In these general terms and conditions, the following definitions shall apply:
“Art of Fiber” : Art of Fiber B.V., established and domiciled at (7132 DT) Lichtenvoorde, on the Havik 31, and registered with the Chamber of Commerce under registration number 16036545 and trading under the name “Art of Fiber” and its affiliated companies: Art of Fiber SAAS B.V.;
“Agreement” : the agreement between Art of Fiber and the Customer with regard to the sale, purchase and delivery of Goods and Services by Art of Fiber to the Customer;
“Customer” : a party of Art of Fiber under the Agreement;
“Order” : a request from or on behalf of the Customer to Art of Fiber to produce and deliver Goods or Services;
“Goods” : through 3D technology designed and custom printed stand designs of Art of Fiber sold and delivered to the Customer or otherwise made available;
“Services” : any and all agreed services provided by Art of Fiber to the Customer other than the delivery of Goods;
“Website” : the website of Art of Fiber, https://artoffiber.com/ and any associated subdomains.
2.1 These general terms and conditions apply to all offers, Orders and Agreements of Art of Fiber, including but not limited to agreements whereby Art of Fiber sells Goods to the Customer directly or through or with the mediation of third parties, as well as additional agreements and successor agreements between Art of Fiber and the Customer.
2.2 Deviations from these general terms and conditions shall only be valid if expressly agreed in writing in advance.
2.3 Applicability of any other (general) conditions of the Customer is hereby expressly rejected.
2.4 In the event of nullity of one or more provisions from an Agreement or document between Art of Fiber and the Customer or in these terms and conditions, the parties will consult in Order to agree on new provisions to replace the null or nullified provisions, taking into account as much as possible the purpose and purport of the null or nullified provision.
2.5 Art of Fiber can amend these terms and conditions at any time, so please do not assume that the same terms will apply to future Orders. The most recent and applicable version of the terms and conditions can be found on the Website.
3.1 All offers and other statements by Art of Fiber are without obligation, unless explicitly stated otherwise in writing. Obvious mistakes in offers and other statements by Art of Fiber shall not bind Art of Fiber.
3.2 Art of Fiber is never obliged to accept and/or execute Orders.
3.3 Once the Order is accepted by Art of Fiber, no further changes can be made to the Order. Art of Fiber will be unable to cancel or amend Orders.
3.4 An Agreement between Art of Fiber and the Customer is concluded at the moment that Art of Fiber accepts an Order from the Customer.
3.5 All offers of Art of Fiber shall be maintained for thirty (30) days, unless agreed otherwise.
4.1 Art of Fiber is committed to providing high-quality printing services while maintaining a respectful and responsible business environment. To ensure that all Goods and Services align with Art of Fiber’s values and ethical standards, Art of Fiber follows the following content policy. Art of Fiber does not accept Orders or print materials that contain any of the following:
i. Offensive Language or Imagery: Any content that is vulgar, profane, or contains offensive language or visuals;
ii. Hate Speech: Content that promotes discrimination, hatred, or violence against individuals or groups based on race, ethnicity, nationality, religion, gender, sexual orientation, disability, or any other protected characteristic;
iii. Sexually Explicit or Pornographic Content: Any material that is sexually suggestive, obscene, or pornographic in nature;
iv. Violence or Graphic Imagery: Content that promotes, glorifies, or depicts excessive violence, harm, or cruelty to people or animals;
v. Illegal Content: Any content that violates local, state, or federal laws, including but not limited to copyright infringement, defamation, libel, or any content promoting illegal activities, as well as any content that displays contains links to any forbidden symbolism under state, federal, national or local law or which is commonly associated with groups or systems of oppression, or symbols of hate or disrespect, as well as symbols commonly and historically associated with any groups or movements that are discriminatory, or are associated with crime, hatred, or violence.
4.2 Art of Fiber reserves the right to refuse or cancel any Order that violates this policy. There will be no liability for Art of Fiber for refusing or cancelling an Order.
4.3 The above policy reflects the values of Art of Fiber, but Art of Fiber can never be held liable for any (delivered) Goods or Services that are in conflict with abovementioned content policy.
5.1 The prices and discounts applied by Art of Fiber are those in force on the day the Agreement is concluded.
5.2 The prices charged by Art of Fiber are to be increased with transportation costs, sales tax (VAT), excise duties and any other levies imposed by the authorities. All prices are in euro currency.
5.3 Art of Fiber shall at all times be entitled to increase the agreed prices, whether or not on account of increases in purchase prices and/or freight rates of the Goods and/or the raw materials required for the production of the Goods and/or surcharges on levies imposed by the authorities.
6.1 The Goods shall be delivered by Art of Fiber to the specified address of the Customer, unless agreed otherwise. If the Customer refuses to take delivery of the Goods there or is negligent in providing information or instructions necessary for delivery, the ensuing costs will be at the Customer’s expense and the risk will nevertheless pass to the Customer at that time.
6.2 Art of Fiber shall be entitled to deliver the Goods in partial deliveries.
6.3 All (delivery) periods stated and/or agreed by Art of Fiber for Goods or Services have been set to the best of Art of Fiber’s knowledge, but are never binding or final deadlines. The mere exceeding of a stated or agreed delivery or other term shall not cause Art of Fiber to be in default or constitute an attributable failure. If any term is exceeded, Art of Fiber will deliver the Goods to the Customer as soon as possible.
7.1 The 3D editor is a tool on the Website that provides an image of the final Goods. A difference between the design created by the Customer in the 3D editor and the final Goods does never constitute non-conformity or default. No other rights can be derived from the 3D editor under any circumstances.
7.2 After delivery of Goods, the Customer shall be obliged to check immediately whether the delivered Goods have no external defects and whether they correspond with the description in the Agreement. If the Customer has not reported the discrepancy between the delivered Goods and the external defects and/or description in the Agreement within 48 hours after delivery, the description in the Agreement and the delivered Goods shall be deemed to correspond in nature and number and the delivered Goods shall be unconditionally accepted by the Customer.
7.3 Complaints regarding defects that are not immediately visible should be communicated in writing to Art of Fiber by the Customer as soon as possible after their discovery, but in any event within 48 hours after delivery. If Art of Fiber has not received this complaint within 48 hours after delivery, the shortcoming and/or defect will be deemed not to have been present at the time of delivery and to have arisen afterwards, unless the Customer provides evidence to the contrary. This shall apply in full if the Goods are delivered to (a) third party (parties) on behalf of or at the request of the Customer.
7.4 If the Customer is of the opinion that the Good does not possess the features that it could expect on the basis of the Agreement, the Customer must notify Art of Fiber of this in writing immediately after it has established the discrepancy, if any, or could reasonably have established it, but no later than 48 hours after delivery of the Goods.
7.5 If the Customer reports (in good time) any discrepancy between the delivered Goods and what the Customer could reasonably expect on the basis of the Agreement, Art of Fiber will confirm this report to the Customer. Art of Fiber will consult with the Customer in this respect as soon as possible and carry out the necessary investigation, whereby the Customer must immediately give Art of Fiber the opportunity to establish the discrepancy or have it established.
7.6 Notifications of discrepancies or complaints shall not entitle the Customer to suspend or offset its payment obligation(s) towards Art of Fiber.
7.7 If Art of Fiber finds a report of any discrepancy or complaint to be wholly or partly justified, Art of Fiber shall, at its discretion, either pay (pro rata) compensation up to a maximum of the invoice value of the Goods concerned or replace the Goods concerned (pro rata) free of charge, or proceed to repair (work).
8.1 Without Art of Fiber’s prior written consent, Art of Fiber is not obliged to accept return shipments from the Customer.
8.2 Receipt of return shipments does not in any case mean recognition by Art of Fiber of the ground for return stated by the Customer.
8.3 If Art of Fiber accepts a return from the Customer and Art of Fiber decides to credit the Customer, Art of Fiber will credit the Customer for this return.
9.1 After placing an Order, the Customer must pay Art of Fiber, within the agreed payment term, without any deduction, discount or settlement in euros. If no payment term is agreed upon, a payment term of 24 hours after the acceptance of the Order by Art of Fiber is applicable.
9.2 If the Agreement concerns the provision of Services by Art of Fiber to the Customer, payment must be made in euros without any deduction, discount or set-off by payment or transfer to the bank account indicated on the invoice within fourteen (14) days after the invoice date, failing which the Customer will be in default by operation of law and Art of Fiber will be entitled to statutory (commercial) interest and extrajudicial and judicial costs from that time onwards, relating to the collection of this claim or the exercise of rights. Art of Fiber is entitled to send the Customer an invoice for each partial delivery.
9.3 After the expiry of the term referred to in Clause 9.1, the Customer shall automatically be in default without notice of default being required.
9.4 Art of Fiber is entitled to suspend its obligations to the Customer in the event the Customer is in default. If the Customer is in default, all claims of Art of Fiber will immediately become due. Art of Fiber is entitled to request security or an advance payment for pending and/or new Orders.
9.5 If the Customer remains negligent in paying the claim, Art of Fiber may pass on the claim for collection, in which case the Customer will also be obliged to pay extrajudicial and judicial costs, including all costs calculated by external experts in addition to the costs established in court, in connection with the collection of this claim or the exercise of rights otherwise. The extrajudicial collection costs to be incurred by Art of Fiber in the event of late payment by the Customer amount to 15% of the amount due over the first €2,500.00 of the claim, 10% over the next €2,500.00 of the claim, 5% over the next €5,000.00 of the claim, 1% over the next €190,000.00 of the claim and 0.5% over the surplus of the claim with a maximum of €6,775.00. The extrajudicial collection costs shall in no event be less than €40.00.
9.6 The Customer is not entitled to set off a claim on Art of Fiber against debts to Art of Fiber.
9.7 If the Customer disputes the amount of the invoice, it must notify Art of Fiber of its objections in writing within eight (8) days of the invoice date. After this term the Customer’s right is lapsed. Objections to the amount of Art of Fiber’s invoice do not suspend the Customer’s payment obligation.
9.8 If the Customer is a legal entity and is affiliated with other legal entities in a group within the meaning of Article 2:24b of the Dutch Civil Code, it shall be jointly and severally liable to Art of Fiber for the payment of all present and future claims of Art of Fiber against the other legal entities with which it is affiliated in a group.
10.1 All Goods delivered to the Customer will remain Art of Fiber’s property until all amounts owed by the Customer, as well as the amounts referred to in Clause 9.5, have been paid to Art of Fiber in full.
11.1 Art of Fiber’s liability for indirect damage, consequential damage, loss of profit, damage resulting from third-party claims against the Customer, damage due to exceeding a term or property damage consisting of destruction, damage or loss of items used by the Customer is excluded. More specifically, Art of Fiber is not liable for any loss or damage, death, illness or physical injury caused by, through or in connection with the execution of the Agreement, except for intent and gross negligence on the part of Art of Fiber.
11.2 The total liability of Art of Fiber as a result of any failure to comply with the Agreement, including but not limited to a warranty, indemnification, wrongful act or on any ground whatsoever, shall be limited to compensation up to an amount reimbursed by the insurer of Art of Fiber with respect to that specific claim of the Customer but in no event an amount exceeding €100,000.00 (excl. VAT) per Customer and per year. These limitations also apply in case of liability, damage and/or costs resulting from Art of Fiber’s processing of personal data. Even in the event of full or partial termination of the Agreement, Art of Fiber shall never be obliged to repay or compensate any higher amount(s).
11.3 Liability of Art of Fiber on account of default (toerekenbare tekortkoming) in the performance of an Agreement will only arise if the Customer gives Art of Fiber proper notice of default (ingebrekestelling) immediately after it has become aware of the default, stating a reasonable period for remedy of the default and Art of Fiber continues to fail imputably in the performance of its obligations even after that period. The notice of default must contain as detailed a description of the default as possible.
11.4 Art of Fiber is not liable for:
i. damages incurred by the Customer or third parties that are the result of the provision of incorrect or incomplete data or information, including incorrect designs requested by the Customer to Art of Fiber or are otherwise the result of an act or omission by the Customer;
ii. damage caused to the Customer or third parties that is the result of an act or omission of auxiliary persons called in at the request of or by the Customer (not including employees of Art of Fiber and third parties called in by Art of Fiber to carry out the Order);
iii. indirect, operational or consequential damage suffered by the Customer or third parties, including but not limited to loss of profit, stagnation in the normal course of business at (the company of) the Customer; or
iv. an (administrative) fine imposed on the Customer by the supervisory authority.
11.5 The Customer shall indemnify Art of Fiber against and compensate Art of Fiber for all claims by third parties, including but not limited to shareholders, directors, supervisory directors and staff of the Customer, as well as affiliated legal entities and companies and others involved in the Customer’s organization that arise from or are related to Art of Fiber’s work for or on behalf of the Customer, except insofar as such claims are the result of intent or gross negligence on the part of Art of Fiber. This indemnification also covers the costs of defence against those claims and fines from the Personal Data Authority (Autoriteit Persoonsgegevens). In particular, the Customer indemnifies Art of Fiber against third-party claims for damage caused by the fact that the Customer provided incorrect or incomplete information to Art of Fiber, unless the Customer demonstrates that the damage is not related to culpable acts or omissions on its part, or was caused by intent or gross negligence on the part of Art of Fiber. Third-party claims also include administrative fines imposed on Art of Fiber as a co-perpetrator of a tax default.
11.6 Customer must report the damage to Art of Fiber in writing within 14 days after it has become aware of the occurrence of the damage, without prejudice to what is provided elsewhere in these general terms and conditions. After this term the Customer’s right to claim damages is lapsed.
11.7 The provisions of this article also apply for the benefit of all (legal) persons and staff members which Art of Fiber makes use of for the execution of the Agreement.
12.1 If Art of Fiber cannot fulfil its obligations towards the Customer due to a non-attributable failure (force majeure), those obligations will be suspended for the duration of the force majeure situation.
12.2 Force majeure on the part of Art of Fiber shall be understood to include: (i) acts of God, (ii) a failure of Art of Fiber’s suppliers; (iii) illness of employees or third parties engaged for the purpose of executing the Agreement; (iv) strikes of employees or third parties engaged for the purpose of executing the Agreement; (v) measures and/or prohibitions by the Dutch and/or foreign government by which Art of Fiber is bound, such as but not limited to a lockdown; (vi) traffic impediments and/or accidents with or technical defects to the means of transport used for the transport of the Goods, at Art of Fiber or any other third parties Art of Fiber engages for the execution of the Agreement: (vii) defects, incompleteness in third-party goods, hardware, software or materials used by Art of Fiber, (viii) power failures, (ix) breakdowns of the internet, data network or telecommunications facilities, and (x) (cyber)crime, (cyber)vandalism, the use of malware, war or terrorism.
13.1 Art of Fiber may terminate all or part of the Agreement without notice of default (ingebrekestelling) and without judicial intervention by giving written notice or if the Customer is granted a provisional or non-provisional suspension of payments (surséance van betaling), if bankruptcy is applied for in respect of the Customer, its business is wound up or terminated, or any (payment) arrangement is made with the Customer’s creditors or a scheme is offered within the framework of the Dutch Private Bankruptcy Act (Wet Homologatie Onderhands Akkoord), or if the Customer is a natural person and it is admitted to the WSNP (Wet Schuldsanering Natuurlijke Personen) or a request for such admission has been submitted. Art of Fiber will never be obliged to pay any damages on account of such termination. The amounts due will thereby become immediately payable.
13.2 If, at the time of dissolution or termination of the Agreement as referred to in Clause 13.1 and the Customer has already received performance in execution of the Agreement, this performance and the related payment obligation will not be undone.
13.3 Amounts which Art of Fiber has invoiced before the dissolution or termination, respectively, in connection with what it has already performed or delivered in execution of the Agreement, shall remain due in full and shall become immediately payable at the time of dissolution.
14.1 Art of Fiber is entitled to engage third parties for the execution of the Agreement.
14.2 When engaging third parties, Art of Fiber shall always proceed with due care. However, Art of Fiber shall not be liable for damage resulting from shortcomings of third parties. Art of Fiber assumes and, if necessary, hereby stipulates that an assignment given to it by its Customer includes the authority to accept any limitations of liability of third parties also on behalf of its Customer.
14.3 Without Art of Fiber’s prior written consent, the Customer will not be allowed to transfer its rights pursuant to its legal relationship with Art of Fiber or one or more obligations arising therefrom to third parties in full or in part, or to have them actually carried out by third parties.
15.1 All rights relating to Goods and/or Services that Art of Fiber develops or uses in the execution of the Agreement will accrue to Art of Fiber, insofar as they do not already accrue to its suppliers. Under no circumstances will there be a transfer of intellectual (property) rights from Art of Fiber to the Customer through or because of the performance of the Agreement by or on behalf of Art of Fiber.
15.2 The Customer is only entitled to use the intellectual property rights arising from the Agreement for the purpose of the Agreement and subject to the provisions of Article 15.1, unless explicitly agreed otherwise in writing.
15.3 The Customer indemnifies Art of Fiber against any third-party claims on account of an infringement of intellectual property rights made pursuant to the Agreement between the parties.
16.1 Art of Fiber undertakes to comply with applicable data protection legislation, including the EU General Data Protection Regulation (GDPR) 2016/679 (as well as all applicable national implementing and supplementary laws), and to ensure compliance with this legislation by its staff, agents and representatives and subcontractors. By accepting these general terms and conditions, the Customer undertakes the same commitment. In its capacity as “controller” under such legislation, Art of Fiber may process the personal data (name, contact details, personal characteristics, employment information and financial information) of the Customer’s agents, representatives, employees and subcontractors, for the purpose of customer management, accounting/finance, (invoice) dispute management and/or compliance with laws and regulations.
16.2 Art of Fiber shall take appropriate technical and organizational measures to secure personal data against loss and against any form of unlawful processing of personal data. Taking into account the state of the art and the costs of implementation, these measures guarantee an appropriate level of security given the risks of processing and the nature, scope and context of the personal data to be protected.
17.1 The agreements between Art of Fiber and the Customer shall be governed by Dutch law. Applicability of the Vienna Sales Convention 1980 is excluded in accordance with its Article 6.
17.2 Any disputes which may arise between Art of Fiber and the Customer arising from or in connection with (the performance of) an agreement entered into between Art of Fiber and the Customer, as well as in connection with these general terms and conditions, shall be submitted to the competent court in Amsterdam without prejudice to the parties’ right to request a provisional provision.
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