Terms and conditions

The terms and conditions can be downloaded in Dutch and in English.

https://3dforma.nl/

Terms and Conditions based on the model terms of Valued Shops.

Contents

Article 1 – The Webshop
Article 2 – Applicability
Article 3 – Offers
Article 4 – Execution of the Agreement and delivery
Article 5 – Prices
Article 6 – Payment
Article 7 – Warranties
Article 8 – Intellectual property rights
Article 9 – Right of withdrawal
Article 10 – Exclusion of Right of withdrawal
Article 11 – Termination
Article 12 – Personal data
Article 13 – Complaints
Article 14 – Governing law and jurisdiction

Article 1 – The Webshop

1.1 These are the terms and conditions of:

3DForma.nl
Herastraat 43-04
5047TX Tilburg
The Netherlands

T +31 (0) 13 700-9731
E info@3dforma.nl

Chamber of Commerce 56871546
VAT-number NL852340801B01

1.2 To keep these terms and conditions clear and understandable, the following definitions shall apply:

1.3 In deze algemene voorwaarden worden de Webwinkel en de Klant gezamenlijk aangeduid als „wij“ of „ons“. De termen
„u“ en „uw“ verwijzen naar de Klant.

Article 1 – Definitions.

In these terms and conditions, the following definitions shall apply:

1. Reflection period: the period within which the consumer can exercise his right of withdrawal; Read all about reflection period.

2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

3. Day: calender day

4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

5. Durable medium: any instrument which enables the consumer or entrepreneur to store information addressed personally to them in a way accessible for future reference and unaltered reproduction of the stored information;

6. Right of Withdrawal: the option for the consumer to withdraw from the distance agreement within the cooling-off period;

7. Model form: the model withdrawal form provided by the entrepreneur that a consumer can complete if they wish to exercise their right of withdrawal;

8. Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;

9. Distance contract: an agreement in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

10. Technology for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having come together simultaneously in the same room.

11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Applicability

2.1 These general terms and conditions apply to every offer made by the Webshop and to every Agreement concluded between you and the Webshop.
Any general terms and conditions used by yourself do not apply. This is only different if the Webshop has explicitly confirmed this to you in writing.

2.2 If any provision in these general terms and conditions is found to be void (nietig) or voidable (vernietigbaar), all other provisions shall remain in full force and effect. In such case, we will jointly establish new agreements to replace the void or voidable provisions. The intention of the new provision(s) must reflect the purpose of the original provision(s) as closely as possible.

2.3 If there is a contradiction between the Agreement and these general terms and conditions, the provisions of the Agreement shall prevail. In this manner, we can also make arrangements that deviate from these general terms and conditions. However, agreements that deviate from these general terms and conditions are only valid if the Webshop has explicitly confirmed this to you in writing.

Article 3 – Offers

3.1 Every offer made by the Webshop is non-binding (vrijblijvend) and can be accepted within the period stated in the offer. If you do not do so, the offer expires.
If no period is stated, a term of 14 days applies. It is not possible to accept or reject only a portion of an offer from the Webshop. In that case, the entire offer expires.

3.2 The Webshop ensures that the offer accurately and completely describes the products and/or (digital) content and services to which the offer relates. If the offer contains graphic elements (such as images or videos), these provide a true representation of those products and/or (digital) content and services.

3.3 If an offer contains an obvious mistake or error (such as a typing error or calculation error), the Webshop is not bound by the offer.

Article 4 – Execution of the Agreement and delivery

4.1 You have an Agreement with the Webshop from the moment you have accepted the offer of the Webshop and have met the conditions specified by the Webshop. You will receive a confirmation from the Webshop within a reasonable time after the conclusion of the Agreement, in any case upon delivery of the products, or before the service is executed. This confirmation contains:

– All information referred to in Section 230m paragraph 1 of Book 6 of the Dutch Civil Code (BW), unless you have already received this from the Webshop on a durable medium prior to the conclusion of the Agreement; and

– Where applicable: the confirmation of the explicit prior consent and the declaration as referred to in Section 230p under g of Book 6 of the Dutch Civil Code (BW).

As long as you have not yet received the aforementioned confirmation, you have the right to dissolve the Agreement.

4.2 The Webshop will do its utmost to execute the Agreement as carefully and quickly as possible and to deliver your orders as soon as possible. The Webshop will do so in any case within 30 days after the Agreement has been concluded, unless a different delivery period has been agreed upon. If the Webshop fails to deliver within this period, you have the right to dissolve the agreement.

4.3 Deliveries will be made to the address you have provided to the Webshop. If that address is located outside the Netherlands, the Webshop has the right to refuse your order without being liable for any damages or compensation.

4.4 The Webshop carefully determines who within its organization is appointed to execute the Agreement. The Webshop is also permitted to engage third parties for this purpose, such as subcontractors and/or auxiliary persons. The party engaged by the Webshop for the delivery of the ordered products will be made known to you in advance. If products are lost or damaged during delivery, this risk is borne by the Webshop. This is only different if you have explicitly agreed otherwise with the Webshop.

4.5 All information that the Webshop has indicated is necessary for the execution of the Agreement, or of which you should reasonably understand that it is necessary, must be provided to the Webshop in a timely manner. If you fail to do so, the Webshop has the right, among other things, to suspend the execution of the Agreement. In addition to the right to suspend the Agreement, the Webshop may invoke any other legal rights it may have.

Article 5 – Prices

5.1. 5.1. Are you a Consumer? If so, the prices and rates stated by the Webshop include surcharges, levies, and taxes (such as VAT) as well as additional costs (such as any shipping and administrative costs). If you are not a Consumer, prices are, as a starting point, stated exclusive of VAT and other levies, unless explicitly stated otherwise.

5.2. 5.2. The Webshop may offer products and/or services at variable prices if their prices are subject to fluctuations in the financial market(s) over which the Webshop has no influence. The Webshop will clearly state this alongside the price.

5.3. 5.3. The Webshop has the right to implement price changes within 3 months after the Agreement has been concluded, provided that these changes are the result of amendments to laws and regulations. If more than 3 months have passed since the Agreement was concluded, the Webshop also has the right to pass on increases in (delivery) fees, transport, shipping, call-out, and administrative costs to you.

5.4. 5.4. If you are a Consumer, you have the right to dissolve the Agreement in the event of the price increases referred to in article 5.3. If you are not a Consumer, you only have the right to dissolve the agreement if the increase exceeds 5% of the agreed total price, unless the Webshop offers to bear the price difference (insofar as it exceeds the aforementioned 5%) at its own expense.

Article 6 – Payment

6.1. 6.1. You are required to pay the Webshop’s invoices within 14 days after the conclusion of the Agreement, unless you have agreed otherwise with the Webshop. Are you a Consumer? If so, the Webshop is legally prohibited from requiring you to pay more than 50% of the price in advance.

6.2. 6.2. If you are a Consumer, you will only be in default (verzuim) regarding your payment obligations after the Webshop has sent you a notice of default (ingebrekestelling) granting a reasonable period of at least 14 days (starting the day after receipt of the aforementioned notice) to fulfill your payment obligations, and you have failed to pay within this 14-day period. In that case, you will also owe statutory interest and compensation for extrajudicial collection costs. The extrajudicial collection costs (with a minimum of € 40.-) amount to:

– 15% on outstanding amounts up to € 2,500.-;

– 10% on the subsequent € 2,500.-;

– 5% on the subsequent € 5,000.-;

– 1% on the subsequent € 190,000.-;

–
0.5% on the remaining balance.

6.3. 6.3. If you are not a Consumer, you are not permitted to set off (verrekenen), suspend (opschorten), and/or reduce (matigen) payments to the Webshop, and you will be immediately in default if you fail to make a payment to the Webshop on time. In that case, the Webshop also has the right to charge statutory commercial interest (wettelijke handelsrente) from the invoice due date until the day of full payment. The Webshop does not need to send a demand for payment or a notice of default for this purpose. The Webshop may also continue to exercise any of its other legal rights against you.

6.4. 6.4. Payments made by you will first be allocated to reduce due interest and costs, and subsequently to the demandable invoices that have been outstanding the longest.

6.5. 6.5. In the event of liquidation, dissolution, bankruptcy, or suspension of payment (surséance van betaling) of the Customer, or if the Customer loses full or partial management or disposal of their assets, the (payment) obligations of the Customer shall become immediately due and payable.

Article 7 – Warranties

7.1. 7.1. The Webshop ensures that the products and/or services delivered to you comply with the Agreement. This means, among other things, that the products and/or services correspond to what you could reasonably expect based on the type of product and the statements made by the Webshop regarding it. This includes, for example, statements regarding quantities, measurements, and/or the weight of a product. The products and/or services delivered by the Webshop also comply with the laws and regulations in force at the time the Agreement is concluded. If you are not a Consumer, the Webshop may enter into different or additional arrangements with you.

7.2. 7.2. If you are a Consumer, any additional warranties provided to you by the Webshop shall never limit the statutory legal rights of consumers. Therefore, you are always entitled to invoke your statutory (consumer) rights.

Article 8 – Intellectual property rights

8.1. 8.1. The intellectual property rights, including copyrights on all offers, designs, images, drawings, and models provided to you by the Webshop, remain the property of the Webshop, unless explicitly agreed otherwise with you in writing. Documents, data, and materials provided to you by the Webshop are strictly intended to be used solely by you as the Customer and may not be reproduced, disclosed, or brought to the attention of third parties without the prior written consent of the Webshop, unless something else arises from the nature of those documents, data, and materials.

Article 9 – Right of withdrawal

9.1. 9.1. If you are a Consumer and it concerns a Distance Agreement or an Agreement concluded off-premises (as referred to in Section 230g of Book 6 of the Dutch Civil Code), you may exercise the Right of Withdrawal. This means you can dissolve the Agreement without giving any reasons within a period of 14 days. This 14-day period commences at the following moments:

a. In the case of an Agreement relating to the purchase of a movable product:

On the day on which you, or a third party designated by you (who is not the carrier), received the product, unless:

– The same order consists of multiple products delivered separately, or the delivery consists of various shipments or parts. In that case, the period begins on the day the last product, shipment, or part is received by you or a third party designated by you (who is not the carrier);

– The Agreement extends to the regular delivery of products during a specific period. In that case, the period begins on the day the first product is received by you or a third party designated by you (who is not the carrier);

b. In the case of a service agreement:

On the day the Agreement is concluded.

9.2. 9.2. To exercise the Right of Withdrawal, you must inform the Webshop of your decision to withdraw from the Agreement by means of an unequivocal statement. You may use the model withdrawal form provided by the Webshop for this purpose. The model withdrawal form can also be found as an appendix to these general terms and conditions. You must send your statement before the period referred to in article 9.1 has expired.

9.3. 9.3. If you have not yet received the model withdrawal form from the Webshop, the 14-day period referred to in paragraph 1 of this article shall be extended until the moment you receive the model withdrawal form, but by a maximum of twelve months.

9.4. 9.4. If you exercise the Right of Withdrawal, you must:

– Handle the already received products and their packaging with care. You are only permitted to unpack or use the products to the extent necessary to establish the nature, characteristics, and functioning of the product. If you handle the product in any other manner, you are liable for any reduction in the value of the product caused as a result, unless the Webshop failed to provide you with all legally required information regarding the Right of Withdrawal prior to or upon conclusion of the Agreement;

– Return the product to the Webshop within 14 days, starting from the day following the day you made the statement referred to in article 9.2.

The direct costs of returning a product are borne by you, but only if the Webshop informed you of this before the conclusion of the Agreement;

– Return the product, as far as reasonably possible, with all supplied accessories, in its original state and packaging, and in accordance with the reasonable and clear instructions provided by the Webshop.

9.5. 9.5. If you exercise your Right of Withdrawal, the Agreement will be dissolved. This also applies to any supplementary agreements. In that case, the Webshop will reimburse all payments received from you, including any delivery costs. The Webshop will do so in any case within 14 days from the day on which you made the statement referred to in article 9.2.

9.6. 9.6. You bear the risk and the burden of proof for the correct and timely exercise of the Right of Withdrawal.

Article 10 – Exclusion of the Right of Withdrawal

10.1. 10.1. If you are not a Consumer, you cannot exercise the Right of Withdrawal. This also applies if you have received a model withdrawal form.

10.2. 10.2. If you are a Consumer, you cannot – in deviation from article 9 – exercise the Right of Withdrawal if:

– The Webshop has excluded the Right of Withdrawal, and

– The Webshop clearly informed you about the exclusion of the Right of Withdrawal prior to the conclusion of the Agreement, and

– The excluded Right of Withdrawal relates to:

– An Agreement where the price of the products or services is subject to fluctuations in the financial markets over which the Webshop has no influence and which may occur within the dissolution period;

– An Agreement concluded during a public auction;

– An Agreement for the provision of services, after full performance of the Agreement, and insofar as the Agreement implies a payment obligation for you, if:

– The performance commenced with your explicit prior consent; and

– You have declared that you waive your Right of Withdrawal once the Webshop has fully performed the Agreement;

– A consumer purchase (as referred to in Section 5 paragraph 1, under a, of Book 7 of the Dutch Civil Code) regarding:

– The delivery of products manufactured according to your specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by you, or which are clearly intended for a specific person;

– The delivery of products that spoil quickly or have a limited shelf life;

– The delivery of products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;

– The delivery of products which, by their nature, have been irreversibly mixed with other products after delivery;

– An agreement for the delivery of digital content not supplied on a tangible medium, insofar as the performance has commenced, and insofar as the Agreement implies a payment obligation for you, if:

– The performance commenced with your explicit prior consent;

– You have declared that you thereby waive your Right of Withdrawal; and

– The Webshop has provided a confirmation as referred to in Section 230t paragraph 2, or Section 230v paragraph 7 of Book 6 of the Dutch Civil Code.

Article 11 – Termination

11.1. 11.1. If the Agreement can be terminated, the termination must take place in accordance with the termination rules and notice periods agreed upon between you and the Webshop.

11.2. 11.2. If you are a Consumer, the following rules and periods apply regarding terminations. The Webshop may not deviate from these to your disadvantage as a Consumer:

– If the Agreement has been entered into for a fixed period and extends to the regular delivery of products, including electricity, heat, and cold, or to the regular provision of services, you have the right to terminate the Agreement towards the end of the (fixed) duration. However, if that Agreement has been tacitly renewed, you may terminate the Agreement at any time.

– The notice period shall be a maximum of one month.

– If the Agreement has been entered into for a fixed period and extends to the regular delivery of products, including electricity, heat, and cold, or to the regular provision of services, the Agreement may not be tacitly extended or renewed for a fixed duration, unless the Agreement concerns the regular delivery of daily, weekly, or monthly newspapers and magazines. In the latter case, the Agreement may be tacitly renewed for a fixed duration of a maximum of three months, and you have the right to terminate the Agreement towards the end of the renewal with a notice period of a maximum of one month.

– Any Agreement that lasts longer than one year may be terminated by you at any time after the first year, unless reasonableness and fairness oppose termination before the end of the agreed duration.

11.3. 11.3. If you are not a Consumer, you may only terminate the Agreement if this is explicitly stipulated in the Agreement and in accordance with the termination rules and notice periods specified therein.

Article 12 – Personal Data

12.1. 12.1. The Webshop only processes personal data in accordance with applicable laws and regulations. This means, among other things, that:

– The Webshop only processes personal data insofar as the processing can be based on one of the legal grounds set out in Article 6 of the General Data Protection Regulation (GDPR);

The Webshop will only share personal data with third parties if this is compatible with the purpose for which the data was collected and if all (other) legal requirements applicable to the sharing of personal data have been met;

– The Webshop will only share personal data with third parties if this is compatible with the purpose for which the data was collected and if all (other) legal requirements applicable to the sharing of personal data have been met;

– Personal data will not be retained longer than necessary for the purposes for which it was collected, unless the Webshop is legally obliged to retain the data longer;

– You have, among other things, the right to access, correct, erase, restrict the processing of your personal data, object to the processing, or – if applicable – exercise the right to data portability.

Article 13 – Complaints

13.1. 13.1. The Webshop operates a clear complaints procedure. The Webshop handles every complaint in accordance with this complaints procedure.

13.2. 13.2. If you have a complaint about the execution of the Agreement, you must submit it to the Webshop with a full and clear description within two months after you discovered the defect.

13.3. 13.3. The Webshop will respond within 14 days of receipt of the complaint whenever possible. If a complaint requires a longer processing time, you will receive an acknowledgment of receipt within the aforementioned 14-day period, including an indication of when you can expect a more detailed response.

13.4. 13.4. In the event of complaints, you must always contact the Webshop first and explore whether the Webshop can offer you a suitable solution. If the Webshop is a member of WebwinkelKeur and the parties cannot reach a mutual agreement, you may turn to WebwinkelKeur (www.webwinkelkeur.nl). WebwinkelKeur provides free mediation services. You can verify whether the Webshop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/.

13.5. 13.5. If the mediation by WebwinkelKeur does not lead to a solution, you may also submit the complaint to the independent disputes committee appointed by WebwinkelKeur. If you choose to do so, costs may be charged to you.

Article 14 – Governing Law and Jurisdiction

14.1. 14.1. The Agreement is exclusively governed by Dutch law.

14.2. In addition to the possibility of using the complaints procedure described in Article 13, you may submit disputes to the competent Dutch court.