General terms and conditions
Scope of the General Terms and Conditions
The following basic terms and conditions apply to all orders and contract agreements placed with Custom95 B.V. or between Custom95 B.V. and buyers of Custom95 B.V. In addition, these General Terms and Conditions apply to all offers and deliveries by Custom95 B.V., unless the parties have agreed to deviate from these General Terms and Conditions.
The contract is only valid if Custom95 B.V. has specifically confirmed in writing before or at the time of conclusion of the contract that the general contract terms and conditions differ from those of the contractual partner.
The contracting party expressly waives the application of its own general terms and conditions (of sale), whether published or published, and accepts these general terms and conditions of sale by placing an order and/or using this website.
Offers, Acceptance and Conclusion of Contract
Only the confirmation of the contract party's order by Custom95 B.V. or the delivery of the contractual goods by Custom95 B.V. constitutes the conclusion of a contract between Custom95 B.V. and the contracting party.
The Custom95 B.V. offer is intended to inform the contracting party and is valid for a maximum of 2 weeks. Custom95 B.V. is not legally bound by offers and quotes, unless otherwise stated. Custom95 B.V. offers may change at any time, including quotes, which may result in an adjustment in pricing due to changes in wages, product availability, raw material prices, shipping rate changes in the event of gasoline price fluctuations or exchange rate changes. The presentation of items in the Custom95 B.V. online store does not in itself constitute a legally binding offer by Custom95 B.V. Custom95 B.V. strives to comply with the offer provided, but reserves the right to modify items if necessary due to production.
Offers and quotes do not apply to repeat orders unless the parties have expressly agreed to this in writing.
Orders and offers are considered accepted if Custom95 B.V. confirms them in writing. Custom95 B.V. reserves the right to withdraw offers within 3 days of receipt of acceptance, without the contracting party being able to derive any rights from this.
Pricing and Payment
Unless expressly stated or agreed otherwise, all prices stated by Custom95 B.V. apply in addition to the applicable legal VAT and other costs, such as administrative costs, taxes and travel, shipping or transport costs. All prices mentioned by Custom95 B.V. are in euros.
Custom95 B.V. reserves the right to adjust the prices of its products. The contracting party must have paid arrears within 7 days of signing the offer. Custom95 B.V. reserves the right to maintain the execution of orders and to make delivery dependent on immediate payment or to require security for the total amount of the services or products. If the contracting party has not paid the agreed amount by the last day of the payment term, he is legally in default and in breach of the contract, without Custom95 B.V. having to send the contracting party a reminder or notice of default.
All shipping costs listed on the platform and in quotes are estimates. Due to unforeseen circumstances such as changes in destination, fluctuations in gasoline prices, or incorrect initial estimates, actual shipping costs may vary. In cases where the actual shipping costs exceed the estimated costs, the contracting party will be invoiced for the difference. Custom95 B.V. is committed to transparency in this regard and does not use shipping as a profit model.
The contracting party agrees to receive invoices electronically only.
If the contracting party does not pay within the agreed period, Custom95 B.V. is entitled to calculate the statutory interest rate of 8% per month for business transactions from the day that the contracting party is in default, with part of a month counting as a whole month. If the contracting party is in default, he also owes Custom95 B.V. the extrajudicial collection costs and any damage. Collection costs are calculated in accordance with the Extrajudicial Collection Costs Reimbursement Decree.
In the event of liquidation, bankruptcy, attachment or suspension of payments from the contracting party, Custom95 B.V.'s claims against the contracting party become immediately due and payable.
Delivery
Unless otherwise agreed, the goods are delivered to Custom95 B.V.'s warehouse or the address specified by the contracting party in the main agreement.
If Custom95 B.V. is unable to deliver due to problems on the part of the contracting party, the contracting party owes Custom95 B.V. the additional costs that may arise from the inability to deliver. Custom95 B.V. reserves the right to waive this fee. These problems may include when the contracting party does not provide Custom95 B.V. with the necessary information to ship correctly, such as a telephone number, the recipient's email address, availability to accept the package and to pay customs fees if necessary. Custom95 B.V. reserves the right to waive this fee.
Delivery times mentioned by Custom95 B.V. are indicative and, if exceeded, do not entitle the contractual partner to dissolution or compensation, unless otherwise agreed in writing by the parties. Exceeding the stated delivery time does not entitle the contracting party to compensation or termination of the agreement, unless Custom95 B.V. is unable to deliver within 14 days of written notice or if otherwise agreed. Late payment will result in the delivery date being postponed to coincide with receipt of payment. Production will commence after the contracting party has given its written consent on the invoice or quote, unless other contractual arrangements have been established, such as that the contracting party does not have to pay until the goods are delivered to the contracting party.
In any case, Custom95 B.V. will be exempt from its delivery obligations and liability for late deliveries in the event of force majeure. Examples of force majeure include supplier delays in delivering raw materials, strikes or lockouts, import or export restrictions, fire, wars, riots, natural disasters and/or government measures, state of emergency (such as civil war, rebellion, riots, natural disasters, etc.); non-compliance and force majeure on the part of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecommunications failures; viruses, strikes, unforeseen transport problems, bad weather and work interruptions. In these situations, Custom95 B.V. reserves the right to terminate the contract in whole or in part, or to temporarily suspend its execution, without the contracting party being entitled to compensation, compensation or termination of the contract. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may terminate the agreement in full or in part in writing.
If Custom95 B.V. is unable to deliver due to the contractual party's problems, such as entering an incorrect address, not accepting the package or other reasons that prevent successful delivery, the contracting party owes Custom95 B.V. the additional costs that may arise from failure to deliver. In some cases, our shipping providers may charge for additional delivery attempts. If such costs arise, the contracting party will be invoiced for these additional costs. It is the responsibility of the contracting party to provide accurate delivery information and facilitate a smooth acceptance process for the package to avoid these additional costs.
Custom95 B.V. is entitled to partial delivery subject to the following requirements: the delivery of the remaining goods is insured and the contracting party will not be subject to an unreasonable amount of additional costs or expenses due to the partial delivery, or if Custom95 B.V. agrees to pay the unreasonable amount of additional costs or expenses and if the partial delivery is not unreasonable for the contracting party for other reasons.
If the packaging of a delivered product is opened or damaged, the contracting party must have a note of this by the forwarder or delivery person before receiving the product. Failure to do so means that Custom95 B.V. cannot be held liable for any damage. If the contracting party takes care of transporting a product themselves, they must report any visible damage to products or packaging to Custom95 B.V. Failure to do so means that Custom95 B.V. cannot be held liable for any damage.
Custom95 B.V. also offers Fast Track Delivery, which means that the contracting party has priority in the design process, production and warehouse process, as well as express shipping. For Fast Track Delivery to apply, the contracting party and Custom95 B.V. must agree in writing on a specific delivery date. If Custom95 B.V. is unable to deliver on the specific delivery date due to the contracting party's problems, the contracting party owes Custom95 B.V. the additional costs that may arise from failure to deliver. If the stated delivery date is exceeded due to problems on the part of Custom95 B.V., with the exception of force majeure and delivery problems caused by the contracting party, Custom95 B.V. will compensate the contracting party with 25% of the original invoice as a credit on their next purchase from Custom95 B.V.
Transport and Transfer of Risk
Transport costs are always paid by the contracting party, unless otherwise agreed in writing. These costs include customs and duties unless otherwise agreed.
The contracting party is always responsible for any damage, loss or possible delays caused by courier services or mail-order companies during the shipping process. The contracting party can request a specific courier service, but will continue to bear the transport risk.
The legal provisions apply to the risk of unplanned destruction, loss, deterioration or damage to the contractual products.
Retention of title
Until full payment is received, all items and assets supplied by Custom95 B.V., including mockups and logos, remain the property of Custom95 B.V.
The reserved products and assets remain the property of Custom95 B.V. until all claims, future or existing, that Custom95 B.V. has against the contracting party have been satisfied, regardless of the legal justifications. All claims arising from the resale of items that are still owned by Custom95 B.V. are automatically transferred to Custom95 B.V. Custom95 B.V. has the right, in the event of non-payment, to sell the items to a third party. In such a case, the contracting party is not entitled to a refund or compensation.
If the contracting party decides to cooperate with a third party, Custom95 B.V. reserves the right to claim compensation for the services already provided. This compensation amounts to:
- €150 per agreed mockup per product
- €250 per agreed logo.
These amounts are due immediately and are not dependent on further delivery or use by the contracting party or the third party.
Obstacles or delays that affect implementation
In the event that a situation of force majeure makes execution impossible or excessively difficult for Custom95 B.V., Custom95 B.V. has the right to terminate the contract. In the event of such an event, Custom95 B.V. will inform the contracting party of such an event as soon as possible.
The contractual partner's potential right to terminate the contract because execution is impossible depends on applicable law.
If Custom95 B.V. is not only temporarily unable to deliver the contractual products because a supplier fails to fulfil its contractual obligations towards Custom95 B.V., Custom95 B.V., without its own fault and after trying to remedy the situation reasonably, has the right to terminate the contract.
Acceptance and Dispute of Items and Warranty
Custom95 B.V. guarantees that the contractual products it has supplied are free from defects and have all the properties it has promised. However, a guarantee must be expressly provided. The warranty with regard to products only applies to defects caused by faulty production, construction or material. The warranty does not apply in the event of normal wear and damage caused by accidents, product changes, negligence or improper use by the contracting party, as well as when the cause of the defect cannot be clearly determined.
The contracting party will immediately examine a product or service supplied by Custom95 B.V. for any defects. If a delivered product or service does not meet what the contracting party can reasonably expect from the contract, the contracting party must inform Custom95 B.V. as soon as possible, but in any case within 1 week after discovery of the defect, by registered letter with as detailed a description as possible of the defect. If no complaint is filed within 1 week, the absence of a complaint will be considered as acceptance of the article.
Terms of Delivery
Custom95 located at Overschiestraat 182, 1062 XK Amsterdam and trading under (trade) names Custom 95.
1. Applicability
1.1 These terms and conditions apply to all offers, sales and deliveries made by Custom95 to third parties, to all work performed by Custom95 on behalf of third parties, as well as to all agreements in the broadest sense of the word entered into by Custom95 with third parties. The aforementioned third parties are hereinafter referred to as purchasers.
1.2 These terms and conditions apply both inside and outside the Netherlands, regardless of the place of conclusion of the agreement.
1.3 These terms and conditions are governed exclusively by Dutch law.
1.4 If the buyer has purchase conditions, they are not binding on Custom95 if they differ from these terms and conditions.
1.5 Any deviations from these terms and conditions, applied by Custom95 for some time, are always occasional and never give the buyer the right to invoke them later or to claim them as established.
2. Offers
2.1 Unless expressly stated otherwise, all Custom95 offers and quotes, made in whatever form, are non-binding. Custom95 can cancel an optional offer, even within 3 working days after the buyer has received the order confirmation.
2.2 Insofar as the buyer performs any performance or prepares for it, in the obvious expectation that an agreement will be concluded or an obvious assumption that an agreement has been concluded, the buyer does so at its own risk.
3. Assignments/agreements
3.1. All agreements concluded with Custom95 become binding only after written confirmation by Custom95. Any additions or changes to the above agreements will only bind Custom95 after they have been accepted and confirmed in writing by Custom95. Only the management and possibly he/she who is expressly authorized to do so by the management can and may conclude agreements on behalf of Custom95.
3.2 In the event of non-payment of any due amount, suspension, statutory debt restructuring or bankruptcy of the buyer or if the buyer is in liquidation, Custom95 has the right to cancel the contract or the undelivered part thereof without judicial intervention.
4. Prices and security
4.1 All prices (including rates) on the part of Custom95 do not include VAT. The VAT due is charged separately. Insofar as Custom95 has had to incur costs in connection with delivery to the buyer, such as transport costs, Custom95 can charge them separately to the buyer.
4.2 Custom95 is entitled to demand advance payments or deposit or security, whereby compliance with its obligations may be suspended until the requested security has been provided.
5. Delivery time, transport and transport risk
5.1 The delivery terms specified in the offers, confirmations and contracts are indicative and are done to the best of our knowledge and will be taken into account as much as possible, but are not binding on Custom95.
5.2. Exceeding these terms, for whatever reason, never gives the buyer the right to compensation, termination of the agreement or non-fulfillment of any obligation that would not arise for him from the relevant agreement or from any other agreement.
5.3 The transport of the goods ordered from Custom95 is at the expense of the buyer. The freight costs will be charged to the buyer, unless otherwise expressly agreed.
5.4 The transport of the goods ordered from Custom95 is at the risk of the buyer from the moment of shipment. Even if free delivery has been agreed, the buyer is liable for all damage suffered during transport.
6. Payments
6.1 Unless expressly agreed otherwise in writing, 100% of the payment of the invoices sent by Custom95 B.V. must be made within 7 days of the invoice date. In the event of late payment, the buyer is therefore in default by operation of law without any reminder or notice of default being required.
6.2 All payments must be made without deduction or setoff into a bank or giro account designated by Custom95.
6.3 Discounts can only be granted after written agreement between Custom95 and buyer. Unless otherwise agreed in writing, these discounts are one-off. Previous discounts can therefore not be invoked in subsequent transactions.
6.4 If payment of the invoice sent has not been fully paid within the specified terms, the buyer is deemed to be in default by operation of law and Custom95 has the right, without any notice of default, to charge the buyer interest of 1.0% per month or part thereof on the entire amount due from the due date, without prejudice to Custom95's other rights, including the right to the buyer all to the collection costs, both judicial and extrajudicial (collection) -) to recover costs.
6.5 Payment of the invoice is primarily to reduce the costs, then to reduce the interest that has arisen and finally to reduce the principal sum and the accrued interest.
7. Retention of title
7.1 Ownership of the delivered goods will only be transferred to the buyer as soon as he has paid the entire invoice amount concerned to Custom95. Until so long, the delivered goods remain the property and disposal of Custom95 at all times. In case of late payment, Custom95 is entitled to retrieve the relevant goods from the buyer, or upon redelivery, the buyer's customer. The buyer must fully cooperate with this.
8. Complaints, returns and liability
8.1 Any complaints, both on the delivery of goods, services provided, operations carried out on behalf of the buyer on materials supplied by the buyer and on invoice amounts, must be submitted to Custom95 B.V. in writing and by registered mail within 8 days of receipt of goods, services, operations or invoices, accurately stating the facts to which the complaints relate. The buyer's right to complain expires with regard to edited and/or processed by or on behalf of the buyer
goods.
8.2 The buyer must at all times give Custom95 the opportunity to examine the complaint for its accuracy. The buyer is not entitled to delay or refuse payment of the relevant invoice or previous or subsequent invoices on the basis of advertising relating to a particular product or service or operation.
8.3 Manco's must notify the buyer immediately upon delivery by checking the consignment note. After signing the consignment note or delivery list by the buyer, the right to still delivery or compensation expires.
8.4 Returns must be discussed in advance Custom95. Undamaged goods can only be returned after explicit written permission. Returns that are insufficiently stamped or insufficiently packaged will be refused by Custom95.
All returns made by the buyer are at his risk and expense.
8.5 Custom95 is in no way liable for damage, loss of income or reduced revenue, and costs related to interruption, downtime and/or restarting a business, event or activity that is the result of the incomplete, incorrect or untimely delivery of
goods, services or operations. If the buyer demonstrates that Custom95 is directly and culpably responsible for the incomplete, incorrect or timely delivery of the goods, services or operations, the amount of this liability shall not exceed the value of the goods, services provided or operations carried out by Custom95 B.V. relating to that delivery.
9. Force majeure
9.1 Force majeure releases Custom95 from all its obligations towards the buyer. Force majeure occurs if Custom95 is prevented from fulfilling its obligations as a result of circumstances beyond Custom95's control, such as mobilization, war, threat of war, strike, exclusion, unforeseen increase in wages, raw material prices and costs or due to force majeure of another nature, including late delivery by suppliers, or any other form of events over which Custom95 has no reasonable influence.
10. Special productions
10.1 If Custom95 receives an order from the buyer to deliver products or operations that are provided with a special image or other processing in accordance with the buyer's wishes, the buyer must timely provide clear instructions and good quality reproducible material that is necessary for the execution of the order.
10.2 Custom95 is only obliged to send a proof or sample to the buyer for approval prior to delivery, if this has been stipulated in writing by the buyer before or when issuing the order.
10.3 The buyer accepts in advance, even if there is a proof, minor deviations in product color, processing color, design and sizes that can be explained by the nature of the product or processing, or by differences between different production batches.
10.4 Custom95 is entitled to deliver a maximum of 10% more or less than the number of products ordered by the buyer to the buyer and to charge them to the buyer, unless otherwise expressly agreed.
10.5 All intellectual property rights, including but not limited to copyrights, model rights, etc. that are related to or rest on the products processed by Custom95 belong to Custom95.
10.6 When the buyer orders Custom95 to process or edit logos, attributions or logos, whether or not owned by the buyer, this is at the expense and risk of the buyer
Privacy Statement
Custom95 takes your privacy very seriously and will process and use information about you (the person concerned) securely. In this Privacy Statement, we explain what data we process and for what purpose we do it. In addition, you can read about your rights with regard to our processing of your personal data in this Privacy Statement. We recommend that you read this Privacy Statement carefully.
Who is responsible for your data?
Custom95 is the sole trader Custom95 with offices at Overschiestraat 182, 1062 XK Amsterdam, registered in the trade register of the Chamber of Commerce under number 75612518. Custom95 is responsible for processing your personal data by Custom95.
How do we get your data?
Custom95 has information about you because you provided that information to us, for example when requesting a quote, design proposal, or placing an order.
What are the “legal grounds” for using your data?
According to privacy legislation, we must indicate what “legal grounds” we have for using your data. Most of the information we need from you is required because of the agreement between you and Custom95, for example as a result of purchasing a product or purchasing a service. This is the case, for example, with:
- Placing an order
- Delivery
- Returns & complaint handling
- Contact our customer service
In addition, we can use your data when there is a “legitimate interest” to do so. We do this because we want to provide all our customers with the most optimal and personal service. Of course, we always think about your privacy here too. This applies to:
- Reviews & Customer Satisfaction Survey
- Contact our customer service
- Visit to our website
- Newsletter & email
- Personal advice
- Actions
- Social media
We may also have a legal obligation to use your information. This includes the legal administrative retention obligation that the tax authorities imposes on companies in the Netherlands, or, for example, in the event of fraud or suspected fraud.
And sometimes you have given us permission (opt-in) to use your data, for example when you sign up for our newsletter.
How long do we keep your data?
We do not store and use your data longer than necessary. After that, we will delete all the data we have about you or the data will be anonymized so that it can no longer be traced back to you. This is the case, for example, when we need certain data to perform historical analyses. This includes reports concerning, for example, average order value, items ordered or the average number of products in an order.
The retention periods that we use are as follows:
- The tax authorities require us to keep our records with your billing, payment and order details for 7 years. After that, we only use anonymous data for internal reports;
- If we have made a design for you, we will keep the artwork created, the associated (production) files and your contact details for a maximum of 7 years. Very handy if you want to order something from us again;
- If you have subscribed to the newsletter or have given permission to receive personalized messages, we will keep that consent for a maximum of 5 years;
- We keep information that helps us prevent fraud for as long as possible. Too bad, but necessary.
What are your rights?
Under the European General Data Protection Regulation (GDPR), you have a number of rights with regard to your data and its processing:
Insight
Soon, you will always be able to view your own (personal) data and change your account if necessary. If you want to view the personal data that Custom95 has recorded about you, you can request access.
Modify
If you want to make changes to the personal data that you have seen as a result of a request for access and that you are unable to change yourself in your account, you can request this to Custom95. You can request that Custom95 changes, corrects, supplements, deletes, or protects your information.
Restricting processing
You also have the right, under certain conditions, to request Custom95 to restrict the processing of your personal data.
Right to object
If certain processing is based on the “legitimate interest” of Custom95 or a third party, you have the right to object to that processing.
Data transfer
You have the right to obtain your personal data from Custom95. Custom95 will provide these in a structured and common form that can easily be opened in other common digital systems (e.g. an Excel/CSV file). In this way, you can also transfer your data to another provider.
Revoke consent
In all cases where the basis for certain data processing is your consent, you have the right to withdraw that consent. This has no consequences for the past, but it does mean that we are then no longer allowed to process that data. However, Custom95 may no longer be able to provide you with certain services as a result.
How can you exercise your rights?
A request can be sent to info@custom95.nl. Custom95 will comply with your request as soon as possible and in any event no later than one (1) month after Custom95 has received such a request. In some cases, we may ask you for additional information, for example to make sure that you are really the person who made the request. We will certainly do this in case of unclear requests; of course, we don't want anyone else to run away with your data. If Custom95 rejects your request, we will indicate in our response why the request is rejected.
Who has access to your data?
We will only share your data with other parties if this is really necessary for our services. This concerns these parties: suppliers and delivery partners who deliver your order, payment partners who ensure that you can pay online safely with us, IT service providers or parties that collect our reviews. We never sell your information to third parties. The data can be transferred to:
- Processors: these include, for example, the web hosting partner with whom we have located our servers, and the supplier of our accounting package;
- Parties involved in the execution or fulfillment of an agreement between you and Custom95: these include, for example, our suppliers and the carriers who deliver your order;
- External advisors: these include, for example, our accountant or debt collection partner.
Custom95 may be obliged to provide your data to a third party, for example on the basis of a legal obligation. This may be the case, for example, in the case of an audit by the tax authorities.
The parties that receive access to your data from us may only use it to provide you with a service on behalf of Custom95. Unless they are responsible for obtaining and protecting your data themselves. Some cookie developers have access to the information that cookies collect on our website. You can read more about this in our cookie policy and the privacy policies of these parties.
Where is your data stored?
Your data is stored in various databases and we always use strict security measures. Of course, we prefer to keep your data as close to home as possible, preferably in the Netherlands or at least within the European Union.
In the exceptional case that customer data is transferred to countries outside the European Union, we ensure that your privacy remains appropriately protected. This has been officially established for a number of countries. Some US parties have registered under the Privacy Shield, which offers sufficient protection. Or we work with official model contracts that are specifically designed to protect your privacy.
What are cookies and how does Custom95 use them?
Cookies are small pieces of (text) information that are sent to your browser when you visit the Custom95 website and are then stored on the hard drive or in the memory of your computer, tablet, mobile phone or other device (hereinafter: “Device”). The cookies placed via the Custom95 website cannot damage your Device or the files stored on it. When we talk about “cookies”, we mean not only these small pieces of (text) information, but also similar techniques that collect information, such as device fingerprinting.
We work with Microsoft Clarity and Microsoft Advertising to record how you use and interact with our website through behavioral statistics, heatmaps, and session repetition to improve and market our products/services. Website usage data is recorded using first- and third-party cookies and other tracking technologies to determine products/service popularity and online activity. In addition, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement.
Can this Privacy Statement be amended?
This Privacy Statement is subject to change. We therefore recommend that you regularly check the Privacy Statement for any changes.
Where can you go with questions or complaints?
If you have any questions about this Privacy Statement and how Custom95 uses your data, you can send an email to info@custom95.nl. Even if you have a complaint about how Custom95 processes your data, you can send us an email at the address above. Privacy-related questions by mail can be addressed to:
Custom 95
Attn. Dept. Privacy matters
Overschiestraat 182, 1062 XK Amsterdam
1075 GB Amsterdam
Netherlands
In addition, you can always contact the competent national supervisor in the field of privacy protection. In the Netherlands, this is the Data Protection Authority.