Terms and conditions for personalized mugs for private individuals.

Terms and conditions for personalized mugs for private individuals.

De Barista Shop

1. Applicability and scope

These terms and conditions apply to all personalized products offered by De Barista Shop to private customers (B2C).
Personalized products include, but are not limited to:

• mugs (white ceramic, enameled, ceramic with a colored handle and/or interior);
• clothing (hoodies, sweaters);
• accessories (such as tote bags);
• other personalized items offered by De Barista Shop now or in the future.

These terms and conditions apply exclusively to private purchases and do not apply to business orders.

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2. Design, proof and approval

• For all personalized products, the customer will always receive a proof.
• Production will start only after explicit approval of the final proof by the customer.
• Once approved, the order is final and no changes can be made.

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3. Responsibility for content

• The customer is fully responsible for the content of the personalized design, including:

1. spelling, names, dates and texts;
2. provided images and associated (copyright) rights.

• De Barista Shop will use the provided or approved content unchanged and will make no content corrections, unless this has been explicitly requested and approved by the customer.
• After approval of the final proof, the customer bears full responsibility.

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4. Right of withdrawal and cancellation

• Personalized products are made to order and are therefore excluded from the right of withdrawal after approval of the final proof.
• Cancellation is only possible before approval of the final proof.
• After approval of the final proof:

1. no cancellation;
2. no refund;
3. no returns.

• This may only be deviated from in the event of demonstrable production errors.

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5. Production errors

Production errors exclusively mean:

• obvious printing errors that differ from the approved proof;
• crooked placement of the design;
• extreme color deviations compared to the proof;
• delivery of the wrong product or product type.

The following are not considered production errors:

• errors that were already present in the proof;
• minor color deviations due to screen display;
• normal wear and tear from use.

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6. Complaints, reporting period and handling

• Defects or damage must be reported within 5 days of receipt.
  Reports made later cannot be processed.
• When reporting, mandatory photos must be sent showing:

1. the outer packaging, including the visible shipping label (overview photo);
2. the inner packaging, including insulation and padding material;
3. the damage to the product (close-up and overview photo, including its position in the packaging).

• If the report is submitted in a timely and complete manner, De Barista Shop will provide a free reprint/replacement.
• Refunds will only be issued if a reprint or replacement is not possible.
• If reported after 5 days, the right to a reprint or full refund will expire.

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7. Delivery times and production

• Production will start after approval of the final proof and receipt of payment.
• The average production time is 4–6 business days.
• After production, the order will be prepared for shipping.
• The average delivery time within the Netherlands is a maximum of 2 business days.
• All stated timeframes are indicative and are based on best efforts.
• Deviations may occur in the following cases:

1. peak demand;
2. public holidays;
3. force majeure;
4. delays with the carrier.
5. Seasonal closure (example):
   Production may be temporarily closed around the Christmas period, for example from 12:00 noon on 24 December through 4 January. Orders will be processed again from 5 January.

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8. Prices, payment and shipping costs

• All prices are inclusive of VAT and exclusive of shipping costs, unless stated otherwise.
• Shipping costs depend on your products and delivery address. You will see the total before checking out.

• Payment will be made in full in advance via De Barista Shop checkout.

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9. Ownership and design retention period

• The product remains the property of De Barista Shop until full payment has been received.
• After full payment, ownership passes to the customer.
• The approved design/file will be kept for a maximum of 1 year.
• If there is no communication, De Barista Shop is entitled to delete the design/file after this period.

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10. Use, warranty and liability

• Normal wear and tear from use (such as washing, dishwasher use, microwave use, or daily use) is not covered by the warranty or right of return.
• The warranty applies exclusively to manufacturing or production defects, provided they are reported in a timely manner.
• De Barista Shop is not liable for damage caused by incorrect or improper use.
• Liability for indirect damage (consequential damage) is excluded, including:

1. lost income;
2. emotional damage;
3. consequential damage due to delayed delivery;
4. damage to other products or property.

• If De Barista Shop is nevertheless held liable, this liability will always be limited to the purchase price paid by the consumer, including shipping costs, for the product in question.

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11. Applicable law and disputes

• These terms and conditions and all agreements are governed exclusively by Dutch law.
• Disputes will preferably be resolved amicably.
• If this is not possible, the dispute will be submitted to the competent court in the Netherlands.
• The consumer may also submit a dispute to a recognized dispute committee or via the European Commission's ODR platform.