PACKBAGS

PACKBAGS TERMS AND CONDITIONS

1. General These general terms and conditions of sale apply to all orders placed through our webshop, by email, social media, at our office, or telephone. Registered Address: GROENHOEDENVEEM 8, 1019 BL, AMSTERDAM, THE NETHERLANDS VAT ID: NL001988604B10 EMAIL: studio@packbags.nl PHONE: +31638246177 (ONLY WHATSAPP) This document (together with the documents it refers to) describes the terms and conditions for placing orders and on which we supply any items (the "items") listed on packbags.nl to you. Please read the following terms and conditions carefully.

2. Disclaimer PACKBAGS does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the service is at your sole risk. PACKBAGS cannot promise that the content of the site is free of inaccuracies or typographical errors at all times. Neither can we guarantee that all information is up-to-date. PACKBAGS may, at any time, amend the content of the site. Although PACKBAGS strives to display the correct texts, images and pricing on the site and web shop, errors may occur. does not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time PACKBAGS may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. PACKBAGS does not guarantee that all items included in the PACKBAGS webshop are in stock at the time of your order. In the event that an item is unavailable, PACKBAGS will contact you shortly by phone or by e-mail. If you have been charged the wrong amount in the webshop, PACKBAGS will give you the option of placing a new order with the correct price or cancelling your order. PACKBAGS, however, reserves the right to cancel any order prior to dispatch should we find that the price is incorrect. In such case we will notify you by phone or e-mail. If we are unable to contact you, your order will be automatically cancelled.

3. How to place an order Once you have selected one of our Items on our webshop the selected item(s) can then be transferred to your shopping cart by clicking on the "add to my cart" button. You can either add more items and modules to your cart or proceed to the checkout by clicking on the "checkout" button. You must then enter your shipping address and contact information as well as the shipping method of your choice. If different from the shipping address you can enter your billing address by unticking the "Use for my Billing Address" button. The next page allows you to enter your payment information and check the order total. On this same page, you can still edit your shipping and/or billing address, change the shipping method, or remove and edit the Items in your shopping cart. Your order will be submitted at the time you press the "Place Order" button. After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to purchase the items that you have selected on the basis of these terms and conditions. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the items have been dispatched (the "Order Shipping Confirmation"). The contract between you and us will only be formed when we send you the Order Shipping Confirmation (the "contract"). The contract will only relate to those Items whose dispatch we have confirmed in the order shipping confirmation. We will not be obliged to supply any other items which may have been part of your order until the dispatch of such items has been confirmed in a separate order shipping confirmation. Your order will be fulfilled by the delivery date set out in the order shipping confirmation, or if no date is specified, then within 30 days of the date of the order shipping confirmation, unless there are exceptional circumstances. We only sell products to adults, ages 18 years and older. All service and product orders are subject to our acceptance. Accordingly, we reserve the right to refuse service for transactions on packbags.nl, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if we believe that user conduct violates applicable law or is harmful to the interests of PACKBAGS or its affiliates.

4. Price The product prices are as displayed on the website, except in cases of obvious error. The pricing currency is determined in Euro €. The product prices displayed on the Website are inclusive of Value-Added Tax (VAT). The VAT rate can vary according to the EC intra-community rules in force. All prices are exclusive of shipping rates. Shipping rates are applied per order. The exact shipping rates depend on the country to which your order is being delivered. For details on shipping rates per country, please see our shipping information. We reserve the right to modify prices on packbags.nl at any time without notice. Changes will not affect orders in respect of which we have already sent an order shipping confirmation. packbags.nl contains a large number of items and modules. Hence, it is always possible, despite our best efforts, that some of the Items listed on packbags.nl will be priced incorrectly. We will normally verify prices as part of our dispatch procedure so that, where the correct price of the Items is less than our stated price, we will charge the lower amount when dispatching the Items to you. If the correct price of the Items is higher than the price stated on packbags.nl, we will normally, at our discretion, either contact you for instructions before dispatching the Items, or reject the order and notify you of such rejection. We are under no obligation to provide the items to you at the incorrect (lower) price even after we have sent you an order shipping confirmation if the pricing error is obvious and unmistakable and could have been reasonably been recognized by you as a mispricing.

5. Payments, payment security, and transfer of title Payment Payment can be made by the payment methods as are indicated in the order process on packbags.nl. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with PACKBAGS at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions, or other monetary transaction interactions. Security Your payment information is encrypted and will only be transmitted in a protected form over the internet. The payment is processed via the secured payment service of our partner vendors which conforms to required security standards. Reservation of ownership Ownership of the Items will only pass to you when we have received full payment of all sums due in respect of the items, including delivery charges. All purchased items are transported and delivered to you by an independent carrier not affiliated with, or controlled by us. The risk of ownership of items is transferred to you on delivery.

6. Colors PACKBAGS has made every effort to display as accurately as possible the colors of the products that appear on packbags.nl. As the actual colors you see depend on your computer monitor or mobile device, however, we cannot guarantee and do not warrant that your monitor’s or device’s display of any color will be accurate.

7. Written Communications Applicable laws require that some of the information or communications we send to you should be in writing. When using packbags.nl, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

8. Notices All notices given by you to us must be given to studio@packbags.nl. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in the above paragraph. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

9. Transfer of Rights and Obligations These terms and conditions are binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a contract or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract, or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

11 Liability for damage 11.1 The Designer will not be liable for damage caused: a. by incompetent use of the products delivered or use for a purpose other than that for which they are suitable by objective standards; b. because the Designer used incorrect or incomplete data provided by or on behalf of the Buyer; c. third parties engaged in a performance of the agreement at the Buyer’s request or with the Buyer’s consent; d. materials or services provided by third parties at the Buyer’s request or with the Buyer’s consent; or e. misunderstandings, damage, delays or the improper receipt of orders and notifications due to the use of the Internet or any other means of communication (whether or not electronic). 11.2 Only direct loss attributable to the Designer will qualify for compensation. Any and all liability for indirect loss, including but not limited to consequential loss, loss of profits, damaged or lost data or materials, and loss of proceeds is excluded. In the case of Consumer Purchase the scope of this provision will be limited to that permitted under Article 7:24(2) of the Dutch Civil Code. 11.3 Insofar as the Designer is liable for the reimbursement of loss, that loss will be limited to the invoice amount for the delivery or partial delivery in question, on the understanding that that amount will not exceed € 45,000 and will in any event be limited to the amount that the insurer pays the Designer in the case in question. 11.4 The Buyer indemnifies the Designer against any and all claims from third parties that incur losses in connection with the performance of the agreement and for the cause of which the Buyer is to blame. 11.5 The limitations recorded in Article 11.1 to 11.14 will not apply: a. if the loss is due to intent or gross negligence on the part of the Designer or its executive or non-executive subordinates; b. in the event of product liability towards a Consumer within the meaning of Book 6, Part 3, Chapter 3, of the Dutch Civil Code.

12 Force majeure 12.1 If the Designer is unable to perform the agreement due to an event of force majeure, it will have the right to suspend its obligations until the event of force majeure has ended. If that period lasts longer than two (2) months, either of the parties will have the right to dissolve the agreement in respect of the products affected by the event of force majeure, without being required to compensate the loss incurred by the other party. In that case the Buyer will be required to pay for the products already delivered. 12.2 In these General Conditions, ‘force majeure’ means, among other things, in addition to the definition of that term in the law and in case law, all external causes beyond the Designer’s control, either foreseen or unforeseen, as a result of which the Designer is unable to fulfil its obligations. 13 Dutch law and competent court 13.1 This Agreement is governed by Dutch law, also if an obligation is performed abroad in full or in part or if the Buyer has its place of residence there. The applicability of the Vienna Sales Convention is excluded. 13.2 In the event of disputes, the court of the Buyer’s place of residence will be the competent court. 13.3 The parties will submit a dispute to the court only after they have made every effort to settle the dispute in consultation.

12. Waiver If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the methods specified above.   13. Severability If any of these terms and conditions or any provisions of these terms and conditions are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.   14. Entire Agreement These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the supply of items from packbags.nl and supersede any prior agreement, understanding, or arrangement between us, whether oral or in writing. We each acknowledge that in agreeing to be bound by these terms and conditions, neither of us has relied on any representation, undertaking, or promise given by the other or from anything said or written in negotiations between us prior to such agreement except as expressly stated in these terms and conditions. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any order (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.   15. Terms of Use and Terms and Conditions of Sale In the event of a sale, the Terms and Conditions of Sale shall prevail. In case of conflict between the Terms of Use and the Terms and Conditions of Sale, the Terms and Conditions of Sale shall prevail.   16. Applicable Law and Language Contracts for the purchase of items through packbags.nl are governed by Dutch law. Any dispute arising from, or related to such Contracts will be subject to the non-exclusive jurisdiction of the Dutch courts. You have one month from the date PACKBAGS informs you of the applicability of the preceding paragraph to inform PACKBAGS in writing that in lieu of Dutch courts, you elect to have legal proceedings before the competent courts in the place where you officially reside. The European Commission has set up a dispute resolution platform to collect any complaints from consumers following an online purchase and then forward them to the relevant national mediators. This platform can be accessed at the following URL address: http://ec.europa.eu/consumers/odr/.

The language of this contract is English.