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Terms and conditions

Terms and conditions

Article 1: Definitions

1.1 Custtom: owned and operated by De Voogt B.V. (equiv. of Limited), registered at the Chamber of Commerce in Utrecht, the Netherlands, under number 30229270.

Customer: individual or organisation of any legal entity who assigns Custtom to produce a canvas print, as supplied by the customer, on a wooden frame.

All orders are printed as specified in the order details submitted by the user.

The customer's billing and shipping information will appear on the order review and confirmation page as well as the invoice/receipt after an order is placed. Customers are responsible for reviewing and ensuring Custtom receives the complete and correct address information for shipping purposes. Custtom and its owner(s) are not responsible for items such as photos or CDs that are lost during shipping.

All digital image files submitted must be in JPG or PNG, supplied online or on CD.

Customers are responsible for ensuring their image's resolution is suitable for printing.

Customers should refer to Custtom' instructions on the website for advice on preparing image files.

Payment is required in full prior to processing orders.

All prices include formatting, getting image ready for print, and delivery.

Stretched and mounted prints apply to canvas prints on wooden frames only.

Article 2: Applicability

2.1 These Terms and Conditions apply to the realisation, content and compliance of all agreements between Custtom and the customer, also called both parties.

2.2 Custtom explicitly excludes delivery conditions of the customer, unless separately agreed in writing.

2.3 All other terms and conditions remain valid with agreement on supplements or modifications.

2.4 The customer accepts these terms and conditions as he orders and is aware of its contents, provided Custtom has correctly informed the customer.

Article 3: Agreements and offers

3.1 All offers are in Euro, including VAT, packaging and other levies as imposed by authorities, unless explicitly agreed otherwise.

3.2 Offers made by Custtom are without obligations, unless explicitly indicated otherwise.

3.3 The agreement is in force the moment the customer orders one or more products using the digital form on this website and has received confirmation of the order, either electronically or in writing.

3.4 Offers do not automatically apply to additional and/or future orders.

Article 4: Force Majeure

4.1 In case Custtom cannot deliver in observance of the agreement due to force majeure, it will notify the customer in writing at the earliest opportunity, without obligation for compensatory or return payment.

4.2 In case of delay of over 30 office days, the customer is entitled to end the agreement by registered mail, Custtom not being obliged to compensate or reimburse the customer.

4.3 Deficiencies on the part of Custtom in compliance of the agreement are not attributable to the company if not attributable to liability on its part, nor by Law, the agreement, or commonly accepted existing business practice.

4.4 Force Majeure exists in case of: Overdue or unacceptable quality of delivery of material (digital photos, illustrations) by the customer; Overdue or unacceptable quality of one or more suppliers; Partial or complete stagnation of the production process of supplier, and/or strikes or exclusions in the company of whom goods or raw material and products are to be involved; Riots or other irregularities that impede a timely delivery in keeping with the Terms and Conditions.

4.5 Above mentioned and other similar circumstances are not attributable to Custtom and do not entitle the customer to dissolution of the agreement, reimbursement or compensatory payment.

4.6 The above and other similar circumstances will be treated as not attributable to Custtom and do not entitle the buyer to cancel the sales or seek compensation.

Article 5: Delivery

5.1 The customer provides correct and complete delivery name and street address details.

5.2 The customer fully incurs cost and/or damage to Custtom caused by supply of incorrect address details.

5.3 Post Box addresses are not accepted.

5.4 Custtom is committed to comply to the delivery term. However, the delivery term is indicative and not finite, unless otherwise agreed.

5.5 In case of delay Custtom will contact the customer to agree on a new delivery date.

5.6 Should a finite term have been agreed on, substantial modifications made by the customer after the assignment annuls the agreed explicit term of delivery.

5.7 Liability or risk of damages to the products supplied by Custtom, is transferred to the customer the moment the product is delivered to him or to third parties assigned by the customer.

Article 6: Supply of pictures/digital information

6.1 The customer declares to be familiar with the production process of the product.

6.2 The customer cannot claim product liability following use or application of the information delivered.

6.3 Custtom expects the execution of an assignment by Custtom to be in observance of copyrights and laws in Ireland and the United Kingdom. The customer accepts Custtom to be entitled to make such a copy or multiplication. The customer fully exonerates Custtom in this matter.

6.4 The customer accepts that the properties of the provided material may change, such as colour, contrast, clarity, sharpness and graphical display.

Article 7: Packaging

7.1 Necessary packaging is included in the price and packaging cannot be returned. Custtom judges the necessity of packaging. Damage to packaging is not considered damage to the product and Custtom is not liable for damage to packaging due to transport.

Article 8: Payment

8.1 The customer is expected to pay within 14 days of ordering, as indicated in the order confirmation, and in the currency stated in the order confirmation.

8.2 The term of 14 days is finite. The customer is in neglect when paying late, without necessary proof of default.

8.3 Custtom will do everything in its abilities to be of service to the customer. In the most unlikely event, it is entitled to suspend delivery, even when a finite term has been agreed on. Custtom is not be held in neglect in case of such a late/postponed delivery. Custtom handles the order the moment the term of payment of 14 days has been met by the customer.

8.4 We support a broad range of payment methods in cooperation with our payment partner Adyen.

8.5 Custtom always checks the address details to prevent fraud. The customer is expected to supply full and correct name and street address details to prevent any delay.

Article 9: Conditions of Ownership

9.1 Every delivery by Custtom to the customer is carried out under the provision of ownership thereof, until the customer has completed the order in keeping with these terms and conditions, including demands by Custtom due to negligence of the customer in keeping of the agreement as stated in these terms and conditions.

9.2 If the customer neglects compliance to the terms and conditions of the agreement, Custtom is entitled to reclaim the products from the location they are present at any given time, at the expense of the customer. In case of incompliance, the customer automatically grants permission to access to the location to reclaim the products. Reclaim costs are incurred by the customer.

9.3 The customer can use all products delivered for daily business practices, within the conditions of ownership and without the ability to lead, within certainty, to any claims of third parties.

Article 10: Complaints

10.1 In the unlikely event complaints occur and on establish the fact, the customer immediately notifies Custtom in writing. If not, the agreement between both parties remains valid.

10.2 Custtom will handle the complaint with proof of purchase (order confirmation) and with return of the invalid products to Custtom.

10.3 Custtom's performance to the customer is valid the moment the customer is using the delivery or parts of the delivery. This includes adaptations and processing of the product(s) or delivery to third parties, with the notable exception of a complaint as stated above.

10.4 The performance of Custtom applies in any case as proper between the parties, if the buyer is using the delivered goods, sold or processed them to a third party for usage, has sold or processed them to third parties unless the purchaser has observed paragraph 1 of this agreement.

Article 11: Guarantee

11.1 The customer is entitled to repair or substitution of the products should the products show design, material or manufacturing deficiency.

11.2 The customer is entitled to substitution in case repair is not possible.

11.3 The customer is expected to return the products in question to Custtom with proper postage. Custtom owns the returned products.

11.4 The guarantee does not apply to damages as a result of inadequate use or application of the products by the customer or third parties. The purchase receipt (order confirmation) is proof of guarantee.

11.5 Custtom is entitled to annul the agreement and fully reimburse the customer if repair or substitution is not possible.

Article 12: Liability

12.1 Custtom is not liable for damage of any nature due to incorrect information supplied by the customer, unless incorrectness or incompleteness was/should be known to Custtom.

12.2 Neither is Custtom liable for damage of any nature as a result of improper use or abuse of the products after delivery.

12.3 Nor is Custtom liable for damage of any nature as a result of use of the products by the customer following delivery. This includes use, giving in use, adaptation, processing and delivery to third parties.

Article 13: Transport

13.1 Product transport is on account and risk of Custtom. The customer can expect the acceptance of products from Custtom by the transport company as proof that the products are in good condition.

13.2 Should products turn out damaged as a result of transport, Custtom is limited to the reimbursement amount by the transporting company and/or its insurance firm.

Article 14: Applicable Law

14.1 In the unlikely event of disputes, Dutch Law is applicable to all agreements, and explanation and execution of these agreements.

14.2 All disputes are processed with exclusion to the appropriate court in Utrecht.

Article 15: Other Provisions

15.1 Custtom guarantees confidentiality of all information provided by the customer in the execution and/or in relation to the execution of the agreement.

15.2 Custtom assures the information is not handed over to third parties and will not use the information for other than stated purposes in the agreement.

15.3 Both parties are held to confidentiality of information obtained as part of the agreement, either explicitly stated by one of the parties or as a result of the nature of the information.

Article 16: Changes and Explanation

16.1 Custtom is entitled to modify the terms and conditions. These changes come into effect on the announced date of which Custtom will inform the customer reasonably in advance. When such a date is not given, changes to the customer will come into effect after announcement to the customer by Custtom. Terms and Conditions remain in force on current agreements.

16.2 Explanation of the content and range of the terms and conditions is based on the original Dutch text.

Article 17: Copyright Custtom

17.1 Copyright applies to all texts and illustration of Custtom.

17.2 It is not allowed to copy webpage texts and/or illustrations and/or use of the product name on any medium without written permission of Custtom.

17.3 The information provided through the links on www.custtom.ie belongs to the owner concerned. Aforementioned also applies to all trademarks and logos.

17.4 Custtom is part of De Voogt B.V.

© De Voogt B.V., Montfoort, the Netherlands. All rights reserved.