General Terms and Conditions (B2B - Business)

In these terms and conditions, the following definitions apply:

1. Business client: the natural person or legal entity who acts in the exercise of a profession or business and enters into a distance contract with Pinatafabriek.nl;

2. Day: calendar day;

3. Continuing transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

4. Durable medium: any means that enables the Business client or Trader to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.

5. Right of withdrawal: the possibility for the Business client to withdraw from the distance contract within the cooling-off period;

6. Trader: the natural or legal person who offers products and/or services to Business clients at a distance;

7. Distance contract: a contract in which, within the framework of a system organised by Pinatafabriek.nl for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;

8. Technique for distance communication: a means that can be used for concluding a contract without the Business client and the Trader being simultaneously in the same room.

Pinatafabriek.nl, part of Piñata Factory Europe B.V.

Edisonweg 7-17

3208 KB Spijkenisse

Email address: info@pinatafabriek.nl

KvK-number: 92554083

VAT identification number: NL866097855B01

If the activity of Pinatafabriek.nl is subject to a relevant licensing scheme: the details of the supervisory authority.

If Pinatafabriek.nl practises a regulated profession:

- the professional association or organisation with which he is affiliated;

- the professional title, the place in the EU or the European Economic Area where it has been awarded;

- a reference to the professional rules applicable in the Netherlands and instructions on where and how these professional rules can be accessed.

1. These general terms and conditions apply to every offer by Pinatafabriek.nl and to every distance contract concluded between the Trader and the Business client.

2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the Business client. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at Pinatafabriek.nl and that they will be sent free of charge as soon as possible at the Business client's request.

3. If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance contract is concluded, be made available to the Business client electronically in such a way that the Business client can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the Business client's request.

4. If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the Business client may always invoke the applicable provision that is most favourable to them.

1. If an offer has a limited validity period or is subject to conditions, this is explicitly stated in the offer.

2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Business client. Obvious errors or mistakes in the offer do not bind Pinatafabriek.nl.

3. Each offer contains such information that it is clear to the Business client what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

- the price including taxes;

- any delivery costs;

- the way in which the contract will be concluded and the actions required to do so;

- whether or not the right of withdrawal applies;

- the method of payment, delivery and execution of the contract;

- the deadline for accepting the offer, or the period within which Pinatafabriek.nl guarantees the price;

- the amount of the tariff for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular base rate for the communication means used;

- whether the contract will be archived after conclusion, and if so, how the Business client can consult it;

- the way in which the Business client can check and, if desired, correct the data provided by them within the framework of the contract before concluding the contract;

- any other languages besides Dutch in which the contract can be concluded;

- the codes of conduct to which Pinatafabriek.nl has subscribed and the way in which the Business client can consult these codes of conduct electronically; and

- the minimum duration of the distance contract in the case of a continuing transaction.

4. The products are described as accurately as possible. The dimensions of handmade products (in centimetres or millimetres) are as precise as possible, but because it concerns a handmade product, the delivered product may differ from this.

5. All adjustments in price and execution of the product are reserved. The products offered meet the reasonable requirements of soundness and/or usability.

6. Products containing imprints, including logos or other types of graphic representations, may be used for advertising purposes by Pinatafabriek.nl. The Business client hereby declares to have permission from the copyright holder and grants Pinatafabriek.nl permission to use this on its products.

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the Business client accepts the offer and meets the conditions set.

2. If the Business client has accepted the offer electronically, Pinatafabriek.nl shall immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by Pinatafabriek.nl, the Business client may rescind the agreement.

3. If the agreement is concluded electronically, Pinatafabriek.nl takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a safe web environment. If the Business client can pay electronically, Pinatafabriek.nl shall observe appropriate security measures.

4. Pinatafabriek.nl may, within legal frameworks, ascertain whether the Business client can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, Pinatafabriek.nl has good grounds not to enter into the agreement, he is entitled to refuse an order or application with reasons or to attach special conditions to its execution.

5. Pinatafabriek.nl shall send the Business client the following information with the product or service, in writing or in such a way that the Business client can store it in an accessible manner on a durable medium:

a. the visiting address of the Pinatafabriek.nl establishment where the Business client can go with complaints;

b. the conditions under which and the manner in which the Business client can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. the information about warranties and existing after-sales service;

d. the data included in article 4 paragraph 3 of these terms, unless Pinatafabriek.nl has already provided this data to the Business client before the execution of the agreement;

e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

6. In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.

Since these general terms and conditions apply only to business clients, no right of withdrawal is offered as described in consumer legislation. Business clients cannot invoke the right of withdrawal.

1. During the validity period stated in the offer, the prices of the products and/or services offered are not increased, except for price changes due to changes in VAT rates.

2. In deviation from the previous paragraph, Pinatafabriek.nl may offer products or services whose prices are subject to fluctuations on the financial market and over which Pinatafabriek.nl has no influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are target prices, are stated in the offer.

3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the agreement are only permitted if Pinatafabriek.nl has stipulated this and:

a. they are the result of statutory regulations or provisions; or

b. the Business client has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

5. The prices stated in the offer of products or services include VAT.

1. Pinatafabriek.nl guarantees that the products and/or services comply with the agreement, in accordance with the prepared quotation, deposit invoice and/or proof of purchase.

2. A warranty provided by Pinatafabriek.nl, manufacturer or importer does not affect the statutory rights and claims that the Business client can assert against Pinatafabriek.nl on the basis of the agreement.

3. For handmade work, the Business client cannot return the products.

1. Pinatafabriek.nl shall exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

2. The place of delivery is the address that the Business client has made known to Pinatafabriek.nl.

3. Taking into account what is stated in article 4 of these general terms and conditions, the company shall execute accepted orders with due speed. If delivery is delayed or an order cannot be executed or can only be executed in part, the Business client will be notified as soon as possible. Any damage or consequential costs arising from a delay will only be compensated if this has been explicitly agreed between the parties.

4. In case of rescission in accordance with the previous paragraph, Pinatafabriek.nl shall refund the amount paid by the Business client as soon as possible, but no later than within 30 days after rescission.

5. If delivery of an ordered product proves impossible, Pinatafabriek.nl shall endeavour to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement item is being delivered.

6. The risk of damage and/or loss of products rests with Pinatafabriek.nl until the moment of delivery to the Business client or a representative designated in advance and made known to Pinatafabriek.nl, unless expressly agreed otherwise.

Termination

1. The Business client may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.

2. The Business client may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.

3. The Business client may terminate the agreements referred to in the previous paragraphs:

- at any time and not be limited to termination at a specific time or during a specific period;

- at least in the same way as they were entered into;

- always with the same notice period as Pinatafabriek.nl has stipulated for itself.

Renewal

4. An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly renewed or extended for a definite period.

5. In deviation from the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily newspapers, news papers and weeklies and magazines may be tacitly renewed for a definite period of a maximum of three months, if the Business client can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.

6. An agreement entered into for a definite period and which extends to the regular delivery of products or services, may only be tacitly renewed for an indefinite period if the Business client may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily newspapers, news papers and weeklies and magazines.

7. An agreement of limited duration for the regular introductory delivery of daily newspapers, news papers and weeklies and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the end of the trial or introductory period.

Duration

8. If an agreement has a duration of more than one year, the Business client may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

1. Unless otherwise agreed, the amounts owed by the Business client must be paid within 14 days, unless otherwise agreed. In the case of an agreement to provide a service, this period commences after the Business client has received confirmation of the agreement.

2. When selling products to Business clients, general terms and conditions may never require an advance payment of more than 50%. When advance payment is stipulated, the Business client cannot assert any right regarding the execution of the order or service(s) concerned before the stipulated advance payment has been made.

3. The Business client has the duty to immediately report any inaccuracies in payment details provided or stated to Pinatafabriek.nl.

4. In the event of non-payment by the Business client, Pinatafabriek.nl has the right, subject to statutory restrictions, to charge the reasonable costs made known to the Business client in advance.

5. For Business clients, there is a direct payment obligation upon delivery of the products. If no payment term is stated on the invoice, a maximum payment term of 14 days applies.

1. Pinatafabriek.nl has a complaints procedure and handles complaints in accordance with this complaints procedure. Complaints about the execution of the agreement must be submitted to Pinatafabriek.nl within a reasonable period, fully and clearly described. The handling of complaints is subject to the agreements and conditions made between the parties.

2. Complaints about the execution of the agreement must be submitted fully and clearly described to Pinatafabriek.nl within a reasonable time after the Business client has discovered the defects.

3. Complaints submitted to Pinatafabriek.nl are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Pinatafabriek.nl will respond within 14 days with an acknowledgement of receipt and an indication of when the Business client can expect a more detailed response.

4. If the complaint cannot be resolved by mutual agreement, a dispute arises.

1. Agreements between Pinatafabriek.nl and the Business client to which these general terms and conditions relate are exclusively governed by Dutch law.

Additional provisions or provisions deviating from these general terms and conditions must be recorded in writing or in such a way that they can be stored by the Business client in an accessible manner on a durable medium.