General terms and conditions

Terms & Conditions PrintPlace BV

Company Data

PrintPlace BV

Leuvensesteenweg 126

1830 Machelen

VAT Number: BE 0648.702.742

Mail: business@printplace.be

Tel. 0032.477.47.25.28

Article 1: General Terms

The website of PrintPlace BV, a company with its registered office at Leuvensesteenweg 126, 1830 Machelen (VAT number: BE 0648.702.742), offers its clients the opportunity to request customized projects and/or products.

These General Terms ("Terms" or "Conditions") apply to any order placed by a visitor to this website ("Client"). When placing an order through PrintPlace BV, the Client must expressly accept these Terms, whereby the Client agrees to the applicability of these Terms to the exclusion of all other terms and conditions. Additional terms and conditions of the Client are excluded, except when previously, in writing and expressly accepted by PrintPlace BV.

These Terms may be amended by PrintPlace BV, updates will be published on the website.

Article 2: Price

The price charged by PrintPlace BV is expressed in EURO and includes the cost of services rendered by PrintPlace BV, manufacture of the product and shipment of the product, as well as any taxes. Other levies and taxes applicable to the delivery of the product, even if not mentioned on the invoice sent by PrintPlace BV, are for the account of the Client.

The statement of price refers exclusively to the articles as it is described verbatim. Any accompanying photographs are for decorative purposes only and may contain elements not included in the price.

Article 3: Offer

A digital offer through any remote channel (website, social media,...) is without engagement, while supplies last and indicative. PrintPlace BV always has the right to modify the rates and/or these terms and conditions.

When the Client accepts the current offer or registration, accepts the terms and conditions and then receives a confirmation from PrintPlace BV, this is binding for the Client.

Despite the fact that the website is composed with the utmost care, it is still possible that the information offered is incomplete, contains material errors, or is not up-to-date. Obvious mistakes or errors in the offer do not bind PrintPlace BV. PrintPlace BV is as far as the correctness and completeness of the offered information only held to a means commitment. PrintPlace BV is in no case liable in case of manifest material errors, typesetting or printing errors.

If the Client has specific questions about e.g. sizes, color, availability, delivery time or method of delivery, we request the Client to contact us in advance via the contact options on our website.

PrintPlace BV cannot be held responsible for the unavailability of a product.

Article 4: Purchases

The services rendered and products manufactured by PrintPlace BV are done on the basis of the specifications of the Client and therefore involve customization. Unless expressly agreed otherwise in writing, in the case of both private and professional projects, the Client is requested to pay the full project amount in advance by bank transfer to the account number of PrintPlace BV. Furthermore, when the total amount of a professional project exceeds EUR 500.00, an advance payment of 50% will be applied.

PrintPlace BV has the right to refuse an order in case of a serious deficiency of the Client regarding orders involving the Client.

Article 5: Delivery and execution of the agreement

Articles ordered through PrintPlace BV are transported in Belgium according to INCOTERMS 2020 EXW (Ex Works).

Unless otherwise agreed or expressly stipulated, the goods will be delivered at a place communicated by the Client within 30 days after receipt of the order. Any visible damage and/or qualitative deficiency of an item or any other shortcoming in delivery must be reported by the Client to PrintPlace BV immediately and without delay.

The risk for loss or damage passes to the Client as soon as he (or a third party designated by him, who is not the carrier) has taken physical possession of the goods. However, the risk already passes to the Client upon delivery to the carrier, if the carrier has been instructed by the Client to transport the Goods and this choice was not offered by PrintPlace BV.

Article 6: Reservation of ownership

The delivered Goods will remain the exclusive property of PrintPlace BV until full payment by the Client.

The Client undertakes, if necessary, to inform third parties of the property rights of PrintPlace BV, e.g. to anyone who would come to seize the not yet fully paid for Goods.

Article 7: Right of Withdrawal & Liability

Since the products are made directly based on the specifications of the Client, there is no right of return or possibility to cancel your order within a certain period of time.

Upon delivery of the product, PrintPlace BV expects the Client to subject the product to a thorough inspection. If, after inspection, the Client is of the opinion that the product does not conform to the order, the Client should contact PrintPlace BV as soon as possible and at the latest within 14 days after receipt of the product. In case the Client fails to carry out this inspection or decides to use a non-conforming product, the Client releases PrintPlace BV from any liability for the possible consequences of using this product. The Client may not return products without the express request of PrintPlace BV.

PrintPlace BV reserves the right to withdraw and/or modify (part of) a quotation and/or order confirmation for technical reasons. PrintPlace BV's liability to the Client for actual and proven damages, regardless of the severity of the defect, will be limited to the price of the product directly related to the reason for the claim. All other liability of PrintPlace BV, such as that for consequential damage, other indirect damage and damage due to third party liability, is excluded.

Electronic communications are susceptible to data corruption and therefore PrintPlace BV accepts no responsibility for changes made to such communications after they have been transmitted. It may therefore be inappropriate to rely on information/advice contained in an e-mail without obtaining written confirmation thereof. PrintPlace BV assumes no responsibility for any errors or problems that may arise from the use of internet communications and all risks associated with sending commercially sensitive information relating to your business are the responsibility of the Client. If the Client does not agree to this risk, the Client must notify PrintPlace BV in writing that e-mail is not an acceptable means of communication.

The Client acknowledges that electronic communications, databases and websites are subject to errors, failures, tampering and intrusions, or that their use may result in damage to systems or operations. While PrintPlace BV will take reasonable precautions to prevent such events, the Client further acknowledges that PrintPlace BV does not guarantee that such events will not occur and that PrintPlace BV shall not be liable for such events. The Client shall be solely responsible for ensuring that any information or content downloaded from the PrintPlace BV website or any other website accessed from the PrintPlace BV website does not contain a virus or other computer software code or subroutine designed to disable, erase, compromise or otherwise damage the Client's systems or software. The Client shall indemnify, defend and hold PrintPlace BV harmless from any liability, claim, expense or damage arising from any claims or lawsuits by third parties caused by any such virus or code or subroutine.

Article 8: Warranty

PrintPlace BV guarantees that the 3D printed model will substantially meet the characteristics of the ordered model within the limitations of current 3D printing technology. Only PrintPlace BV decides on the build orientation of the model. A 3D printed model cannot be rejected because of the chosen build orientation. Due to production reasons (different build orientation, composition of raw materials,...) there may be minor visual differences between multiple copies of one model.

PrintPlace BV gives no other warranty than those expressly provided in these terms and conditions, to the extent permitted by law. PrintPlace BV hereby expressly disclaims all representations or warranties of any kind, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

Article 9: Intellectual Property

Intellectual Property regarding the Website

PrintPlace BV retains all proprietary and intellectual property rights pertaining to the Website. You may not reverse engineer, disassemble or decompile the Website.

The PrintPlace BV Website contains names that are trademarks and/or brand names of PrintPlace BV. These trademarks and other brand names of PrintPlace BV may not be used without the written permission of PrintPlace BV. Copyright in the content of the PrintPlace BV Web site is owned by PrintPlace BV or other third parties. No part of the site may be copied or reproduced for commercial purposes without the express written permission of PrintPlace BV or the identified owner of the information and content.

Intellectual Property regarding the Designs

PrintPlace BV provides an Internet-based service to the Client, who may use it to have products designed and produced. PrintPlace BV contractually prohibits the Client from using the service to order and/or sell products that infringe third party intellectual property rights (including, among others, copyright, trademark, design and model, patent, trade dress and publicity rights, etc.). The Client is solely responsible for the content that the Client uploads on the PrintPlace BV website and/or transmits to PrintPlace BV. By placing an order with PrintPlace BV, you confirm that you own and/or have obtained from a third party the rights necessary to submit this order to PrintPlace BV for production and commercial use without any violation of intellectual property rights. If the design submitted by the Client to PrintPlace BV risks violating the intellectual property rights of third parties, PrintPlace BV reserves the right either not to produce the design or to produce the design without the component that risks violating the rights of third parties. Nevertheless, should the content ordered by the Client be found to infringe and/or violate any law, the Client will defend PrintPlace BV against claims by third parties and the Client will be held liable for all (direct and indirect) damages and costs incurred by PrintPlace BV with respect to such claims.

PrintPlace BV furthermore retains all property rights and intellectual property rights with respect to any design or model commissioned or created by PrintPlace BV. Transfer of these property rights and intellectual property rights is possible after mutual agreement with PrintPlace BV, after which a separate contract will be established between the Client and PrintPlace BV.

Article 10: Confidentiality

PrintPlace BV agrees to treat your 3D file as strictly confidential. It will use the design file to produce the model and it will not share the file with a third party unless it is necessary for production reasons. This third party will apply the same level of confidentiality as PrintPlace BV guarantees to you.

PrintPlace BV has the right to take photos of produced projects and to publish them publicly on social media for promotional purposes. This may be done with mention of the Client. If the Client does not agree, this right can be revoked at any time by notifying PrintPlace BV. PrintPlace BV has the right to use the Client as a reference, including the logo of the Client. The Client can limit this right by entering into a confidentiality agreement.

Article 10: Confidentiality

PrintPlace BV agrees to treat your 3D file as strictly confidential. It will use the design file to produce the model and it will not share the file with a third party unless it is necessary for production reasons. This third party will apply the same level of confidentiality as PrintPlace BV guarantees to you.

PrintPlace BV has the right to take photos of produced projects and to publish them publicly on social media for promotional purposes. This may be done with mention of the Client. If the Client does not agree, this right can be revoked at any time by notifying PrintPlace BV. PrintPlace BV has the right to use the Client as a reference, including the logo of the Client. The Client can limit this right by entering into a confidentiality agreement.

Article 11: Customer service

The Client service of PrintPlace BV can be reached by mail at business@printplace.be or by post at Leuvensesteenweg 126, 1830 Machelen. Any complaints can be addressed to them.

Article 12: Penalties for non-payment

Without prejudice to the exercise of other rights available to PrintPlace BV, in the event of non-payment or late payment, the Client shall, as of the date of the default, by operation of law and without a reminder, owe interest on the unpaid amount. On expiry of this period, the legal interest rate will apply to the amount still to be paid.

Without prejudice to the foregoing, PrintPlace BV reserves the right to take back the not (fully) paid articles.

Article 13: Privacy

The controller, PrintPlace BV, respects the Belgian law of December 8, 1992 on the protection of privacy in the processing of personal data.

Personal data communicated by the Client will only be used for the following purposes: the execution of the contract, the processing of the order, sending newsletters, advertising and/or marketing purposes.

The Client has a legal right to inspect and possibly correct personal data. Subject to proof of identity (copy of identity card), the Client can obtain the written communication of your personal data free of charge via a written, dated and signed request to PrintPlace BV, Leuvensesteenweg 126, 1830 Machelen. If necessary, the Client can also request to correct the data in case these data would be incorrect or incomplete.

In case of use of data for marketing: Clients can oppose the use of their data for marketing free of charge. To do so, the Client can always contact PrintPlace BV, Leuvensesteenweg 126, 1830 Machelen.

We treat the Client's data as confidential information and will not transfer, rent or sell it to third parties. The Client is responsible for keeping his login data confidential. The password is stored encrypted, so PrintPlace BV has no access to the password of the Client.

PrintPlace BV keeps online (anonymous) visitor statistics to see which pages of the website are visited and to what extent. If the Client has any questions about this privacy statement, the Client can always contact us at business@printplace.be.

Article 14: Use of Cookies

During a visit to the website, cookies may be placed on the hard drive of the computer of the Client. A cookie is a text file placed by the server of a website in the browser of a computer or on the mobile device of a visitor to that website. Cookies cannot be used to identify individuals, they can only be used to identify machines.

The Client can set an Internet browser so that cookies are not accepted, that the Client receives a warning when a cookie is installed or that the cookies are subsequently deleted from the hard drive. The Client can do this through the browser's settings (often via a help function). Please note that certain graphical elements may not appear correctly or that certain applications cannot be used.

By using our website, the Client agrees to our use of cookies.

Article 15: Other Provisions

No waiver

No omission or delay on the part of any party to insist on strict performance of any terms, or in exercising any right, power or remedy under these terms, shall operate as a waiver thereof, nor shall any single or partial exercise by any party of any right, power or remedy preclude the further or other exercise thereof or the exercise of any other right, power or remedy. Without limitation, no waiver by any party of any breach of any provision of these terms shall be a waiver of any subsequent breach of that or any other term.

Circumstances beyond our reasonable control

PrintPlace BV will make every effort to perform its obligations under these terms. However, PrintPlace BV is not liable in case of force majeure. Force majeure implies any circumstance beyond the control of PrintPlace BV – even if this circumstance was foreseeable at the time the agreement was concluded – which permanently or temporarily prevents fulfilment of the agreement, including in particular transport failure, strikes, terrorist acts, war, supplier/transport issues, governmental or regulatory action and natural disasters. In the event of a delay, PrintPlace BV will perform our obligations as soon as reasonably possible.

Severability

If all or any part of one or more of these terms is or becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation or found to be illegal or unenforceable in whole or in part under any applicable law, or regulation of any jurisdiction or country, or with respect to a certain category of persons, such provision or part shall to that extent, be deemed not to form part of the contract. The legality, validity or enforceability of the remainder of these terms or the remaining parts of the relevant term shall not in any way be affected or impaired thereby (in relation to such jurisdiction or country, or category of persons). The legality, validity or enforceability of such provision under the applicable laws of any other jurisdiction or country or category of persons, shall not in any way be affected or impaired.

If any part of this disclaimer is held to be invalid, the remaining models will continue to be valid and enforceable.

If you have any questions or comments about the website, please contact us by e-mail at business@printplace.be.

Article 16: Modification of Terms

These Terms are supplemented by other conditions explicitly referred to and the general sales conditions of PrintPlace BV. In case of contradiction, the present Terms will prevail.

Article 17: Evidence

The Client accepts that electronic communications and backups may serve as evidence.

Article 18: Applicable law – Jurisdiction

Belgian law shall apply, with the exception of the provisions of international private law on applicable law and with the exception of the Vienna Convention on Contracts for the International Sale of Goods. Unless the Client is a consumer, any disputes shall be subject to the exclusive jurisdiction of the competent courts of the registered office of PrintPlace BV.