other party.
  5. To the extent that Ultrastickershop has already partially fulfilled its obligations under the Agreement at the time of the occurrence of force majeure or will be able to fulfil them, and the part that has been fulfilled or is yet to be fulfilled has an independent value, Ultrastickershop is entitled to invoice the part that has already been fulfilled or is yet to be fulfilled separately. The Buyer is obliged to pay this invoice as if it were a separate Agreement.

 

Article 19 - Transfer of risk

The risk of loss or damage to the Products that are the subject of the Agreement shall pass to Buyer at the time the Products are delivered into Buyer's possession. This is the case if the Products have been delivered to Buyer's delivery address.

 

Article 20 - Intellectual Property Rights

  1. All intellectual property rights and copyrights of Ultrastickershop remain exclusively with Ultrastickershop and are not transferred to Buyer.
  2. Buyer is prohibited from disclosing and/or reproducing, changing or making available to third parties any documents on which Ultrastickershop's intellectual property rights and copyrights rest without the express prior written consent of Ultrastickershop. If Buyer wishes to make changes to items delivered by Ultrastickershop, Ultrastickershop must explicitly agree to the proposed changes.
  3. The Buyer is prohibited from using the Products on which Ultrastickershop's intellectual property rights rest other than as agreed in the Agreement.

 

Article 21 - Privacy, data processing and security

  1. Ultrastickershop handles the (personal) data of Buyer and visitors of the website(s) with care. If requested, Ultrastickershop will inform the person concerned about this.
  2. If Ultrastickershop is required to provide security of information under the Agreement, this security will comply with the agreed specifications and a level of security that is not unreasonable given the state of the art, the sensitivity of the data, and the associated costs.

 

Article 22 - Complaints

  1. If Buyer is not satisfied with the Products of Ultrastickershop and/or has complaints about the (execution of the) Agreement, Buyer is obliged to report these complaints as soon as possible, but no later than 14 calendar days after the relevant reason that led to the complaint. Complaints can be reported via info@ultrastickershop.nl with the subject "Complaint".
  2. The complaint must be sufficiently substantiated and/or explained by the Buyer if Ultrastickershop is to be able to handle the complaint.
  3. Ultrastickershop will respond to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
  4. The parties will attempt to reach a solution together.

 

Article 23 - Applicable law

  1. Dutch law applies to every Agreement between Ultrastickershop and Buyer. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
  2. In case of interpretation of the content and scope of these general terms and conditions, the Dutch text thereof shall always be decisive. Ultrastickershop shall have the right to unilaterally amend these general terms and conditions.
  3. All disputes arising from or in connection with the Agreement between Ultrastickershop and Buyer shall be settled by the competent court in Amsterdam, unless mandatory provisions of law lead to the jurisdiction of another court.

 

Amsterdam, November 21, 2024

 

 

Btw Nummer: NL004889819B20

Kvk nummer :91417279