General Terms And Conditions
Article 1. Applicability
1.1 These General Terms and Conditions of Sale (hereinafter: Terms and Conditions) apply to all offers, orders and agreements of Festicap, to the exclusion of any other general terms and conditions.
1.2 Accepting an offer or placing an order means that you accept the applicability of these Conditions.
1.3 The provisions of these terms and conditions can only be deviated from in writing, in which case the other provisions remain in full force.
Article 2. The offer
2.1 If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2.2 The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If Festicap uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer are not binding for Festicap.
Article 3. Offers / agreements
3.1 All offers from Festicap are without obligation and Festicap expressly reserves the right to change prices, in particular when this is necessary on the basis of (legal) regulations.
3.2 An agreement is only concluded after acceptance of your order by Festicap. Festicap is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Festicap will communicate this within ten (10) days after receipt of the order.
Article 4. Prices and payments
4.1 The prices stated for the products and services offered are in Euros, including VAT and excluding any shipping costs, taxes or other levies, unless stated otherwise or agreed in writing.
4.2 If you pay by giro collection form, payment must be made without discount or compensation within fourteen (14) days after the invoice date, unless otherwise agreed in writing.
4.3 When paying by bank or giro, the date of payment is the date of crediting the giro or bank account of Festicap.
4.4 If you are in default of any payment before Festicap has delivered a service or product, Festicap is entitled to suspend or dissolve (the performance of) the relevant agreement and related agreements.
4.5 If you are in default of any payment by exceeding the payment term after Festicap has delivered a service or product, Festicap is entitled to send a reminder with a payment term of 14 days. If this payment term is exceeded, Festicap is entitled to charge collection costs in accordance with WIK (Incasso Costs Act).
Article 5. Retention of title
5.1 The ownership of the delivered products is only transferred if you have paid all that you owe to Festicap under any agreement. The risk with regard to the products is already transferred to you at the time of delivery.
5.2 3D models made by Festicap in all cases remain the property of Festicap, unless stated otherwise in the agreement.
Article 6. Intellectual and industrial property rights
6.1 You must fully and unconditionally respect all intellectual and industrial property rights that rest on the products supplied by Festicap.
Article 7. Complaints and liability
7.1 The products of Festicap have a warranty period of 3 months. This warranty applies if the purchased product is defective within this period without the involvement of you or third parties. If afterwards it appears that the cause lies with you or third parties, the warranty of the product cannot be recovered from Festicap and any additional costs will be recovered from you. If it is demonstrated that the products do not comply with the agreement, Festicap has the choice to replace the products concerned by returning them with new products or to refund the invoice value thereof.
7.2 On the products of manufacturers of which Festicap serves as supplier, the warranty that applies to the relevant products depends on the conditions set by the manufacturer of the product. Festicap cannot be held liable for defects to the product that have not been produced by Festicap.
7.3 Exceeding the delivery period does not entitle you to compensation or the right to cancel your order or to dissolve the agreement, unless the delivery period is exceeded to such an extent that you cannot reasonably be expected to maintain the agreement. In that case you are entitled to cancel the order or to dissolve the agreement insofar as necessary.
7.4 If a non-traceable shipment is not delivered, this must be reported in good time. This is possible up to 30 days after the shipment date. Once this term is exceeded, Festicap cannot be held liable for non-delivery of the shipment.
Article 8. Orders / communication
8.1 For misunderstandings, mutilations, delays or improper transmission of orders and communications as a result of the use of the Internet or any other means of communication in the traffic between you and Festicap, or between Festicap and third parties, insofar as it pertains to the relationship between you and Festicap, Festicap is not liable, unless and insofar as there is intent or gross negligence on the part of Festicap.
Article 9. Force majeure
9.1 Without prejudice to its other rights, in case of force majeure Festicap has the right, at its option, to suspend the execution of your order, or to dissolve the agreement without judicial intervention, by notifying you in writing. and this without Festicap being obliged to pay any compensation, unless this would be unacceptable in the given circumstances by standards of reasonableness and fairness.
9.2 Force majeure is understood to mean any shortcoming that cannot be attributed to Festicap, because it cannot be attributed to Festicap's fault and cannot be attributed to it by law, legal act or generally accepted beliefs.
Article 10. Miscellaneous
10.1 If Festicap permits deviations from these Terms and Conditions, tacitly or otherwise, for a short or longer period of time, this will not affect its right to demand immediate and strict compliance with these Terms and Conditions. You can never assert any right based on the fact that Festicap applies these Conditions flexibly.
10.2 If one or more of the provisions of these Conditions or any other agreement with Festicap should be in conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a new legally permissible comparable provision to be determined by Festicap. .
10.3 Festicap is authorized to make use of third parties in the execution of your order (s).
10.4 Only the name, street, house number, zip code, city and possibly country are noted on shipping packaging. Other information or comments are not noted on the shipping packaging.
10.5 Festicap cannot be held liable for non-delivery of orders due to the actions of third parties or for incorrectly indicating the shipping address.
10.6 Costs for any return of products can under no circumstances be recovered from Festicap.
Article 11. Conditions for universal bottle cap as a product, including all variants (hereinafter referred to as 'Festicap').
11.1 The Festicap is not an original cap and is therefore not 100% waterproof on all bottles. It is possible that the Festicap will leak a minimal amount of liquid during correct use. Festicap cannot be held responsible for leakage of liquids through the Festicap.
11.2 Festicap cannot be held liable for damage due to leaks of the Festicap.
11.3 Festicap cannot be held liable for misuse of the Festicap, as well as the ingestion of the Festicap by authorized persons.
11.4 Resale of Festicaps is only permitted by persons and / or authorities authorized by Festicap. Festicap reserves the right to terminate this authority at any time.
11.5 Festicap is a registered trademark. Festicaps may not be indicated and / or made available under other (brand) names.
11.6 Exchange of Festicaps or refund of the purchase amount of the Festicaps purchased by you or third parties is not possible due to hygiene risks once the shipping packaging and / or envelope has been opened.
11.7 The Festicaps returned to Festicap will be destroyed at all times, provided the shipping packaging / envelope has been opened.
11.8 Festicaps are not dishwasher safe and cannot be exposed to temperatures above 50ºC without causing permanent damage to the Festicap.
Article 12. Applicable law and competent court
12.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, including these Conditions, are exclusively governed by Dutch law.
12.2 All disputes between parties will be submitted exclusively to the competent court in the Netherlands.