Explanation general terms and conditions

Article 1. General

1. These conditions apply to every offer, quotation and agreement between TVHDesign, hereinafter referred to as: “Service Provider”, and a Client to which the Service Provider has declared these conditions applicable, insofar as the parties have not expressly and in writing deviated from these conditions.
2. The present conditions also apply to agreements with the Service Provider, for the execution of which the Service Provider must involve third parties.
3. These general terms and conditions have also been written for the employees of the Service Provider and its management.
4. The applicability of any purchase or other conditions of the Client is expressly rejected.
5. If one or more provisions in these general terms and conditions are wholly or partially null and void or annulled at any time, the other provisions in these general terms and conditions will remain fully applicable. The Service Provider and the Client will then enter into consultations in order to agree on new provisions to replace the void or annulled provisions, whereby the purpose and scope of the original provisions are taken into account as much as possible.
6. If there is any uncertainty about the interpretation of one or more provisions of these general terms and conditions, the explanation must take place 'in the spirit' of these provisions.
7. If a situation arises between the parties that is not regulated in these general terms and conditions, this situation must be assessed in accordance with the spirit of these general terms and conditions.
8. If the Service Provider does not always require strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that the Service Provider would to any extent lose the right to require strict compliance with the provisions of these conditions in other cases.
9. online delivery conditions apply for online orders via the website . In the event of contradictions between these general terms and conditions and the online delivery conditions, the latter have priority in webshop orders.

Article 2. Quotations and offers

1. All quotations and offers from the Service Provider are without obligation, unless a term for acceptance is stated in the quotation. If no acceptance period has been set, no rights can be derived from the quotation or offer if the product to which the quotation or offer relates is no longer available in the meantime.
2. The Service Provider cannot be held to its quotations or offers if the Client can reasonably understand that the quotations or offers, or any part thereof, contain an obvious mistake or typo.
3. The prices stated in a quotation or offer are exclusive of VAT and other government levies, any costs to be incurred in the context of the agreement, including travel and accommodation costs, shipping and administration costs, unless stated otherwise.
4. If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or offer, the Service Provider is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless the Service Provider indicates otherwise.
5. A composite quotation does not oblige the Service Provider to carry out part of the assignment for a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders.

Article 3. Contract term; execution terms, risk transfer, execution and amendment of the agreement; price increase

1. The agreement between the Service Provider and the Client is entered into for an indefinite period, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.
2. If a term has been agreed or specified for the execution of certain work or for the delivery of certain goods, this is never a strict deadline. If a term is exceeded, the Client must therefore give notice of default to the Service Provider in writing. The service provider must be offered a reasonable period to still implement the agreement.
3. The service provider will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. This is based on the state of science known at that time.
4. The service provider has the right to have certain work carried out by third parties. The applicability of Article 7:404, 7:407 paragraph 2 and 7:409 of the Dutch Civil Code is expressly excluded.
5. If work is carried out by the Service Provider or third parties engaged by the Service Provider in the context of the assignment at the Client's location or a location designated by the Client, the Client will provide the facilities reasonably desired by those employees free of charge.
6. Delivery takes place for service provider. The client is obliged to purchase the goods when they are made available to him. If the client refuses or is negligent with the provision of information or instructions that are necessary for delivery, then the Service Provider is entitled to save the goods for the account and risk of the client. The risk of loss, damage or depreciation is transferred to the client at the time when things are available to the client. For webshop orders the delivery times as stated in the online delivery conditions (Article 16) apply.
7. The service provider is entitled to execute the agreement in different phases and to invoice the part thus executed separately.
8. If the agreement is executed in phases, the Service Provider may suspend the execution of those parts that belong to a subsequent phase until the Client has approved the results of the preceding phase in writing.
9. The Client ensures that all information that the Service Provider indicates is necessary or of which the Client should reasonably understand that it is necessary for the execution of the agreement, is provided to the Service Provider in a timely manner. If the information required for the execution of the agreement has not been provided to the Service Provider in a timely manner, the Service Provider has the right to suspend the execution of the agreement and/or to charge the Client for the additional costs resulting from the delay in accordance with the then customary rates. to take. The execution period does not start until the Client has made the data available to the Service Provider. The Service Provider is not liable for damage of any nature whatsoever because the Service Provider relied on incorrect and/or incomplete information provided by the Client.
10. If during the execution of the agreement it appears that it is necessary to change or supplement it for its proper execution, the parties will adjust the agreement in a timely manner and in mutual consultation. If the nature, scope or content of the agreement, whether or not at the request or instruction of the Client, the competent authorities, etc., is changed and the agreement is therefore changed in qualitative and/or quantitative terms, this may have consequences. for what was originally agreed. As a result, the originally agreed amount can also be increased or decreased. The service provider will provide a price quote in advance as much as possible. Furthermore, the originally stated term of execution may be changed by an amendment to the agreement. The Client accepts the possibility of changing the agreement, including the change in price and term of execution.
11. If the agreement is amended, including a supplement, the Service Provider is entitled to implement it only after approval has been given by the authorized person within the Service Provider and the Client has agreed to the price and other conditions stated for the implementation, including including the time to be determined at which time it will be implemented. Failure to execute the amended agreement or not immediately execute it does not constitute a breach of contract on the part of the Service Provider and is not a reason for the Client to terminate or cancel the agreement.
12. Without being in default, the Service Provider may refuse a request to amend the agreement if this could have consequences in qualitative and/or quantitative terms, for example for the work to be carried out or goods to be delivered in that context.
13. If the Client fails to properly comply with what it is obliged to do towards the Service Provider, the Client is liable for all damage to the Service Provider caused directly or indirectly as a result.
14. If the Service Provider agrees on a fixed fee or price with the Client, the Service Provider is nevertheless entitled at all times to increase this fee or price without the Client being entitled in that case to terminate the agreement for that reason, if the increase of the price arises from a power or obligation under legislation or regulations or is caused by an increase in the price of raw materials, wages, etc. or on other grounds that could not reasonably have been foreseen when entering into the agreement. were foreseeable.
15. If the price increase, other than as a result of a change to the agreement, amounts to more than 10% and takes place within three months after the conclusion of the agreement, then only the Client who is entitled to rely on Title 5 Section 3 of Book 6 of the Dutch Civil Code is entitled to to terminate the agreement by a written statement, unless the Service Provider is then prepared to execute the agreement on the basis of what was originally agreed; if the price increase results from a power or an obligation resting on the Service Provider under the law; if it is stipulated that delivery will take place more than three months after the conclusion of the agreement;
    or, upon delivery of an item, if it has been stipulated that delivery will take place more than three months after the purchase.
16. Once a customized product or service has been implemented, the agreement cannot be canceled free of charge. Costs for work already performed will be charged.
17. If a project is delayed by late feedback, delivery of materials or other customer -related factors, the Service Provider is entitled to postpone the delivery date proportionally without liability.

Article 4. Suspension, dissolution and premature termination of the agreement

1. The Service Provider is entitled to suspend the fulfillment of the obligations or to terminate the agreement if the Client does not fulfill the obligations under the agreement, does not fully or does not fulfill them on time, and after concluding the agreement, the Service Provider becomes aware of circumstances that give good reason to fear that the Client will not fulfill the obligations if the Client was asked to provide security for the fulfillment of his obligations under the agreement when concluding the agreement and this security is not provided or is insufficient or if the delay the Client can no longer expect the Service Provider to fulfill the agreement under the originally agreed conditions. The Client must continue to pay monthly costs until the end date of the agreement has been reached.
2. Furthermore, the Service Provider is entitled to terminate the agreement if circumstances arise that are of such a nature that fulfillment of the agreement is impossible or if other circumstances arise that are of such a nature that unchanged maintenance of the agreement cannot reasonably be expected of the Service Provider. .
3. If the agreement is dissolved, the claims of the service provider are immediately due and payable. If the service provider suspends the fulfillment of the obligations, he will retain his claims under the law and agreement. For webshop orders a right of withdrawal of 14 days as stated in the online delivery conditions (Article 21) applies. This right of withdrawal does not apply to custom services.
4. If the Service Provider proceeds with suspension or dissolution, it is in no way obliged to compensate any damage or costs incurred as a result.
5. If the termination is attributable to the Client, the Service Provider is entitled to compensation for the damage, including the costs, arising directly and indirectly.
6. If the Client fails to fulfill its obligations arising from the agreement and this non-compliance justifies dissolution, the Service Provider is entitled to terminate the agreement immediately and with immediate effect without any obligation on its part to pay any compensation or compensation, while the Client, under of breach of contract, compensation or compensation is required.
7. If the agreement is terminated prematurely by the Service Provider, the Service Provider will, in consultation with the Client, ensure the transfer of work still to be performed to third parties. This unless the termination is attributable to the Client. If the transfer of the work entails additional costs for the Service Provider, these will be charged to the Client. The Client is obliged to pay these costs within the stated period, unless the Service Provider indicates otherwise.
8. In the event of liquidation, (application for) suspension of payments or bankruptcy, seizure - if and insofar as the seizure has not been lifted within three months - at the expense of the Client, debt restructuring or any other circumstance as a result of which the Client can no longer freely has access to its assets, the Service Provider is free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation on its part to pay any compensation or compensation. In that case, the claims of the Service Provider against the Client are immediately due and payable.
9. If the Client cancels a placed order in whole or in part, the work that has been carried out and the goods ordered or prepared for it, increased by any supply, removal and delivery costs thereof and the working time reserved for the execution of the agreement, will be paid in full to be charged to the Client.
10. If a design or production project can be canceled after the quotation but before the start, a cancellation allowance of 30% of the offered costs will be charged. In the event of cancellation after the project has started, the number of hours already worked or costs incurred will be fully charged.

Article 5. Force majeure

1. The Service Provider is not obliged to fulfill any obligation towards the Client if it is prevented from doing so as a result of a circumstance that is not attributable to its fault, and which is not its responsibility under the law, a legal act or generally accepted views.
2. In these general terms and conditions, force majeure means, in addition to what is understood in law and case law, all external causes, foreseen or unforeseen, over which the Service Provider has no influence, but as a result of which the Service Provider is unable to fulfill its obligations. . This includes strikes in the company of the Service Provider or third parties. The Service Provider also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after the Service Provider should have fulfilled its obligation.
3. The service provider may suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to terminate the agreement, without obligation to compensate the other party for damages.
4. Insofar as the Service Provider has already partially fulfilled its obligations under the agreement at the time of the occurrence of force majeure or will be able to fulfill them, and independent value is attached to the fulfilled or to be fulfilled part, the Service Provider is entitled to the part already fulfilled or to be fulfilled. to be invoiced separately. The Client is obliged to pay this invoice as if it were a separate agreement.
5. The service provider is dependent on third parties such as Google, BING, Yahoo and is in no way responsible for declining website positions. Service provider does everything within current knowledge and acts accordingly. The service provider cannot therefore be held responsible for lost income as a result of a decrease in positions in the search engines.

Article 6. Payment and collection costs

1. Payment must always be made within 4 days after the invoice date, in a manner to be specified by the Service Provider in the currency in which the invoice was issued, unless otherwise indicated in writing by the Service Provider. The service provider is entitled to invoice periodically.
2. If the Client fails to pay an invoice on time, the Client will be in default by operation of law. The Client then owes interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the due and payable amount will be calculated from the moment that the Client is in default until the moment of payment of the full amount due.
3. The Service Provider has the right to have payments made by the Client firstly deducted from the costs, then from the accrued interest and finally from the principal amount and current interest. The Service Provider may, without being in default, refuse an offer of payment if the Client designates a different order for the allocation of payment. The service provider may refuse full repayment of the principal amount if the outstanding and ongoing interest and collection costs are not also paid.
4. The Client is never entitled to set off any amounts owed by him to the Service Provider. Objections to the amount of an invoice do not suspend the payment obligation. The Client who is not entitled to rely on section 6.5.3 (Articles 231 to 247, Book 6 of the Dutch Civil Code) is also not entitled to suspend payment of an invoice for any other reason.
5. If the Client is in default in the (timely) fulfillment of its obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the Client. The default of the Client who is a natural person who is not acting in the exercise of a profession or business (private client) commences after he has been reminded to pay within fourteen days after the day of the reminder and payment is not made. The reminder also indicates the consequences of failure to pay. The extrajudicial costs are calculated based on what is customary in Dutch debt collection practice. However, if the Service Provider has incurred higher costs for collection that were reasonably necessary and the Client is not a natural person who does not act in the exercise of a profession or business (business client), the actual costs incurred are eligible for reimbursement. Any legal and enforcement costs incurred will also be recovered from the Client. The Client also owes interest on the collection costs owed.
6. For online purchases via the website, payment must be made directly upon order, as stated in the online delivery conditions (Article 14).

Article 7. Retention of title

1. Everything delivered by the Service Provider in the context of the agreement remains the property of the Service Provider until the Client has properly fulfilled all obligations under the agreement(s) concluded with the Service Provider.
2. The goods supplied by the Service Provider, which are subject to retention of title pursuant to paragraph 1, may not be resold and may never be used as a means of payment. The Client is not authorized to pledge or encumber in any other way the property falling under the retention of title.
3. The Client must always do everything that can reasonably be expected of him to safeguard the ownership rights of the Service Provider. If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereto, the Client is obliged to immediately inform the Service Provider of this. The Client furthermore undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection to the Service Provider upon first request. In the event of any insurance payment, the Service Provider is entitled to these payments. To the extent necessary, the Client undertakes in advance to the Service Provider to cooperate in everything that may (prove to) be necessary or desirable in that context.
4. In the event that the Service Provider wishes to exercise its ownership rights referred to in this article, the Client gives in advance unconditional and irrevocable permission to the Service Provider and third parties to be designated by the Service Provider to enter all those places where the property of the Service Provider is located and to take them back. .

Article 8. Guarantees, research and complaints, limitation period

1. The items to be delivered by the Service Provider meet the usual requirements and standards that can reasonably be imposed on them at the time of delivery and for which they are intended for normal use in the Netherlands. The warranty mentioned in this article applies to items intended for use within the Netherlands. When used outside the Netherlands, the Client must verify whether the use thereof is suitable for use there and meets the conditions set. In that case, the service provider may impose other warranty and other conditions with regard to the goods to be delivered or work to be carried out.
2. The guarantee referred to in paragraph 1 of this article applies for a period of 1 month after the provision of services, unless the nature of the services provided dictates otherwise or the parties have agreed otherwise. If the warranty provided by the Service Provider concerns an item that was produced by a third party, the warranty is limited to that provided by the manufacturer of the item, unless stated otherwise.
3. Any form of warranty will lapse if a defect has arisen as a result of or results from improper or improper use thereof or use after the expiry date, incorrect storage or maintenance thereof by the Client and/or by third parties when, without written permission from the Service Provider, the Client or third parties have made or attempted to make changes to the item, other items have been attached to it that do not need to be attached to it or if they have been processed or edited in a manner other than the prescribed manner. The Client is also not entitled to a warranty if the defect is caused by or is the result of circumstances over which the Service Provider has no influence, including weather conditions (such as, but not limited to, extreme rainfall or temperatures), etc.
4. The Client is obliged to inspect the delivered goods immediately when the goods are made available to him or the relevant work has been carried out. The Client must investigate whether the quality and/or quantity of the delivered goods corresponds to what has been agreed and meets the requirements that the parties have agreed in this regard. Any visible defects must be reported to the Service Provider in writing within seven days of delivery. Any invisible defects must be reported in writing to the Service Provider immediately, but in any case no later than fourteen days after discovery. The report must contain as detailed a description as possible of the defect, so that the Service Provider is able to respond adequately. The Client must give the Service Provider the opportunity to investigate a complaint.
5. If the Client submits a complaint in a timely manner, this does not suspend his payment obligation. In that case, the Client also remains obliged to purchase and pay for the other items ordered and what he has instructed the Service Provider to do.
6. If a defect is reported later, the Client will no longer be entitled to repair, replacement or compensation.
7. If it has been established that an item is defective and a complaint has been made in this regard in a timely manner, the Service Provider will return the defective item within a reasonable period of time after receipt thereof or, if return is not reasonably possible, written notification of the defect by the Client, at the discretion of the Service Provider. , replace or ensure its repair or pay replacement compensation for this to the Client. In the event of replacement, the Client is obliged to return the replaced item to the Service Provider and to provide ownership thereof to the Service Provider, unless the Service Provider indicates otherwise.
8. If it is established that a complaint is unfounded, the costs incurred as a result, including the research costs incurred by the Service Provider, will be fully borne by the Client.
9. After the warranty period has expired, all costs for repair or replacement, including administration, shipping and call-out costs, will be charged to the Client.
10. Notwithstanding the statutory limitation periods, the limitation period for all claims and defenses against the Service Provider and third parties involved by the Service Provider in the execution of an agreement is one year.
11. Service provider offers no guarantee on the quality of products produced by third parties on the basis of the designs or technical specifications supplied by service provider. Any defects in production must be resolved directly with the manufacturer, unless otherwise agreed.

Article 9. Liability

1. If the Service Provider is liable, this liability is limited to what is regulated in this provision.
2. The Service Provider is not liable for damage of any nature whatsoever caused by the fact that the Service Provider relied on incorrect and/or incomplete information provided by or on behalf of the Client.
3. If the service provider should be liable for any damage, then the liability of the service provider is limited to a maximum of twice the invoice value of the order, at least to that part of the order to which the liability relates. For webshop orders, liability is limited to the purchase price of the product, as described in the online delivery conditions (Article 23).
4. The liability of the Service Provider is in any case always limited to the amount of the payment from its insurer, as the case may be.
5. The service provider is only liable for direct damage.
6. Direct damage exclusively means the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions, any reasonable costs incurred to remedy the Service Provider's inadequate performance of the agreement. to have this answered, insofar as these can be attributed to the Service Provider, and reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions. The service provider is never liable for indirect damage, including consequential damage, lost profits, missed savings and damage due to business stagnation.
7. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of the Service Provider or its managerial subordinates.
8. The service provider is not liable for color deviations or technical errors in printed or produced materials if the client has received an approval test and has confirmed it.

A rticle 10. Indemnification

1. The Client indemnifies the Service Provider against any claims from third parties who suffer damage in connection with the execution of the agreement and the cause of which is attributable to parties other than the Service Provider. If the Service Provider is held liable by third parties for this reason, the Client is obliged to assist the Service Provider both extrajudicially and in court and to immediately do everything that may be expected of him in that case. If the Client fails to take adequate measures, the Service Provider is entitled to do so itself without notice of default. All costs and damage incurred by the Service Provider and third parties as a result are entirely at the expense and risk of the Client.

Article 11. Intellectual property 

1. The Service Provider reserves the rights and powers vested in it under the Copyright Act and other intellectual laws and regulations.
2. The Service Provider has the right to use the knowledge acquired through the execution of an agreement for other purposes, provided that no strictly confidential information of the Client is made known to third parties.
3. Service provider reserves the right to use the designs, projects and other creative work realized in the context of the Agreement for promotional purposes, including inclusion in his portfolio, website, social media and other means of communication.
4. If a client wishes exclusive rights to a draft, this must be agreed in writing in a separate license or transfer agreement. All intellectual property rights remain with service provider as standard.

Article 12. Electronic Communications

1. By using our website, you accept that communication with us will be primarily electronic. We will contact you by email or provide you with information by posting notices on this website.
2. For contractual purposes, you agree to receive communications from us electronically (to the most recent email address you have provided to us) and agree that all agreements, notices, disclosures and other communications that we provide to you electronically comply comply with any legal requirement that such communications be in writing.

Article 12. Applicable law and disputes

1. All legal relationships to which the Service Provider is a party are exclusively governed by Dutch law, even if an obligation is fully or partially performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
2. The judge in the place of business of the Service Provider has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise. Nevertheless, the Service Provider has the right to submit the dispute to the competent court according to the law.
3. Parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.

Article 13. Location and change of conditions

1. These terms and conditions have been filed with the Chamber of Commerce in Groningen and can be found at tvhdesign.com/algemene-voorwaarden
2. The most recently filed version or the version that applied at the time the legal relationship with the Service Provider was established always applies.
3. The Dutch text of the general terms and conditions is always decisive for the interpretation thereof.
4. These terms and conditions are governed by Dutch law. Both you and TVH Design VOF agree to submit to the non-exclusive jurisdiction of the Dutch courts.

These delivery conditions explain how we treat your Online order, your rights and our obligation to you with regard to delivery.

Article 14. Ordering and payment

1. Orders are subject to required stock availability. Items that you add to your shopping cart on the Site are not reserved for you and are available for sale to other customers browsing the Site at the same time. Stock will be reserved for you once you have placed your order and the sale is complete once the order has shipped from our warehouse and you receive a shipping confirmation email.
2. We accept payments with Visa, Mastercard, American Express, Maestro, Maestro International, Visa Electron and Apple Pay. We use payment provider Mollie to process payments. By placing an order with us, you acknowledge that we will share your personal information and payment details with these providers. For customized assignments and business quotations, a payment term of 4 days applies, as stated in the General Terms and Conditions (Article 6).
3. Payments for all orders are subject to fraud and card issuer checks. By submitting a payment through the Site, you consent to such checks as required. For your own security, the billing name, address and phone number must match those of the payment card when using a credit/debit card. We reserve the right to cancel any order that does not meet these criteria.
4. By placing your order on our site, you confirm that the credit/debit card is yours or that you have the cardholder's authority to make payment.
5. We reserve the right to refuse payment and orders for customers who are not 18 years of age or older, or for any order in our sole discretion. If we are unable to accept your order, we will notify you by email and we will refund the amount you have paid to us.
6. Goods may differ slightly from their photos. While every effort has been made to display the colors accurately, we cannot guarantee that the display of the colors on a device will accurately reflect the color of the goods.
7. For customized products and services, such as design consultancy, tech packs, branding or textile production, deviating conditions apply. These are specified in the quotation or order confirmation and are not covered by the return policy.

Article 15. Prices

1. We regularly check prices on our website, but if we discover that the price has changed or there has been a pricing error when we received your order, we will contact you and ask if you wish to proceed with your purchase at the right price. If you confirm that you wish to continue, your confirmation constitutes a new order for us. Please note that the sale is not complete until we have shipped the goods from our warehouse and sent you a shipping confirmation email.
2. The prices on our website include VAT in the EU and the UK. Prices shown do not include delivery charges, although all orders over €150 / $175 / £150 qualify for free standard shipping. If your order does not qualify for free standard shipping, or if you choose to pay for express mail (UPS, DHL), the delivery charges will be shown to you and confirmed by you when placing the order.

Article 16. Delivery times

1. We will send the goods to you as soon as possible after you have placed your order, normally within 2 working days, except in the case of pre -ordered goods that have a longer lead time for shipment, as indicated at the time of ordering. We do not ship goods during the weekend or on public holidays. If we cannot send the goods within that time, we will send you an e-mail as soon as possible to inform you and give you an estimated delivery date. If you are not satisfied with the estimated delivery date, you can cancel your order and you will receive a full reimbursement. For customized products and assignments, the delivery times as stated in the General Terms and Conditions (Article 3) apply.
2. We will always try to deliver your goods within the time frames shown on our website, but are not responsible for delays in delivery which are beyond our control. All specified delivery times relate to normal working days and exclude public holidays. We will contact you if your delivery is delayed for reasons beyond our control, and if you wish you can cancel your order and receive a refund for the items you have not yet received.
3. In Europe we ship goods with DPD and DHL. In the US and all other international destinations, we ship goods with DHL.
4. You are responsible for the goods once they are delivered to you. If a package is damaged, you must report this to us on the next working day after delivery no later than 5 p.m. your order number or order number.

Article 17. Customs charges

1. You do not have to pay import duties if you are in the EU. We ship orders to the Norway, USA, Canada, Japan and Switzerland with any import duties paid by us, so you will not have to pay any additional fees before you receive your item.
2. For other worldwide destinations, your local customs authority may charge import duties and clearance fees. By placing your order, you acknowledge that it is your responsibility to pay these charges to the carrier before your package can be delivered to you.
3. If you return an item to us for a refund, we will refund the amount you paid to us, but not the customs fees you paid to the carrier or your local customs authority.

Article 18. Return and cancellation

1. We want you to be happy with your design or purchase from us. If you are not satisfied with the goods in any way, you can send us an email as a company to administratie@tvhdesign.com and as a consumer to customer service@tvhdesign.com stating your order number or order number.
2. Nothing in these Terms of Trade is intended to affect your legal rights.

Article 19.1. These rights include:

1. that all designs, printed matter, goods supplied by us are/are suitable for the intended purpose and are of sufficient quality and comply with the description given. If goods are defective you have the right to cancel within a certain period and receive a full refund.
2. If for any reason you are not satisfied with your proofs, goods, in addition to your statutory rights, we offer you the right to cancel your order, return the goods to us and receive a full refund to your original method of payment. Provided you have not used, worn, washed or otherwise damaged or altered the goods and you return the goods to us within 30 days of the confirmed delivery date in the same condition in which you received them.
3. You are required by law to take reasonable care of the goods while they are in your possession.
4. If you decide to return the goods, you should send us an email to administratie@tvhdesign.com to start the return process. We will provide you with a pre-paid shipping label to return the items to us and a returns form for you to include in the package. You must repack the items in the original packaging to protect them during transportation.
5. All refunds under our 30 day return policy will be made within 5 days of receipt of the returned goods. We can only issue refunds to the payment card or payment method you originally paid with, or to PayPal if you used it for your original payment. If you return an item to us for a refund, we will refund the amount you paid to us, but not the customs fees you paid to the carrier or your local customs authority.
6. Refunds are not possible for TVH Design discount codes that you have received from our marketing. Your right of return and cancellation, as explained above, is without prejudice to your local statutory right of cancellation.

Article 20. Returning defective products

1. All our items are produced according to the highest quality standards, but manufacturing errors can still occur. If your goods are defective or do not objectively meet the description on the website, please contact us as soon as possible at customerservice@tvhdesign.com so that we can make this right for you.
2. If you contact us within six months of placing your order, you can choose from the following options: a replacement item (if in stock); an exchange for another item or items of the same value or a discount code for the amount you paid for the defective item.; or a refund.
3. When we issue a refund, exchange or a discount code due to a faulty item, this will cover the value of your order for those goods, including any delivery charges you paid to us (unless you have kept other items that were paid for at the same time). Damage due to prolonged or excessive use is not considered a manufacturing defect.

Article 21. Your cancellation rights

1. You as a customer are called the right to cancel orders for online purchased goods during the period of 14 working days, starting with the day after the day you received the goods and to receive a refund. Customers outside the EU have 14 days to cancel orders under these rights. If you want to rely on your legal rights, you are obliged to pay us the costs for returning the cancelled items. This right of withdrawal does not apply to customized products and customized services , as stated in the general terms and conditions (Article 4).
2. All refunds will be made within 30 days of notice of cancellation. If you terminate the order for any reason after the goods have been dispatched to you or you have received them, you must return them to us in accordance with the return instructions above. If you exercise your rights, you must return the goods within 14 days of informing us that you wish to end the contract.
3. Services that are supplied digitally, such as graphic designs, customized patterns, digital textile designs or tech packs, cannot be returned or canceled after delivery, unless otherwise agreed.

Article 22. Exchange

1. Send an e-mail as a company to administratie@tvhdesign.com and as a consumer to customerservice@tvhdesign.com stating your order number or order number if you want to exchange your order. We will respond within 2 business days to confirm if your new order is still available. We have limited stock available, so unfortunately we cannot guarantee that you will be able to exchange your goods for the item you want.
2. If we have the item available, please follow the procedure above to return the goods to us. Once we have received the returned goods, we will send your chosen item free of charge. If we no longer have the item available, you must return the goods as set out above and we will issue a refund in accordance with the terms set out above.

Article 23. Limitations of Our Liability to You

1. Nothing in these trade conditions will limit or limit your legal rights or exclude our liability: for fraud, fraudulent presentation of affairs or our gross negligence or the gross negligence of our employees, for every issue for us it would be illegal to express our liability for us close or try. General Terms and Conditions apply to customized assignments and business projects .

Barring cancellation, and unless prohibited by your local law, these terms of business will not:

2. Making us responsible for any damage or loss caused to you where such damage or loss is not reasonably foreseeable by you and us when you agree to these Terms of Business, including where the damage or loss results from our breach of these terms and conditions of
   us responsible for any damage or loss caused to you if you do not enter into these terms of trade as a consumer (as defined by your local law).
3. Our total liability to you for any loss or damage arising in connection with these Terms of Business is limited in respect of any claim to the quote price or purchase price of your order, order or orders.
4. We will not be responsible for any delay or failure to perform our obligations under these Terms of Business if the delay or failure results from an event beyond our control. Such events include, without limitation, infrastructure failure, government intervention, war, civil commotion, hijacking, fire, flood, accident, storm, strike, lockout, terrorist attack or industrial action affecting us or our suppliers.

Article 24. Electronic Communications

1. The conditions mentioned under article 12.1 / 12.2 of the general terms and conditions apply here!

 

What is covered by this privacy policy?

This policy applies to all personal information and Analytics data collected, used and disclosed by the TVH Design, whether online (e.g. via email or an online program), in person (e.g. through physical activity readiness questionnaires), evaluations or ratings, actual usage data or your feedback) or otherwise received from you (e.g. letters, over the phone, through interaction with our mobile applications or other online properties, any other part of the TVH Design Platform or surveys / questionnaires).

Unless agreed otherwise, this policy also applies to information about you that is passed on by TVH Design to its customers, relations, such as your employer. Other third parties, such as social networks you use in connection with the TVH Design platform, may also collect, use and share information about you. We encourage you to read the privacy policies of each of those sites to understand how your information is used or shared by those third parties.

Your order, purchase of goods through this website is subject to and governed by the terms of business, website terms of use, privacy policy and cookie policy set out on this page, which you should read before placing an order or placing an order. place order.

Changes to this Privacy Policy

We may update our privacy policy from time to time. All changes will take effect immediately, unless local law requires a minimum duration for revisions to take effect.

Permitted use of the website and restrictions

You will not post, publish, reproduce, transmit, distribute or otherwise view, use or exploit the website in any way that:

1. Is in violation of these website terms
2. Violate any applicable law, rule, ordinance or order
3. Our website may damage, disable, overburden or impair or interfere with any other party's use and enjoyment of the website.

You will not in any way transmit, distribute, introduce or otherwise make available through the Website any computer virus, including keyloggers, spyware, worms, Trojans, time bombs or other malicious or harmful programming through the Website.

While we take all reasonable steps to ensure that the website is free of viruses, we cannot guarantee that this will always be the case. If you download any software or other content from the website, you do so at your own risk.

You are not allowed:

Use the website in connection with requesting, collecting, obtaining or storing personal information, passwords, account information or information about other users of the website.
Use any data mining, robots or similar tools to collect and extract data in connection with the website. Modify the information on the website in any way or reproduce or publicly display, perform or distribute such information or otherwise use it for any public or commercial purpose, remove any copyright, trademark or other proprietary notices from the website.

The website and all text, audio, video, images, music, images, graphics, information, content and other material displayed on or downloadable from the website are owned or used with permission by TVH Design, its licensors. or its content providers and are protected by copyright, trademark and other laws and may be used only as permitted in these website terms or with the prior written consent of the owner of such material.

Any unauthorized use of such information may violate copyright laws, trademark laws, privacy and publicity laws, and other laws, rules, and regulations.

Accuracy of information

While we try to ensure that the information on the website is complete, accurate and current, we do not guarantee the completeness, accuracy or timeliness of any information on the website.

Trademarks

Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the website are registered or unregistered trademarks, trade names or service marks owned by TVH Design. Other trademarks, trade names and service marks used or displayed on the website are the registered or unregistered trademarks, trade names or service marks owned by their respective owners and used with permission from TVH Design.

Nothing on any of the Websites confers or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, or logos displayed on any of the Websites without our written permission or the written consent of such third party owner.

Link to the website

You can link to our website from another website. All links to our website must comply with all applicable laws, rules and regulations and all applicable TVH Design policies, and we reserve the right to prohibit any link at any time.

It is not permitted to display our website or any information displayed on our website in frames or similar means on any other website without our prior written consent.

Third Party Links

Our website may contain links to third party websites that we do not own, operate or control. We are not responsible for any content or other information located on or accessible from any third party site. We also do not endorse, warrant or make any representations or warranties regarding any third party websites, or any content or other information located on or accessible through them. If you decide to access any third party website linked from our website, you do so entirely at your own risk!

Public forums

Any information you disclose in public areas, website or other online system operated by TVH Design (or, of course, the Internet in general) may become public information. You should be careful when deciding to disclose personal information in such areas!

Disclaimers

Your use of the website is at your own risk! The content or any services offered in connection with the website are provided "as is" without warranty of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. We do not guarantee the accuracy or completeness of the website or any content, information or services offered or made available on it. The website may be out of date and we make no commitment or assume any obligation to update the website.

Limitations of Liability

We assume no responsibility and shall not be liable for any damage to or viruses that may infect your computer system, telecommunication equipment or other property caused by or arising out of your access to, use of or browsing of the website or your website. downloading any content and information from the website.

In no event shall we, our respective officers, directors, employees, shareholders, affiliates, parent companies, agents, successors, assigns, trading partners, nor any party involved in the creation, production or transmission of the website be liable to any party for any party. indirect, special, punitive, incidental, consequential or other damages of any kind (including but not limited to damages resulting from lost profits, lost data or business interruption) arising out of the use, inability to use or results of the use of the website, any website linked to the website, or the content, information or services on any or all such websites, whether based on warranty, contract, tort (including negligence) or any other legal theory and all or not advised of the possibility of such damages.

The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please check your local law for such prohibitions.

In the event of a problem with any of the website or its content, you agree that your sole remedy is to stop using the website. Nothing in these website terms shall limit or exclude, or purport to limit or exclude, our liability for death or personal injury resulting from our negligence or for fraud.

The above disclaimers do not apply to products covered in our Terms of Trade.

disclaimer

Unless prohibited by applicable local mandatory law, you agree to indemnify and hold us, our respective officers, directors, employees, shareholders, affiliates, parent companies, agents, successors, assigns and trading partners harmless from and against any loss, expense , damages or expenses (including reasonable attorneys' fees and legal costs) incurred in connection with any third party claim, demand or action arising out of or related to your violation of these Website Terms.

If you are required to indemnify us hereunder, we may, in our sole discretion, manage the defense and settlement of such claims at our own expense and expense. Without limiting the foregoing, you may not settle, compromise, or otherwise remove any third party claim without our consent.

Choice of Law and Jurisdiction

These Website Terms and any contracts based thereon shall be governed by and construed in accordance with the laws of the Netherlands and EU and any dispute arising therefrom shall be subject to the non-exclusive jurisdiction of the Dutch courts. Notwithstanding the foregoing, nothing in these Website Terms shall limit or exclude, or purport to limit or exclude, any legal rights granted to you under local law (in particular consumer protection laws) which shall remain unaffected and remain in full force and effect.

Termination

We may suspend or terminate your use of the website at any time for any reason or no reason. We reserve the right to change, suspend or discontinue all or any part of the website at any time without notice.

Legal rights

Nothing in these Website Terms shall limit or exclude, or purport to limit or exclude, any legal rights granted to you under local law (in particular consumer protection laws) which shall remain unaffected and in full force and effect.

What rights you have over your data

If you have an account on this site or have left comments, you can request an export file of the personal information we hold about you, including any information you have provided to us. You can also request that we delete any personal data we hold about you. This does not include any data that we are required to keep for administrative, legal or security purposes.

Contact information

If you have any questions about this policy, please contact us. Dutch law provides that residents of the Netherlands have the right to ask companies to tell them how their personal information has been shared with third parties, if at all, for the third parties' direct marketing purposes. For such a request, please contact us using the following contact details.

TVH Design | Little Fox 5 | 8472 CC Wolvega | Netherlands | info@tvhdesign.nl

Comments

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We collect the data shown in the comment form, visitor's IP address and browser user agent to help spam detection. An anonymized string created from your email address (also called a hash) may be sent to the Gravatar service if you use it.

After your comment has been approved, your profile picture will be publicly visible in the context of your comment. Media If you are a registered user and upload images to the site, you should avoid uploading images containing EXIF ​​GPS location data. Visitors to the website can download the images from the website and view the location data where we send your data. Visitor comments may be checked through an automated spam detection service. Your contact information

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Login Cookies

Login cookies are valid for 2 days and screen options cookies are valid for 1 year. If you select “Remember me”, your login will be saved for 2 weeks.

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Posts on this site may contain embedded (embedded) content (for example, videos, images, messages, etc.). Embedded content from other websites behaves exactly the same as if the visitor had visited this other website. These websites may collect data about you, use cookies, embed third-party tracking, and monitor your interaction with that embedded content, including monitoring your interaction with the embedded content if you have an account and are logged in to that website.