Terms and Conditions
Article 1. Applicability
1.1 All Festicap offers, orders and agreements are subject to the exclusion of any other general terms and conditions, these General Terms and Conditions (hereinafter: Terms and Conditions).
1.2 Accepting an offer or placing an order means that you accept the applicability of these Terms and Conditions.
1.3 The provisions of these terms and conditions can only be deviated from in writing, in which case the remaining provisions will remain fully in force.
Article 2. The offer
2.1 If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
2.2 The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If Festicap uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind Festicap.
Article 3. Offers / agreements
3.1 All offers from Festicap are without obligation and Festicap explicitly reserves the right to change the prices, in particular when this is necessary on the basis of (legal) regulations.
3.2 An agreement is only concluded after acceptance of your order by Festicap. Festicap is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Festicap will communicate this within ten (10) days of receiving the order.
Article 4. Prices and payments
4.1 The prices for products and services offered are in Euros, including VAT and excluding shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing.
4.2 If you pay by bank transfer, payment must be made without discount or compensation within fourteen (14) days after the invoice date, unless otherwise agreed in writing.
4.3 When paying by bank transfer, the date of payment is the date of crediting to the bank account of Festicap.
4.4 If you are in default on any payment before Festicap has delivered a service or product, Festicap is entitled to suspend or terminate (the implementation of) the relevant agreement and related agreements.
4.5 If, by exceeding the payment term, you are in default with any payment after Festicap has delivered a service or product, Festicap is entitled to send a reminder with a payment term of 14 days. If this payment term is exceeded, Festicap is entitled to charge collection costs in accordance with the WIK (“Wet Incasso Kosten”).
Article 5. Retention of title
5.1 The ownership of the products supplied will only transfer if you have paid everything that you owe to Festicap on the basis of any agreement. The risk with regard to the products is transferred to you at the time of delivery.
5.2 3D models made by Festicap remain the property of Festicap in all cases, unless stated otherwise in the agreement.
Article 6. Intellectual and industrial property rights
6.1 You must fully and unconditionally respect all intellectual and industrial property rights that rest on the products delivered by Festicap.
Article 7. Complaints and liability
7.1 Festicap products have a warranty period of 3 months. This guarantee applies if the purchased product shows defects within this period without the intervention of you or third parties. If it later turns out that the cause lies with you or third parties, the guarantee of the product cannot be recovered from Festicap and any additional costs will be recovered from you. If it has been demonstrated that the products do not comply with the agreement, Festicap has the option of replacing the products in question with new products or returning the invoice value thereof.
7.2 On the products of manufacturers for which Festicap serves as a supplier, the guarantee that applies to the products in question depends on the conditions set by the manufacturer of the product. Festicap cannot be held liable for defects in the product that were not caused by Festicap.
7.3 Exceeding the delivery period does not entitle you to compensation or the right to cancel your order or to dissolve the agreement, unless the delivery period is exceeded such that you cannot reasonably be expected to uphold the agreement. In that case you are entitled to cancel the order or terminate the agreement to the extent that this is necessary.
7.4 If a non-traceable shipment is not delivered, this must be notified within a certain period. This is possible up to 30 days after the shipment date. As soon as this period is exceeded, Festicap cannot be held liable for not delivering the shipment.
Article 8. Orders / communication
8.1 For misunderstanding, mutilation, delays or improper transmission of orders and communications as a result of the use of the Internet or any other means of communication in traffic between you and Festicap, or between Festicap and third parties, insofar as it relates to the relationship between you and Festicap, Festicap is not liable, unless and insofar as there is intent or gross negligence on the part of Festicap.
Article 9. Force majeure
9.1 Without prejudice to the other rights it is entitled to, Festicap has the right, in its own choice, to suspend the execution of your order or to dissolve the agreement without judicial intervention, by notifying you in writing. This without Festicap being obliged to pay any compensation, unless this would be unacceptable by the standards of reasonableness and fairness in the given circumstances.
9.2 Force majeure is understood to mean any shortcoming that cannot be attributed to Festicap, because it is not due to its fault and is not for its account under the law, legal act or generally accepted views.
Article 10. Miscellaneous
10.1 If Festicap allows deviations from these Terms and Conditions, whether or not tacitly for a short or longer period of time, this does not affect its right to demand immediate and strict compliance with these Terms and Conditions. You can never assert any rights based on the fact that Festicap applies these Conditions flexibly.
10.2 If one or more of the provisions of these Terms and Conditions or any other agreement with Festicap should conflict with any applicable legal provision, the relevant provision will lapse and be replaced by a new legally permissible comparable provision to be established by Festicap .
10.3 Festicap is authorized to make use of third parties in the execution of your order (s).
10.4 The print quality could be slightly different per printed product, Festicap is not liable for differences in quality of identical products.
10.5 Only the name, street, number, zip code, town/city and country are noted on shipping package. Other data or comments are not recorded on the shipping package.
10.6 Festicap cannot be held liable for the non-delivery of orders due to third parties or the incorrect delivery address.
10.7 Costs for the possible return of products cannot be recovered from Festicap under any circumstances.
Article 11. Conditions for the universal bottle cap as a product,
including all variants (hereinafter referred to as ‘Festicap’).
11.1 The Festicap is not an original cap bottlecap and use of it is on the user’s own risk. Festicap cannot be held liable for the leakage of liquids through the Festicap.
11.2 Festicap cannot be held liable for damage due to Festicap leaks.
11.3 Festicap cannot be held liable for misuse of the Festicap, as well as the confiscation of the Festicap by the authorized persons.
11.4 Resale of Festicaps is only permitted by the persons and/or companies authorized for that purpose by Festicap. Festicap reserves the right to end this authorization at any time.
11.5 Festicap is a registered trademark. Festicaps may not be indicated and/or made available under other (brand) names.
11.6 Exchange of Festicaps or refund of the purchase amount of the Festicaps purchased by you or third parties is not possible under any circumstances due to hygiene risks.
11.7 The Festicaps returned to Festicap will be destroyed at all times.
11.8 Festicaps are not dishwasher safe and can also not be exposed to temperatures above 50oC without permanent damage to the Festicap.
Article 12. Applicable law and competent court
12.1 All rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as these Terms and Conditions, are exclusively governed by Dutch law.
12.2 All disputes between parties will be submitted exclusively to the competent court in the Netherlands.