1.1. These terms and conditions apply to every offer, price quote, and agreement between the customer and FEATHER + MOON.
1.2. The General Terms and Conditions can only be deviated from after written approval by FEATHER + MOON. The remaining provisions of these General Terms and Conditions will then remain fully applicable.
1.3. By agreeing to an order or quotation, the customer accepts these terms and declares that they are familiar with the content thereof.
2.1. CUSTOM DESIGN
2.1.1. All quotations for a tailor-made assignment or a business assignment are without obligation and valid for two months.
2.1.2. Any changes to the original agreement or price quote are valid only when an additional or amended agreement has been accepted in writing by both parties.
2.1.3. The prices for a quotation include three correction rounds for text, color and layout changes. If a new idea has to be delivered or a new proposal has to be made, and in all other cases when extra work is created outside of the correction rounds, additional costs will be charged per adjustment as specified on the price list page. In that case, corrections will not be started before the customer has approved this additional work and these additional costs in writing. FEATHER + MOON will issue a new or additional price quote for approval.
2.1.4. Price quotes and offers are not automatically valid for assignments in the future.
2.2.1. FEATHER + MOON has the right to change prices on the website with immediate effect.
2.2.2. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, FEATHER + MOON is not obliged to deliver the product at the wrong price.
3.1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
3.2. The offer is non-binding. The entrepreneur is entitled to alter or amend the offer.
3.3. The offer contains a full and detailed description of the offered products and/or services. The description is suitably detailed to enable the consumer to properly assess the offer. If the entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer are not binding for FEATHER + MOON.
3.4. All images, specifications information in the offer are indicative and can not lead to damage compensation or termination of the agreement.
3.5. All product images are a truthful representation of the offered products. FEATHER + MOON cannot guarantee that the displayed colours are an exact match to the actual colours of the products.
3.6. All offers contain such information that it is clear to the consumer what rights and duties are attached to accepting the offer. This involves in particular:
- the price; FEATHER + MOON is exempt from VAT according to article 25 of the Dutch sales tax law (Wet Omzetbelasting); but VAT may apply when third parties are involved in the printing process;
- delivery costs, if applicable;
- the way in which the agreement will be concluded, and what actions are needed to establish this;
- whether or not the right of withdrawal is applicable;
- the form of payment, delivery and performance of the contract;
- the time frame for accepting the offer, or, as the case may be, the time frame for honoring the price;
- if the contract is filed after conclusion, and how the consumer can consult it;
- any languages in which the contract can be concluded (Dutch, English)
4.1. CUSTOM DESIGN
4.1.1. The agreement between the customer and FEATHER + MOON is established after an agreement on the quotation by the customer by email. The assignment will be confirmed by email. After acceptance by the customer and receiving the downpayment, FEATHER + MOON will schedule and fulfill the assignment. Both the customer and FEATHER + MOON must hereby adhere to the rights and obligations entailed by the quotation and planning.
4.1.2. Both the customer and FEATHER + MOON have the right to terminate the contract in writing at any time if the customer or FEATHER + MOON can demonstrate that the work cannot be performed as agreed.
4.1.3. In case of cancellation of a tailor-made assignment or business assignment, FEATHER + MOON will charge the downpayment as established in the price quotation agreed upon as described in 4A.1.
4.1.4. If the printing process has already been started, the order can no longer be canceled and no refund will be issued.
4.1.5. If the client wishes to issue the same assignment to several designers / design agencies at the same time, they must inform all designers / design agencies involved. The client must indicate to which other designers / design agencies the assignment has been awarded. If the client has previously received the same assignment from another designer / design agency they must state which designer / design agency.
4.2. WEBSHOP ORDER
4.2.1. The agreement is concluded, subject to the provisions of paragraph 3, at the moment the consumer accepts the offer and meets the corresponding conditions.
4.2.2. If the customer has accepted the offer electronically, FEATHER + MOON will confirm receipt of the acceptance of the offer electronically after full payment of the total amount.
5.1. CUSTOM DESIGN
5.1.1. The customer is responsible for the complete and correct delivery of all data on the design. In addition, the customer ensures timely delivery of the necessary data, so that the assignment can be carried out according to schedule.
5.1.2. The customer gives FEATHER + MOON the right to use the files provided for the design.
5.1.3. FEATHER + MOON will fulfill the order correctly and according to schedule. If necessary, FEATHER + MOON will keep the customer informed of the progress.
5.1.4. The following applies to printed designs (including but not limited to birth announcements and wedding cards): FEATHER + MOON is not responsible for any errors in the design after the customer has approved the proof. The customer is always ultimately responsible for checking the correctness of the data.
5.2. WEBSHOP ORDER
5.2.1. The customer is responsible for the complete and correct delivery of all data for the order and the correct fulfillment of the order. In addition, the customer ensures timely delivery of the necessary data, so that the assignment can be carried out according to schedule.
5.2.2. The customer gives FEATHER + MOON the right to use the files provided in the order where applicable.
5.2.3. FEATHER + MOON will fulfill the order correctly and according to schedule. If necessary, FEATHER + MOON will keep the customer informed of the progress.
6. DELIVERY & RETURNS
6.1. CUSTOM DESIGN
6.1.1. Delivery is defined the delivery of the product described in the quotation or product description.
6.1.2. Delivery times depend on the delivery of information and materials by the customer to FEATHER + MOON.
6.1.3. FEATHER + MOON strives to deliver the products as quickly as possible, unless this is not feasible due to unavailability of materials or delays with third-party companies. In this case, FEATHER + MOON will update the customer via email.
6.1.4. Delivery will only take place when FEATHER + MOON has received the total invoice amount.
6.1.5. Tailor-made designed products cannot be returned. For further details on cancellation and refunding, see 4.1.3. and 4.1.4.
6.1.6. The risk of damage and / or loss of products lies with Design by Lindy until the moment of delivery to the customer, unless otherwise agreed.
6.2. CUSTOM WEBSHOP ORDER
6.2.1. Delivery times depend on the delivery and completeness of information by the customer to FEATHER + MOON.
6.2.2. Delivery will only take place when FEATHER + MOON has received the total invoice amount.
6.2.3. FEATHER + MOON will execute accepted orders expeditiously, but no later than 14 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 14 days after placing the order. In this case, the customer has the right to terminate the agreement without costs. After dissolution, FEATHER + MOON will refund the amount paid by the customer.
6.2.4. Orders for personalized products or custom-made products can only be canceled within 24 hours of payment by written request. After this 24-hour period, no cancellation is possible and no refund will be issued.
6.2.5. Personalized products or custom-made products cannot be returned and will not be refunded.
6.2.6. The risk of damage and/or loss of products lies with FEATHER + MOON until the moment of delivery to the customer, unless otherwise agreed.
6.3. OTHER WEBSHOP ORDER
6.3.1. Delivery times depend on the delivery and completeness of information by the customer to FEATHER + MOON.
6.3.2. Delivery will only take place when FEATHER + MOON has received the invoice total amount.
6.3.3. FEATHER + MOON will execute accepted orders expeditiously, but no later than 14 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 14 days after placing the order. In this case, the customer has the right to terminate the agreement without costs. After dissolution, FEATHER + MOON will refund the amount paid by the customer.
6.3.4. If an order does not meet your expectations, you can return your order. This is only possible when notified in advance by e-mail and does not apply to personalized or custom-made products. Within 14 days of delivery, you must return the item properly packaged and with sufficient postage.
6.3.5. FEATHER + MOON is not liable for missing returns. Returns with insufficient postage and returns that have not been registered will not be credited by FEATHER + MOON.
6.3.6. The refund of the product price will be made as soon as possible after receipt of the return shipment. Shipping costs (of original shipment and return shipment) will not be refunded.
6.3.7. The risk of damage and/or loss of products lies with FEATHER + MOON until the moment of delivery to the customer, unless otherwise agreed.
7.1. A payment term of 14 days applies to a tailor-made or business assignment, unless otherwise agreed in writing with the customer. The customer must adhere to this payment term.
7.2. If the payment term is exceeded, 5% administration costs will be charged per expired term
7.3. If the customer has ordered printed matter, the customer will receive the invoice for payment after approval on the digital proof. The order, including the physical proof order, will not be forwarded to the printing company until the full invoice amount has been paid.
8.1. FEATHER + MOON is not liable for any damage resulting from loss, damage or incorrect delivery of the products sent by FEATHER + MOON. FEATHER + MOON excludes liability for any damage resulting from receiving our products.
8.2. FEATHER + MOON is not liable for damage caused by incomplete or incorrect information provided by the customer.
9.2. FEATHER + MOON will treat all information of the customer confidentially.
9.3. FEATHER + MOON has the right to publish designs on the website, social media or to use them for promotional purposes, unless stated otherwise by the customer. If the design contains personal data (including, but not limited to, contact information), this may be hidden in agreement with the customer.
10. COPYRIGHT AND INTELLECTUAL PROPERTY
10.1. All designs by FEATHER + MOON are copyrighted. These designs may not be altered, reproduced, or distributed in any way without explicit written consent from FEATHER + MOON.
10.2. All conceptual designs are and remain the intellectual property of FEATHER + MOON.
10.3. FEATHER + MOON warrants to the best of its knowledge and belief that intellectual property rights (other than third party products or materials supplied by the customer) in the products and designs are original to FEATHER + MOON.
10.4 The customer warrants that it owns all intellectual property rights in all materials that it supplies to FEATHER + MOON for the provision of customized design and products.
11. FORCE MAJEURE
11.1. In these Terms and Conditions, force majeure is defined as all external causes, foreseen or unforeseen, which FEATHER + MOON cannot influence.
11.2. In the event of force majeure, FEATHER + MOON has the right, at its own discretion, to suspend the execution of the order or to dissolve the agreement without judicial intervention. FEATHER + MOON will inform the customer of this in writing by email.
12. APPLICABLE LAW
12.1 All agreements between the customer and FEATHER + MOON (to which these General Terms and Conditions apply) are exclusively governed by Dutch law.