1. Definitions
In these terms, the following definitions apply:
1.1 Entrepreneur: a legal entity acting on behalf of GiraffePrinter and offering products and/or services to consumers at a distance;
1.2 Consumer: an individual who is not acting for purposes related to their commercial, business, artisanal, or professional activities;
1.3 Withdrawal Period: the period in which the consumer can exercise the right to withdraw from the contract;
1.4 Distance Contract: a contract concluded between the entrepreneur and the consumer as part of a distance selling system for products and/or services, wherein only or partially remote communication techniques are used until the contract is concluded;
1.5 Distance Communication Technique: a means that can be used to conclude a contract without the simultaneous presence of the consumer and the entrepreneur in the same room.
2. Identity of the Entrepreneur
GiraffePrinter
operating under the name GiraffePrinter
Registered office and correspondence address:
Admiraal De Ruyterweg 5C
3031AA Rotterdam
Correspondente address:
Admiraal De Ruyterweg 5C
3031AA Rotterdam
KvK nummer: 85613215
BTW nummer: NL004120158B05
3. Application
3.1 These general terms apply to every offer made by GiraffePrinter and to every distance contract concluded between GiraffePrinter and the consumer or entrepreneur.
3.2 Before concluding a distance contract, the text of these general terms is made available to the consumer and entrepreneur on the GiraffePrinter website in such a way that they can easily save it on a durable medium. Recipients accept the general terms by checking the appropriate box during the ordering process.
3.3 GiraffePrinter reserves the right to make changes to these general terms. Such changes will be communicated to the recipients before the contract is concluded, and the new version of the general terms will be available on the website.
4. Offer
4.1 The offer is a proposal to conclude a contract for the delivery of specified products and/or services, presented to the consumer or entrepreneur by GiraffePrinter. The offer is considered accepted when the order and/or payment has been completed during the ordering process.
4.2 The offer is immediately confirmed via email.
4.3 If the offer has a limited validity or is subject to conditions, this is clearly indicated in the offer.
4.4 Each offer includes sufficient information for the consumer or entrepreneur to understand their rights and obligations related to accepting the offer.
4.5 The offer contains a precise description of the products and/or services offered. The description is detailed enough for the consumer or entrepreneur to make an accurate assessment of the offer. Obvious errors in the offer, such as mistakes in product descriptions, prices, or availability, do not bind GiraffePrinter.
4.6 Any changes to the order made by the consumer or entrepreneur must be communicated to GiraffePrinter as soon as possible, in writing. GiraffePrinter will assess whether the changes can be made, taking into account the stage of order fulfillment, but cannot guarantee this.
4.7 GiraffePrinter reserves the right to reject or cancel orders in the event of a lack of goods, technical problems, pricing errors, or suspicion of fraud.
4.8 In the case of orders for wall printing at the location specified by the consumer or entrepreneur, the offer is prepared individually for each order. Before the service is executed, GiraffePrinter prepares a quote that includes the costs of executing the service, including but not limited to the costs of materials, transportation, and installation. Once the quote is accepted by the consumer or entrepreneur, the contract is concluded, and the service will be executed on the agreed date, in accordance with the conditions presented in the quote. GiraffePrinter reserves the right to refuse service execution if the information provided by the consumer or entrepreneur regarding the location is incorrect or incomplete.
5. Prices and Payment
5.1 The prices of products are clearly stated on the GiraffePrinter website and include VAT, except for wall printing or other surfaces, where the offer is created individually for each order. Prices are presented in a way that is understandable for both consumers and entrepreneurs.
5.2 Payments must be made at the time of placing the order unless otherwise agreed. GiraffePrinter may offer various payment methods that will be tailored to the needs of both consumers and entrepreneurs.
5.3 In the case of services at the specified address, payment is settled immediately after the service is completed or within a previously agreed timeframe. Payment terms should be clearly defined and agreed upon with the client before the service is executed.
5.4 For wall printing orders, GiraffePrinter may require a deposit before starting the execution of the order. The amount of the deposit and the terms of its payment are clearly communicated to both the consumer and the entrepreneur before the offer is accepted.
5.5 Any shipping costs or other additional fees are clearly communicated to both the consumer and the entrepreneur before placing the order.
5.6 If the price was determined based on an offer, it is valid for 1 month from the date of the offer, unless stated otherwise. GiraffePrinter reserves the right to change prices depending on market conditions, which should be clearly communicated.
5.7 If the invoice is not paid on time, both the consumer and the entrepreneur will be in default. GiraffePrinter reserves the right to charge interest and collection costs in accordance with the legal provisions that apply to both customer groups.
5.8 In the event of non-receipt of payment after a chargeback, the matter may be referred to a collection agency. This applies to both consumers and entrepreneurs, who will be informed of the possible legal consequences associated with non-payment.
6. BTW Rates
6.1 Almost all photographic products from GiraffePrinter are subject to a BTW rate of 21%, unless otherwise stated.
6.2 In the case of sales to both consumers and entrepreneurs from Belgium, GiraffePrinter applies a BTW rate of 21%.
6.3 For sales within Europe, the applicable BTW rate is that of the country where the billing address of the buyer (consumer or entrepreneur) is located.
6.4 If the buyer (consumer or entrepreneur) is a company from outside the Netherlands but within Europe and holds a valid BTW identification number, the reverse charge principle applies. In this case, the buyer is responsible for fulfilling the tax obligations in their respective country.
7. Delivery and Shipping
7.1 GiraffePrinter makes every effort to deliver orders as quickly as possible, according to the specified deadline, unless otherwise stated. GiraffePrinter reserves the right to inform buyers of the estimated delivery time.
7.2 Delivery delays may occur due to circumstances beyond GiraffePrinter’s control, such as transport issues or force majeure. GiraffePrinter will inform the buyer of such delays as soon as possible.
7.3 The buyer, whether a consumer or an entrepreneur, may contact GiraffePrinter via email (info@giraffeprinter.com) during the ordering process to arrange for expedited service.
a. In the case of standard shipping, efforts will be made to deliver the order within a maximum of 5 business days. Delays may occur due to unforeseen circumstances or logistical constraints.
7.4 The risk of damage and/or loss of products remains with GiraffePrinter until the order is delivered to the buyer or their designated representative, unless otherwise agreed. In case of issues, the buyer should contact customer service, which will assist in taking appropriate steps to resolve the issue. The rules regarding the risk of damage or loss of products apply equally to consumers and entrepreneurs.
8. No Right of Withdrawal
8.1 The right of withdrawal from the contract and the return of goods do not apply due to the specific nature of the products, which are personalized and made to order, meaning they cannot be resold.
8.2 The purchaser understands and agrees that the ordered products are made to order according to their specifications and, therefore, cannot be returned or canceled, unless there are production defects or discrepancies with the order. Complaints will not be accepted if they result from errors on the part of the purchaser, such as submitting incorrect text or images.
8.3 In the case of production defects or discrepancies with the order, the purchaser should contact GiraffePrinter and submit a complaint within 5 days from the date of delivery of the order. GiraffePrinter will consider the complaint and offer appropriate solutions and corrections. Complaints can be submitted by sending an email to: info@giraffeprinter.com. The complaint procedure applies to both consumers and entrepreneurs.
9. Order Cancellation and Returns
9.1 Once an order is placed, production begins almost immediately. Therefore, cancellation or modification of the order is generally not possible. The purchaser has the right to contact GiraffePrinter in an attempt to cancel the order; however, it cannot be guaranteed that such a request will be honored.
9.2 The purchaser does not have the right to cancel the order in the following cases: a. Delays in the delivery or production of the order.
b. Subjective errors in receiving the product, such as personal preferences or interpretations.
c. Variations in quality, including but not limited to color deviations, material deviations, or other unavoidable production variations inherent to the manufacturing process.
9.3 GiraffePrinter makes every effort to produce and deliver orders with the utmost care and accuracy. Color deviations may occur for various reasons, including individual display settings. Therefore, GiraffePrinter cannot guarantee exact color reproduction in the final product.
9.4 Quality of Submitted Photos: a. GiraffePrinter products are produced in large sizes, meaning the quality of the submitted photos is crucial to the final result.
b. GiraffePrinter is not responsible for the quality of the submitted photos. The purchaser is responsible for providing images with appropriate resolution and quality.
c. Whenever possible, GiraffePrinter’s graphic team makes efforts to improve the quality of the submitted photographs; however, this does not guarantee achieving the expected result.
9.5 In the case of a justified complaint regarding the product’s quality, the purchaser should contact GiraffePrinter within a reasonable time to discuss the situation and seek an appropriate solution. Complaints should be submitted within 5 days of the delivery date of the order.
9.6 GiraffePrinter is not responsible for improving the quality of photos if the provided files are inappropriate or have too low a resolution, making it impossible to achieve the expected result.
10. Warranty and Complaints
10.1 GiraffePrinter guarantees that the delivered products comply with legal requirements and are free from material and manufacturing defects.
10.2 Complaints regarding defects or non-conformities must be submitted to GiraffePrinter in writing within 5 days from the date of product delivery or service execution.
10.3 All deviations and complaints can be reported to the email address: info@giraffeprinter.com. Consumers and entrepreneurs are informed that complaints will be handled in accordance with applicable laws.
11. Processing of Photos
11.1 The purchaser guarantees that they have the right to use the provided photos, including the appropriate licenses, and agrees to their processing by GiraffePrinter.
11.2 GiraffePrinter will use the provided photos solely for the production of ordered products and for customer service purposes, such as handling complaints, and will not disclose them to third parties without the purchaser’s consent, unless required by law.
11.3 GiraffePrinter stores files and photos submitted by purchasers on the website for a period of 40 days. If the photos are needed for a longer period, for example, to process complaints, GiraffePrinter reserves the right to store them for a longer time.
11.4 After 40 days, files and photos are automatically deleted from GiraffePrinter’s server unless legal regulations require their continued storage or they are necessary for the performance of the contract.
12. GDPR Principles
12.1 GiraffePrinter processes the personal data of purchasers (consumers and entrepreneurs) in accordance with applicable privacy regulations, including the General Data Protection Regulation (GDPR), known in the Netherlands as the Algemene Verordening Gegevensbescherming (AVG).
12.2 Personal data will be used solely for order processing and customer service purposes. GiraffePrinter may also process data for analytical and marketing purposes if the purchaser has provided explicit consent.
13. Processing of Illegal Images/Files
13.1 GiraffePrinter respects copyright laws and requests that purchasers (consumers and entrepreneurs) only use images and files for which they have rights or that are free from copyright restrictions. Purchasers are responsible for ensuring that the content they provide is legal.
13.2 GiraffePrinter reserves the right to refuse or cancel orders in the event of suspected copyright infringement or the presence of illegal content. Purchasers will be informed of the reasons for such a decision, if possible.
13.3 If GiraffePrinter becomes aware of illegal content, it reserves the right to remove the relevant information and, if necessary, report the matter to the appropriate authorities. Purchasers will be informed of the content removal, if possible.
13.4 Purchasers bear full responsibility for the content of the images and files they provide and indemnify GiraffePrinter against any claims by third parties regarding the content of the images and files.