General terms and conditions.

Yellow Rebel, established in Moordrecht, registered with the Chamber of Commerce under number 24422817, is referred to in these general terms and conditions as the seller.

The other party of the seller is referred to in these general terms and conditions as the buyer.

The seller and the buyer are collectively referred to as the parties.

The agreement means the sales agreement between the parties.

These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the seller.

Deviations from these terms and conditions are permitted only if expressly agreed in writing by the parties.

The full purchase price must either be paid immediately in the online store or paid later by invoice. An order will not be shipped until payment has been made.

If the buyer does not pay on time, the buyer is in default. If the buyer remains in default, the seller is entitled to suspend its obligations until the buyer has fulfilled its payment obligation.

If the buyer remains in default, the seller will proceed with collection. The costs associated with collection will be payable by the buyer. These collection costs are calculated in accordance with the Decree on Compensation for Extrajudicial Collection Costs.

In the event of liquidation, bankruptcy, attachment or suspension of payments by the buyer, the seller's claims against the buyer become immediately due and payable.

If the buyer refuses to cooperate with the seller's performance of the order, the buyer remains obliged to pay the agreed price to the seller.

Offers are non-binding unless the offer states a deadline for acceptance. If the offer is not accepted within that deadline, it will expire.

Delivery times stated in quotations are indicative. If they are exceeded, the buyer is not entitled to cancel the agreement or claim compensation, unless the parties have expressly agreed otherwise in writing.

Offers and quotations do not automatically apply to repeat orders. The parties must expressly agree to this in writing.

The price stated in offers, quotations and invoices consists of the purchase price, including applicable VAT and any other government levies.

Given the nature of our products (made to measure and personalised), they cannot be returned. An order can only be cancelled within 24 hours; after that, the costs incurred up to that point will be charged.

If, during the performance of the agreement, it becomes apparent that the work to be carried out must be amended or supplemented to ensure proper performance of the order, the parties will amend the agreement accordingly in a timely manner and in mutual consultation.

If the parties agree to amend or supplement the agreement, this may affect the completion date. The seller will inform the buyer of this as soon as possible.

If an amendment to or supplement of the agreement has financial and/or qualitative consequences, the seller will inform the buyer of this in writing in advance.

If the parties have agreed on a fixed price, the seller will indicate the extent to which the amendment or supplement to the agreement will result in this price being exceeded.

By way of exception to the provisions of paragraph 3 of this article, the seller may not charge additional costs if the amendment or supplement results from circumstances attributable to the seller.

As soon as the buyer has taken possession of the purchased goods, the risk transfers from the seller to the buyer.

The buyer must inspect, or have inspected, the goods delivered at the time of delivery or, in any event, as soon as possible. The buyer must check whether the quality and quantity of the goods delivered correspond to what the parties have agreed, or at least meet the requirements normally applicable in commercial transactions.

Complaints concerning damage, shortages or loss of delivered goods must be submitted by the buyer to the seller in writing within 72 hours of the day the goods are delivered.

If a complaint is upheld within the specified period, the seller is entitled to either repair the goods, deliver replacements, or refrain from delivering and issue the buyer a credit note for that part of the purchase price.

Minor deviations and/or deviations customary in the industry, and differences in quality, quantity, size or finish, may not be held against the seller. All Yellow Rebel products are unique and handmade. For this reason, materials and finishes may have minor deviations or imperfections. The scoring margin (the fold line in the middle of the spreads) and trim margin (the amount trimmed from the spread) is 3-5 mm due to manual measuring.

The buyer is also responsible for providing the files (spreads and photos) in the correct format, with the correct spread numbering (file name) and colour profile.

Complaints relating to a particular product do not affect other products or parts covered by the same agreement.

No complaints will be accepted after the goods have been processed by the buyer.

Delivery is made from the 'factory/shop/warehouse'. Shipping costs are payable by the buyer.

The buyer must take delivery of the goods when the seller delivers or arranges for them to be delivered to the buyer, or when the goods are made available to the buyer in accordance with the agreement.

If the buyer refuses delivery or fails to provide information or instructions necessary for delivery, the seller is entitled to store the goods at the buyer's expense and risk.

If the goods are delivered, the seller is entitled to charge any applicable delivery costs.

If the seller needs information from the buyer to perform the agreement, the delivery period begins once the buyer has provided this information to the seller.

Any delivery period specified by the seller is indicative and is never a strict deadline. If the period is exceeded, the buyer must give the seller written notice of default.

The seller is entitled to deliver the goods in instalments, unless the parties have agreed otherwise in writing or partial delivery has no independent value. In the case of delivery in instalments, the seller is entitled to invoice each instalment separately.

If the seller is unable to fulfil its obligations under the agreement, or is unable to do so on time or properly, due to force majeure, the seller is not liable for any loss suffered by the buyer.

Force majeure includes, in any event, any circumstance that the seller could not have foreseen when entering into the agreement and as a result of which the buyer cannot reasonably be expected to require normal performance of the agreement, such as illness, war or the threat of war, civil war and riots, acts of war, sabotage, terrorism, power outages, flooding, earthquakes, fire, occupation of business premises, strikes, lockouts, changes to government measures, transport difficulties and other disruptions to the seller's business.

The parties also consider force majeure to include circumstances in which suppliers on whom the seller depends to perform the agreement fail to fulfil their contractual obligations to the seller, unless the seller is at fault.

If a situation as described above arises, preventing the seller from fulfilling its obligations to the buyer, those obligations will be suspended for as long as the seller is unable to fulfil them. If the situation referred to in the preceding sentence has continued for 30 calendar days, either party is entitled to terminate the agreement in whole or in part in writing.

If the force majeure continues for more than three months, the buyer is entitled to terminate the agreement with immediate effect. Termination is only possible by registered letter.

A party's rights under this agreement may not be transferred without the prior written consent of the other party. This provision constitutes a property-law clause as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.

Goods held by the seller, as well as goods and parts delivered, remain the property of the seller until the buyer has paid the full agreed price. Until then, the seller may invoke its retention of title and repossess the goods.

If the goods have not yet been delivered, but the agreed advance payment or price has not been paid as agreed, the seller has a right of retention. In that case, the goods will not be delivered until the buyer has paid in full in accordance with the agreement.

In the event of liquidation, insolvency or suspension of payments by the buyer, the buyer's obligations become immediately due and payable.

Any liability for loss arising from or related to the performance of an agreement is always limited to the amount paid out in the relevant case under the liability insurance policy or policies taken out. This amount will be increased by the deductible under the relevant policy.

The seller's liability for loss resulting from wilful misconduct or deliberate recklessness by the seller or its managerial subordinates is not excluded.

The buyer must report complaints about the work performed to the seller immediately. The complaint must describe the alleged shortcoming in as much detail as possible, so that the seller can respond appropriately.

If a complaint is upheld, the seller must repair the goods and, if necessary, replace them.

If warranties are included in the agreement, the following applies. The seller warrants that the goods sold conform to the agreement, will function without defects and are suitable for the use intended by the buyer. This warranty applies for a period of two calendar years after the buyer receives the goods sold.

The purpose of this warranty is to establish a division of risk between the seller and the buyer such that the consequences of a breach of warranty are always entirely for the seller's account and risk, and the seller may never rely on Article 6:75 of the Dutch Civil Code in relation to a breach of warranty. The provisions of the preceding sentence also apply if the buyer knew or could have known of the breach by conducting an inspection.

The stated warranty does not apply if the defect results from improper or inappropriate use, or if the buyer or third parties have made or attempted to make modifications without permission, or have used the goods for purposes for which they were not intended.

If the warranty provided by the seller relates to goods manufactured by a third party, the warranty is limited to the warranty provided by that manufacturer.

This agreement between the seller and the buyer is governed exclusively by Dutch law. The Dutch courts have jurisdiction.

The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

If one or more provisions of these general terms and conditions are deemed unreasonably onerous in legal proceedings, the remaining provisions will remain in full force and effect.

All disputes arising from this agreement will be submitted exclusively to the competent court of the Amsterdam District Court.