Termini e condizioni

• Applicability
a. These terms apply to all offers, agreements, and all obligations resulting from them, made by or with Kortpack BV.
b. Deviations from these terms are only permitted if approval has been granted, for which only the management of Kortpack BV is authorized. Such a provision applies only to the agreement in which it was made.
c. The term (customer) hereinafter means the counterparty of Kortpack BV in offers, agreements, and the obligations resulting from them.
d. Unless otherwise agreed in writing, all quotations of Kortpack BV and the obligations between Kortpack BV and the customer are governed exclusively by the following terms.
e. The applicability of the customer’s general terms and conditions is expressly rejected.
f. Kortpack BV reserves the right to amend its general terms and conditions without any effect on agreements already concluded, as well as all agreements resulting from them. The counterparty will be informed in writing at least one month prior to the stated amendment.
g. Any nullity, partial nullity, or invalidity of one or more provisions of this agreement does not affect the validity and applicability of the remaining provisions.

• Offers and orders
a. All offers of Kortpack BV with the prices stated therein are valid for 30 days, or for such longer or shorter period as indicated therein, and are always made without obligation. They may be revoked by Kortpack BV within three working days after receipt of acceptance.
b. Kortpack BV – even if it has made an offer – is only bound once it has accepted an order in writing by email, fax, or other comparable communication, or has proceeded to actual performance.

• Prices
a. Our prices include packaging costs and exclude VAT.
b. Prices are based on the factors applicable at the time the quotation is issued or the agreement is concluded, including wages, social and fiscal charges, levies, insurance premiums, raw material and material prices, import duties and freight costs, and exchange rates against the Euro. If, after the quotation or conclusion of the agreement and before delivery, changes occur in these price-determining factors such that this leads to an increase in Kortpack’s cost price, Kortpack BV is entitled to increase the agreed price accordingly and invoice the customer for that price increase, even if that increase in cost price was already foreseeable when the agreement was entered into.

• Delivery and risk
a. Unless expressly agreed otherwise, delivery times stated by Kortpack BV shall never be regarded as strict deadlines. If the stated delivery times are exceeded, Kortpack BV will only be in default after written notice sent by registered mail. If, for the performance of the agreement, Kortpack BV requires data or aids that must be provided by or on behalf of the customer, the delivery periods commence on the day on which all required data or aids are in the possession of Kortpack BV.
b. From the moment of delivery, the goods are at the customer’s risk and all direct and indirect damage that may arise to and/or from the goods for the customer and/or third parties is for the customer’s account. For the purpose of this provision, the moment of delivery also includes the day of delivery referred to in Article 5 under b.
c. Delivery always takes place alongside the vehicle that delivers the items. The customer is obliged to take receipt of the items there. The customer, together with us, is responsible for unloading the goods. If the customer fails to do so, any additional costs incurred by us as a result shall be for the customer’s account.

• Obligation to take delivery
a. The customer is obliged to provide the cooperation necessary for Kortpack BV to perform its obligations, explicitly including the obligation to take delivery of purchased goods.
b. Acceptance is deemed to have been refused if ordered goods have been offered to a customer for delivery, but delivery was not possible. The day on which acceptance is refused shall be regarded as the day of delivery.
c. In the event of refusal of acceptance, the customer owes Kortpack BV damages equal to the purchase price of the goods whose delivery was refused, increased with statutory interest on that amount from the day of delivery and the costs incurred by Kortpack BV as a result of the refusal of acceptance. These costs explicitly include a reasonable storage fee, related to customary local rates. This does not prejudice any other rights of Kortpack BV in respect of the customer’s shortcomings.
d. Orders can only be cancelled with the consent of Kortpack BV, against which Kortpack BV may set conditions.

• Tolerances
With regard to the agreed specifications, the following deviations, both upward and downward, are permissible. For assessment, the average of the total quantity delivered in one (1) type, quality, colour and design shall be the standard.
a. With regard to colour, slight deviations in colour printing are not grounds for rejection.
b. With regard to quantity, Kortpack BV is deemed to have performed properly if deviations in the quantity do not exceed: 30% above or below the stated quantity for orders up to 500 kg, 20% above or below the stated quantity for orders from 500 up to 5000 kg, 10% above or below the stated quantity for orders above 5000 kg. Per order is understood one (1) order in one (1) format and one (1) quality. Invoicing takes place on the basis of the quantity actually delivered.
c. With regard to thicknesses, the permissible deviation of a single measurement may be 10% upward or downward.
d. With regard to dimensions, the permissible deviation may be 5% both in length and width.

• Complaints
a. The inspection of the quantity and the external condition of what has been delivered rests with the customer. If no written complaint is made as soon as possible and in any event within 48 hours after receipt of the delivery, the delivery shall be deemed correct with regard to quantity and external condition.
b. Other complaints must be submitted in writing by the customer to Kortpack BV no later than 8 days after delivery of the goods.
c. If the goods have been wholly or partly processed and/or resold, they are deemed approved and Kortpack BV’s liability in that respect lapses.
d. Complaints about invoices must be submitted in writing within 8 days after the date of dispatch of the invoices.

• Returns
a. The right of withdrawal as described in this article applies exclusively if and insofar as this is legally required. In all other cases, including business orders, returns are only permitted after prior written permission from the entrepreneur.
b. Returning an item/order must be reported in writing by email. The notification can be emailed to info@kortpack.nl.
c. The items must be unused, properly packed in the original packaging, and must arrive undamaged.
d. Return shipping costs are for the customer’s account.
e. The customer may return the item/order to Kortpack themselves, or if desired Kortpack can arrange transport. In the latter case, the costs incurred by Kortpack will be deducted from the credit invoice.
f. An indication of the return costs can be found on the customer service page “Cancel and Return”.
g. Return notification is possible within 14 days after receipt of the order. The item/order must be returned within the same 14 days.
h. The customer returns the item/order with all supplied accessories. This also includes gifts provided from a certain order value.
i. The risk and burden of proof for the correct and timely exercise of the right of withdrawal rests with the customer.
j. Damage caused by insufficient or defective packaging in return shipments is for the customer’s account.
k. Unfranked and not pre-notified return shipments are not accepted.
l. The entrepreneur uses the same means of payment that the customer used for repayment, unless the customer agrees to another method. The repayment is free of charge for the customer.
m. Where a refund is due, it will be carried out within 14 days after receipt of the return shipment.
n. Excluded from return are:

1. Custom-made products

2. Custom-printed products

3. Products specially ordered at the customer’s request and not part of the standard range

4. Products that have been used, show signs of use, or whose original packaging is missing or damaged

• Printed matter
For new or amended printings, Kortpack BV will provide a proof for approval, except where ready-to-print artwork is supplied by or on behalf of the customer. If no response is received within one (1) week from the date of the proof, the proof sent shall be deemed approved. Kortpack BV can never be held liable for any errors or defects in printing materials and/or working drawings or films supplied by or on behalf of the customer. All offered prices are always exclusive of print preparation costs. All plastic bags and/or tubing, film, bags and packaging tapes are printed in accordance with the flexo process. Minor misregistration differences cannot therefore lead to any liability of Kortpack BV. Customers must indemnify Kortpack BV against all consequences of any infringement of third-party rights by designs, drawings, designs, etc. supplied by the customers. The provisions of this article also apply to the printing of corrugated board, cardboard boxes as well as all other materials to be printed.

• Tooling costs
If die-cut tooling costs have to be incurred for the manufacture of packaging materials, these will be charged separately. These costs are never included in our prices unless expressly stated otherwise.

• Payment
a. If goods are delivered in instalments, each instalment may be invoiced separately by Kortpack BV.
b. Payment must be made prior to delivery of the goods via iDEAL, PayPal, credit card, Bancontact, Belfius, KBC/CBC, Apple Pay, Klarna, Giropay, ING Home’Pay, Sofort, or must be received by Kortpack BV within thirty days after the invoice date, or by crediting a designated bank or giro account of Kortpack BV.
c. The customer is not permitted to set off debts.
d. If the customer does not pay within the payment term, Kortpack BV is entitled to charge default interest from the due date at 1.5% per month, whereby part of a month is regarded as a full month, without prejudice to its other rights.
e. Extrajudicial collection costs shall be deemed to amount to at least 15% of the outstanding amount, with a minimum of EUR 250.
f. If Kortpack BV enters into an agreement with two or more customers, natural or legal persons, each is jointly and severally liable for full performance of the obligations arising from that agreement.
g. Kortpack BV is at all times entitled, without stating reasons, to require advance payment from the customer or to require adequate security for the proper and timely fulfilment of the customer’s payment obligations.
h. Payments by the customer shall first be applied to costs and interest due and thereafter to the oldest outstanding invoice, even if different instructions are stated with the payment.
i. Complaints do not suspend the customer’s payment obligations. All legal claims of Kortpack BV against the counterparty will only lapse after 20 years.

• Bankruptcy etc.
If the customer fails to fulfil any obligation arising from the agreement concluded with Kortpack BV, fails to do so properly or in time, as well as in the event of the customer’s bankruptcy, suspension of payments, guardianship, closure or liquidation of its business, or if the customer transfers its business to third parties, initiates a creditors’ arrangement, sees its bank credit cancelled, has the execution of its payment orders suspended by its bank, or has an attachment levied against it, the customer shall be deemed to be in default by operation of law. In such cases, Kortpack BV is entitled, at its option, without any obligation to pay compensation and without prejudice to its other rights, and without the need for a notice of default or judicial intervention, to dissolve the agreement in whole or in part or declare it dissolved, or to suspend performance of the agreement. In those cases, all claims of Kortpack BV against the customer become immediately due and payable and Kortpack BV is entitled to demand immediate payment of all amounts due to it.

• Retention of title
a. All goods delivered by Kortpack BV remain its property until full payment of all its claims – including any interest and costs due thereon – arising from agreements for the delivery of goods and the performance of related work. Until full payment and/or settlement, the customer is not entitled to pledge the goods to third parties or transfer ownership. In the course of its normal business operations, the customer is entitled to use the goods in accordance with their normal purpose. As long as full payment has not been made and the customer is in default and/or Kortpack BV has good reason to fear that the customer will fall into default of payment, it may, without prior notice of default, immediately reclaim the delivered goods. The customer grants it the authority to enter its premises and buildings for that purpose. The agreement may then be dissolved by Kortpack BV without judicial intervention, notwithstanding its right to compensation for costs, damage and interest.
b. In the event of processing, treatment or mixing of the delivered goods by or on behalf of or at the customer, Kortpack BV acquires a co-ownership right in the newly created goods and/or in the goods composed with the delivered goods, for the invoice value of the originally delivered goods. Insofar as this co-ownership still requires delivery, such delivery takes place upon conclusion of the agreement for that time.
c. The risk for the goods subject to retention of title as a result of paragraph a of this article lies with the customer after delivery. The customer is obliged to insure the said goods adequately, in any event against risks of theft, damage and loss. The customer is not permitted to pledge any claim against its insurer under the insurance referred to in this paragraph to third parties or to provide it as security to third parties in the broadest sense. Payments in respect of damage and loss of the goods referred to in this article shall replace the goods concerned.
d. The customer is obliged to immediately inform in writing any party who levies an attachment on goods delivered by Kortpack BV that fall under Kortpack BV’s retention of title, as well as, in the event of administration or bankruptcy of the customer, its trustee or administrator, with a copy thereof to Kortpack BV, that Kortpack BV has remained the owner of the delivered goods, failing which an immediately payable penalty of EUR 5,000 or, if higher, the original invoice amount of the goods shall be due. The penalty applies in addition to any obligation to pay damages.

• Liability
a. Kortpack BV accepts liability for damage suffered by the customer as a result of an attributable failure in the performance of its obligations, if and insofar as this liability is covered by its insurance, up to the amount paid out by the insurance.
b. If the insurer does not proceed to pay out for any reason, liability is limited to the invoice amount excluding VAT.
c. Contrary to paragraphs a and b of this article, Kortpack BV accepts no liability for indirect damage, including business loss and consequential damage, damage due to exceeding delivery times as a result of changed circumstances, and damage as a result of defective cooperation, information or materials from the customer.
d. Any right of the customer to compensation from Kortpack BV lapses in the event of improper use of the delivered goods or if the customer has had work carried out on those goods by third parties.
e. Kortpack BV is not liable for infringement of patents, licences or other third-party rights through the use of data provided by or on behalf of the counterparty for the performance of the order.
f. Kortpack BV is not liable if the failure is the result of force majeure. The limitations in this article do not apply if the damage is the result of intent or gross negligence of Kortpack BV.
g. Kortpack BV accepts no liability for the incorrect receipt of any message. “Message” means any communication sent by Kortpack BV, in particular email, mailings, fax or any comparable means of communication.

• Indemnification
Kortpack BV shall never be liable towards third parties for damage arising in the performance of the agreement to which these terms apply to a greater extent than it would be liable towards the customer. The customer indemnifies Kortpack BV against further liability and will, where possible, stipulate a corresponding limitation of liability in favour of Kortpack BV in its agreements with third parties.

• Force majeure
a. During force majeure, Kortpack BV’s delivery and payment obligations are suspended. If the period during which performance of Kortpack BV’s obligations is not possible due to force majeure lasts longer than 3 months, both parties are entitled to dissolve the agreement without judicial intervention, without any obligation to pay compensation in that case.
b. If, upon the occurrence of force majeure, Kortpack BV has already partly fulfilled its obligations, or can only partly fulfil its obligations, it is entitled to invoice the goods already delivered and/or the deliverable part separately and the customer is obliged to pay that invoice as if it were a separate contract.
c. Force majeure within the meaning of this article means circumstances that prevent performance of the obligation and that cannot be attributed to the seller. This includes, among other things, at Kortpack BV, third parties used by Kortpack BV or suppliers: fire, strike or lock-out, excessive staff sickness absence, transport difficulties, serious operational disruptions; flooding, war, riots or civil unrest, mobilisation; untimely or improper execution of orders by suppliers; government measures that hinder or prohibit the execution of orders, significant changes in currency relationships, energy crisis, abnormal price increases of raw materials or energy, regardless of whether the possibility of these circumstances occurring was already foreseeable at the time the agreement was concluded.

• Applicable law
Only Dutch law applies to agreements and/or obligations between Kortpack BV and the counterparty. In interpreting the text of these general terms and conditions, the literal text is decisive. In the event of differences in interpretation regarding the literal text, the interpretation as considered correct according to Dutch social standards shall apply.

• Conformity and Warranty
a. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement was concluded.
b. A warranty scheme offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert against the entrepreneur on the basis of the law and/or the distance contract in the event of a failure in the performance of the entrepreneur’s obligations towards the consumer.

• Kortpack BV and the customer exclusively the following conditions.
• The applicability of the customer’s general terms and conditions is expressly rejected.
• Kortpack BV reserves the right to amend its general terms and conditions without any effect on agreements already concluded, as well as all agreements resulting from them. The counterparty will be informed in writing at least one month prior to the stated amendment.
• Any nullity, partial nullity, or invalidity of one or more provisions of this agreement does not affect the validity and applicability of the remaining provisions.