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General Terms And Conditions At GotPrint Website

Updated: November 18, 2011

1. Applicability of the General Terms and Conditions

1.1 Our General Terms and Conditions are applicable to all agreements. Take due note of these General Terms and Conditions prior to ordering products from our website. By ordering our products, you agree to our General Terms and Conditions.

1.2 GotPrint.eu BV reserves the right to review and amend these General Terms and Conditions, without notifying its clients in advance. Any amendment to these General Terms and Conditions comes into force with immediate effect, after having been published on the GotPrint.eu BV website.

1.3 These General Terms and Conditions replace any previous versions.

1.4 Insofar as a client applies his own General Terms and Conditions, the effect thereof shall be explicitly excluded when entering into agreements with GotPrint.eu BV.

2. Client status

By placing an order on our website, the client guarantees that:
- he/she is at least 18 years of age,
- he/she is legally competent.

3. Formation of the agreement

3.1 The possibility of placing orders on the GotPrint.eu website forms an invitation to make an offer. The order of a client is an offer to buy a product. All orders are subject to acceptance by GotPrint.eu. The acceptance of the order shall be confirmed to the client by e-mail. The agreement between GotPrint.eu and the client is concluded as soon as the client has received the confirmation of order. Alternatively, the purchase agreement is formed after GotPrint.eu has started to execute the agreement, without such confirmation.

3.2 GotPrint.eu reserves the right to reject an order, without stating reasons.

3.3 By using our website, the client accepts that communication with GotPrint.eu shall mainly be electronically. GotPrint.eu contacts its clients via e-mail or provides information by placing messages on the website. For contractual purposes, the client agrees to this electronic method of communication and accepts that all contracts, messages, information and other information provided by GotPrint.eu meet the possible legal requirement in that such communications are laid down in writing.

4. Prices, invoices and payments

4.1 Insofar as the confirmation of order does not state otherwise, the total amount due becomes payable immediately after concluding the agreement (receipt of confirmation of order). Any costs involved in respect of the transfer of funds are entirely at the expense of the client.

4.2 The client only has the right to set off against an undisputed claim or against a claim that has been ascertained judicially.

4.3 The stated prices are inclusive of packaging, transport and/or postage and applicable turnover tax, unless stated otherwise in the order confirmation.

4.4 Prices are always subject to change due to higher costs of materials and/or other cost price components, which are passed on accordingly.

4.5 Changes in the order with a cost-increasing effect are also passed on to the client.

4.6 GotPrint.eu sends invoices by e-mail only. Receipt of the invoice is not required in order for the amount owed to become payable.

4.7 Certain products may ship from locations outside of the European Union. In the case of commercial deliveries, customs may require an EORI form before releasing the package. For shipments to countries outside of the European Union, separate and additional shipping costs will be applied to your order. However, final price will be visible prior to placing an order.

5. Acceptance of the order

5.1 GotPrint.eu executes all orders solely on the basis of the information provided by the client. The client is obliged to carefully check the information sent by him for suitability of the print order. GotPrint.eu has the right not to execute an order if, in its opinion, the information provided by the client fails to meet the requirements set by GotPrint.eu to that end.

5.2 Prior to the products being produced, GotPrint.eu submits an on-screen sample. This screen proof reflects the design layout, text accuracy and picture proportions, but not colour or density. This proof must be confirmed by the client first in order to release the order for printing. The confirmation of order is binding and cannot be changed or cancelled. The client accepts full responsibility for the ultimate test and layout acceptance, prior to the printing process.

5.3 GotPrint.eu BV cannot be held liable for errors in the end product caused by:

Incorrect spelling and/or punctuation, graphics, stains, grammatical errors, wrong fonts, incorrect dimensions, incorrect or absent folds, incorrect dimensions in the end product.

5.4 GotPrint.eu cannot be held liable for changes in colour or deviations in ink density when the screen proof has been accepted by the client. GotPrint.eu shall make every effort to achieve the best possible density for each colour. GotPrint.eu cannot be held liable for the ultimate colour format.

Important: Gang Run means that multiple and different client orders are combined and processed simultaneously.

5.5 The application of High Gloss UV coating can affect the colour format. GotPrint.eu cannot be held liable for the ultimate colour format of High Gloss UV products.

6. Copyright

6.1 The material and files used by GotPrint.eu BV for the production and manufactured to that end remain the property of GotPrint.eu BV. All rights are reserved to GotPrint.eu BV. Using, copying or publishing any material or software of GotPrint.eu BV, the GotPrint.eu BV website and/or its subsidiaries or third parties whom GotPrint.eu BV has obtained licences from is strictly forbidden.

6.2 The client guarantees that he is in the possession of the full rights for the use, distribution and publication of the information sent, particularly in respect of the text and images. The client guarantees that the data and documents sent to GotPrint.eu BV do not infringe third-party protected rights and that the contents of his printed matter do not violate any Dutch law, or laws from the country in which the client is located or doing business.

The client indemnifies GotPrint.eu, without any reservation, insofar as GotPrint.eu BV is sued for infringement of third-party rights, particularly against the infringement of copyrights, as a result of GotPrint.eu BV using the data and documents made available by the buyer.

6.3 GotPrint.eu BV does not accept improper language and pornography.

7. Material and information provided by the client

7.1 All information, data, text, photographs, graphics, messages or other materials are subject to the exclusive responsibility of the individual source.

This means that the client -and not GotPrint.eu BV- is fully responsible for the contents of the material he submits, uploads or otherwise uses via the GotPrint.eu website.

With a view to the international character of the Internet, the client must take into account all local regulations with regard to online behaviour and acceptable contents.

7.2 The client agrees not to use the services of GotPrint.eu for material that contains the following:
a) (child)pornography or material of otherwise improper, obscene or indecent content,
b) a threat to abduct, kidnap or cause injury to an individual, a threat to harm the personal property or the reputation of an individual, a threat to accuse someone of a crime, a threat to inform others of an offence committed by an individual or a threat to blackmail,
c) an encouragement to violate or abuse a statutory provision,
d) defamatory comments with regard to an individual or company, or
e) anything contrary to the intellectual property rights or other property rights of GotPrint.eu BV or that of third party.

7.3 GotPrint.eu is in no case liable towards to the client for material/contents which he is exposed to and that is possibly insulting, improper or offensive.

Products and services are intended for personal use only. The client declares to agree with the conditions for use and not to use the products, services or derivative messages for any form of unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of canvassing.

7.4 The client is responsible for protecting his password and/or login details and guarding the access to his registered account.

7.5 The client is aware that GotPrint.eu does not check the contents in advance. GotPrint.eu does not issue any guarantees in terms of the accuracy, integrity and quality of the contents.

7.6 In accordance with company policy, GotPrint.eu has the right to remove any contents that violate the conditions for use or that are otherwise offensive.

GotPrint.eu has the power to retain or release certain contents, if legally reasonably required to do so:
a) in legal proceedings;
b) in order to comply with the service provision conditions;
c) in order to respond to a claim that the contents violate third-party rights;
d) in order to protect the rights, property or personal safety of GotPrint.eu, its users and the public.

8. Liability

8.1 In no case shall GotPrint.eu, its licence holders, suppliers, vendors, officials, directors, staff and/or agents be liable for extraordinary, incidental, indirect or consequential damage or losses, regardless of the nature thereof, or for damage or losses due to the loss of use, information or proceeds, regardless of the fact whether or not GotPrint.eu issued a warning in respect of the possibility of such damage or loss arising from or in relation to the use of the website or the inability to use the services. Nor can GotPrint.eu be held liable for damage or losses caused by errors, omissions, viruses, delays or disruption of services.

8.2 In no case shall GotPrint.eu be liable or responsible for any (consequential) damage or losses caused by or in relation to the incorrect or unauthorised use of the website and/or the contents thereof.

8.3 If GotPrint.eu is held liable in connection with an order placed via the website, liability shall be limited to the price of that order (including delivery costs) and the costs incurred by the client for returning the product to GotPrint.eu, insofar these costs are reasonable.

8.4 If compensation is claimed, GotPrint.eu must be given the opportunity to handle the complaint first.

9. Claims for compensation

A claim for compensation of the damage or losses must be submitted to GotPrint.eu no later than fourteen days after the buyer has discovered or could have reasonably discovered the damage. Any right to claim compensation lapses after expiry of the aforesaid period of fourteen (14) days.

10. Force majeure

10.1 GotPrint.eu BV does not issue any guarantee, neither explicitly nor implicitly, with regard to services provided or equipment delivered. Nor does GotPrint.eu provide any guarantee in respect of the saleability, suitability for a certain purpose, morality or propriety of the order given.

10.2 GotPrint.eu BV cannot be held liable for any failure or delay in the services provided which can be attributed to circumstances beyond its control, including force majeure, earthquakes, industrial conflicts, amendments in the law or regulations or government policy, riots, war, fire, epidemics, acts or omissions by vendors or suppliers, breakdowns in equipment, transport problems or other similar events and circumstances.

11. Compensation

11.1 The client shall compensate GotPrint.eu for all damage and defend GotPrint.eu (including all parties of whom GotPrint.eu holds licences) in and out of court against all claims, claims for liability, damage, costs and expenditure, including all reasonably incurred legal costs and costs arising from or in connection with (1) breaching these General Terms and Conditions or (2) legal proceedings, claims, including claims arising from or in relation to any texts, photographs, images, graphics or other material incorporated by the client in the products.

12. Transfer of rights and obligations

12.1 The contract between the client and GotPrint.eu is binding for both parties as well as for successors and successors in title.

12.2 Without the prior written approval of GotPrint.eu, the client is not allowed to transfer, encumber or otherwise dispose of the contract or dispose of one of the rights or obligations arising from the contract.

12.3 During the term of the contract, GotPrint.eu can transfer, allocate, encumber, outsource or otherwise dispose of a contract, or one of the rights or obligations arising from the contract, at all times.

13. Design files

GotPrint.eu does not provide design files.

14. Designs or images provided by the client

14.1 All model drawings, designs and images must be provided in CMYK format for colour designs and in Greyscale format for black/white designs.

All model drawings, designs and images must be provided with a resolution of 350dpi and CMYK colour mode.

GotPrint.eu cannot be held responsible for differences in colour due to conversions from RGB to CMYK colour mode.

14.2 GotPrint.eu cannot be held responsible for out-of-focus or distorted designs provided by the client.

14.3 Additional costs may be charged for files exceeding a file size of 75MB.

15. 100 g Paper

Since our 100 g stock is uncoated, it is recommended not to use dark, high-density colours (black, purple, blue, brown etc.). Dark colours have a tendency to get soaked into the paper if the colour values are too high and can therefore offset.

16. Additional costs for second proof

If changes need to be made after the first proof, additional costs will be charged. These costs are as follows:
4,00€ for the following products:
Business Cards, Folded Business Cards, Greeting Cards, Notepads, Postcards, Posters, Special Shapes, Stickers, Swing Tags, Table Tents.
10€ for the following products:
Banners, Bookmarks, Envelopes, Flyers, Letterheads, Window Clings and Decals, Wide Posters.
20€ for the following products:
Brochures/Catalogues (8 pages), Calendars (8 pages), Folded Leaflets, Folders. Add 5€ for each additional 4 pages.

17. Cancellation

17.1 If so required, GotPrint.eu shall assist the client in the cancellation of his order, prior to the client having accepted the order. Requests for cancellation must be submitted by the client via e-mail. Our Customers Service Team shall inform the client of the cancellation costs, which depend on the phase the order is in.

17.2 Since every order is made in accordance with the specifications of the client, selling the products to other buyers is not an option, thus making the sales agreement final and binding. Hence the right to terminate the agreement within a period of 7 working days as referred to in article 7:46d of the Netherlands Civil Code does not apply.

17.3 If the order has already been offered for printing, GotPrint.eu shall only reimburse the dispatch costs. If the order has been cancelled before it has been offered for printing, handling fees (hours of labour) and/or administration costs (including credit card costs) shall be set off against the reimbursement amount.

Cancellation costs for orders up to 81€ are 12€, 24€ for orders between 81€ and 243€ , and for orders of 243€ or more the costs of cancellation are 10% of the original order amount.

18. Products returned and refunds

18.1 In the event of deviations in the products ordered and delivered, the client must notify GotPrint.eu of these deviations within 8 days of the acceptance of the order. In order to qualify for correction or replacement of the products delivered, the client must return the complete delivery within 15 days of the delivery date.

18.2 All costs in relation to expedited printing (urgent printing or dispatch) are final and non-refundable. The same applies to other orders that are returned for whatever reason. The dispatch costs for returning the products are at the expense of the client.

19. Dispatch and delivery

19.1 Delivery periods serve as an indication of the delivery date only and are only subject to a strict deadline if explicitly indicated and agreed by GotPrint.eu.

19.2 GotPrint.eu shall make every effort to prevent production problems causing a delay in the delivery. GotPrint.eu cannot be held liable for consequential damage and losses caused by delays in dispatch and delivery. GotPrint.eu cannot be held liable for delays in the delivery caused by adverse weather conditions, delays at shipping companies, international customs issues or other circumstances beyond the control of GotPrint.eu. Dispatch and delivery periods are set by GotPrint.eu on the basis of information obtained from our suppliers.

19.3 GotPrint.eu shall make every effort to honour the promised delivery period. The printing process can nevertheless be delayed due to sudden equipment failures, breakdowns and/or technical problems. In the event of a delay due to a technical breakdown, additional costs for urgent jobs shall be refunded or waived, if applicable.

19.4 The dispatch costs are calculated on the basis of a single shipment to the address as indicated by the client.

19.5 Dispatch costs for high volumes of products are available on request.

20. Dispatch problems and lost shipments

Claims for products lost or damaged during transport are only accepted for shipments representing a value of 40€ or more. GotPrint.eu cannot be held responsible for dispatch errors, omissions or damage caused by third parties.

21. Incorrect client address

If a shipment cannot be delivered due to a client having submitted incorrect address details, GotPrint.eu shall charge additional dispatch costs for sending the products again. It is possible that the shipment is delivered at the original address provided by the client at a later date. In that case, GotPrint.eu cannot be held responsible.

22. Credit card fees

If this is the first time that the client orders at GotPrint.eu and the order represents a value of more than 1,500 €, GotPrint.eu shall request to mail or fax a completed and signed credit card authorisation form with a clear copy of the credit card. This policy is pursued for safety reasons and to prevent fraudulent activities.

23. Retention of title

The proprietary rights of the goods delivered remain with GotPrint.eu until the goods have been fully paid for and no other amounts are outstanding for other goods ordered by the client. If the sales of these goods form part of the client's ordinary commercial practice, he has the right to sell the goods delivered subject to retention of title to third parties. In this instance, the client hereby grants an undisclosed pledge to the claims obtained by him in respect of the sale of these goods. The client is obliged to provide a written overview of these outstanding claims (list of receivables), upon first request. GotPrint.eu has the right to have this list registered at any given time.

If the client fails to fulfil his payment obligations towards GotPrint.eu, GotPrint.eu has the right to repossess the goods that have been delivered subject to retention of title and hereby grants GotPrint.eu an irrevocable authorisation to access the client's corporate grounds to that end. This right shall be without prejudice to any other rights of GotPrint.eu in respect of payment default, including the right to exercise any rights of pledges. In the event of repossession, the client is obliged to render every assistance, subject to a fine of 10 percent per day, calculated on the basis of the invoice balance, for which payment has been demanded by or on behalf of GotPrint.eu.

24. Waiver

A waiver granted by GotPrint.eu (either explicitly or implicitly) with regard to any provision in these General Terms and Conditions or with regard to an infringement or omission by the other party in the application of one or more of these provisions does not have any future effect and does not prevent GotPrint.eu from enforcing a provision of these General Terms and Conditions for which no waiver was granted at a later time or to take legal action following a subsequent infringement or omission by the other party by virtue of any provision in these General Terms and Conditions. A waiver in respect of a provision of these General Terms and Conditions can only be granted by GotPrint.eu in writing.

25. Applicable law; competent court; partial nullity

These General Terms and Conditions and all agreements subject to these General Terms and Conditions are governed by Dutch law. Only the Court District of Maastricht is competent to take cognizance of disputes between GotPrint.eu and its clients arising from agreements concluded subject to these General Terms and Conditions. If GotPrint.eu commences proceedings, the court in the client's place of residence or business shall also be competent. If a provision in these General Terms and Conditions or in the agreements which are subject to these General Terms and Conditions is or becomes legally invalid, the remaining provisions in these General Terms and Conditions or agreements shall continue to apply in full and remain legally valid.