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Términos y Condiciones
We are 12linkme.com (12linkme), the new generation of promotional advertising. As a creative powerhouse, 12linkme strengthens all special online content of you as a Customer and Visitor in the real world with high-profile Promotions. Together with you we will make beautiful things.
Before we start, you need to know a few things. We have listed our most important rules of the game for you. They are part of our terms and conditions which can be found below.
Do you have questions about our game rules or general terms and conditions? Let us know. Send a message to [email protected] or call +31 85 30 333 70. We love real mail (that is of course also printed matter), so please send a letter to Tongerlostraat 35, 5976 NC in Sevenum, The Netherlands.
Our Chamber of Commerce number is 280 930 61.
- We provide promotional printing (Promotions) and creative services that go with it. We offer you an online platform (a website) where you can arrange a lot yourself. If you cannot find a solution, we are ready to support you.
If we are going to make beautiful things together then you are our Customer, indeed with a capital letter. This is what we'll do for you:
- We monitor and assist with the technical aspects of your Assignment, but our Designers are not ultimately responsible for sharpness, typos, look & feel and other taste-related matters, that's your obligation as a Customer.
- We guarantee top quality Promotions and we want you to achieve your goal as a Customer with your order.
- We arrange the transport of all your new Promotions to an address in Spain, or according to the extra shipping costs abroad. We give the delivery time as clearly as possible and we will make every effort to deliver within the specified time to the address provided by you. Correct setup of shipping details is your responsibility as a Customer .
- We sometimes work with third parties for all of the above.
This is what you as a Customer can do to receive the most high-profile Promotions:
- Promotion is precision work. The level at which you describe your desired Promotional Design for an "Original" or "Ask us more!" Design is important for a good and fast end result.
- Realize that Promotions always look slightly different than on a digital screen or when you print it yourself. Even if you have Promotions printed at different times, such as a repeat order, it can look different.
- Try to submit an Assignment in one go. We sometimes have to charge extra work for many changes.
- Check whether your desired Assignment, Design or Layout does not infringe the (intellectual property) rights of others.
- Please check the Promotions thoroughly upon delivery and contact us immediately if you are dissatisfied with our Customer Service.
Important to know:
- When our Printers or Presses are running, you cannot cancel or change a Job. We always tell you via email when an Assignment goes into production.
- That when you use 12linkme creative services or websites, we always have the right to use offered materials, photos, videos and end products in our communication and marketing, regardless of who has the ultimate intellectual property rights.
- We would appreciate it if you pay on time, very neat right? This is within 14 days after we have sent the invoice.
- Let's not hope, but it can happen that a dispute arises. We are happy to solve this without lawyers and judges. We are open to business mediation and other forms of out-of-court conflict resolution. If that does not work, the judge in Amsterdam has exclusive jurisdiction to assess the dispute.
- We strive for the best result for you. If we have nevertheless made a mistake, we will correct it in accordance with the provisions in the general terms and conditions. There you can also read when we can acknowledge liability and to what amount we will reimburse you.
In short, these are our rules of the game, but there is more. It's a 'must': below you can read our terms and conditions,
General terms and conditions
De small caps
1. These are our comprehensive rules, known as General Terms and Conditions (Terms). Here we will go into the details of the game rules. Our service provision is complex, no matter how easy we try to make it.
2. These Terms are in addition to the Rules above, but in the unlikely event that they conflict, the Terms will prevail.
3. We can change the Terms. The amended Terms and Conditions apply to new assignments from the moment they are published on our website. In case of major changes, we will notify you of the changes.
- Some concepts and terms
1. Promotions include print, print on any media and raw print.
2. Services are all services we offer around Promotions such as Hosting and Design.
3. Agreement: if you give us an assignment and we accept the assignment, then it is an agreement. These Terms apply to any Agreement.
4. Agreement: all agreements between 12linkme and the Customer regarding the delivery of Promotions and / or the provision of Services, as well as every assignment that the Customer provides to 12linkme, as well as all (legal) acts related to one or the other. .
5. Specifications: the technical and functional specifications for the Promotions as described on our website 12linkme.
1. The Customer places an order via our platform 12linkme or via an API offered by 12linkme. This also includes the offers that are issued. The Agreement is concluded after confirmation of the Assignment by 12linkme.
2. Assignments placed by the Client are irrevocable, unless stated otherwise.
3. An order must be placed according to the instructions as shown on our platform 12linkme. 12linkme does not have to accept a shipment that has not been sent according to the Specifications and procedure.
4. Errors, deviations or malfunctions that occur when sending the layout (electronically) are the sole risk of the Client.
5. 12Linkme performs an (automatic) check after the formatted files have been sent or approved by the customer. During this check, 12linkme checks whether the files sent meet the technical requirements (delivery specifications) for printing. 12linkme does not check whether a file contains errors in design, text or color or is insufficiently sharp.
6. The Customer takes into account that the color of printed matter after production may deviate from the colors of other printed matter, formatted files, colors on the screen or files printed himself. A deviation to a certain extent does not entitle the Client to shortcomings.
7. If the Customer discovers a deviation in the format or quality after delivery of the Promotions, he cannot make any claim due to shortcoming.
1. The Customer can only cancel the Agreement by sending a written notice (including by e-mail) of cancellation to 12linkme or by calling +31 85 30 333 70. The cancellation only takes effect after the cancellation notice has been received in writing by 12linkme is confirmed.
2. Customer can no longer cancel the order after 12linkme has sent the status message 'In production'.
3. In the event of cancellation, the Client owes 12linkme an amount of € 45.00. If the actual costs incurred by 12linkme up to that point amount to more than € 45.00, the Client will owe these costs incurred by 12linkme to 12linkme.
1. Prices and rates are displayed on our platform 12linkme. Prices and rates are based on performance during normal working hours.
2. If 12linkme has taken on packaging, shipping or insurance of the Promotions without explicitly agreeing on a price in writing, it is entitled to charge the Customer the actual costs and / or the usual rates at 12linkme.
3. Activities that are not mentioned in the quotation o the specifications are not covered by the Agreement and may have a price-increasing effect.
4. If after the conclusion of the Agreement, but before the assignment has been fully executed, prices or rates change as a result of an increase in the cost factors, 12linkme is entitled to adjust the agreed prices and rates.
- Billing and payment
1. The customer can pay in advance or after sending the invoice via our (online) payment options. 12linkme may charge costs when opting for payment afterwards.
2. Payment of invoices by the Client must take place within fourteen (14) days after the invoice date in accordance with the manner indicated on the invoice, unless otherwise agreed. Customer is in default by the mere expiry of this payment term; a summons and / or notice of default is not required for this.
3. If the Promotion includes a (Live Pack) subscription and the Customer has opted for this, this subscription will automatically be renewed periodically. The Customer can cancel a subscription at any time via e-mail or Whatsapp. The customer will receive a confirmation of this by e-mail from 12linkme. The cancellation for a certain subscription period is only valid if it is canceled 1 week before the end of the subscription period in the above manner.
Every 12linkme subscription includes a free month (Live Pack) as standard. The free month starts automatically 1 week after placing the Assignment by the customer via 12linkme.
4. 12linkme is entitled at any time to require advance payment of an invoice amount or any other financial security before commencing or continuing with the implementation of the Agreement.
5. All payments will be made without any deduction or set-off. Customer is not entitled to suspend payment obligations.
6. In the absence of timely payment of the invoice amount or part thereof, the Customer owes the statutory commercial interest (Article 6: 119a BW) on the invoice amount from the due date until the day of full payment to 12linkme for each month or each part of a month. exceeding the expiry date. If 12linkme has to proceed to collection of the amount due as a result of non-compliance with the payment conditions, both the judicial and extrajudicial collection costs are entirely at the expense of the Client. 7. The payments made by the Client always first serve to repay all interest and costs owed and then for the longest due and payable invoices, even if the Client states that the payment relates to a later invoice. 8. In the event that the financial position of the Client changes during the execution of the Agreement, 12linkme has the right to refrain in whole or in part from further execution of the Agreement or to change the payment conditions.
9. Additional costs may be associated with the promotional tools that 12linkme provides you. In some countries and municipalities, for example the municipality of Amsterdam in the Netherlands, it is customary to levy so-called sufferance tax or advertising tax on For Sale signs that hang on facades. If this tax is accidentally assigned to 12linkme and not directly to the Customer, this tax will at all times be passed on to you as a Customer based on the actual costs.
1. Delivery anywere abroad takes place according to the specified delivery time, via appropriate transport on behalf of 12linkme. In addition, the Promotions are packaged in a conventional manner. 2. Linkme is authorized to make partial deliveries and, in connection therewith, to send partial invoices.
3. Delivery times stated are approximate, there is no strict deadline. 12linkme is therefore only in default after the Client has given it notice of default and has given it a reasonable term to deliver the Promotions. The delivery period starts after the conclusion of the Agreement and at the moment that all information necessary for the execution of the Agreement is in the possession of 12linkme.
4. The Client is obliged to purchase the agreed promotions from 12linkme at the agreed location and at the agreed time of delivery. If, through no fault of 12linkme, delivery cannot take place at the agreed place and / or the agreed time, 12linkme will offer the Promotions one more time free of charge. If the delivery fails again, 12linkme will store the Promotions for a maximum of 30 days at the expense and risk of the Client. If the Customer has not collected the Promotions after 30 days, 12linkme will destroy the Promotions or have them destroyed. In that case, too, the customer still owes the invoiced amount.
5. If the Customer is in arrears in paying any invoice, 12linkme is entitled to store the Promotions at the expense and risk of the Customer and to postpone the (first) delivery until all overdue invoices have been paid.
- Carrying out the Agreement
1. 12linkme makes every effort to perform the Agreement carefully and properly.
2. 12linkme is entitled to engage third parties for the implementation of the Agreement.
3. The customer guarantees the correctness, completeness and reliability of the information provided by him, even if it originates from third parties.
4. If information necessary for the execution of the Agreement is not available to 12linkme, not timely, not correct and incomplete or not in accordance with the agreements, or if the Customer does not fulfill its obligations in some other way, 12linkme has the right to cancel the execution of the Agreement. and to charge the resulting costs in accordance with its usual rates.
5. If, after a written reminder from 12linkme, the Customer supplies unnecessary information or otherwise fails to fulfill its obligations, 12linkme is entitled to terminate the Agreement with immediate effect and without any obligation to pay any form of compensation.
6. 12Linkme is not liable for damage caused by 12linkme based on incorrect and / or incomplete data and information provided by the Client.
7. If the work is delayed due to circumstances that are at the risk of the Client, the Client must compensate the damage resulting therefrom for 12linkme if this can be attributed to the Client.
8. The Client only derives claims from the Agreement with regard to 12linkme and the Client waives the right to notify the (legal) persons who are or were involved in any way in the performance of the Agreement concluded by the Client with 12linkme or for whose acts or omissions 12linkme could otherwise be liable (“Beneficiaries”) in tort or on any legal basis. Articles 7: 404 (which provides a regulation in case an assignment is intended to be carried out by a specific person), 7: 407 paragraph 2 (which establishes joint and several liability in the event that two or more persons have an assignment is given) and 7: 409 (stipulating that if an assignment is given with a view to a specific person, it ends by his death) of the Civil Code, do not apply. Insofar as necessary, the provisions of this Article 8 apply as a third-party clause within the meaning of Article 6: 253 of the Dutch Civil Code for the benefit of the Beneficiaries, which clause is already accepted by 12linkme on behalf of the Beneficiaries for then.
- Additional work
1. All changes in contracted work are, when more costs arise from this, as additional work.
2. Additional work will be settled in fairness, irrespective of the obligation to pay the principal sum. Additional work is understood to mean all activities and materials used not included in the quotation.
- Intellectual Property Rights
1. In all cases below up to and including 4. of a Design assignment in the context of an 'Original' or 'Ask us more!' design, the Customer becomes the intellectual owner of his own 12linkme promotional design. The Customer can do whatever he wants with it. However, 12linkme always retains the copyright and right of publication on any design, checked, improved or completed by our 12linkme Designers, for example to publish on its own communication channels.
2. All rights to the 12linkme name or internet domain name used by you for your Promotion remain the property of 12linkme and affiliated parties such as Onroerendgoedpromotie.nl. The 12linkme word and figurative marks used are registered and thus protected property of 12linkme and / or a third party, unless stated otherwise. You are not allowed to use these brands in any way without the prior written permission of 12linkme.
2. When the Client uses the (Design) Services of 12linkme for the Client's own design, all intellectual property rights that arise remain exclusively with the Client. Even if 12linkme in this case performs actions on behalf of the Promotions, such as cropping or cutting Promotions, all intellectual property rights that arise remain exclusively with the Customer. Intellectual property rights include all worldwide copyrights, neighboring rights, personality rights, trademark rights, design rights, database rights and (claims to) patent rights that rest on the ideas, designs, communication expressions, drawings, images, sketches, research, analyzes, materials, data, results, conclusions and all other objects eligible for intellectual property and Promotions.
3. In the event that the Customer uses the (Design) Services of 12linkme for an 'Original' or 'Ask us more!' design based on the Customer's own design, the Customer guarantees to 12linkme that the styling and layout of the printed matter determined by the Customer does not infringe the rights of third parties, explicitly including the copyright of third parties. The Customer indemnifies 12linkme against all damage and loss that 12linkme suffers if the Promotions infringe the rights of third parties. The customer indemnifies 12linkme against claims from third parties in connection with any infringement.
4. In the event that the Client uses the (Design) Services of 12linkme for its own 'Original' or 'Ask us more!' design of the Customer, all intellectual property rights that arise are also vested in 12linkme. 12Linkme is in this case fully and exclusively entitled to these rights. As stated above, the Client is co-intellectual owner. In this paragraph, “designs” is understood to mean, among other things: designs, images, drawings, models, texts and text proposals provided by 12linkme.
5. In addition, all intellectual property rights rest solely with 12linkme in the event of co-creations created with input from the Customer for the purpose of, among other things, improving 12linkme's features and tools.
- Transfer of risk and retention of title
1. Transfer of risk takes place at the moment that 12linkme offers the Promotions for delivery in accordance with the Agreement in accordance with Article 7.1, even if the Client does not purchase them for whatever reason.
2. All Promotions delivered by 12linkme remain the property of 12linkme until the moment the Customer has fulfilled all his obligations with regard to 12linkme.
3. Promotions that are subject to the retention of title of 12linkme must be kept separate by the Customer from other matters and must be identifiable and may not be (i) alienated and / or (ii) encumbered by the Customer without the prior written consent of 12linkme.
4 . If the Customer does not fulfill his payment obligations towards 12linkme or gives reason to believe that he will not fulfill his payment obligations in whole or in part, then the Customer is obliged to immediately return the Promotions to 12linkme at his own expense at 12linkme's first request.
1. Customer is obliged to inspect the Promotions immediately after delivery. Complaints with regard to visible defects must be made accurately and sufficiently described in writing to 12linkme within eight (8) days after delivery, failing which any claim of the Customer with regard to 12linkme will lapse. Hidden defects must be notified to 12linkme by the Customer within eight (8) days after they have been discovered or should reasonably have been discovered, but within three (3) months at the latest in writing and accurately and sufficiently described, in the absence of which any claim has been made. of the Customer with regard to 12linkme expires. At the request of 12linkme, the At the request of 12linkme, the Customer is obliged to send a photo, proof copy or the complete order for the complaint handling.
1. 12Linkme will deliver the Promotions with the Specifications as stated in the order confirmation, taking into account that which is stipulated in these general terms and conditions.
2. If the Customer invokes the warranty and this is justified, 12linkme will at its choice:
a. Replace the Promotions with a reprint of the original file, unless the original file needs to be replaced for technical reasons;
b. Offer an appropriate compensation for the purchase price.
3. Return costs for promotions that do not meet the Specifications or that are defective are paid by 12linkme. The Customer will observe instructions for transport.
4. Promotions that do not comply with the Specifications or which are defective will become the property of 12linkme as soon as it is replaced or reimbursed for it.
5. 12Linkme only guarantees that the Promotions are suitable for the purpose for which they are intended. If the Promotions are used for a different, general or special purpose, 12linkme makes no warranty as to the suitability for the purpose for the relevant Promotions. It does not matter whether Linkme was aware of this goal. 6. No warranty obligation exists for the materials and / or parts prescribed by the Client or for material or share in the work supplied by the Client or on its behalf by third parties.
7. If it is determined that the returned Promotions are not defective and meet the Specifications, the Customer must pay the price of the Promotions plus the associated costs for transport and handling.
8. 12Linkme has no obligations on the basis of the guarantee if it appears that the Promotions have been used or stored incorrectly, contrary to the instructions given by 12linkme and / or not correctly.
9. Subject to the applicable mandatory legal provisions, the warranty as set out in this Article 13 applies only directly to Customer and not to its customers, agents or representatives and supersedes all other warranties, whether express or implied.
1. The total liability of 12linkme in connection with an attributable shortcoming in the performance of the Agreement, tort or any legal ground whatsoever is (cumulatively) limited to the amount that is paid out in the relevant case under the liability insurance taken out by 12linkme, increased. with the amount of the deductible that, according to the policy conditions, is not borne by the insurers. If, for whatever reason, no payment is made under the said insurance, any liability of 12linkme is limited to the net invoice amount of the goods delivered under the Agreement with a maximum of EUR 10,000.00.
2. 12Linkme is not involved in the actual contacts between Customer and third parties through its promotions. The information offered by the Customer through a Promotion is not checked by 12linkme. Customer as 'seller' of information, products and services and any 'buyer' as third party are always responsible for the information, transactions and their actions provided through the Promotion on the internet and in general. The customer indemnifies 12linkme in the event of disagreements with and or between one or more visitors and / or customers, against claims for damages, claims and damage (actual and possible) of any nature, attributable or not attributable, expected and not expected, known and not known, arising out of or in relation to the dispute.
3. 12Linkme is not liable for consequential and / or indirect damage, including but not limited to lost sales and / or profit, lost savings, reputation damage, reduced goodwill and loss of data.
4. Any claim of the Customer for compensation must be submitted by him within thirty (30) days after the date of the event underlying the claim. Damage that is not notified to 12linkme within that period is not eligible for compensation.
5. All claims of the Client will lapse if they have not been brought before the competent court within one (1) year after the Client or the third party respectively was aware or could reasonably have been aware of the facts on which he bases his claim.
6. The provisions of Article 13 and this Article 14 of these Terms and Conditions include the full liability of 12linkme and its affiliated companies in connection with the defective or non-compliant Promotions.
7. The Client indemnifies 12linkme against claims from third parties that are related to the performance of the Agreement and which suffer damage that can be attributed to the Client.
8. The Visitor and / or Customer is not allowed to use the systems and Promotions of 12linkme for punishable behavior. Such as, but not limited to, violating copyrights or spreading offensive or pornographic material, making statements prohibited by law, or entering computer systems without permission.
- Force majeure
1. Neither Party is obliged to fulfill any obligation if prevented from doing so as a result of force majeure. The foregoing does not affect the obligation of the Parties to try to prevent and avoid situations of force majeure as much as possible.
2. Force majeure is understood to mean any event or circumstance, whether or not foreseeable at the time of entering into the Agreement which, according to standards of reasonableness, escape the influence of the Party and as a result of which it is not reasonably possible to demand fulfillment of its obligations. such as, but not limited to: strike, business failure, interruptions in the production process, malfunction or defects in the Internet, power failure, business occupation and force majeure of suppliers.
3. In the event of force majeure, the Parties are authorized, without judicial intervention, without any liability for any resulting damage towards the Client, to suspend the performance of the Agreement, or if 12linkme reasonably expects the delay to extend over a period of time of six (6) consecutive months, to dissolve the Agreement in whole or in part.
4. If 12linkme has already partially fulfilled its obligations at the onset of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already performed or executable part separately.
1. Without prejudice to any rights and remedies which 12linkme may have or are available to 12linkme by virtue of the Agreement or the law, 12linkme is entitled to terminate the Agreement or any part thereof, by means of a written notification to the Customer with immediate effect. terminate without any liability to Customer, if:
a. The Client does not, not timely or not properly fulfill an obligation under the Agreement and fails to remedy such a shortcoming within fourteen (14) days after written notice of default;
b. any proceedings regarding insolvency, bankruptcy (including reorganization), liquidation or dissolution is initiated with respect to Client (even if such proceedings are initiated voluntarily or involuntarily by Client), Client is placed under a trustee or administrator or a transfer takes place on behalf of Client's creditors or Client ceases to operate;
c. the Debt Restructuring Natural Persons Act is declared applicable to the Client;
d. Customer dies;
e. a change in control occurs on the part of the Client; or
f. The Client is confronted with an attachment that may hinder the performance and fulfillment of the Agreement or otherwise lose access to its assets.
2. Obligations which by their nature are intended to continue even after termination or dissolution of the Agreement, will then continue to exist. In all cases referred to in 16.1, any claim that 12linkme has against the Client is immediately due and payable.
1. 12Linkme and the Client will ensure that all information that they receive from each other and that they know or should know is confidential in nature, is kept secret.
2. Subject to the prior written consent of the other Party, the Parties will not make the confidential information available to them available to third parties and will only disclose it to its personnel insofar as this is necessary for the performance of the agreed performance and the same confidentiality obligations become of them. stipulated.
The Client is not entitled to transfer his rights and obligations under an Agreement to third parties without the prior written consent of 12linkme.
- Deviations / Invalidity
1. Deviations from, changes and / or additions to these Conditions or the Agreements only apply if and insofar as 12linkme has explicitly accepted them in writing and only apply to the specific Agreement for which they have been agreed. In the event of a conflict between a written provision in the Agreement and a provision in these Terms and Conditions, the provision in the Agreement will prevail.
2. If one or more of the provisions in these Terms and Conditions are or should be nullified, the other provisions of these Terms and Conditions will remain fully applicable. 12linkme and the Client will then enter into consultation in order to agree on new provisions to replace the invalid or nullified provisions, whereby if and as far as possible the purpose and purport of the original provision will be taken into account.
- Governing Law; competent court
1. All Agreements concluded with 12linkme, of which these Terms and Conditions are a part or in whole, are governed by Dutch law.
2. The applicability of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (“Vienna Sales Convention”) is expressly excluded by the Parties.
3. Disputes will be submitted exclusively to the judge of the District Court of Noord-Holland, hearing location Amsterdam, The Netherlands.