Terms and Conditions

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of right of withdrawal
Article 10a - Exclusion of right of withdrawal for customization and personalization
Article 11 - The price
Article 12 - Compliance and additional warranty
Article 12a - Liability
Article 13 - Delivery and execution
Article 13a - Delivery times and modification/cancellation of orders
Article 14 - Duration transactions: duration, cancellation and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 16a - Complaints procedure for printing and print work
Article 17 - Disputes
Article 18 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;

Cooling-off period: the period within which the consumer can exercise his right of withdrawal;

Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;

Day: calendar day;

Digital content: data that are produced and delivered in digital form;

Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;

Durable data carrier: any tool - including email - that enables the consumer or entrepreneur to store information addressed to him personally in a way that makes future consultation or use possible during a period that is attuned to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;

Right of withdrawal: the possibility for the consumer to refrain from the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;

Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusive or joint use is made of one or more techniques for distance communication;

Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be made available if the consumer has no right of withdrawal regarding his order;

Technique for distance communication: means that can be used to conclude an agreement, without consumer and entrepreneur being together in the same space at the same time.

Article 2 - Identity of the entrepreneur

Unbound Europe BV / Cutees.eu
Botterweg 12P
Zwolle, 8042PA
The Netherlands

Chamber of Commerce: 87926725
VAT identification number: NL864450606B01

Phone: 06-429 79 363 (also WhatsApp)
Email: info@cutees.eu

Article 3 - Applicability

These terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, the text of these terms and conditions may, in deviation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the terms and conditions can be viewed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
In the event that specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favorable to him in case of conflicting terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and fulfillment of the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will provide the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
1. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
2. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
3. information about warranties and existing after-sales service;
4. the price including all taxes of the product, service or digital content; where applicable the costs of delivery; and the method of payment, delivery or execution of the distance contract;
5. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
6. if the consumer has a right of withdrawal, the model withdrawal form.
In case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

For products:

The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason(s).
The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
1. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order of several products with different delivery times.
2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
3. in case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content not delivered on a tangible medium:

The consumer can dissolve a service agreement and an agreement for delivery of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason(s).
The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not delivered on a tangible medium in case of failure to inform about right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months from the starting date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer is only liable for diminished value of the product that is the result of handling the product beyond what is permitted in paragraph 1.
The consumer is not liable for diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer exercises his right of withdrawal, he reports this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner to the entrepreneur.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all supplied accessories, if reasonably possible in original condition and packaging, and in accordance with reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return shipment.
If the consumer withdraws after first having explicitly requested that the provision of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or certain quantity begins during the cooling-off period, the consumer owes the entrepreneur an amount that is proportionate to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
The consumer bears no costs for the execution of services or the supply of water, gas or electricity, not made ready for sale in a limited volume or quantity, or to delivery of district heating, if:
1. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal or the model withdrawal form, or;
2. the consumer has not explicitly requested the commencement of the execution of the service or supply of gas, water, electricity or district heating during the cooling-off period.
The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
1. he has not explicitly agreed to the commencement of the fulfillment of the agreement before the end of the cooling-off period prior to its delivery;
2. he has not acknowledged losing his right of withdrawal when granting his consent; or
3. the entrepreneur has failed to confirm this statement by the consumer.
If the consumer exercises his right of withdrawal, all additional agreements are dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in case of withdrawal

If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he sends an acknowledgment of receipt immediately after receiving this notification.
The entrepreneur refunds all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with refunding until he has received the product or until the consumer proves that he has returned the product, whichever comes first.
The entrepreneur uses the same payment method for refund that the consumer used, unless the consumer agrees to another method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Article 10 - Exclusion of right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction means a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
Service agreements, after full performance of the service, but only if:
1. the performance has begun with the express prior consent of the consumer; and
2. the consumer has stated that he loses his right of withdrawal once the entrepreneur has fully performed the agreement;
Package tours as referred to in Article 7:500 BW and agreements for passenger transport;
Service agreements for provision of accommodation, if a specific date or period of performance is provided for in the agreement and other than for residential purposes, goods transport, car rental services and catering;
Agreements relating to leisure activities, if a specific date or period of performance thereof is provided for in the agreement;
Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that after delivery are irrevocably mixed with other products by their nature;
Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations of the market over which the entrepreneur has no influence;
Sealed audio, video recordings and computer software, whose seal has been broken after delivery;
Newspapers, magazines or magazines, with the exception of subscriptions to these;
The delivery of digital content other than on a tangible medium, but only if:
1. the performance has begun with the express prior consent of the consumer; and
2. the consumer has stated that he thereby loses his right of withdrawal.

Article 10a - Exclusion of right of withdrawal for customization and personalization

Products manufactured by the entrepreneur according to the consumer's specifications, including but not limited to personalized clothing, printed textiles and other custom-made items, are excluded from the right of withdrawal.
Orders with personal prints, names, numbers, colors, photos or other specific characteristics cannot be canceled or returned once production has started.
The right of withdrawal does apply to standard products without personalization, provided the other conditions of these terms and conditions are met.

Article 11 - The price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
1. these are the result of legal regulations or provisions; or
2. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.

Article 12 - Compliance and additional warranty

The entrepreneur warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also warrants that the product is suitable for other than normal use.
An additional warranty provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
Additional warranty means any commitment by the entrepreneur, his supplier, importer or manufacturer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to in case he has failed to fulfill his part of the agreement.

Article 12a - Liability

The liability of the entrepreneur is limited to direct damage and to a maximum of the amount of the relevant invoice (excl. VAT) of the order to which the liability relates.
The entrepreneur is not liable for indirect damage, consequential damage, lost profits, missed savings, diminished goodwill or damage due to business interruption.
Deviations in color, size or positioning within reasonable tolerances that are inherent to printing and textile production do not constitute a shortcoming.
The customer is responsible for the correctness and suitability of supplied files and specifications, unless expressly agreed otherwise in writing.

Article 13 - Delivery and execution

The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
Taking into account what is stated about this in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 13a - Delivery times and modification/cancellation of orders

Stated delivery times are indicative and not fatal deadlines, unless expressly agreed otherwise in writing.
Changes or cancellations are only possible as long as the order status allows this and production has not started. Once production has started, the order can no longer be changed or canceled.
In case of delays due to circumstances not attributable to the entrepreneur, the delivery time will be extended proportionally.

Article 14 - Duration transactions: duration, cancellation and renewal

Cancellation:

The consumer can 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 with due observance of the agreed cancellation rules and a notice period of no more than one month.
The consumer can 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 with due observance of the agreed cancellation rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
1. at any time and not be limited to cancellation at a specific time or in a specific period;
2. at least terminate in the same way as they were entered into by him;
3. always terminate with the same notice period as the entrepreneur has stipulated for himself.

Renewal:

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 renewed for a definite period.
In deviation from the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a definite period of maximum three months, if the consumer can terminate this renewed agreement towards the end of the renewal with a notice period of no more than one month.
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 consumer can terminate at any time with a notice period of no more than one month. The notice period is no more than three months in case the agreement extends to the regular, but less than once per month, delivery of daily, news and weekly newspapers and magazines.
An agreement with limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introduction purposes (trial or introduction subscription) is not tacitly continued and ends automatically after the trial or introduction period.

Duration:

If an agreement has a duration of more than one year, the consumer 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.

Article 15 - Payment

The consumer pays the full purchase amount when placing the order, unless expressly and in writing agreed otherwise.
Only after receipt of payment does the entrepreneur start processing and producing the order.
The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
If the consumer does not pay on time, he is in default and the entrepreneur is entitled to suspend or cancel the execution of the order.

Article 16 - Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a message of receipt and an indication of when the consumer can expect a more detailed response.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is eligible for the dispute settlement.

Article 16a - Complaints procedure for printing and print work

Complaints about (part of) a delivery must be reported by the customer as soon as possible, at the latest within 7 days after receipt, in writing and with clear photos/substantiation.
In case of justified complaints, the entrepreneur will proceed to repair, (partial) reprint or (partial) credit at his own discretion. Returns only take place after prior consent of the entrepreneur.
Minor deviations that are considered acceptable in the industry (including color, size or positioning tolerances, material-inherent deviations) do not provide grounds for complaints.

Article 17 - Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these terms and conditions relate.

Article 18 - Additional or deviating provisions

Additional or deviating provisions from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Annex I: Model withdrawal form

Model withdrawal form

(only complete and return this form if you wish to withdraw from the agreement)

To: Unbound Europe BV / Cutees.eu
Botterweg 12P
8042PA Zwolle
The Netherlands
Email: info@cutees.eu

I/We* hereby notify you that I/we* withdraw from our agreement concerning
the sale of the following products: [product description]*
the delivery of the following digital content: [description digital content]*
the provision of the following service: [description service]*,
withdraw/withdraws*

Ordered on*/received on* [date order for services or receipt for products]
[Name consumer(s)]
[Address consumer(s)]
[Signature consumer(s)] (only when this form is submitted on paper)
[Date]

* Delete what does not apply or fill in what applies.