1. Introduction
1.1. These are the general buying terms and conditions of PEECHO B.V. (‘PEECHO’). These general buying terms and conditions are referred to as "Terms".
1.2. PEECHO is registered with the trade register of the Dutch Chamber of Commerce under number 34366667.
1.3. The word "Customer" is defined in these Terms as the person who purchases PEECHO’s product(s).
1.4. The word “Item(s)” is defined in these Terms as each and every printed product(s) (finished goods) specified in the order
1.5. The word Printer is defined in these Terms as an organisation that is a supplier or lead of PEECHO and/or any organisation with whom PEECHO has done or intends to do (printing) business.
2. Applicability
2.1. These Terms apply to any order placed by Customer. These Terms also apply to subsequent and additional offers, orders and agreements, and to new agreements with Customer.
2.2. When placing an order, Customer is informed that by doing so Customer accepts the Terms. Customer also accepts and agrees that all information needed for the effective completion of the order have to be provided in full and is correct. This includes Customer’s name, address and any additional information necessary for the successful delivery of the order in the country of destination. If the address is a PO box, the ordered item may not fit, which may cause a failed delivery for which PEECHO and/or Printer cannot be held responsible. In that case the Terms are available to Customer for review.
2.3. These Terms are easily electronically accessible on PEECHO’s website.
3. Formation of the agreement
3.1. Offers by PEECHO are made without obligation.
3.2. PEECHO’s offers are presented to Customer in PEECHO’s online order process, or in other ways identified by us as such, on the basis of Customer’s specific request. General offers on PEECHO’s website, in PEECHO’s emails and in promotional materials are for information purposes only and are not considered as offers.
3.3. Customer may accept PEECHO’s offer by making payment in the order process. Upon receipt of Customer’s payment, Customer’s order is placed and the agreement is formed. All orders are subject to PEECHO’s Terms.
3.4. PEECHO shall confirm receipt of Customer’s order to Customer by email immediately. Please note that this email might end up in a different email folder than your regular inbox so please check all email folders after your order.
4. Performance of the agreement and delivery
4.1. PEECHO will immediately start the performance of the agreement upon its formation by processing Customer’s order.
4.2. PEECHO’S websites contain information on estimated delivery times for each of PEECHO’s products and these may differ depending on the time of the year, as holiday seasons or other circumstances may affect the time required to process orders in PEECHO’s production facilities. Delivery terms are not to be considered fatal terms or guarantees and PEECHO can offer best efforts only to deliver the products that Customer ordered in accordance with the estimated delivery times.
4.3. In case Customer orders more than one product at once, PEECHO may ship them together in one package. In that case the longest delivery time applies.
4.4. Orders are delivered by ordinary mail or carrier.
5. Prices and payment
5.1. Prices on PEECHO’s websites, in PEECHO’s emails and in promotional materials are for information purposes only and may differ from time to time.
5.2. Prices are including VAT (when and if applicable) and excluding shipping costs and any applicable import duties, levies and taxes.
5.3. The price of Customer’s particular order and the shipping costs are shown in the order process as part of PEECHO’s offer, which Customer accepts by making payment, the final step in PEECHO’s order process. The shipping costs do not include any applicable import duties, levies and taxes, nor can PEECHO give any information about these, as they are charged by the country of Customer’s shipping address. PEECHO advises to consult Customer’s local customs office for information.
5.4. PEECHO regularly offers discount codes and promotions to PEECHO’s Customers. Specific terms and conditions apply. In case of expiration of a discount code, the regular prices apply.
5.5. PEECHO’s websites contain information about the various payment methods that are available to PEECHO’s Customers. As noted above, Customer place its order by making payment in PEECHO’s order process. Once PEECHO has received Customer’s payment, PEECHO will sent Customer a confirmation by email.
6. No right of withdrawal
6.1. As PEECHO’s products are made to the Customer's specifications or are clearly personalised, PEECHO’s Customers do not have a right of withdrawal with regard to the agreement.
7. Quality of Items
7.1. PEECHO undertakes to have Items manufactured that are of good, and acceptable quality. The packaging of the Items will be of good and sufficient quality. PEECHO represents that its services shall be performed in a good and workmanlike manner.
7.2. In the event of a breach of clause 7.1, PEECHO shall, at PEECHO’s discretion and as a sole remedy, repair or replace and deliver to Customer a nonconforming Item as part of the Customer Services.
8. Flawed items
8.1. In case of a Flawed Item, pictures of flaws must be shared with PEECHO as soon as possible after discovery of the flaw and in any case no later than within 1 month of receiving the Item, after which PEECHO investigates the flaw. PEECHO is not responsible for flaws and faults that are due to Customer (for example, without limitation, faulty uploads). In the event that the flaw can be attributed to the Printer, PEECHO shall, at its sole discretion, decide upon the action to be taken, such as having the Item reprinted and re-delivered.
9. Non-delivery
9.1. If PEECHO becomes aware of an Item not being delivered to a Customer, PEECHO shall investigate and decide, at its sole discretion, on the action to be taken. The non-delivery of an Item must be reported within 1 month after the dispatch date, meaning the business day on which an order is handed over from the printer to the shipping company.
10. Customer’s conduct
10.1. If Customer has created an account, Customer is responsible for the use of its account and guarantees that Customer or anyone who uses its account with Customer’s permission complies with the Terms. Accounts are granted to individual, named persons and may not be shared. Customer will use Customer’s own name and contact details and keep Customer’s password strictly confidential. If Customer expects Customer’s account has been used without Customer’s permission, please notify us immediately.
10.2. If applicable, Customer guarantees that by processing Customer’s order and performing the agreement, PEECHO is not violating any third party rights or laws.
10.3. To the maximum extent permitted by law Customer will indemnify, defend and hold harmless PEECHO from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with any claim arising from or relating to Customer’s breach or alleged breach of the Terms.
10.4. PEECHO has the right to cancel the agreement, suspend or terminate Customer’s account and notify the relevant authorities in case Customer acts in violation of the Terms or PEECHO has serious reason to believe this is the case. PEECHO is not liable for any damage that is the result of this.
11. Availability of PEECHO’s services
11.1. PEECHO aims to keep all of PEECHO’s services available to Customer on a continual basis, but maintenance work, security updates, or events or disruptions beyond PEECHO’s control may disrupt PEECHO’s services or Customer’s account during times. PEECHO cannot be held liable for any loss or damage arising in connection with such disruptions.
11.2. To the maximum extent permitted by law, PEECHO’s websites and other services are offered on an "as is" and "as available" basis without any warranty. PEECHO may make changes to PEECHO’s services from time to time.
12. Intellectual property rights
12.1. All intellectual property rights, including but not limited to copyrights, neighboring rights, database rights, design rights, trademark rights, trade name rights, trade secret rights and patent rights on and regarding PEECHO’s website and PEECHO’s services, including the know-how related thereto, are owned by PEECHO.
12.2. Customer has a non-exclusive, non-transferable limited license, without the right to sublicense, to access and use PEECHO’s services solely as is necessary to benefit from PEECHO’s services. Customer is not permitted to reproduce, modify, or make available to the public any part of PEECHO’s services, unless as is permitted under mandatory law.
12.3. PEECHO is allowed to take technical measures to protect intellectual property rights. Customer shall not remove, avoid or bypass this security or have any third party do so.
13. Privacy
13.1. PEECHO is committed to protecting Customer’s personal data. PEECHO processes personal data of PEECHO’s Customers in compliance with the EU General Data Protection Regulation (GDPR). Please read PEECHO’s privacy policy for more information on PEECHO’s personal data processing.
14. Liability
14.1. Nothing in the Terms excludes or limits PEECHO’s liability for any matter in respect of which it would be unlawful for us to exclude or restrict PEECHO’s liability. This may include (without limitation, depending on Customer’s country of residence): (i) death or personal injury caused by PEECHO’s negligence; and (ii) fraud or fraudulent misrepresentation.
14.2. To the maximum extent permitted by law, PEECHO’s liability is limited to damages that are the direct and immediate result of a breach of PEECHO’s obligations or unlawful act by us. This means PEECHO is not liable, among other types of damages, for indirect or consequential damages such as those in the form of:(a) loss of turnover;(b) loss of profit;(c) interruption of business; and(d) damage claims of third parties.
14.3. PEECHO is also not liable for loss of data or damage to data.
14.4. PEECHO’s total liability is at all times limited the amount paid by Customer in the three (3) months previous to the month in which the event causing the direct damage occurred (ex VAT), in which case cohesive events will be considered to be one (1) event. In no event shall the total amount for compensation be more that EUR 10.000,- (ex VAT).
15. Applicable law and competent court
15.1. The legal relationship between us and Customer is exclusively governed by the laws of The Netherlands. The applicability of the Vienna Sales Convention is excluded.
15.2. Any dispute (contractual and non-contractual) between PEECHO and Customer will be exclusively submitted to the competent court in Amsterdam, The Netherlands.
16. Other provisions
16.1. Should a provision of these Terms become partially or fully ineffective, the other provisions shall remain unaffected. The ineffective provision is, in such a case, considered to be replaced by a provision that is effective and differs as little as possible from the content and scope of the original provision.
16.2. The Terms may be changed or updated at any time. Customer can always find the most recent version on PEECHO’s websites. Each order is subject to the version of the Terms applicable at the time of the order.
16.3. The legal relationship between Customer and PEECHO and Customer’s rights and obligations under the agreement cannot be transferred without PEECHO’s prior written consent.
