General Terms and Conditions POSTEDbyMac
Table of Contents
Article 1 – Definitions
Article 2 – Identity of the Seller
Article 3 – Applicability
Article 4 – The Offer
Article 5 – Formation of the Agreement
Article 6 – Performance of the Agreement
Article 7 – Delivery
Article 8 – Packaging and Transport
Article 9 – Inspection and Complaints
Article 10 – Prices
Article 11 – Payment and Collection Policy
Article 12 – Retention of Title
Article 13 – Warranty
Article 14 – Suspension and Termination
Article 15 – Limitation of Liability
Article 16 – Force Majeure
Article 17 – Transfer of Risk
Article 18 – Intellectual Property Rights
Article 19 – Privacy, Data Processing and Security
Article 20 – Complaints
Article 21 – Applicable Law
Article 1 – Definitions
In these general terms and conditions, the following terms shall have the meanings set out below, unless expressly stated otherwise:
Company: the natural or legal person acting in the exercise of a profession or business.
Seller: the provider of Products to the Buyer, hereinafter: POSTEDbyMac.
Buyer: the Company or Consumer who enters into a (distance) Agreement with the Seller.
Consumer: the natural person not acting in the exercise of a profession or business.
Recipient: the Company or Consumer who actually receives the Products.
Products: the products offered by POSTEDbyMac consist of various (wrapped) gifts and personal cards that can be sent by post.
Offer: any written offer to the Buyer for the supply of Products by the Seller to which these terms and conditions are inseparably linked.
Agreement: the (distance) purchase agreement concerning the sale and delivery of Products purchased by the Buyer from POSTEDbyMac.
Article 2 – Identity of POSTEDbyMac
POSTEDbyMac is registered with the Dutch Chamber of Commerce under number [INSERT KVK NUMBER] and is established at [INSERT ADDRESS].
Email address: [INSERT EMAIL ADDRESS]
Website: [INSERT WEBSITE]
Article 3 – Applicability
These general terms and conditions apply to every Offer made by POSTEDbyMac and to every Agreement concluded between POSTEDbyMac and a Buyer, as well as to every Product offered by POSTEDbyMac.
Before a (distance) Agreement is concluded, the Buyer shall be provided with these general terms and conditions. If this is not reasonably possible, POSTEDbyMac will indicate how the Buyer can inspect the terms and conditions, which are in any event published on the website of POSTEDbyMac, so that the Buyer can easily store them on a durable data carrier.
In exceptional situations, deviations from these terms and conditions may be agreed explicitly and in writing with POSTEDbyMac.
Any general or purchasing conditions of the Buyer are expressly rejected.
If one or more provisions of these general terms and conditions are wholly or partially null and void or annulled, the remaining provisions shall remain fully applicable.
Article 4 – The Offer
All offers made by POSTEDbyMac are non-binding unless explicitly stated otherwise in writing.
Obvious errors or mistakes in the Offer are not binding on POSTEDbyMac. Images and specifications are indicative and cannot constitute grounds for termination or compensation.
Delivery times are indicative and not strict deadlines unless expressly agreed otherwise.
Offers are valid while stocks last and according to the “while supplies last” principle.
Article 5 – Formation of the Agreement
The Agreement is concluded at the moment the Buyer accepts an Offer from POSTEDbyMac and pays for the relevant Product.
POSTEDbyMac confirms the Agreement by email.
Companies are not entitled to a right of withdrawal.
Consumers are entitled to the statutory 14-day right of withdrawal, unless the Product concerns custom-made, personalized products, or products that cannot be returned for hygiene reasons. The direct costs of return shipment are borne by the Buyer.
Article 6 – Performance of the Agreement
POSTEDbyMac shall perform the Agreement to the best of its knowledge and ability.
POSTEDbyMac is entitled to engage third parties.
The Buyer must provide all necessary information in a timely manner. If this obligation is not met, POSTEDbyMac may suspend performance.
POSTEDbyMac is not liable for damage resulting from incorrect or incomplete information provided by the Buyer.
Article 7 – Delivery
Delivery takes place at the address provided by the Buyer.
Delivery times are indicative. Exceeding a delivery time does not entitle the Buyer to compensation.
POSTEDbyMac is entitled to make partial deliveries.
Delivery will only take place if all outstanding invoices have been paid in full.
Article 8 – Packaging and Transport
POSTEDbyMac will carefully package the Products.
Acceptance of a shipment without remarks shall serve as proof that the packaging was in good condition.
Article 9 – Inspection and Complaints
The Buyer must inspect the Product within 14 days of receipt.
Visible defects must be reported in writing within 14 days via [INSERT EMAIL ADDRESS].
Returns may only take place in accordance with the instructions of POSTEDbyMac.
Refunds will be processed within 14 days after receipt of the returned Product.
Article 10 – Prices
All prices include VAT unless stated otherwise.
POSTEDbyMac is entitled to adjust prices in the event of changes in VAT rates or external cost factors.
Article 11 – Payment and Collection Policy
Payment must be made in advance via the offered payment methods.
In the event of late payment, the Buyer shall be in default and statutory interest and collection costs shall be due in accordance with Article 6:96 of the Dutch Civil Code.
Article 12 – Retention of Title
All delivered Products remain the property of POSTEDbyMac until full payment has been received.
Article 13 – Warranty
POSTEDbyMac warrants that the Products comply with the Agreement and applicable legal requirements.
Any “open on” stickers do not guarantee delivery before a specific date.
Article 14 – Suspension and Termination
POSTEDbyMac may suspend or terminate the Agreement in the event of non-performance by the Buyer.
Article 15 – Limitation of Liability
The liability of POSTEDbyMac is limited to the amount of the relevant order, unless there is intent or gross negligence.
POSTEDbyMac is not liable for indirect or consequential damages.
Article 16 – Force Majeure
POSTEDbyMac is not liable in cases of force majeure, including but not limited to malfunctions, government measures, transport problems, strikes, or natural disasters.
Article 17 – Transfer of Risk
For Companies, the risk transfers at the time of shipment.
For Consumers, the risk transfers upon delivery to the specified address.
Article 18 – Intellectual Property Rights
All intellectual property rights are vested in POSTEDbyMac.
The Buyer is not permitted to reproduce or disclose materials without prior written consent.
Article 19 – Privacy, Data Processing and Security
POSTEDbyMac processes personal data carefully in accordance with applicable privacy legislation (GDPR).
Article 20 – Complaints
Complaints must be submitted within 14 days via [INSERT EMAIL ADDRESS], stating “Complaint” in the subject line.
POSTEDbyMac will provide a substantive response within 14 days.
Article 21 – Applicable Law
All Agreements are governed by Dutch law.
Disputes shall be submitted to the competent court in the district where POSTEDbyMac is established, unless mandatory law provides otherwise.