GENERAL TERMS AND CONDITIONS OF SALES AND DELIVERY OF SQUARENUTS FOR CUSTOMERS
1 General Information
Your contractual partner for all orders within the scope of this online offer is Mataro Advice BVBA – SquareNuts – Avenue du Roi 107 – B-1190 – TVA 0812.335.408, hereafter referred to as "SquareNuts”All deliveries from SquareNuts to the customer are carried out based on the general terms and conditions given below. These underlie all offers and agreements between SquareNuts and the customer and are accepted for the duration of the whole business relationship. Opposing or deviating conditions of the buyer are only binding if SquareNuts has agreed to them in writing.
2 Conclusion of the Contract
(1) The "offers" contained on the website represent a non-binding invitation for the customer to place an order with SquareNuts.
(2) By filling in and sending off the order form on the Internet, the Customer makes a binding offer for the conclusion of a contract of purchase and/or a contract for work and materials. Before finally sending off the order form, the customer has the opportunity to check that his/her details are right and if necessary to correct them on a summary page. The order confirmation does not represent an acceptance of the offer but shall only acknowledge to the customer that their order was received by SquareNuts. The contract only materializes when SquareNuts dispatches the product ordered to the Customer
(3) SquareNuts as provider cannot pre-examine all print designs created by customers or shop owners for possible breaches. SquareNuts reserves the right to reject received orders within the legal period of acceptance if, during the ordering process, it becomes known or it is suspected that third-party rights or statutory regulations will be violated by a print design.
(4) The conclusion of the contract shall depend on punctual and correct supply of the goods to SquareNuts. This provision shall not apply in the event of short-term disruption to deliveries or if SquareNuts can be held responsible for non-delivery, in particular if SquareNuts fails to make a congruent hedging transaction in good time. The Customer will be informed immediately that the service is not available. If Customer has already paid for the goods, this money will be reimbursed.
3 Delivery / Shipment
(1) In principle, delivery is made within a month from the date when the Customer receives confirmation of his/her order. Delivery dates and times are only binding if they are expressly confirmed as such by SquareNuts in writing.
(2) Delivery shall be conducted by a shipment service provider chosen by SquareNuts. The customer has to pay standard shipping costs which may depend on order value, and where it is shipped to.
(3) Si la livraison n’est exceptionnellement pas possible dans le délai, indiqué ci-dessous (1), de trois semaines après la conclusion du contrat, SquareNuts en informe le client par écrit. Le client dispose d’un droit de résiliation, qu’il doit immédiatement exercer sous forme écrite.
4 Price
(1) For customers ordering from EU states, the prices as given are the gross prices and include the statutory incidental taxes, in particular Value Added Tax. Postage and packing is charged for separately and shown separately in the invoice. The delivery address is definitive.
(2) For customers from outside the EU all stated prices are net prices. The shipping address is decisive. If, according to the statutory regulations, the goods are subject to sales taxes in the recipient country, then these shall be paid additionally upon receipt of the goods. Furthermore, the goods may be subject to import duties which the customer shall pay additionally upon receipt of the goods.
(3) The customer has to pay shipping and handling, which may depend on order value and the delivery location.
(4) Purchase price, along with shipping and handling charges are immediately payable, without deduction.
5 Payment
(1) The customer chooses the method of payment, which may be credit card, direct transfer or others methods of payment. SquareNuts reserves the right of restricting the number of payment methods that a customer can choose from on the basis of factual criteria.
(2) SquareNuts is entitled to make use of the services of trustworthy third parties for the handling of the payment:
a) If it comes to a default of payment of the customer, SquareNuts is allowed to assign its claims to a debt collection agency and transfer the personal data required for the handling of payments to these third parties.
b) In the case of intervention of third parties in the handling of payments, then payment in relation to SquareNuts only counts as made if the amount has been provided contractually to the third party, so that the third party can dispose of it as it sees fit.
(3) The customer agrees to electronic invoicing only. Invoices will be made available in PDF format and sent to the customer via email.
6 Conditional Sale
(1) Up to the payment of any monies owed to SquareNuts the goods remain the property of SquareNuts.
(2) The customer is obliged to handle the product with care up to the transfer of ownership.
7 Guarantee
(1) Information, drawings, figures, technical data, specifications of weight, measurements and services, which are contained in brochures, catalogues, newsletters, ads or price lists only are of an informational nature. No responsibility is accepted by SquareNuts for the correctness of this information. Regarding type and scope of delivery only the information shall be decisive which is contained in the order confirmation.
(2) As far as there is a defect in the goods which falls under warranty, the customer shall be entitled in the context of statutory regulations to demand supplementary performance or withdraw from the contract.
(3) In the case of return shipments due to defects SquareNuts will also pay for the cost of postage.
(4) Data communication via the internet, considering the current state of the technology, cannot be guaranteed as being flawless und/or available at any time. Thus, SquareNuts shall not be liable for the continuous and uninterrupted availability of the online offer.
8 Limitation of Liability
(1) Apart from that, liability on the part of SquareNuts follows statutory provisions, insofar as nothing else is determined in these general terms and conditions. SquareNuts only bears responsibility for damages, no matter what the legal ground, in the case of deliberate action and gross negligence.
9 Information about the right of withdrawal for consumer
ou have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.To exercise the right of withdrawal, you must inform us (Mataro Advice BVBA, Rue Barastraat, B-1070 Brussels – info) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. You will not incur any fees as a result of such reimbursement.We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.Revocation of this contract is not possible with regard to the delivery of goods that have not been pre-fabricated, and which have been either selected individually or that have been explicitly personalized by the customer to meet his personal preferences.
10 Copyrights to Print Designs, Release from Liability
(1) If the Customer provides his/her own motif or otherwise influences the product (personalization of text), the Customer assures SquareNuts that the text and motif are not subject to any rights held by third parties. In such case the cost of any breaches of copyright, personal rights or rights to the use of a name will be borne solely by the Customer. The Customer also assures SquareNuts that by personalizing the product he is also not breaching any other rights held by third parties.
(2) The customer releases SquareNuts from all demands and claims which are made due to the infringement of such third-party rights, as far as the customer is responsible for the breach of duty. The customer shall reimburse SquareNuts for all defense costs and other damages resulting from any such action.
11 Technical and Design Deviations
When fulfilling the contract, we expressly reserve the right to deviate from the descriptions and information in our brochures, catalogues and other written and electronical documents with respect to material, color, weight, measurements, design or other features, as far as these can be considered reasonable for the customer. Reasonable cause for change may result from fluctuations customary in trade and technical production processes.
12 Data Protection
SquareNuts uses personal data of the customer for appropriate purposes and according to statutory regulations. The personal data given (i.e. name, e-mail address, mailing address, bank details) for ordering products are used by SquareNuts for fulfillment and handling of the contract. This data is treated confidentially by SquareNuts and is not given to any third parties who are not part of the ordering, delivery and payment procedures. The customer shall be entitled to access information on the personal data, which SquareNuts has saved, about them free of charge. Moreover, they are entitled to the correction of incorrect data, and the blocking and deletion of their personal data, insofar as there is no legal obligation to retain such data.
13 Place of Jurisdiction – Place of Fulfillment – Choice of Law
(1) Place of fulfillment for all services is the place of business of SquareNuts in Brussels.