Ketentuan Layanan

General Terms and Conditions


Index:

Article   1 - Definitions

Article   2 - Identity of the Schild inc BV

Article   3 - Applicability

Article   4 - The offer

Article   5 - The contract

Article   6 - Right of withdrawal

Article   7 - Precluding the right of withdrawal

Article   8 - The price

Article   9 - Contract fulfillment and extra guarantee

Article  10 - Delivery and implementation

Article  11 - Extended duration transactions: duration, termination and prolongation

Article  12 - Payment

Article  13 - Complaints procedure

Article  14 - Guarantee

Article  15 - Disputes

Article  16 - Authors/Trademark Rights

Article  17 - Additional or different stipulations


Article 1 - Definitions

The following definitions apply in these terms and conditions:

  1. Supplementary agreement: an agreement in which a customer obtains products, digital content and/or services via a distance contract, and a Schild inc BV or a third party delivers these products, digital content and/or services in accordance with an agreement between that third party and the Schild inc BV;
  2. Withdrawal period: the period within which a customer can make use of his right of withdrawal;
  3. Customer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
  4. Day: calendar day;
  5. Digital content: data that are produced and supplied in digital form;
  6. Extended duration transaction: a distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
  7. Durable medium: every means - including emails - that enables a customer or Schild inc BV to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
  8. Right of withdrawal: the possibility for a customer to waive a distance contract within the withdrawal period;
  9. Schild inc BV: a natural or legal person who offers products, (access to) digital content and/or services to customers from a distance;
  10. Distance contract: a contract concluded between a Schild inc BV and a customer within the framework of system organized for the distance sale of products, digital content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;
  11. Technique for distance communication: means that can be used for communication regarding the offer made by Schild inc BV and concluding a contract, without the necessity of the customer and Schild inc BV being in the same place at the same time.


Article 2 - Identity of the Schild inc BV

Schild inc BV

Noorderduinloo 1 

1361DJ Almere Nederland


Kvk: 80252192

BTW:  NL8616.05.123.B01

IBAN: NL34INGB0007832740

BIC: INGBNL2A


Phone number: 00316-55161946 (Monday till Friday from 09:00 till 17:00)

E-mailadres: info@schildinc.com


Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by a Schild inc BV and to every distance contract that has been realized between an Schild inc BV and a customer.
  2. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, Schild inc BV will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection at the Schild inc BV’s premises and that they will be sent free of charge to the customer, as quickly as possible, at the customer’s request.
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the customer will be provided with the text of these general terms and conditions electronically, in such a way that the customer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, Schild inc BV will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the customer free of charge, either electronically or in some other way.
  4. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the customer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.


Article 4 - The offer

  1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable the customer to make a proper assessment of the offer. If Schild inc BV makes use of illustrations, these will be a true representation of the products and/or services being offered. Schild inc BV is not bound by obvious errors or mistakes in the offer.
  3. Every offer contains information that makes it clear to the customer what rights and obligations are related to the acceptance of the offer.
  4. Schild Inc BV makes a free mock-up to give an indication of what a design in metal can look like. This is not a design from which rights can be derived and the designs remain the property of Schild inc BV. After approval of the offer, a digital official proof (final design) is made and presented to the customer for approval. After approval of the proof, production will start. There may be a margin of error between the final design and the delivered product, because the production involves a certain degree of manual work.
  5. Schild Inc BV makes a mold of the product to be manufactured. The mold remains the property of Schild Inc BV at all times and the customer cannot derive any (property) rights from it.



Article 5 - The contract

  1. The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the customer accepts the offer and the conditions thereby stipulated have been fulfilled.
  2. If the customer has accepted the offer electronically, Schild inc BV will immediately confirm receipt of acceptance of the offer electronically. The customer can dissolve the contract as long as this acceptance has not been confirmed by the Schild inc BV.
  3. If the contract is concluded electronically, Schild inc BV will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the customer is able to pay electronically, Schild inc BV will take suitable security measures.
  4. Schild inc BV will send to a customer, at the latest when delivering a product, service or digital content, the following information, in writing, or in such a way that the customer can store it on an accessible durable medium:
  1. the office address of the Schild inc BV’s business location where the customer can lodge complaints;
  2. the conditions under which the customer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to preclusion from the right of withdrawal;
  3. information on guarantees and existing after-sales service;
  4. the price, including all taxes on the product, service or digital content; the costs of delivery insofar as applicable, and the method of payment, delivery or implementing the distance contract;
  1. In case of an extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.


Article 6 - Right of withdrawal

Upon delivery of products

  1. The right of withdrawal is excluded on the products supplied by Schild Inc BV as these are products manufactured according to the customer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the customer and/or or which are clearly intended for a specific person;


Article 7 - Precluding the right of withdrawal

Schild inc BV can preclude the right of withdrawal for the following products and services, but only if Schild inc BV stated this clearly when making the offer, or at least in good time prior to conclusion of the contract: 

  1. Products manufactured according to the customer’s specifications, which were not prefabricated and were made based on a customer’s specific choice or decision, or which are clearly intended for a specific person;


Article 8 - The price

  1. During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT-tariffs. 
  2. Contrary to the previous paragraph, Schild inc BV may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which Schild inc BV has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices. 
  3. Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.
  4. Price increases more than 3 months after the contract was concluded are only permitted if Schild inc BV stipulated as much and: 
  1. they are the result of statutory regulations or stipulations; or
  2. the customer is authorized to terminate the contract on the day on which the price increase takes effect.
  1. Prices stated in offers of products or services excludes VAT.


Article 9 - Contract fulfilment and extra guarantee

  1. Schild inc BV guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed Schild inc BV also guarantees that the product is suited for other than normal designation. 
  2. An extra guarantee arrangement offered by the Schild inc BV, manufacturer or importer can never affect the statutory rights and claims that a customer can enforce against Schild inc BV on the grounds of the contract if Schild inc BV failed to fulfill his part in the contract.
  3. An extra guarantee is defined as every commitment of a Schild inc BV, his supplier, importer or manufacturer that grants a customer rights or claims, in excess of those provided by law, for the event that he fails to fulfil his part in the contract. 


Article 10 - Supply and implementation

  1. Schild inc BV will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. If the customer makes unlawful use of images, logos and texts that are not his/her property, this is at his own expense and risk.
  3. The place of delivery is deemed to be the address that the customer makes known to the company.
  4. Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 work days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the customer will be informed about this at the latest 30 days after the order was placed. 
  5. The risk of damage and/or loss of products rests upon Schild inc BV up to the moment of delivery to the customer or a  representative previous designated by the customer and announced to the Schild inc BV, unless this has explicitly been agreed otherwise.

Article 10.1 - Import and Customs for Deliveries Outside the Netherlands

When an order is placed by a customer located outside the Netherlands, the customer is deemed to be the legal importer of the goods in the country of destination. This applies regardless of the country of shipment.

As the importer, the customer is solely responsible for all obligations associated with the importation of the goods into the country of destination. These obligations include, but are not limited to:

- submitting customs declarations;

- paying import duties, VAT, and customs clearance or handling fees;

- providing information or documentation required by local authorities;

- holding any EORI number that may be required.

Schild inc BV does not act as the importer of goods delivered outside the Netherlands and accepts no liability for delays, costs, additional assessments, or other consequences arising from the import procedures of the country of destination.

All costs resulting from the importation of the goods are borne by the customer, unless otherwise agreed in writing. Any reimbursements voluntarily provided by Schild inc BV (for example, reimbursement of 50% of the import costs) do not alter the legal position that the customer remains the importer.

If the carrier issues an invoice for import costs, customs duties, or handling fees directly to the customer, the customer must immediately and in full settle this invoice with the relevant carrier or authority.

Article 11 - Extended duration transactions: duration, termination and prolongation

Termination

  1. The customer has a right at all times to terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at the end of the fixed-term, subject to the agreed termination rules and a period of notice that does not exceed one month.
  2. With respect to contracts as described in the first two paragraphs, the customer can:

- terminate them at all times and not be limited to termination at a specific time or during a specific period;

- terminate them in the same way as that in which they were concluded;

- always terminate them subject to the same period of notice as that stipulated for the Schild inc BV.

Prolongation

  1. A fixed-term contract that was concluded for the regular supply of products (including electricity) or services may not be automatically prolonged or renewed for a fixed period of time.
  2. In departure from that which is stated in the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be automatically prolonged for a fixed term that does not exceed three months, if the customer is at liberty to terminate this prolonged contract towards the end of the prolongation, with a period of notice that does not exceed one month.
  3. A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the customer has at all times the right to terminate, with a period of notice that does not exceed one month.


Article 12 - Payment

  1. The customer must pay the amounts due in advance before production is started, unless agreed otherwise.
  2. When agreed otherwise than article 1 descripted, the customer should pay within 14 days after the customer received the goods.
  3. When the customer receives an invoice for import costs from the carrier, this must be paid directly by the customer to the carrier. Schild inc BV reimburses 50% of the amount by crediting it to the original invoice.
  4. The customer is obliged to report immediately to Schild inc BV any inaccuracies in payment data provided or stated.
  5. If a customer fails to fulfil his payment obligation(s) in good time, after Schild inc BV has informed the customer about the late payment, the customer is allowed 14 days in which to fulfil the obligation to pay; if payment is not made within this 14-day period, statutory interest will be payable over the sum owed and Schild inc BV has the right to charge reasonable extrajudicial costs of collection he has incurred. These costs of collection amount to, at the most: 15% of unpaid sums up to €2,500; 10% over the next €2,500; and 5% over the next €5,000, with a minimum of €40. Schild inc BV can make departures from these sums and percentages that are favorable to the customer.


Article 13 - Complaints procedure

  1. Schild inc BV provides for a complaints procedure, that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
  2. A customer who has discovered shortcomings in the implementation of a contract must submit any complaints to Schild inc BV without delay, in full and with clear descriptions.
  3. A reply to complaints submitted to Schild inc BV will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then Schild inc BV will reply within 14 days, confirming receipt and indicating when the customer can expect a more elaborate reply.
  4. The customer should give Schild inc BV a time period of at least 4 weeks to solve the complaint in joint consultation. After this period of time, the complaint  becomes a dispute that is subject to the disputes settlement scheme.


Article 14 – Guarantees

  1. Schild Inc BV compensates the damage if an order is not complete or has arrived damaged. The customer must make this known no later than 24 hours after delivery by email to info@schildinc.com stating 'complaint' in the subject of the email with a photo added, clearly showing the damage.
  2. Schild Inc BV gives the warranty of 12 months after delivery on the sticker and the glue of the stickers (1mm, 2-3mm), provided that the following conditions are met:
  • the labels are applied to a dry, non-greasy surface, which is at least at room temperature (ideally 22 degrees Celsius or higher)
  • the labels have been stored in a non-humid room at room temperature
  • the damage was not caused by the fault of the customer
  1. Jewelry made of real silver and gold has a warranty period of 12 months and repairs are reimbursed free of charge. This does not apply to the discolouration of gold-plated and silver-plated jewelry, as the color fastness cannot be guaranteed.



Article 15 - Disputes

  1. Contracts entered into between a Schild inc BV and a customer and which are subject to these general terms and conditions are subject only to Dutch law.



Article  16 - Authors/Trademark Rights

  1. The customer guarantees Schild inc BV that by fulfilling the agreement, especially by reproducing or disclosing the items received from the customer such as copy, typesetting, models, drawings, photographs, lithographs, films, information carriers, computer software, databases, etc., no infringement is made on rights that third parties may claim under the Copyright Act 1912 or other national, supranational, or international regulations in the field of copyright or industrial property rights, or rights related to tort. The customer indemnifies Schild inc BV, both in and out of court, against all claims that third parties may assert under the aforementioned law or regulations.
  2. If reasonable doubt arises or remains regarding the accuracy of the rights claimed by third parties as referred to in paragraph 1 of this article, Schild inc BV is authorized but not obliged to suspend the performance of the agreement until it is irrevocably established in court that Schild inc BV does not infringe these rights by fulfilling the agreement. Thereafter, Schild inc BV will still execute the order within a reasonable period.
  3. Unless expressly agreed otherwise in writing, Schild inc BV shall always remain the holder of the copyright that may arise in the works produced by him in the performance of the agreement, such as copy, typesetting, design drawings, models, working and detail drawings, information carriers, computer software, databases, photographs, lithographs, films, and similar production and auxiliary means, even if the relevant activities are mentioned as separate items in the offer or on the invoice.
  4. The items to be supplied or supplied by Schild inc BV according to its design, such as copy, typesetting, design drawings, models, working and detail drawings, information carriers, computer software, databases, photographs, lithographs, films, and similar production and auxiliary means, as well as any part thereof that belongs to the essential nature of that design, may not be reproduced in the context of any production process without the written consent of Schild inc BV, even if there is no copyright or other legal protection for Schild inc BV regarding the design.
  5. After delivery by Schild inc BV, the customer obtains the non-exclusive right to use the works produced by Schild inc BV in the context of the agreement within the meaning of the Copyright Act 1912 or works within the meaning of paragraph 4 of this article. The aforementioned right to use is limited to the right of normal use of the delivered items and does not include, in particular, the right to reproduce these items in the context of any production process.


Article 17 - Additional or different stipulations

Additional stipulations or stipulations that differ from these general terms and conditions, may not be detrimental to the customer and should be recorded in writing, or in such a way that customers can store them in a readily accessible manner on a durable medium.