General Terms and Conditions Catchii webshop

1 Definitions

1.1 ‘Catchii’ means:
Catchii (SOLE PROPRIETORSHIP) located in Voorburg,
at Van Alphenstraat 63, 2274 NC Voorburg
registered in the trade register of the Chamber of Commerce under number: 34230922,
VAT number: NL 8151.12.397.B01,
phone number: +31 6 17 342 189,
email: info@catchii.com
1.2 ‘Catchii website’ means: www.catchii.com.
1.3 ‘Distance purchase’ means: a distance contract which is a consumer purchase.
1.4 ‘Distance contract’ means: a system organized by Catchii for distance selling, whereby up to and including the conclusion of the contract, exclusively one or more techniques for distance communication are used.
1.5 ‘Technique for distance communication’ means: a means that can be used to conclude the distance contract without the simultaneous personal presence of parties.
1.6 ‘Consumer purchase’ means: the purchase of a movable item, concluded by Catchii and a buyer, a natural person, who is not acting in the exercise of a profession or business.
1.7 ‘Purchase’ means: the purchase agreement for a movable item, concluded by Catchii and a buyer.
1.8 ‘Buyer’ means: a legal entity or company, whether or not acting in the exercise of a profession or business.
1.9 ‘Order’ means: product(s) that the buyer wishes to purchase from Catchii via the Catchii website, by means of a distance contract, by indicating their offer through the electronic system on the Catchii Website.

2 General

2.1 The general terms and conditions apply to all distance contracts relating to online orders on the Catchii website between Catchii and the buyer. Unless expressly agreed otherwise, the applicability of other general terms and conditions is expressly excluded.
2.2 The buyer declares that he/she is aware of the content of the (privacy statement) and agrees to the way Catchii processes his/her personal data. Catchii will use and protect the personal data protected under the Personal Data Protection Act carefully and lawfully. The personal data will only be used for the execution of the distance contract. After the execution of the distance contract, the personal data will be destroyed, or at least no longer stored.

3 Conclusion of agreements

3.1 Offers and price quotations of products as displayed on the Catchii Website should only be regarded as an invitation to make an offer.
3.2 The buyer can make their offer via the designated electronic system on the Catchii Website, where the buyer can precisely determine and indicate what their offer consists of.
3.3 A distance contract between Catchii and the buyer is concluded by Catchii's acceptance of the offer made electronically by the buyer, which acceptance takes place by sending a confirmation email to the buyer's specified email address.
3.4 Catchii reserves the right to refuse an order without stating a reason.
3.5 Offers are valid as long as the offer is mentioned on the Catchii Website and while stocks last.
3.6 If an order is placed for more than € 250,–, Catchii reserves the right to contact the buyer before accepting the offer by means of a confirmation email to the buyer's specified email address.

4 Prices and Payment

4.1 Prices of products and offers on the Catchii website are expressed in euros. The prices include VAT and other government levies and exclude shipping and administration costs unless otherwise stated. See article 5 regarding the amount of shipping costs.
4.2 The buyer must pay for the order in full in advance, failing which no purchase agreement will be concluded. Payment is made using the offered payment options. In the event of payment by credit card (American Express/VISA or Mastercard), Catchii reserves the right to verify the validity of the credit card, creditworthiness, and address details of the cardholder.
4.3 In the event that the price of the offer or product, as stated on the Catchii website and/or in the confirmation email, is incorrect or contains errors, Catchii reserves the right to change or correct it within a reasonable period. The buyer will be informed of this by Catchii as soon as possible in writing, by email, or by telephone. In the event of a price increase, the consumer buyer can dissolve the purchase agreement.

5 Delivery

5.1 Catchii undertakes to the buyer to properly package the products (unless the nature of the products prevents this) and to secure them in such a way that they reach their destination in good condition during normal transport.
5.2 Catchii undertakes to deliver the order to the buyer according to the description, requirements and quality as indicated by Catchii on the Catchii website.
5.3 The order is usually available directly from stock and will be delivered to the buyer as soon as possible within the intended delivery period of three (3) working days, or at the latest thirty (30) days after Catchii sends the confirmation email to the Buyer. In the case of deliveries outside the Netherlands, the delivery period may differ from the period specified above. Information about delivery periods abroad can, if desired, be requested by sending an email to info@catchii.com.
5.4 The delivery period for the order stated by Catchii on the Catchii website is only an indication and therefore cannot be regarded as a strict delivery deadline.
5.5 Catchii will inform the buyer as soon as possible in writing, by email, or by telephone if the order cannot be delivered within the period indicated on the Catchii website, or within thirty (30) days.
5.6 If a delivery period of thirty (30) days after the order is exceeded, the buyer has the right to a refund of the purchase amount of the order, including the paid shipping costs, but no right to consequential, delay, loss of profit, or loss of turnover damage for the buyer.
5.7 If the products cannot be delivered directly from stock, Catchii will indicate on the Catchii website when the products are expected to be available again.
5.8 Collection of the order in the Catchii studio or in stores where Catchii products are sold is not possible.
5.9 The order will be delivered to the address as indicated by the buyer when placing the order and confirmed by Catchii via the confirmation email to the buyer's specified email address.
5.10 Catchii has outsourced the delivery of orders within and outside the Netherlands to UPS.
5.11 Orders cannot be delivered to a PO Box.
5.12 The shipping costs per order within the Netherlands are €4.95. If the amount of a single order is higher than € 100,–, Catchii will not charge any shipping costs.
5.13 The shipping costs for delivery of the order abroad will depend on the size of the order as well as the country of destination. Information about shipping costs can be found on the Catchii website.

6 Warranty

6.1 The products supplied by Catchii must comply with the quality, requirements and description as stated on the Catchii website.
6.2 In the event that the product does not comply with the quality, requirements or description as described on the Catchii website, the buyer must inform Catchii in writing or by email about the non-conformity and/or damage to the product within seven (7) working days of receipt of the product (Catchii's email and visiting address are stated in the general terms and conditions).
6.3 In the event that a product does not comply with the quality, requirements or description as described and displayed on the Catchii website, the buyer has the right to return the products to Catchii free of charge. The buyer is entitled to free repair of the product or replacement with a similar product, or if the product is no longer available, a refund of the purchase amount including any shipping costs paid.
6.4 Catchii is not liable for defects or wear and tear of the product in the event of negligent maintenance, improper use (not following the instructions in the user manual) or in the event of normal wear and tear of a product.
6.5 Catchii recommends washing the delivered products by hand and not in a dishwasher. Damage as a result of washing in a dishwasher cannot be ruled out, and Catchii is not liable for this.

7 Transfer of risk

7.1 Subject to the provisions of Article 5 of the general terms and conditions, the risk of loss, damage or depreciation transfers to the buyer at the moment the order is delivered to the address specified by the buyer. If and insofar as the order has been offered in vain at the buyer's specified address, the risk transfers at the moment of offering.

8 Retention of title

8.1 Catchii will only transfer ownership of the products – despite the actual delivery of the products – at the moment the buyer has paid the full purchase price of the products.
8.2 The buyer is not authorized to resell, pledge or otherwise encumber the products that are subject to retention of title.

9 Intellectual Property Rights

9.1 All intellectual property rights of the Catchii website and all Catchii products belong to Catchii. The buyer is therefore not permitted to use the intellectual property rights in the broadest sense of the word without Catchii's prior consent.

10 Liability

10.1 Despite the fact that Catchii is very careful with regard to a correct, clear representation of prices, offers, a correct description, requirements, and quality of the products shown on the Catchii website, Catchii is not liable for any errors, inaccuracies or imperfections on its website and/or confirmation email. Catchii reserves the right to correct these errors, inaccuracies or imperfections at any time.
10.2 Catchii is not liable for damage that the buyer may suffer as a result of delay, non- (complete) receipt of orders – for example due to a (temporary) technical problem of the Catchii website, or between Catchii and third parties, including the electronic payment system, as well as the possible consequences thereof, unless and insofar as there is gross negligence or intent on the part of Catchii.
10.3 In any case, Catchii's liability for damages is always limited to a maximum of the purchase amount and any shipping costs paid. Catchii is in no case liable for any consequential, delay, loss of profit or loss of turnover damage suffered by the buyer.

11 Withdrawal

11.1 In the case of a distance purchase, the buyer has the right to dissolve the distance purchase without stating reasons within seven (7) working days after receipt of the order.
11.2 Dissolution of the distance purchase shall only take place in writing or by email, whereby this message must have been received by Catchii within the aforementioned period.
11.3 In the event of dissolution, Catchii will refund the purchase price paid by the buyer to Catchii, with the exception of any shipping costs paid, within thirty (30) days of receipt of the returned order (Minus €3.95 administration costs), provided and as soon as the returned order is returned to Catchii free of defects and damage.

12 Force majeure

12.1 Force majeure is understood to mean any shortcoming in the fulfillment of a (distance) agreement that cannot be attributed to Catchii, including the circumstance that Catchii's suppliers cannot fulfill their delivery obligation. Catchii is not obliged to fulfill its obligations towards the buyer, nor can Catchii suspend its obligations towards the buyer for the duration of the force majeure. In the event of suspension, Catchii and the buyer have the right to dissolve the distance contract if the period for fulfillment lasts longer than two months. In addition, Catchii can offer the buyer the option of returning the purchase amount if fulfillment remains impossible.
12.2 In the event of force majeure, Catchii is not liable to the buyer for consequential, delay, profit, or turnover damage. Catchii's liability for damages is at all times limited to a maximum of the purchase amount and any shipping costs paid.

13 Applicable law

13.1 Dutch law applies to the general terms and conditions as well as to the concluded distance contracts and the disputes arising therefrom between Catchii and the buyer.
13.2 The rules regarding general terms and conditions in the Civil Code do not apply in the relationship with buyers, not being consumer buyers, who are established or domiciled outside the Netherlands.

14 Dispute Resolution

14.1 All disputes that may arise in connection with the general terms and conditions or from the distance contract or from agreements arising from the distance contract between Catchii and the buyer shall – unless any mandatory legal provision dictates otherwise – be exclusively settled in the first instance by the competent court in Amsterdam.
14.2 After Catchii has invoked the application of Article 14.1 of the general terms and conditions in writing to the buyer, the buyer has the choice to indicate within one month of that invocation that he wishes the dispute to be settled by the legally competent court. 14.3 The operation of the Vienna Sales Convention is expressly excluded.

15 General Terms and Conditions for Personalization

These terms and conditions apply to our sales of personalized Catchii items.

1. General provisions
1.1 Upon approval, by payment, the customer commits to purchasing the items ordered by them.
1.2 Because the colors of the designs are displayed differently based on the monitor settings and computer capabilities of the buyer, color deviations cannot be excluded.
1.3 The buyer is obliged to provide the correct address details via the website and remains liable for the items ordered by the buyer that have been delivered to the address.

2. The purchase agreement
2.1 An agreement is concluded after payment of your order. Catchii is entitled to refuse orders. If an order is not accepted, Catchii will notify this within ten days of receipt of the order and the money will be refunded or the assignment will be discussed and Catchii will reach an agreement with the buyer so that the assignment can still be made.
2.2 Catchii attaches great importance to the correct representation of prices and specifications that appear on the website www.catchii.com. Nevertheless, Catchii cannot guarantee the accuracy of the information presented on this website. Catchii is not bound by agreements that have been concluded on the basis of incorrect information appearing on the site.
2.3 Because all products are personalized for the buyer, returns are not possible without an demonstrable shortcoming by Catchii. By paying for the purchase, you agree to the assignment accepted by Catchii. Returns are only possible if there is a defect (breakage, crack, or content error) in your ordered product.
2.4 The buyer agrees, after payment, to Catchii's creative freedom. No example of the personalized end product will be shown in advance; you will only see it upon receipt.

3. Right of withdrawal
3.1 The right of withdrawal does not apply to personalized Catchii items delivered.

4. Prices, discounts and payments
4.1 Catchii expressly reserves the right to change prices if there is reason to do so.
4.2 The amount owed by the buyer to Catchii must be paid immediately after ordering using the integrated payment system. If payment is not made, the order will be canceled and will not be processed.

5. Delivery
5.1 The delivery times stated on the website www.catchii.com, in confirmations and agreements are made to the best of our knowledge and will be observed as much as possible, but they are not binding. Catchii cannot be held liable for any damage whatsoever as a result of exceeding a delivery time.
5.2 Delivery is only possible to addresses within the Netherlands.

6. Personal data
6.1 Personal data will be included in Catchii's customer database. The personal data will only be used for the complete processing of the order.
6.2 Personal data will not be provided by Catchii to third parties, unless explicit permission has been given by the buyer or if this is necessary in connection with legal requirements.

7. Complaints, liability and disputes
7.1 The buyer is obliged to examine with due speed after delivery of the ordered products whether Catchii has properly fulfilled the agreement and is furthermore obliged to immediately, but no later than 14 days after delivery, inform Catchii by email to info@catchii.com of any observed defects. If this does not happen, Catchii is deemed to have fulfilled its obligations under the agreement.
7.2 Catchii's liability and that of its employees shall at all times be limited to the amount of the ordered product (purchase agreement) of the buyer.
7.3 If you have a complaint about products supplied by us, please let us know. In the event of complaints, please contact us at: info@catchii.com.