Terms and Conditions
The 3D artworks are handmade and therefore we cannot guarantee that the colors on the website and/or other photos are the same as the actual colors of the ordered artwork.
In addition, the color experience on our website and/or on other online channels depends on the color settings of your computer/mobile device.
The artwork hangs best on the wall if it is well cared for. To keep the artwork in the best possible condition, we recommend touching the artwork as little as possible and only cleaning it with a feather duster. The baking frame can be carefully wiped with a damp cloth.
We recommend fixing the artwork to the wall with sturdy plugs and screws. The artwork may be a bit heavier than average. A good installation is therefore also a requirement. A suspension system is attached to the back of the artwork.
Expected delivery time 4 - 6 weeks
All Caroline Leardini 3D artworks are handmade, which means that a refund is not possible. Caroline Leardini wants all customers to be happy with the artwork that has been ordered. All artworks can therefore be exchanged provided they are undamaged, including the original packaging and with a 'return security tag'. Caroline Leardini cannot accept return of artwork that does not have the original 'return security tag'. For this tag, send an email to email@example.com within 5 days of receiving the artwork. Within 72 hours of receiving the return form, Caroline Leardini will send a return security tag and instructions on how to return the artwork.
Please note: You are solely responsible for the artwork until it reaches us and we recommend that you use a secure delivery service that requires a signature to prove receipt.
The content of this website is protected by intellectual property rights and belongs to Caroline Leardini. As a result, the content of this website may not be reproduced and used commercially without reference to Caroline Leardini.
All designs, logos and photos are the property of Caroline Leardini and may only be used with written permission from Caroline Leardini.
Caroline Leardini is part of Muziektheaterlab VOF
Chamber of Commerce number: 59524618
VAT number: NL853535589B01
Caroline Leardini can change the general terms and conditions at any time. Any adjustments will not affect orders that are already being processed.
TERMS AND CONDITIONSArticle 1: Definitions
In these general terms and conditions the following definitions apply:
- CarolineLeardini.com : Caroline Leardini, established at Tiellaan 96, 3826JM Amersfoort, registered with the Chamber of Commerce under number 59524618 and legally represented by Mrs C. Leardini
- Customer: the natural or legal person who has commissioned Caroline Leardini to deliver products and/or services.
- Consumer : the natural person, not acting in the exercise of a profession or business, who has commissioned Caroline Leardini to deliver products or services.
- Products and/or services: all products and/or 3D artworks and related products and/or services. The foregoing applies in the broadest sense of the word.
- Documents: all goods made available to each other by the parties, including documents or data carriers, as well as all goods produced by Caroline Leardini in the context of the execution of the assignment, including documents or data carriers.
- Agreement: any written agreement between the customer and Caroline Leardini for the delivery of products and/or services by Caroline Leardini for the benefit of the customer.
- Parties: customer and Caroline Leardini jointly.
Article 2: Applicability
- These general terms and conditions apply to all offers, quotations and/or agreements made or entered into by Caroline Leardini within the framework of the delivery of products and/or services.
- Deviations from these general terms and conditions are only valid if and insofar as they have been agreed in writing between the customer and Caroline Leardini.
- If the customer uses general terms and conditions and refers to them, the applicability thereof is hereby expressly rejected. Terms and conditions that conflict with these terms and conditions will not be accepted by Caroline Leardini.
- If any provision, which forms part of these general terms and conditions or of an agreement, is null and void or is annulled, only the relevant provision will not apply. All other provisions remain valid and the relevant provision will be immediately replaced in consultation between the parties by a provision that approaches the purport of the original provision as closely as possible.
- Caroline Leardini has the right to unilaterally change these general terms and conditions. Changes will also apply to agreements already concluded. Caroline Leardini will inform the customer by e-mail of any changes to the general terms and conditions.
- Changes to general terms and conditions will take effect after thirty days after the customer has been informed. Only consumers have the right to dissolve the agreement within these thirty days if they do not agree with the amended terms and conditions.
Article 3: Offers and quotations
- All offers and/or quotations made by Caroline Leardini are without obligation, unless expressly stated otherwise. Caroline Leardini has the right to revoke an offer made no later than five days after receipt of acceptance.
- Offers may be based on data, information or documents provided by the customer. If after quotation it appears that the information provided deviates from the actual circumstances, no rights can be derived from offers made by Caroline Leardini. Caroline Leardini is not obliged to check the correctness of data, information or documents received by the customer or third parties.
- Offers and/or quotations are made in writing and/or digitally, unless urgent circumstances make this impossible.
- Caroline Leardini cannot be held to her offers and/or quotations if the customer, in terms of reasonableness and fairness and generally accepted views, should have understood that the offer and/or quotation or any part thereof was an obvious mistake. , slip, printing, typesetting or typing error.
- All samples, models or images shown are for illustration purposes only. No rights can be derived from this. There may be some color variation between an image and the actual product depending on the screen the image is viewed on.
- A composite quotation does not oblige Caroline Leardini to deliver part of the goods included in the offer and/or quotation and/or to carry out part of the assignment for a corresponding part of the quoted price.
- Offers and/or quotations do not automatically apply to future orders or repeat orders.
Article 4: Agreement
- The agreement is concluded after the customer has accepted the offer made by Caroline Leardini. If the customer's acceptance deviates from the offer on any point whatsoever, the agreement will only be concluded if Caroline Leardini has expressly agreed to these deviations in writing.
- If the customer issues an assignment or places an order to Caroline Leardini without a prior offer, Caroline Leardini will only be bound by this assignment or order after it has confirmed this in writing to the other party.
- Agreements only become binding upon written confirmation from Caroline Leardini or as soon as Caroline Leardini – without objection from the customer – has started the implementation.
- Changes to the agreement are only valid if and insofar as they have been agreed in writing between the customer and Caroline Leardini. Caroline Leardini will make the desired changes, provided they are reasonably possible. Changes may mean that the agreed delivery time is exceeded by Caroline Leardini, which is regarded as force majeure. The customer is also obliged to pay the resulting price difference in the event of desired changes.
Article 5: Customer obligations
- The customer is obliged to provide Caroline Leardini with all data, documents and/or products that Caroline Leardini believes it needs for the correct execution of the agreement, in a timely manner and in the desired form and in the desired manner.
- The customer is obliged to provide Caroline Leardini, if applicable, with access to the site, the building, the location or the space where the services are to be performed by Caroline Leardini, as well as to the necessary tools and (sanitary and/or utilities) facilities, or where the products are to be delivered.
- Caroline Leardini has the right to suspend the execution of the agreement until the moment that the customer has fulfilled the obligations referred to in the previous paragraphs.
- The customer is obliged to inform Caroline Leardini immediately about facts and circumstances that may be important in connection with the conclusion and further implementation of the agreement.
- The extra costs and any extra fee resulting from the delay in the implementation of the agreement, caused by the failure to provide the requested data, or not in time, properly or not in accordance with the agreements, are for the account of the customer. If and insofar as the customer so requests, the documents made available will be returned to the customer.
- The customer may make high demands on Caroline Leardini's services, but the customer guarantees the correctness, completeness and reliability of the data and documents made available to Caroline Leardini by or on behalf of him, even if these originate from third parties. The Customer remains responsible and liable at all times for the possible consequences of providing incorrect, incomplete and unreliable data and documents.
- The customer must respond to any designs, concepts or test samples as soon as possible, but no later than 7 days after delivery by Caroline Leardini. If the customer does not respond in time or at all to designs, concepts or test samples provided by Caroline Leardini, these will be considered final and Caroline Leardini will be entitled to continue the delivery or service and the customer will be obliged to pay for this.
- Customer is at all times responsible for:
- the (timely) checking and approval of any drafts or test samples provided by Caroline Leardini;
- the proper closing of any location where the services by Caroline Leardini will take place or after delivery of products by Caroline Leardini;
- transportation and his own safety and well-being during and after participation in a workshop or other event;
- the use of the products and/or services for the purposes for which they are intended;
- the intended results (appearance/atmosphere) that the customer intends to achieve with the products and/or services purchased from Caroline Leardini;
Article 6: Execution of assignment
- Caroline Leardini determines the manner in which and by which person(s) the agreement is executed. Caroline Leardini will, if possible, take into account timely and responsible instructions from the customer regarding the implementation of the agreement.
- Caroline Leardini will perform the services to the best of her ability and as a diligent professional.
- Caroline Leardini will treat the (personal) data provided by the customer confidentially and will not provide it to third parties or disclose it without the customer's permission.
- Caroline Leardini has the right to have (part of) the delivery or performance of products and/or services carried out by a person or third party to be designated by Caroline Leardini, without notification to and explicit permission from the customer, if this is deemed necessary by Caroline Leardini. Caroline Leardini is desirable.
- If, during the term of the agreement, services are provided for the client's profession or company that do not fall under the services to which the agreement relates, these services will be deemed to have been provided on the basis of separate agreements.
- Caroline Leardini has the right to execute the agreement in phases. If the agreement is executed in phases, Caroline Leardini has the right to invoice each executed part separately and to demand payment for it. If and as long as this invoice is not paid by the customer, Caroline Leardini is not obliged to carry out the next phase and she has the right to suspend the agreement.
If the agreement is executed in phases, Caroline Leardini has the right to suspend the execution of those parts that belong to the next phase or phases until the customer has approved the results of the preceding phase in writing.
- Caroline Leardini reserves the right to use the customer name, the project and the services provided as a reference or example for all commercial purposes, without any compensation being due to the customer. For the use of the customer name, prior permission will always be requested from the customer.
Article 7: Delivery / delivery terms
- Agreed delivery and/or execution terms can never be regarded as strict deadlines, unless it concerns an event on a specific date. If Caroline Leardini does not fulfill her obligations under the agreement or does not do so on time, and this is not permanently impossible because a strict date has passed, she must be given written notice of default by the customer, whereby she is still given a reasonable term to fulfill her obligations. to fulfill.
- Caroline Leardini is entitled to delivery and/or execution in parts whereby she can invoice each partial delivery or phase separately.
- The risk regarding the delivered products is transferred to the customer at the time of delivery. In these general terms and conditions, the moment of delivery is understood to mean: the moment when the goods to be delivered leave the building or warehouse of Caroline Leardini or that of the supplier or the moment when Caroline Leardini has informed the customer that these goods can be collected by him. .
- Packaging, shipping and/or transport of the ordered products takes place in a manner to be determined by Caroline Leardini, but at the expense and risk of the customer. Caroline Leardini is not liable for any damage of any kind - whether or not to the products themselves - related to shipping and/or transport. Provisions included in the general terms and conditions of the carrier do not affect the provisions of this paragraph.
- However, if additional (transport) insurance is required, the costs thereof will be borne by the customer.
- If any costs due with regard to the agreement, such as freight costs, import and export duties, station, storage, security, customs clearance costs, taxes or other levies, are introduced or increased after the conclusion of the agreement, these at the expense of the customer, as well as the consequences of changed exchange rates, unless expressly agreed otherwise.
- If, due to a cause within the customer's sphere of risk, it proves impossible to deliver the ordered products to the customer or if the products are not collected, Caroline Leardini is entitled to have the products returned and stored at the expense and risk of the customer. Unless Caroline Leardini has expressly set a different term in writing, the customer must enable Caroline Leardini within 14 days after notification of the storage to still deliver the products or the customer must still collect them.
- If the customer continues to fail to meet its purchase obligations after the period stated in paragraph 7 of this article has expired, it will be immediately in default, without prior notice of default being required. Caroline Leardini then has the right to dissolve the agreement in whole or in part with immediate effect, without judicial intervention by means of a written statement, and to sell the products to third parties if that is still possible. All this without this resulting in an obligation for Caroline Leardini to pay compensation for damage, costs and interest.
- The foregoing does not affect the customer's obligation to compensate any (storage) costs, damage due to delays, loss of profit or other damage.
- Caroline Leardini cannot be obliged to start the delivery or performance of the products and/or services before she has received any agreed (advance) payment or otherwise provided security for this. In the event of delays caused by this, the specified delivery times will be adjusted proportionately.
- For products that Caroline Leardini has to deliver on time or on demand and for products that are not or only partially in stock upon receipt of the order and that Caroline Leardini notes for delivery as soon as possible, Caroline Leardini reserves the right, without further notice, to calculate the prices and costs applicable at the time of delivery, regardless of prior confirmation, except with regard to consumers.
Article 8: Force majeure
- If Caroline Leardini cannot, cannot timely or properly fulfill its obligations under the agreement as a result of a cause that cannot be attributed to it, including but not limited to illness of the owner of Caroline Leardini and/or employees, malfunctions in the computer network, delays at suppliers, epidemics or pandemics, government measures and other stagnation in the normal course of business within its company or that of the customer, those obligations will be suspended until Caroline Leardini is still able to fulfill them in the agreed manner. .
- In these general terms and conditions, force majeure means circumstances that are not due to the fault of Caroline Leardini, and which are not the responsibility of Caroline Leardini by virtue of the law, a legal act or generally accepted views. In addition to this explanation of force majeure under the law and jurisprudence, force majeure also includes all external causes, foreseen or unforeseen, over which Caroline Leardini cannot exert any influence, but as a result of which Caroline Leardini is unable to fulfill its obligations.
- If the force majeure situation occurs when the agreement has already been partially executed, the customer is obliged to fulfill its (payment) obligations towards Caroline Leardini up to that time, without being entitled to any compensation.
- Caroline Leardini reserves the right to suspend the execution of the agreement during the period of force majeure, or to terminate the agreement with immediate effect, by means of written notice, without judicial intervention, without the customer being able to claim any compensation .
- If the force majeure situation lasts longer than three months, the customer is entitled to dissolve the agreement in writing, without being able to claim any compensation.
Article 9: Rates and price changes
- All rates and prices are expressed in euros and include VAT, but exclude any other government levies and administration, packaging, insurance, delivery, shipping, travel and/or accommodation costs unless otherwise indicated.
- If, after the conclusion of the agreement, cost-increasing circumstances arise, such as increases in raw material prices, wages, exchange rates or import duties, Caroline Leardini has the right to increase her rate accordingly. Customer will be notified of this. Cancellation is only possible after written permission from Caroline Leardini.
- If Caroline Leardini has agreed a fixed rate with the customer, Caroline Leardini is nevertheless entitled to increase this fee or rate if it appears during the performance of the services that the originally agreed or expected amount of work was insufficiently estimated to such an extent when concluding of the agreement, and this is not attributable to Caroline Leardini, which cannot reasonably be expected of Caroline Leardini, that Caroline Leardini performs the agreed services against the originally agreed fee. Caroline Leardini will of course inform the customer immediately. The Customer may decide to take back the order on this basis. If Caroline Leardini has informed the customer of the likelihood of unforeseen extra work, the customer is obliged to pay Caroline Leardini the resulting extra costs and fee.
- Caroline Leardini has the right before the start of the delivery or performance of products and/or services and in the meantime to suspend the delivery or performance of products and/or services until the customer has received an advance or down payment, to be reasonably determined by Caroline Leardini. has paid for the services to be performed, or has provided a bank guarantee or other security for this.
- Caroline Leardini's rates, if necessary increased by disbursements and expense claims
third parties engaged, including any sales tax due, will be charged to the customer prior to delivery or performance, unless expressly agreed otherwise.
- If the agreement ends before the assignment has been completed or the time for which it was granted has expired, and the payment due depends on the completion or the expiry of that time, Caroline Leardini is entitled to a reasonable amount to be determined. part of the agreed price. In determining this, account will be taken of, among other things, the services already provided by Caroline Leardini, the benefit that the customer derives from this, and the grounds on which the agreement was terminated.
Article 10: Payment
- Caroline Leardini uses the following payment conditions:
- a. 100% payment in advance at the time the order or assignment is placed via the webshop,
- Subject to mandatory legal provisions with regard to consumers, payment will take place without deduction, set-off or suspension for any reason whatsoever.
- If the customer has not paid within the periods referred to in paragraphs 1 and 2, or within the further agreed period, he will be in default by operation of law and Caroline Leardini will be entitled, without any further demand or notice of default being required, from the due date to charge the customer the statutory (commercial or consumer) interest on the invoiced amount, until the day of full payment, without prejudice to Caroline Leardini's further rights.
- In the event of late or incomplete payment by the customer, Caroline Leardini is also entitled, without a prior further summons or notice of default being required, to charge the customer for (extra)judicial collection costs, also insofar as the actual costs exceed the court order for costs or the Decree Extrajudicial Collection Costs exceed.
- Contrary to the provisions of paragraphs 4 and 5, a consumer will first receive a written reminder offering a period of 14 days, from the date of receipt of this letter, to still meet his payment obligation before he can falls into default.
- The extrajudicial collection costs for business customers amount to 15% of the total agreed amount, with a minimum of € 100.00.
- The extrajudicial collection costs on the principal sum Decree Extrajudicial Collection Costs (BIK) as follows
- - about the first Euro 2,500,-
- - over the next Euro 2,500
- - over the next Euro 5,000
- - over the next Euro 190,000
- - on the excess above Euro 200,000
are calculated with regard to consumers in accordance with the:
15% with a minimum of €40, a maximum of €375 10%
0.5% with a maximum of € 6,775
- In the case of a joint assignment, customers are jointly and severally liable for the payment of the invoice amount, insofar as the services have been performed for the benefit of the joint customers.
- In the absence of full payment by the customer, Caroline Leardini is, subject to mandatory legal provisions, entitled to dissolve the agreement without further notice of default or judicial intervention by means of a written statement or to suspend its obligations under the agreement until payment has been made or the customer has requested this. provided adequate security. Caroline Leardini also has the aforementioned right of suspension if she has valid reasons to doubt the creditworthiness of the customer even before the customer is in default of payment.
- Payments made by the Customer will first be deducted by Caroline Leardini from all interest and costs due and then from the due and payable invoices that have been outstanding the longest, unless the Customer expressly states in writing upon payment that the payment relates to a later invoice.
- Caroline Leardini is at all times entitled to demand cash payment, (partial) advance payment, interim payment or any other security for payment from the customer, subject to mandatory legal provisions with regard to consumers.
Article 11: Inability to pay
- Without prejudice to the provisions of the other articles of these general terms and conditions, Caroline Leardini is entitled to dissolve the agreement without further notice of default and without judicial intervention by means of a written statement to the customer, at the time when the customer:
a. is declared bankrupt or an application for bankruptcy has been made;
- applies for (provisional) suspension of payments;
c. is affected by an enforcement order;
d. is placed under guardianship or administration;
e. otherwise loses the power of disposal or legal capacity with regard to its assets or parts thereof.
Article 12: Right of withdrawal
- The right of withdrawal only applies to consumers and not to business customers.
- The right of withdrawal does not apply to tailor-made products and/or services that are specially tailored or specially intended for a specific customer.
- Only in the case of a distance sale, i.e. the purchase of one or more products and/or services by a consumer of Caroline Leardini without being able to see this product or service prior to the purchase, can the consumer to the purchase of one or more products during a cooling-off period of 14 days without giving reasons. Caroline Leardini may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason(s).
- The cooling-off period referred to in paragraph 3 commences on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
- If the consumer has ordered several products in the same order: the day on which the last product was received. Caroline Leardini may, provided she has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
- If the delivery of a product consists of several shipments or parts: the day on which the last shipment or the last part is received;
- If it concerns the delivery of services, the cooling-off period commences on the day that the agreement with regard to the relevant service is concluded.
- The consumer is obliged to handle the product and its packaging with care during the cooling-off period. The product may only be unpacked to determine the nature, characteristics and operation of the product. The consumer may only handle and inspect the product as it would be possible in the store.
- If the consumer does not comply with the obligation included in the previous paragraph 5, he is liable for any resulting reduction in value of the product in question.
- If the consumer makes use of his right of withdrawal, he must make this known to Caroline Leardini in an unambiguous manner in writing or by e-mail within 14 days. The consumer can also request a model form intended for this purpose from Caroline Leardini.
- The consumer returns the product as soon as possible, but no later than 14 days after making the withdrawal notification to Caroline Leardini. The return period of 14 days has in any case been observed by the consumer if the product has been returned before the cooling-off period has expired.
- The product must be returned in its original condition and packaging, if reasonably possible, and in accordance with the instructions given by Caroline Leardini.
- The consumer bears the risk and the burden of proof of correct and timely exercise of his right of withdrawal.
- The costs for returning products based on the right of withdrawal are for the account of the consumer.
- When exercising the right of withdrawal, all additional agreements between the consumer and Caroline Leardini will be dissolved by operation of law.
- If the withdrawal is made by the consumer by e-mail, he will immediately receive a notification of receipt from Caroline Leardini after receipt of the withdrawal notification by Caroline Leardini.
- Caroline Leardini will immediately reimburse the consumer for all payments including the shipping costs paid for the charged product, except for the return costs, but at the latest within 14 days following the day of notification of the withdrawal by the consumer to Caroline Leardini.
- Repayment is made free of charge and in the same way as the payment was made, unless the consumer agrees to another payment method for repayment.
- Additional costs for a more expensive delivery than the standard delivery chosen by the consumer do not have to be reimbursed by Caroline Leardini.
Article 13: Exclusion right of withdrawal
- When a consumer enters into a service agreement with Caroline Leardini, such as interior advice, the consumer expressly agrees to the start of the performance of the service within 14 days after the conclusion of the agreement and the consumer declares that he waives his right of withdrawal after full performance. of the service.
- When purchasing digital products, such as an online training or e-book that can be downloaded, the consumer expressly agrees to delivery within 14 days of purchase and the consumer declares that he waives his right of withdrawal.
- Caroline Leardini expressly excludes the right of withdrawal for the following products and services:
- Customization: at the request of the consumer, products and/or services that are customized in accordance with his specifications, which are not prefabricated and are made on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person.
- Products that, due to their nature, have been irrevocably mixed or altered with other products after delivery.
- Services that are performed on a specific date or during a specific period, such as but not limited to workshops and/or events.
Article 14: Complaints/complaints and returns outside the right of withdrawal
- The customer is obliged to check the delivered products immediately upon receipt. Any visible defects, errors, imperfections, defects and/or deviations in numbers must be noted on the enclosed receipt and reported to Caroline Leardini immediately, but no later than 24 hours after receipt of the goods.
- Other complaints - including those relating to services performed - must be reported to Caroline Leardini in writing immediately after discovery, but at the latest within 7 days after discovery. All consequences of not reporting immediately are at the customer's risk.
- If the aforementioned complaints have not been made known to Caroline Leardini within the periods referred to therein, the products are deemed to have been received in good condition or the services to have been performed correctly.
- Complaints do not suspend the customer's payment obligation, subject to mandatory legal provisions with regard to consumers.
- Caroline Leardini should be given the opportunity to investigate the complaint. If a return shipment proves necessary for the investigation of the complaint, this will only be done at the expense and risk of Caroline Leardini if the latter has given her express written consent to this in advance.
- In all cases, returns will be made in a manner to be determined by Caroline Leardini and in the original packaging or packaging.
- If the customer returns goods to Caroline Leardini due to a cause within the customer's sphere of risk, Caroline Leardini is entitled to charge 15% of the invoice value of these goods as "handling costs".
- If the products concern used, consumed or opened products or if the nature and/or composition of the products have changed after delivery, have been fully or partially treated or processed, damaged or repackaged, any right to complain lapses, as well as if the customer does not fulfill his the obligations arising from the agreement have been fulfilled.
Article 15: Liability and indemnification
- If the customer demonstrates that he has suffered direct damage due to an attributable shortcoming, which arises from or is related to the execution of an order or delivery of products by Caroline Leardini, Caroline Leardini's liability for the direct damage alone, subject to mandatory legal provisions , limited to the payment that takes place in the relevant case on the basis of the liability insurance taken out by Caroline Leardini.
If no payment is made on the basis of this liability insurance, any liability is limited to a maximum of the amount invoiced or to be invoiced by Caroline Leardini on the basis of the agreement from which the damage arises (excluding VAT with regard to business customers).
- Caroline Leardini is never liable for business, indirect or consequential damage suffered by the customer or third parties, including but not limited to loss suffered or lost profit, stagnation in the regular course of business within the customer's or third parties' company, personal injury or immaterial damage.
In the event of any consequential damage caused by a defective product (product liability), the customer must contact the manufacturer of the product directly. If necessary, Caroline Leardini will provide the customer with the necessary contact details of the relevant producer.
- Caroline Leardini is never liable for any form of damage suffered by third parties. The customer indemnifies Caroline Leardini against all third-party claims. If Caroline Leardini should be held liable by third parties, the customer is obliged to assist Caroline Leardini both in and out of court. All costs and damage on the part of Caroline Leardini and third parties are for the account and risk of the customer.
- Caroline Leardini is never liable for damage suffered by the customer or third parties that is the result of an act or omission of auxiliary persons or third parties engaged by Caroline Leardini, even if they work for an organization affiliated with Caroline Leardini, subject to mandatory legal provisions with regard to consumers. . In such cases, the customer will only have to turn directly to this auxiliary person or engaged third party (supplier or producer).
- Caroline Leardini is not liable for damage suffered by the customer or third parties as a result of:
- the provision of incorrect or incomplete data or information by the customer to Caroline Leardini, or is otherwise the result of an act or omission of the customer, such as incorrect dimensions;
- failure to check the aforementioned documents and data, test samples, concepts and end products by the customer prior to delivery;
- incompetent, incorrect or improper use of products and/or services supplied by Caroline Leardini;
- use of products and/or services supplied by Caroline Leardini for purposes other than those for which they are intended;
- a longer execution or delivery period than originally foreseen, regardless of the underlying cause;
- necessary intervention by Caroline Leardini during the performance of services that is unavoidable for the performance of the services as such;
- errors or malfunctions in equipment or software used;
- infringements of intellectual property rights, trademarks or copyrights of third parties due to data or other information and documents provided by the customer;
- Caroline Leardini has the right at all times, if and insofar as possible, to undo or limit the damage suffered by the customer by repairing or improving the assignment.
- A claim for compensation of damage must, subject to mandatory legal provisions, be submitted to Caroline Leardini no later than 14 days after the customer has discovered or could reasonably have discovered the damage, failing which the right to compensation will lapse.
- If Caroline Leardini makes an error known to the customer during the performance of the services, the latter is obliged to inform Caroline Leardini thereof immediately after he had discovered or could have discovered the error. If he fails to report this mistake to Caroline Leardini, Caroline Leardini will not be liable for the damage.
- The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of Caroline Leardini or her managers or if mandatory legal provisions with regard to consumers oppose this.
Article 16: Suspension/dissolution
- Caroline Leardini has the right to suspend the fulfillment of all her obligations, including the delivery of products, performance of services, delivery of documents or other matters to the customer or third parties, until all due and payable claims against the customer have been settled in full. fulfilled, if:
- the customer does not or does not fully comply with the obligations under the agreement.
- after the conclusion of the agreement, Caroline Leardini became aware of circumstances that give good grounds to fear that the customer will not fulfill its obligations. If there is good reason to fear that the customer will only partially or improperly comply, the suspension is only permitted insofar as the shortcoming justifies it.
- when concluding the agreement, the customer was requested to provide security for the fulfillment of his obligations under the agreement and this security is not provided or is insufficient.
- Caroline Leardini is also authorized to dissolve the agreement (or have it dissolved) if circumstances arise that are of such a nature that fulfillment of the agreement is impossible or can no longer be required according to standards of reasonableness and fairness or if other circumstances arise that are of a nature that unaltered maintenance of the agreement cannot reasonably be expected.
- If the agreement is dissolved, Caroline Leardini's claims against the customer are fully and immediately due and payable. If Caroline Leardini suspends the fulfillment of the obligations, he retains his claims under the law and the agreement.
- Caroline Leardini always reserves the right to claim compensation. The Customer is never entitled to any compensation if Caroline Leardini suspends its obligations under this article or dissolves the agreement.
Article 17: Termination/cancellation
- The agreement concluded between the customer and Caroline Leardini ends in the event of the death of the legal representative of Caroline Leardini or the customer or the liquidation or dissolution of the company of one of the parties.
- If the products and/or services to be delivered or performed by Caroline Leardini have not yet been delivered or completed at the end of the agreement, his heirs are not obliged to complete this, even if Caroline Leardini's business is continued in any way. In that case, the customer should pay the heirs the total agreed amount, less a reasonable amount, to be determined in consultation with heirs, for the part of the agreement that has not been performed.
- If the customer wishes to cancel the agreement prior to or during its implementation, he will owe Caroline Leardini compensation to be determined by Caroline Leardini. This compensation includes all costs already incurred by Caroline Leardini with regard to non-returnable materials and external costs already incurred, plus the damage suffered by her as a result of the cancellation, including the loss of profit. Caroline Leardini is entitled to fix the aforementioned compensation as follows and to charge it to the customer:
- 10% of the agreed total amount plus the costs already incurred by Caroline Leardini in case of cancellation up to 14 days before the start of the performance (preparations) by Caroline Leardini;
- 20% of the agreed total amount plus the costs already incurred by Caroline Leardini in case of cancellation within 14 days before the start of the performance (preparations) by Caroline Leardini;
- 30%-100% of the agreed total amount plus the costs already incurred by Caroline Leardini in case of cancellation from the start of the execution (preparations) by Caroline Leardini, depending on the extent to which the work has already been carried out or the stage of cancellation.
- The purchase of digital products can no longer be canceled as they are delivered immediately. The cancellation costs are therefore 100% for digital products.
- The Customer is liable to third parties for the consequences of the cancellation and will indemnify Caroline Leardini against any ensuing claims from these third parties.
- Caroline Leardini is entitled to set off all amounts already paid by the customer against the compensation or cancellation costs owed by the customer.
- If the customer wishes to reschedule the planned date of delivery, this is only possible in compelling circumstances, in consultation with and after written approval from Caroline Leardini. In the event of a possible change to the planned delivery date, the customer is obliged to reimburse Caroline Leardini for all costs already incurred, as well as to reimburse Caroline Leardini for the price difference between the agreed price on the old date and the price on the desired new date.
Article 18: Confidentiality and exclusivity
- The parties are obliged to maintain confidentiality towards third parties that are not involved in the implementation of the agreement. This confidentiality concerns all information of a confidential nature made available to them by the other party and the results obtained by processing it. This confidentiality does not apply insofar as legal or professional rules and other national or international regulations with a similar purport impose an information obligation on one of the parties, or insofar as one party has released the other party from the obligation of confidentiality.
This provision also does not prevent confidential collegial consultation within the organizations of the parties, insofar as they consider this necessary for a careful implementation of the agreement or for careful compliance with legal or professional obligations.
- Caroline Leardini is entitled to use the numerical results obtained after processing, provided that those results cannot be traced back to individual customers, for statistical or comparative purposes.
- Caroline Leardini is not entitled to use the information made available to it by the customer for a purpose other than that for which it was obtained, with the exception of the provisions of the previous paragraphs, and in the event that Caroline Leardini acts for itself in a disciplinary, civil or criminal proceedings, in which these documents may be important.
- Subject to the express prior written permission of Caroline Leardini, the customer is not permitted to publish or otherwise make available to third parties the content of advice, concepts, designs, drawings, models or other written or non-written expressions of Caroline Leardini, except insofar as this arises directly from the agreement, until an expert opinion is obtained regarding the relevant services of Caroline Leardini, the customer has a legal or professional obligation to disclose, or the customer acts on his own behalf in disciplinary, civil or criminal proceedings.
- Caroline Leardini will store the data and information that the customer provides to Caroline Leardini and Caroline Leardini collects carefully and confidentially.
- Caroline Leardini may only use the customer's personal data in the context of the performance of her delivery obligation or the handling of a complaint. Caroline Leardini is not permitted to lend, rent, sell or otherwise disclose the customer's personal data.
- When visiting Caroline Leardini's website, Caroline Leardini can collect customer information about the use of the website by means of cookies. The information that Caroline Leardini collects through cookies can be used for functional and analytical purposes.
- In the event of a violation of the confidentiality provisions, an immediately due and payable penalty will be payable by the customer to Caroline Leardini of € 10,000 per violation, without prejudice to the customer's obligation to compensate the resulting damage.
Article 19: Intellectual Property
- Caroline Leardini reserves all rights with regard to products of the mind that she uses or has used in the context of the execution of the agreement with the customer, insofar as rights can exist or be established on those products in a legal sense.
- The customer is expressly prohibited from providing, multiplying, to edit or process, or to exploit other than to obtain an expert opinion on the services of Caroline Leardini. The agreement concluded between the parties does not include any transfer or obligation to transfer an intellectual property right from Caroline Leardini to the customer.
- The intellectual property rights that Caroline Leardini uses under license may never be changed, reproduced, disclosed or exploited by the customer.
- The customer guarantees to be entitled to use the information and documents originating from the customer and indemnifies Caroline Leardini against any claim from third parties based on the violation of an intellectual property right.
- In the event of a violation of the intellectual property provisions, an immediately due and payable penalty will be payable by the customer to Caroline Leardini of € 10,000 per violation, increased by € 100 per day that the violation continues until the day it is lifted, without prejudice to the obligation of the customer to compensate the resulting damage.
Article 20: Applicable law and choice of forum
- Dutch law applies to all agreements, quotations, quotations between the customer and Caroline Leardini to which these general terms and conditions apply.
- The applicability of the Vienna Sales Convention or other applicable international laws and regulations is hereby expressly excluded.
- Any disputes between the parties will only be settled by the competent court in Amsterdam, even if the customer is located abroad. In the event of a dispute between a consumer and Caroline Leardini, the dispute can also be submitted to the competent court in the consumer's place of residence.
Terms and Conditions November 2022.