Terms and conditions

Orange-shapes Terms and Conditions

Company details: Orange-shapes

Elftweg 54

4941VP Raamsdonksveer

Email address: info@orange-shapes.nl

Chamber of Commerce registration number: 97745952

These terms and conditions apply to all offers, quotations and purchase and sale agreements, as well as all agreements for the provision of services or bespoke work by Orange-shapes, hereinafter referred to as “Orange-shapes”.
In these terms and conditions, the buyer or client is referred to as “the counterparty”. If the counterparty is a natural person acting outside the course of a profession or business, they are referred to as “the consumer”.
Any deviations from these terms and conditions are valid only if expressly agreed between the parties in writing (which, for the purposes of these terms and conditions, also includes by email).
If one or more provisions of these terms and conditions are wholly or partially void or are annulled at any time, the remaining provisions of these terms and conditions shall remain in full force and effect.

All offers, prices and quotations on the website or in written communications from Orange-shapes are non-binding, unless an acceptance period is expressly specified.
Prices on the website aimed at consumers are shown inclusive of VAT. Prices in business quotations or B2B environments are exclusive of VAT, unless stated otherwise. Prices exclude shipping costs and any statutory levies, unless otherwise agreed.
The agreement is formed when the counterparty has (digitally) accepted Orange-shapes’ offer and has met any conditions attached to it (such as completing an electronic payment).
Models, colours, images and dimensions shown on the website or in previews are indicative only. Minor deviations in the final product do not entitle the counterparty to make a claim or terminate the agreement, particularly in the case of custom-made or personalised products.

Orange-shapes provides an estimated delivery time for standard products. For bespoke or manufactured goods, the agreed production time applies (normally 5–10 business days). Stated timeframes are indicative and shall never be considered strict deadlines, unless expressly agreed otherwise in writing.
Shipments are made via a reliable carrier selected by Orange-shapes (such as DPD).
If the counterparty is a consumer, the risk of damage to or loss of the products passes when the products are physically received by or on behalf of the consumer.
If the counterparty acts in the course of a profession or business (B2B), shipment and transport are at the counterparty’s expense and risk from the moment the goods leave Orange-shapes’ warehouse.

When purchasing standard products through the online store, the consumer has a statutory cooling-off period of 14 days in which to terminate the agreement without giving any reason. This period begins on the day after receipt of the product.
Custom-made products exception: The right of withdrawal expressly does not apply to products made by Orange-shapes to the counterparty’s specifications, products that are personalised, or products that by their nature cannot be returned (bespoke/custom shapes).
During the cooling-off period, the consumer must handle the product and its packaging with care. The product may be unpacked or used only to the extent necessary to assess its nature and characteristics.
The costs of return shipping shall be borne by the consumer, unless Orange-shapes has stated that it will bear these costs itself or an incorrect or damaged product was demonstrably delivered.

If Orange-shapes manufactures products based on designs, files, documents or data provided by the counterparty, the counterparty is fully responsible for ensuring that this information is accurate, complete and supplied on time.
The counterparty warrants that the designs, logos or files it provides do not infringe the (intellectual property) rights of any third party. The counterparty shall fully indemnify Orange-shapes against any third-party claims in this regard.

Orders placed through the online store must be paid for in advance using the payment methods offered (such as iDEAL or credit card, processed through Mollie), unless expressly agreed otherwise.
If payment by invoice has been agreed, the payment term is 14 days from the invoice date, unless otherwise stated in writing.
If the counterparty fails to pay on time, they shall be in default immediately. From that point onward, the counterparty shall owe statutory (commercial) interest, as well as all extrajudicial collection costs (with a minimum of €40, in accordance with Dutch law).

The counterparty must inspect the delivered products immediately upon receipt. Any visible defects, damage or shortages must be reported to Orange-shapes in writing, with reasons, within 48 hours of receipt (preferably with photographs).
Non-visible defects must be reported in writing within 14 days of discovery, but no later than 6 months after delivery.
If a complaint is upheld, Orange-shapes will, at its discretion, replace or repair the product, or credit (part of) the invoice value.
Complaints do not suspend the business counterparty’s payment obligation.

Orange-shapes’ total liability for an attributable failure to perform the agreement or on any other basis shall at all times be limited to compensation for direct damage up to a maximum of the price agreed for that agreement (excluding VAT).
Orange-shapes shall never be liable for indirect damage, including consequential loss, lost profits, missed savings, business interruption or damage resulting from loss of data.
The limitations set out in this article shall not apply if and to the extent that the damage results from wilful misconduct or deliberate recklessness on the part of Orange-shapes’ management.

All goods delivered by Orange-shapes shall remain the property of Orange-shapes until the counterparty has fully fulfilled all obligations under the agreement(s) entered into.
As long as title has not passed, the business counterparty may not pledge the products or grant any other rights over them to third parties, except in the ordinary course of its business.

All intellectual property rights (including copyrights, design rights and trademark rights) in the designs, concepts, products, images and texts developed by Orange-shapes shall expressly remain the property of Orange-shapes, unless expressly agreed otherwise in writing.

All legal relationships to which Orange-shapes is a party shall be governed exclusively by Dutch law.
Disputes shall initially be submitted to the competent court in the district where Orange-shapes is established, unless mandatory law prescribes a different court. Consumers also have the right to choose the court with jurisdiction under the law within one month after Orange-shapes invokes this article.