General Terms and Conditions BQStoreNL, part of 3DPrinterPoint BV
Article 1. Definitions
1.1. In these General Terms and Conditions, the following terms are used in the following sense, unless explicitly stated otherwise or the context indicates otherwise:
BQStore NL: the user of these terms and conditions: BQStoreNL is part of 3DPrinterPoint B.V. established at the Central Railway in Arnhem, registered at the Chamber of Commerce under Chamber of Commerce number 126.96.36.199;
customer: the natural person who places an order via the website at 3DPrinterPoint and / or who has created an account on the website;
agreement: the agreement between 3DPrinterPoint and the customer;
product: the product that is sold through the website;
website: the websites bqstore.nl, bqstore.be and bqstore.de that are managed by 3DPrinterPoint.
Article 2. General
2.1. These general terms and conditions apply to all agreements entered into via the website between BQStoreNL and the customer and to the use of the website.
2.2. Clauses that deviate from these general terms and conditions are only valid if and insofar as parties have explicitly agreed in writing or via e-mail.
2.3. If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or should be annulled, then the remaining provisions in these general terms and conditions remain fully applicable. The invalid or voided provisions will be replaced by BQStoreNL, whereby the purpose and scope of the original provision (s) will be taken into account wherever possible.
2.4. If BQStoreNL does not always demand strict compliance with these general terms and conditions, this does not mean that the provisions thereof do not apply or that BQStoreNL would lose the right to demand strict compliance with the provisions of these general terms and conditions to some extent.
Article 3. The offer
3.1. Offers are non-binding.
3.2. Offers do not automatically apply to future agreements.
3.3. BQStoreNL is not bound by its offer if there are printing, typesetting or programming errors in its e-mail messages or on the website.
3.4. The range offered on the website can be changed.
Article 4. Images and other information
4.1. All images, dimensions, colors, weights, etc. of the products offered on the website are only approximate and cannot be a reason for compensation and / or dissolution.
Article 5. Formation of the agreement
5.1. The agreement is established after the customer has completed the ordering process via the website.
5.2. After the agreement has been concluded via the website, BQStoreNL will send the customer a confirmation via e-mail that BQStoreNL has received the order. This confirmation e-mail contains the order number and the other details of the customer's order. If the customer has not received a confirmation e-mail from BQStoreNL immediately after placing the order, the customer must contact BQStoreNL customer service.
5.3. The order can only be placed via the website after the customer has clicked that he agrees with these terms and conditions.
Article 6. Account
6.1. To be able to use the website, the customer must create an account on the website.
6.2. The customer's account can only be activated after the customer has clicked that he agrees with these terms and conditions.
6.3. After the customer has created an account on the website, he will receive a confirmation by e-mail.
6.4. The customer is responsible for the use of his login details. BQStoreNL cannot be held liable in any way for the loss of login codes applied by the customer. BQStoreNL can therefore not be held responsible if unauthorized third parties use the log-in codes of the customer. If unauthorized third parties use the log-in data of the customer, the customer must immediately inform BQStoreNL thereof.
6.5. The customer can close his account at any time. BQStoreNL also has the right to cancel the customer's account. The customer is informed of this by e-mail.
Article 7. Products designed by the customer
7.1. The customer can submit a design for a product via the website. BQStoreNL will use a 3D printer to print the design of the customer and deliver the product to the customer. BQStoreNL is not responsible for incorrect designing of a design by the customer.
7.2. The customer is not permitted to instruct BQStoreNL to print products that infringe on the rights of third parties, such as, but certainly not limited to, intellectual property rights of third parties. If BQStoreNL finds or suspects that the order placed by the customer is in violation of the rights of third parties, then BQStoreNL has the right to cancel the order.
7.3. The customer is responsible for the product to be printed. BQStoreNL is not obliged to check whether the product violates the rights of third parties or is in violation of the law. All costs that BQStoreNL has had to incur or all damage it has suffered as a result of the product violating the rights of a third party or violating the law are charged to the customer.
7.4. If the product is printed to the design of the customer, the customer cannot invoke his right of withdrawal, see also article 13.2.
Article 8. Obligations of the customer, uploading of a design and use of the website
8.1. All data provided to BQStoreNL by the customer upon the conclusion of the agreement or when creating an account on the website must be correct and complete.
8.2. When contacting via the contact form of the webshop, the customer can upload a file.
8.3. The customer is not allowed to upload a file that:
violates national and international legislation;
violates good morals or the spirit of conduct and rules of conduct that apply on the internet;
violates the rights of third parties. It is expressly not permitted to place a design whose intellectual property rights are vested in a third party and this third party has not given permission to place the design;
may cause harm to, or be harmful or discriminatory to, others, such as abusive, defamatory, aggressive, inflammatory or pornographic designs.
8.4. BQStoreNL has the right at all times, without notice, to remove the uploaded design of the customer from the website.
8.5. By uploading a design, the intellectual property rights to the design remain with the customer. The customer remains the owner of the design.
8.6. The customer himself must arrange for copies and / or a backup of the file. BQStoreNL cannot be held liable for the loss of the customer's file, because BQStoreNL has deleted the file or has stopped using its website.
8.8. The use of the website is entirely at the risk of the customer. BQStoreNL cannot be held liable for any damage that is (partly) caused by the use of the website. BQStoreNL is in no way responsible for the suitability of the website for any purpose or use.
8.9. The customer is not allowed to:
use the website for commercial purposes;
copy the content or parts of the content of the website;
violate the (intellectual property) rights of BQStoreNL or third parties when using the website.
8.10. BQStoreNL has the right to make changes to the website or to put the website offline.
8.11. The website is offered in its current state and as available, without any express or implied warranty of any kind.
8.12. It is not permitted to use the website in a way that could hinder other users or otherwise affect the proper functioning of the website. Furthermore, it is not permitted to bypass security measures or by using other than your own personal login details to use closed parts of the website.
Article 9. Prices
9.1. The prices on the website for the products include VAT, can be purchased excluding VAT, depending on the customer.
9.2. BQStoreNL has the right to adjust its prices from time to time.
Article 10. Shipping costs
10.1. The prices quoted are exclusive of shipping costs.
10.2. The amount of the shipping costs is made known to the customer on the website before the customer can confirm his order.
Article 11. Delivery period
11.1. The stated delivery period cannot be regarded as a strict deadline.
11.2. If BQStoreNL cannot deliver the products ordered via the website within 30 days after the order, BQStoreNL informs the customer and the customer has the right to terminate the agreement free of charge, unless the parties have expressly agreed a longer delivery period. If the customer terminates the agreement, BQStoreNL will refund amounts already paid within 14 days after the termination.
Article 12. Delivery
12.1. The products are sent to the address specified by the customer.
12.2. If the customer wishes to collect the products from BQStoreNL, the customer must submit a request to BQStoreNL. If BQStoreNL honors this request, an appointment will be made with the customer. BQStoreNL cannot be obliged to comply with this request.
Article 13. Right of withdrawal
13.1. The customer has the right to dissolve the agreement without giving any reason within 14 calendar days after receiving the entire order. The customer receives via form or upon delivery a form that the customer must use if he wants to terminate the agreement. The customer is informed of this right of withdrawal via e-mail before delivery or in writing upon delivery of the ordered products.
13.2. Article 13.1 does not apply to products that have been manufactured to the specifications of the customer, such as products that have been printed by BQStoreNL on the basis of the customer's design.
13.3. The customer must return the products within 14 days after the termination of the agreement, provided that they are unused, undamaged and unchanged and in the original packaging. The customer must sufficiently frank the package that he sends back.
13.4. If the returned products are damaged, incomplete, used or not correctly packaged, the right to terminate the agreement in accordance with Article 13.1 will lapse. In such a case, BQStoreNL does not accept the products and / or BQStoreNL returns the products to the customer.
13.5. If the customer terminates the agreement in accordance with this article, the shipping costs associated with returning the product will be borne by the customer.
13.6. In the event of a dissolution as described in this article, BQStoreNL will refund funds already paid within 14 days of receiving the returned products (purchase price + the shipping costs for delivering the products).
Article 14. Return address
14.1. The products must be returned to the following address:
Article 15. Payment
15.1. The customer can pay for the products ordered via the website in the following ways:
Bank transfer and cash payment only if agreed with BQStoreNL
Article 16. Complaints and warranty
16.1. Visible defects in the delivered products must be reported to BQStoreNL as soon as possible after delivery.
16.2. If the customer accepts the package containing the products while the package is damaged, then BQStoreNL is not liable for that damage.
16.3. For questions about the order or the submission of a complaint, the customer can contact BQStoreNL customer service. BQStoreNL's customer service can be reached in the following ways:
Via e-mail: info @ bqstore.nl
Via the contact form on the webshop.
16.4. Complaints are handled by BQStoreNL within 30 days. If a complaint cannot be processed within the 30-day period, the customer will be informed of the delay.
16.5. The customer must give BQStoreNL the opportunity to investigate the complaint.
16.6. If a factory warranty is granted on a delivered product, the warranty period will commence at the time of delivery of the product. The factory warranty and the way in which the customer can invoke the factory warranty is stated in the documentation that comes with the product.
16.7. The warranty expires and complaints about the delivered products will not be processed if:
the customer does not immediately report any defects to the delivered goods in writing or via e-mail to BQStoreNL after the defect has been established;
the customer and / or third parties have carried out work and / or changes and / or repairs to the delivered goods;
the user instructions provided have not been accurately followed;
defects are the result of improper use;
defects are the result of normal wear and tear;
defects are the result of any government regulation regarding the nature or quality of the materials used;
there is a slight standard deviation and / or technically unavoidable deviation.
16.8. Replacing or repairing products does not extend the warranty period.
Article 17. Liability
17.1. BQStoreNL cannot be held to compensate for any damage that is a direct or indirect consequence of:
an event that is in fact beyond its control and therefore cannot be attributed to it, as described, inter alia, in Article 18 of these general terms and conditions;
any act or negligence on the part of the customer.
17.2. BQStoreNL is not liable for any damage caused by temporary or unavailability of the order option, inaccessibility or removal of its website due to maintenance or otherwise.
17.3. The colors that can be seen on the customer's screen may differ from the colors that the product actually has. BQStoreNL is not liable for such color deviations.
17.4. BQStoreNL is not liable for damage, of any nature whatsoever, because BQStoreNL relied on incorrect and / or incomplete information provided by the customer.
17.5. If the customer or a third party makes changes to the items supplied by BQStoreNL, BQStoreNL excludes any liability with regard to the operation and any (consequential) damage.
17.6. BQStoreNL is not liable for any accidents with or damage to the product, for example due to incorrect or improper use or use contrary to the user instructions. The customer is at all times responsible for ensuring that he and / or a third party handles the product with care.
17.7. BQStoreNL is not liable for any damage whatsoever because the customer has not followed all safety regulations.
17.8. BQStoreNL can never be held liable for damage that has arisen because the customer has used the delivered product for a purpose other than for which the product is intended.
17.9. BQStoreNL is never obliged to pay compensation as a result of consequential damage. In any case, consequential damage is deemed to be lost turnover, lost profit, missed savings, production damage, business damage, delay damage and indirect damage.
17.10. BQStoreNL is not liable for mutilation or loss of data as a result of sending the data using telecommunication facilities.
17.11. If BQStoreNL is liable for any damage, then the liability of BQStoreNL is limited to the amount of the payment made by the insurer of BQStoreNL. If in any case the insurer does not pay out or the damage is not covered by the insurance, the liability of BQStoreNL is limited to the invoice amount, at least to that part of the agreement to which the liability relates.
17.12. The limitations of liability included in these general terms and conditions do not apply if the damage is due to intent or deliberate recklessness on the part of BQStoreNL or its subordinates.
17.13. If the customer acts contrary to these general terms and conditions, fails to comply with his obligations arising from the law or acts unlawfully towards BQStoreNL, the customer must compensate BQStoreNL for any damage that BQStoreNL suffers as a result. Damage should also be understood to mean loss of turnover, reputation damage and fines imposed by government agencies.
Article 18. Force majeure
18.1. BQStoreNL is not obliged to fulfill any obligation if it is prevented from doing so due to force majeure. Events that are in fact outside the control of BQStoreNL, or that cannot and cannot be attributed to BQStoreNL, are in any case considered: non, incomplete and / or delayed delivery by BQStoreNL's suppliers; war and danger of war; import and export bans; measures taken by Dutch and / or international and / or foreign government bodies that make the implementation of the agreement more difficult and / or more expensive than could have been foreseen when the agreement was concluded; strikes and / or occupancy; epidemics; traffic disruptions; weather influences; loss or damage during transport; fire; theft; disruptions in the supply of energy; Internet malfunction.
18.2. Force majeure is also understood to mean a shortcoming on the part of suppliers to BQStoreNL as a result of which BQStoreNL cannot fulfill its obligations, in time or in full.
18.3. Insofar as BQStoreNL has at the time of the occurrence of force majeure partly fulfilled its obligations under the agreement or will be able to fulfill it, then BQStoreNL is entitled to declare the part already fulfilled or to be fulfilled separately. The client is obliged to pay this declaration as if it were a separate agreement.
Article 19. Confidentiality
19.1. Both parties are obliged to maintain the confidentiality of all confidential information that they have received from each other or from another source in the context of their agreement. Information is considered confidential if this is stated by the other party or if this results from the nature of the information. The party that receives confidential information will only use it for the purpose for which it was provided.
19.2. BQStoreNL processes personal data in accordance with the Personal Data Protection Act.
Article 20. Intellectual property rights
20.1. The customer must fully and unconditionally respect all intellectual property rights that rest on the products supplied by BQStoreNL, on the website and on all designs included on the website.
20.2. The customer indemnifies BQStoreNL against the claims of third parties or for the direct and indirect consequences, both financial and other, that arise from:
the sale or commercialization of the product printed to the design of the customer;
the design placed on the website by the customer.
20.3. BQStoreNL explicitly excludes all liability based on national or international legislation in the field of intellectual property.
Article 21. Security and internet
21.1. BQStoreNL will take appropriate security measures to protect the website against the risks of unauthorized access to, modification, destruction or loss of data entered by the customer through the website.
Article 22. Applicable law and competent court
22.1. Every agreement between BQStoreNL and the customer is exclusively governed by Dutch law.
22.2. All disputes regarding agreements between the customer and BQStoreNL will be settled by the competent court in the Netherlands within whose jurisdiction the seat of BQStoreNL is located. The customer has the option within 1 month after BQStoreNL has made a written appeal to this article to choose the competent court according to the law.
Do you have any questions regarding these terms and conditions? Feel free to contact us via info @ bqstore.nl; we are happy to answer all your questions.