ARTICLE 1. DEFINITIONS
1.1. &MI Papery: the one-man business &MI Papery, having its registered office in Arnhem and registered with the Chamber of Commerce under file number 71879110.
1.2. Customer: the natural or legal person that has entered into an agreement with &MI Papery
1.3. General terms and conditions: the term ‘general terms and conditions’ is understood to mean all provisions included hereinafter.
1.4. Services: all services performed by &MI Papery for the customer. These include, but are not limited to: designing and printing as an illustrator, calligrapher and engraver of wedding stationery, invitations, customised designs, as well as calligraphy on (business) gifts etc., also selling greeting cards, handmade paper and calligraphy and personalisation of various items live on location.
1.5. Agreement: the agreement between &MI Papery and the customer under which &MI Papery will perform the service.
1.6. Private customer: the natural person who is not acting in the capacity of his profession or in the name of his Company.
1.7. Information/data: all information or data originating from the customer.
1.8. In writing: by letter, e-mail and digital messages.
1.9. Advice: the result of the activities of &MI Papery.
1.10. Confidential information: all financial, business and personal data entered, processed and stored by the customer and/or &MI Papery.
1.11. Website: https://andmipapery.com.
ARTICLE 2. SCOPE
2.1. These general terms and conditions apply to all quotations made, offers issued, agreements entered into, services provided, and other acts performed by &MI Papery, unless otherwise agreed in writing.
2.2. By signing an agreement with &MI Papery, confirming an order to &MI Papery, or by agreeing via the website by placing an order through the website or by e-mailing agreement, the customer declares that he has read &MI Papery’s general terms and conditions and that he agrees to these terms and conditions.
2.3. In the event of any conflict between these general terms and conditions and any arrangements set out in an agreement, the provisions of the agreement will prevail.
2.4. These terms and conditions also apply to acts of third parties hired by &MI Papery in connection with the performance of the delivery or service.
2.5. The applicability of the customer’s general terms and conditions is rejected by the use of these general terms and conditions.
ARTICLE 3. OFFERS AND QUOTATIONS
3.1. &MI Papery’s offers are valid for the period indicated in the offer. If no period is indicated, the offer will be valid until 14 days after the date on which the offer is submitted. If the customer does not accept an offer or quotation within the applicable period, the offer or quotation will lapse. As long as the customer has not yet accepted the offer, &MI Papery is entitled to withdraw the offer. Also, the quotation and associated planning is an indication, no rights can be derived from it.
3.2. In its offer, &MI Papery will state which services are offered and what the customer owes upon acceptance of the offer. Prices mentioned in the offer will be valid for the period set out in the offer, unless explicitly agreed otherwise in writing. The offer will also state the agreed price of the chosen service/product or &MI Papery’s usual hourly rate of in addition to an estimated number of hours or the rate.
3.3. If it appears that the information provided by the customer was incorrect at the time of the enquiry or agreement, &MI Papery will be entitled to adjust the relevant prices and other conditions.
3.4. In the case of an order for personalised matter, &MI Papery reserves the right to invoice a down payment of 50% to the customer before &MI Papery will execute the order.
3.5. All prices communicated by &MI Papery are denoted in euros, exclusive of VAT for businesses and inclusive of VAT for private persons, and, unless stated otherwise, exclusive of shipping costs, printing costs, travelling costs of €0,19 per km and other established levies and/or fees.
3.6. Offers and/or special promotions do not automatically apply to follow-up orders.
3.7. &MI Papery reserves the right to change prices in the interim. In case of a price rise of the offered products after the agreement was concluded, the customer will be entitled to cancel the agreement as from the date on which the price rise takes effect. Price rises as a result of a statutory regulation or provision are hereby excluded.
3.8. &MI Papery reserves the right to increase prices annually by a percentage equal to the increase in the consumer price index as determined by the CBS (Statistics Netherlands). This price increase does not entitle the customer to dissolve the agreement.
3.9. Unless otherwise agreed, there will be the opportunity for three rounds of revision to provide feedback and/or revisions to &MI Papery during one order. Corrections may be provided within the scope of the offer, provided that they do not lead to a change in the order. &MI Papery will inform the customer in a timely manner of the timeframe for giving the feedback, unless otherwise agreed.
3.10. In the event of a change to the order, feedback given too late or the customer requesting an extra revision round, &MI Papery will charge the customer contract extras as referred to in Article 4.7. Corrections leading to a change to the order will also be charged at the &MI Papery’s hourly rate applicable at the time.
3.11. &MI Papery will not be liable and/or responsible for errors in the offer when the customer could have reasonably understood that the offer, or any part thereof, contains an obvious mistake, a manifest clerical error or typing error.
ARTICLE 4. AGREEMENT AND CONTRACT EXTRAS
4.1. An agreement is concluded at the moment the customer communicates in any manner to &MI Papery that an offer is accepted.
4.2. Once an agreement has been concluded, it can only be amended by mutual consent.
4.3. Once an agreement has been concluded, &MI Papery will perform the services promptly.
4.4. &MI Papery has the right to have certain services performed by third parties without having to inform the customer. If third parties incur additional costs as a result of the performance of the services, these will be passed on to the customer after consultation.
4.5. Any amendments to the originally concluded agreement between the customer and &MI Papery will not be valid until the time such amendments have been accepted by both parties by means of an additional or amended written agreement.
4.6. If the customer wishes to dissolve or cancel an agreement with &MI Papery, this will only be possible if, upon dissolution of the agreement, he remunerates the work carried out up to that time with a minimum of 30% of the sum agreed in the offer or, upon cancellation of the order, he pays 30 per cent of the sum agreed in the offer. The customer is also obliged to compensate any loss, lost profits and/or in any case the costs already incurred in preparing the order, such as materials already purchased.
4.7. If due to circumstances unknown at the time of the offer or order confirmation, &MI Papery, has to carry out more work than agreed in the offer or order confirmation, &MI Papery will be entitled to charge the resulting additional costs to the customer. If the customer objects to the additional costs that &MI Papery wishes to charge, the customer will be entitled to cancel the part of the order that has not yet been carried out, whereby the customer will be obliged to reimburse &MI Papery for the work carried out so far.
4.8. If the customer cancels the services agreed on a location at a predetermined date, the business customer (and the private customer as well after the expiry of the deadline in Article 6.10) will be obliged to pay a fee for the reserved time:
• cancellation up to 30 days before the start of the work: 30% of the sum agreed in the offer;
• cancellation within 30 days before the start of the work: 50% of the sum agreed in the offer;
• cancellation within 14 days before the start of the work: 75% of the sum agreed in the offer;
• cancellation within 7 days before the start of the work: 100% of the sum agreed in the offer.
4.9. &MI Papery is entitled to increase the agreed price if, after the conclusion of the agreement, one or more of the following (unforeseen) circumstances occur: increase in the costs of (source) materials or third-party services that are necessary for the fulfilment of the agreement. In all cases, &MI Papery will, in consultation with the customer, pass on the price increase to the customer.
ARTICLE 5. &MI PAPERY’S RIGHTS AND OBLIGATIONS
5.1. &MI Papery guarantees that it will carry out the order granted to the best of its ability, applying due care and professionalism.
5.2. &MI Papery endeavours to secure the data that it stores for its customer in such a manner that this data will not be available to unauthorized persons.
5.3. In the event that the customer has expressed complaints about the services and/or products provided, &MI Papery shall consult with the customer about a suitable solution for both parties.
5.4. &MI Papery has a right to have its name placed in or on the products delivered and/or the services provided. The customer is not entitled to remove this name, except in those cases in which &MI Papery has given its express consent.
5.5. In addition to the provisions of Article 5.4, &MI Papery is also entitled to publish the customer’s data and the result of its services on its website, social media channels and/or in its other promotional communications for promotional purposes.
5.6. &MI Papery is obliged to preserve the confidentiality of all confidential information obtained under the agreement between the customer and &MI Papery during the course of the cooperation or from any other source. Information will be regarded as confidential if so communicated by the other party or apparent from the standards of reasonableness and fairness.
5.7. &MI Papery reserves the right to deliver non-editable files to the customer. The customer may not make any changes to the delivered files as delivered by &MI Papery. The customer receives the files in the agreed file format.
5.8. The customer is ultimately responsible for the correctness of the data. &MI Papery presents the printed matter to the customer for inspection before giving the order to print. After the customer has approved of the printed matter, &MI Papery is not responsible for errors and/or inaccuracies in the printed matter that were visible in the digital proof.
5.9. &MI Papery reserves the right to pay in instalments agreed in advance. After a down payment, if any, the remaining amount will be invoiced upon delivery of the printed matter.
5.10. &MI Papery works virtually with its clients. If the customer expresses the wish to work or have consultations on site, an appointment can be scheduled in consultation with &MI Papery. Any costs for reservation/use of this external location will be borne by the customer.
5.11. Models, colours, weights, textures, materials, sizes and finishes are indicative only. Deviations therefrom cannot constitute grounds for rejection, discount, dissolution of the agreement or compensation for damages. &MI Papery does, however, make an effort to solve problems/complaints in connection with printed matter and het handmade paper as best as possible.
5.12. If the customer requires a proof, this will be at the customer’s expense and will be charged as contract extras as mentioned in Article 4.7.
5.13. &MI Papery will keep the customer informed of the work and the performance of the services, as far as necessary.
5.14. If it is necessary for the performance of the order for a third party to join &MI Papery, this third party will only be appointed after consultation with the customer.
ARTICLE 6. RIGHTS AND OBLIGATIONS OF CUSTOMER AND THE RIGHT OF WITHDRAWAL
6.1. In principle, the customer shall comply with the provisions laid down in these terms and conditions, unless otherwise agreed.
6.2. The customer shall provide &MI Papery with all accurate information that the customer can reasonably foresee to be necessary for the proper performance of the agreement. The customer shall in any event notify &MI Papery without delay of any changes to personal or business data or any other information requested by &MI Papery.
6.3. If notwithstanding Article 6.2 any data needed for the performance of the agreement are not provided to &MI Papery in time, &MI Papery will be entitled to suspend the performance of the agreement and/or to charge the customer with the additional costs arising from the delay.
6.4. The customer will always notify &MI Papery immediately in writing of any changes in name, address, e-mail and, if requested, bank account number.
6.5. The customer will inform &MI Papery of any complaints about the services and/or products provided by &MI Papery within 14 days after the service and/or product is provided, but no later than two months after full completion of the order. &MI Papery endeavours to deal with the complaint within 5 working days. For one year after provision of the services, the customer will indemnify &MI Papery against all legal claims arising from services and/or products provided.
6.6. The customer will make its own back-up copies of all material/data as described in Article 6.2, which &MI Papery requires for the performance of the agreement. In the event of loss of such material/data, &MI Papery will not be liable for any loss or damage arising therefrom.
6.7. When &MI Papery provides login details to the customer, the customer will be responsible for these details. &MI Papery is not liable for misuse or loss of the login details and may rely on the customer being the one who logs in using the login details provided to the customer.
6.8. The customer is obliged to preserve the confidentiality of all confidential information obtained under the agreement between the customer and &MI Papery during the course of the cooperation or from any other source. Information will be regarded as confidential if so communicated by the other party or apparent from the standards of reasonableness and fairness.
6.10. The customer may terminate a contract relating to the purchase of a product or service within 14 days without giving reasons. &MI Papery may inquire after the reason for withdrawal, but may not oblige the customer to provide the reasons for termination.
6.11. The cooling-off period referred to in Article 6.10 will commence on the day after the customer has received the product or purchased the service. In the event the service is provided within the cooling-off period, the customer explicitly consents to the delivery of the services and waives the right of withdrawal following the explicit request of &MI Papery.
6.12. If the customer makes use of the right of withdrawal, he will notify &MI Papery within the cooling-off period. Products eligible for exclusion are:
• Products/files created by &MI Papery according to customer specifications (names, special colours, special sizes dates, logos etc.);
• Products/files that are clearly personal in nature.
6.13. If the customer places an order with &MI Papery to make personalised items, the possibility to cancel is no longer open.
6.14. If the customer uses the right of withdrawal, all supplementary agreements will be cancelled by operation of law.
6.15. The risk and the burden of proof of the correct and timely exercise of the right of withdrawal will lie with the customer. The costs for return shipment will be borne by the customer. Damaged, insufficiently stamped or unstamped shipments will not be accepted by &MI Papery.
6.16. &MI Papery may exclude products from the right of withdrawal; this will be indicated to the customer at the time of the offer and again in good time prior to conclusion of the contract.
6.17. &MI Papery sends the products using a delivery service suitable for the shipment in question such as PostNL, DHL or an international delivery service. &MI Papery is not liable for loss or incorrect delivery of the product if the customer has provided an incorrect delivery address.
6.18. If the customer receives a damaged package upon receipt of a shipped package, the customer will have take photos of the damaged package and leave the package closed. The customer then contacts &MI Papery within 2 working days of receiving the package containing the delivered products. Once the customer has opened the damaged package or contacts &MI Papery too late, the customer can no longer claim any warranties.
6.19. It is not possible to exchange and/or return purchased digital products, including an e-book, template or online services such as printables. By ordering and paying for the digital products, the customer will have access to his purchase. The customer expressly agrees that by accessing his/her purchase, s/he waives the right to make use of the cooling-off period and the right to revoke the agreement.
ARTICLE 7. DELIVERY AND DELIVERY TIME
7.1. The delivery time of &MI Papery may vary per order and will be determined in consultation with the customer. The delivery time specified by &MI Papery will commence after conclusion of the agreement and after receipt of all necessary data and/or materials from the customer. The customer will provide the necessary information and/or materials within 14 working days of agreement to the offer.
7.2. &MI Papery will ship orders to the customer within 6 to 8 working days, unless a different delivery period is agreed and depending on stock. If delivery is delayed, or if an order cannot or can only be partially executed, the customer will be notified but at the latest within 30 days of placing the order. At that point, the customer may decide to cancel the agreement and will be entitled to a refund of the amount paid. A delivery time set by &MI Papery can never be considered as a deadline whose non-observance constitutes a default. Merely by exceeding a delivery time &MI Papery will not be in default by operation of law.
7.3. If the delivery time is exceeded by more than 30 days, the customer will only be authorized to dissolve the agreement if &MI Papery attributably fails to perform the material obligations under the agreement, after a proper notice of default in writing containing as many details as possible and setting a reasonable term in which the failure to perform can be remedied.
7.4. The customer shall do whatever is necessary to enable &MI Papery to deliver in time, including by providing complete, correct and clear details in a timely manner as set forth in Article 6.2.
7.5. If the customer does not, or not promptly, provides &MI Papery with the required information, and the execution of the order is delayed as a result, the customer will be charged for the additional resulting costs.
7.6. If delivery by &MI Papery is unexpectedly delayed, &MI Papery will notify the customer as soon as possible by e-mail.
7.7. Subject to evidence to the contrary, &MI Papery will have met its obligation to deliver as soon as the goods or services provided by &MI Papery have been offered once to the purchaser.
7.8. Printed matter is not delivered at weekends and on officially recognised public holidays such as announced holidays, New Year’s Day, Easter, Whitsun, Ascension Day, Good Friday, King’s Day and Christmas. Days on which &MI Papery does not deliver are reported to the customer via social media and e-mail.
7.9. If delivery by the delivery service is unexpectedly delayed, &MI Papery applies a waiting period of 10 days. Within this period, &MI Papery will investigate the delivery with the supplier and the delivery service and inform the customer as soon as possible about updates in the relevant situation.
7.10. Products or services provided by &MI Papery are solely for the use as agreed in the offer. The products delivered may not be used for commercial purposes or for purposes other than those initially agreed in the offer.
7.11. A preview via PDF per e-mail and digital previews are sometimes not equal in colour to the printed matter. &MI Papery is not liable for colour deviations on non-calibrated monitors. If the customer requires a proof, this will be at the customer’s expense and will be charged as contract extras as mentioned in article 4.7.
Errors in/on printed matter which arise after the customer’s approval cannot be attributed to &MI Papery. &MI Papery will hold the supplier of the printed matter liable for this.
7.12. The customer agrees that discolouration of paper and/or ink may occur over time, that colour differences may occur within a print run, printing techniques with regard to relief may look different in ‘real life’ than on a screen and minimal differences may occur in size and colour thereof.
ARTICLE 8. PAYMENT
8.1. The customer’s payment obligation commences on the date on which the agreement is concluded.
8.2. All invoices sent by &MI Papery must be paid by the customer within 14 days of the invoice date, unless otherwise agreed in writing. &MI Papery offers the possibility to pay the amount quoted and agreed upon in previously agreed instalments.
8.3. If the customer does not fulfil her payment obligation in time, the customer will be in default by operation of law without further notice of default being required. In this case, a collection process is started immediately.
8.4. If payment is overdue, &MI Papery may decide to put its activities on hold until the time of payment. If payments are frequently overdue, &MI Papery may decide to terminate the order unilaterally.
8.5. In case of an overdue payment, in addition to the amount due plus the statutory (commercial) interest rate, the client will be obliged to pay full compensation for both extrajudicial and judicial collection costs amounting to at least 15% of the invoice amount, with a minimum of €150, - excl. VAT (for private persons the statutory Bik rate applies), including the costs of legal experts, lawyers, bailiffs, debt-collection agencies and any legal proceedings before the court or the court of appeal.
8.6. The claim for payment is immediately due and payable if the customer is declared bankrupt, applies for a moratorium, or if the customer’s assets are seized, the customer dies and furthermore if the customer is liquidated or dissolved.
8.7. In the above cases &MI Papery will furthermore have the right to terminate or suspend the performance of the agreement or any as yet not performed part thereof without notice of default or judicial intervention, without the customer being entitled to compensation of damages incurred as a result.
8.8. The customer can notify &MI Papery in writing of any objections to any invoices sent by &MI Papery no later than 7 days after the invoice date. Upon receipt of the objection, &MI Papery will investigate the accuracy of the invoice amount. Objections to the invoices sent do not suspend the customer’s payment obligation.
8.9. All products and services provided by &MI Papery remain the property of &MI Papery until all amounts due by the customer have been paid to &MI Papery.
ARTICLE 9. RETENTION OF TITLE & INTELLECTUAL PROPERTY
9.1. All intellectual property rights, such as patent rights, design rights and copyrights to all documentation, advice, offers, models, (source) files, designs, as well as preparatory materials therefor, developed or made available in the context of the services, are vested solely in &MI Papery, unless otherwise agreed in writing.
9.2. Any products delivered and/or service provided by &MI Papery may never, in part or in whole, be changed, adjusted, reproduced or resold, unless otherwise agreed in writing. This also applies to designs that have not been selected by the customer for the delivery of the products or the provision of the services.
9.3. The contents of the &MI Papery website, including but not limited to: text, images, design, trademarks and domain names, are the property of &MI Papery and are protected by copyrights and intellectual or industrial property rights that exist under applicable law. Users of the website are not permitted to reproduce or make available the website or any part thereof without &MI Papery’s permission.
9.4. All copyrights and intellectual property in products of the human mind developed by &MI Papery are and will remain the exclusive property of &MI Papery, unless these rights are redeemed or agreement is reached otherwise.
9.5. All information published by the customer through the products supplied by &MI Papery will remain the property of the customer.
9.6. &MI Papery is not responsible for any information/content that the customer posts on the servers of &MI Papery. If the information/content posted by the customer infringes in any way the rights of third parties or is in violation of laws and regulations, the customer will indemnify &MI Papery against any claims for compensation that third parties may make as a result of the customer’s actions. The customer is also responsible for obtaining a valid licence for copyrighted material such as fonts, software, corporate identity elements, logos and images.
9.7. Any act contrary to Article 9.2 and Article 9.3 is considered to be an infringement of copyright.
9.8. In the event of infringement, &MI Papery will be entitled to compensation equal to at least twice the license fee it charges for such use without losing its right to any compensation of damages.
9.9. After delivery of the services, the products and/or the files, the customer receives an exclusive and non-transferable limited right of publication by means of a licence to use the (graphic) design, and/or files. The licence is for normal use and excludes any editing of the delivered files. Also, the licence does not cover the use of the source file, which means that the customer does not get access to the source file.
ARTICLE 10. LIABILITY
10.1. Any agreement between &MI Papery and the customer will typically be a best-efforts agreement, whereby &MI Papery will be obliged to perform its obligations to the best of its ability, exercising due care and professionalism. Consequently, &MI Papery can never be held liable for results not achieved.
10.2. In the event that, notwithstanding the provisions of Article 10.1, &MI Papery is held liable, all liability will be limited to compensation of the direct loss or damage, never exceeding once the amount (excl. VAT) stipulated for this agreement. In the event of a continuing performance agreement, any liability will be limited to compensation of the direct loss or damage not exceeding the amount of the last invoice paid by the customer.
10.3. In addition to Article 10.2, &MI Papery will then only be liable for direct loss or damage. Direct loss or damage is understood to mean exclusively:
• the reasonable costs of determining the cause and extent of the loss or damage, insofar as such determination relates to loss or damage within the meaning of these terms and conditions;
• any reasonable costs incurred to make the defective performance of &MI Papery conform to the agreement, insofar as they can be attributed to &MI Papery;
• reasonable costs incurred to prevent or limit loss or damage, insofar as the customer demonstrates that these costs have led to limitation of the direct loss or damage as referred to in this article.
10.4. &MI Papery excludes any liability for indirect loss suffered as a result of the use of services and/or products provided by &MI Papery, with the exception of situations where the loss is due to wilful misconduct or gross negligence on the part of &MI Papery.
10.5. In any case, &MI Papery will never be liable for: consequential damages, loss due to lost savings, loss due to business interruption, loss of profit and damage arising from data loss in the performance of the agreement.
10.6. The customer indemnifies &MI Papery against any and all claims for compensation that third parties may make in respect of any and all loss or damage arising in any way from the unlawful or negligent use of products and services provided by &MI Papery to the customer.
10.7. &MI Papery is never liable for the way in which the customer has received the information.
10.8. At all times, &MI Papery will be entitled to refuse an order if it contains discriminating, pornographic, insulting or threatening content.
ARTICLE 11. INTERRUPTION OF SERVICES AND FORCE MAJEURE
11.1. &MI Papery will not be bound by its obligations under the agreement if performance has become impossible due to force majeure. If the force majeure continues for a period of 90 days, both parties will be entitled to dissolve the agreement. What has already been performed under the agreement will be settled proportionally.
11.2. For its activities, &MI Papery depends on the cooperation, services and supplies of third parties, on which &MI Papery has little or no influence. &MI Papery can therefore in no way be held liable for any loss or damage whatsoever arising from a situation where the failure to perform is attributable to a third party with whom &MI Papery has entered into an agreement.
11.3. In addition to the provisions of paragraph 11.1, force majeure always includes all that has been adopted in this respect by law and legal precedence.
11.4. In these terms and conditions, force majeure is understood to mean any circumstance beyond the control of &MI Papery - even if already foreseeable at the time the agreement was entered into - that permanently or temporarily prevents performance of the agreement, including but not limited to: work strikes, excessive absenteeism of &MI Papery’s staff, transportation difficulties, fire, government measures, epidemics, pandemics, business interruptions at &MI Papery’s, attributable failure to perform by the suppliers of &MI Papery preventing &MI Papery from performing its obligations to the customer (any longer) and any other serious interruptions in the business of &MI Papery or its suppliers.
11.5. In case of force majeure, &MI Papery also has the right, at its discretion, to extend the term of delivery by the duration of the force majeure or to dissolve the agreement, insofar as it has not yet been performed, without &MI Papery being obliged to pay any compensation in any form whatsoever, except by virtue of the provisions of Book 6, Section 78 of the Dutch Civil Code.
ARTICLE 12. TERM OF THE AGREEMENT AND TERMINATION
12.1. The agreement is entered into for a fixed term, unless the offer provides otherwise or the parties have expressly agreed otherwise in writing.
12.2. The customer’s right of early termination of the agreement is excluded, without prejudice to the other provisions of these general terms and conditions.
12.3. Orders on an hourly basis are entered into without a notice period. The customer gives &MI Papery an order for a number of hours to be decided on later. This cooperation may be terminated by either party without giving notice.
12.4. Both parties, both the customer and &MI Papery will only be authorized to dissolve the agreement if the other party attributably fails to perform the material obligations under the agreement, after a proper notice of default in writing containing as many details as possible and setting a reasonable term in which the failure to perform can be remedied.
12.5. By way of supplement to the provisions of Article 12.3, &MI Papery may terminate the agreement in whole or in part with immediate effect without notice of default and without court intervention by giving written notice if compelling reasons arise, including in any event the cases in which:
• (provisional) moratorium or suspension of payment is granted to the customer;
• the customer’s bankruptcy or liquidation is applied for or ordered;
• it is suspected that the customer will not be able to meet his or her payment obligations upon renewal of the agreement;
• the customer acts contrary to public order or morality, or any obligation arising from the agreement with &MI Papery;
• the customer infringes the rights of third parties;
• the customer acts contrary to &MI Papery’s reasonable guidelines or directions;
• the customer fails to respond to correspondence by e-mail, telephone and/or in writing, whether or not by registered mail;
• there are of recurring payment problems.
&MI Papery will never be liable to pay any compensation for this termination as provided in this Article.
12.6. If at the time of dissolution as referred to in Articles 12.4 and 12.5, the customer has already received performance in execution of the agreement, this performance and the related payment obligation cannot be undone. Any amounts &MI Papery invoiced before the termination in connection with all that it carried out or delivered in performance of the agreement will remain fully due subject to the provisions of the preceding sentence and will become immediately due and payable at the moment of termination.
12.7. &MI Papery reserves the right to amend its terms and conditions after three months after conclusion of an agreement with the customer, also for pre-existing agreements. If &MI Papery amends the terms and conditions, it will notify the customer accordingly. The customer is then free to dissolve the agreement from the moment the new general terms and conditions apply or up to a maximum of 7 days after these new general terms and conditions take effect.
ARTICLE 13. CONFORMITY
13.1. In the performance of the agreement, &MI Papery will as much as possible pursue the intended result agreed on in the offer. If, in the opinion of the customer, the delivered results do not correspond with the intended result agreed in the offer, the customer and &MI Papery will hold consultations in order to have the delivered results comply with the intended results.
13.2. In addition to the provisions of Article 13.1, the costs for the contract extras implied in that Article will be invoiced to the customer at &MI Papery’s normal rate, unless the customer can, in &MI Papery’s opinion, make out a convincing case that the defects in the result are due to the inadequate completion of the agreement on &MI Papery’s part.
13.3. Should it be established that the inadequacy of the services and/or products to be provided by &MI Papery is for &MI Papery’s account, the customer will not be entitled to compensation or dissolution of the agreement, except as provided in these terms and conditions.
ARTICLE 14. OTHER PROVISIONS AND APPLICABLE LAW
14.1. If any provision in these general terms and conditions is void or voidable, the other provisions of these general terms and conditions will remain fully enforceable. In such a case, &MI Papery and the customer will agree a new provision to replace the void or voidable provision that where, and insofar as, possible takes account of the purpose and scope of the void or voided provision.
14.2. If in its order the customer includes any terms or conditions in her order that deviate from or do not appear in these terms and conditions, they will only be binding on &MI Papery if and to the extent that they have been expressly accepted by &MI Papery in writing.
14.3. &MI Papery endeavours to take appropriate technical and organisational measures to protect the personal data against loss or against any form of unlawful use by third parties.
14.4. If, for the benefit of the customer, &MI Papery deviates from the general terms and conditions on its own initiative, the customer can never derive any rights from such deviations.
14.5. Both the customer and &MI Papery are obliged to preserve the confidentiality of all information obtained under this agreement.
14.6. Any purchase conditions or other conditions of the customer will not apply.
14.7. Rights and obligations arising from an agreement may only be transferred by the customer to third parties if &MI Papery has given its written consent.
14.8. All legal relationships to which &MI Papery is party will exclusively be governed by Dutch law.
14.9. The customer and &MI Papery will attempt to settle any disputes by mutual agreement and amicably before seeking recourse to the courts.
14.10. If mandatory rules do not provide otherwise, the competent district court in Gelderland will in the first instance have jurisdiction in disputes between &MI Papery and the customer.
Version: January 2023