General Terms and Conditions of Donkey Designs

Article 1. Definitions

1.1 Donkey Designs: Donkey Designs, established in Haarlem and registered with the Dutch Chamber of Commerce under number 90908511.

1.2 Customer: the natural person or legal entity entering into an agreement with Donkey Designs, acting either as a private individual or in the course of a profession or business.

1.3 General Terms and Conditions: all provisions set out below.

1.4 Website: www.donkeydesigns.nl.

Article 2. Applicability and performance

2.1 These General Terms and Conditions apply to all offers, quotations, agreements and deliveries made by Donkey Designs, unless otherwise agreed in writing.

2.2 Any differing terms and conditions of the Customer shall only be binding if they have been expressly accepted in writing by Donkey Designs.

2.3 Donkey Designs is entitled to engage third parties in the performance of an agreement.

Article 3. Quotations and offers

3.1 Quotations are issued exclusively by email and remain valid for 30 days, unless stated otherwise.

3.2 Quotations are non-binding.

3.3 If the Customer provides incorrect or incomplete information, Donkey Designs reserves the right to adjust its prices and terms.

Article 4. Prices and VAT

4.1 Private customers receive prices and quotations inclusive of VAT.

4.2 Business customers receive prices and quotations exclusive of VAT, unless stated otherwise.

4.3 Obvious programming, clerical or typographical errors shall not be binding on Donkey Designs.

4.4 Any shipping costs will be clearly stated in the quotation.

Article 5. Agreement and delivery time

5.1 An agreement is concluded once the Customer has confirmed the quotation in writing.

5.2 Donkey Designs reserves the right to refuse orders containing text or designs that are discriminatory, racist, offensive or otherwise inappropriate.

5.3 Delivery times are indicative and depend on the nature of the customised work, the chosen production method and the production schedule.

5.4 The usual delivery time is between three working days and three weeks, unless otherwise agreed.

5.5 If delivery takes longer than 90 days and this delay has not been agreed with the Customer in advance, the Customer may terminate the agreement in writing, provided that production has not yet started.

5.6 Any amounts already paid will in that case be refunded within 14 days.

5.7 Upon delivery to the address provided by the Customer, the risk shall pass to the Customer.

5.8 As Donkey Designs supplies customised products, termination is no longer possible once production has started.

Article 6. Retention of title

6.1 All supplied products remain the property of Donkey Designs until full payment has been received.

Article 7. Payment

7.1 New customers are required to pay in advance, unless otherwise agreed in writing.

7.2 Where printing or embroidery is applied to clothing supplied by the Customer, payment may be made once the order is ready.

7.3 Payment must be made within the period stated on the invoice. If no payment term is stated, a payment period of 14 days shall apply.

7.4 In the event of late payment, the Customer shall owe statutory interest and any applicable collection costs.

Article 8. Liability

8.1 Donkey Designs shall only be liable for direct loss resulting from wilful misconduct or gross negligence.

8.2 To the extent that Donkey Designs is liable, its liability shall be limited to the invoiced amount of the relevant order, subject to a maximum of €500.

8.3 For consumers, this limitation shall apply only to the extent permitted under mandatory Dutch law.

8.4 Liability for indirect loss, consequential loss or loss of profit is excluded.

8.5 Any loss or damage must be reported in writing within 14 days of its discovery.

Article 9. Supplied files and intellectual property rights

9.1 The Customer guarantees that they hold the necessary rights to all supplied text, images and logos.

9.2 The Customer is responsible for the content, spelling, design and intellectual property rights relating to the supplied files.

9.3 Donkey Designs checks supplied files for technical suitability, but not for their content.

9.4 The Customer shall indemnify Donkey Designs against third-party claims arising from designs supplied by the Customer.

Article 10. Proofs and approval

10.1 Where an embroidery file is created for an embroidered logo, an embroidery sample is included.

10.2 No print proofs are provided for individual printed items.

10.3 For orders of 10 items or more, a digital proof may be provided upon request or whenever Donkey Designs considers this necessary. A physical print sample is available for orders of 50 items or more. When an embroidery file is ordered, an embroidery sample is always included.

10.4 Following approval of a proof or design, Donkey Designs shall no longer be liable for errors relating to the design, placement or text.

10.5 Changes made after approval of a proof or design may result in additional costs and an adjusted delivery time.

Article 11. Customer-supplied clothing and materials

11.1 Printing or embroidery on clothing supplied by the Customer is carried out at the Customer’s own risk.

11.2 Donkey Designs will provide honest advice in advance regarding suitability but shall not be liable for damage to items supplied by the Customer.

11.3 For caps and headwear, the machines are configured as standard for caps supplied by Donkey Designs.

11.4 For orders of 50 items or more, the machines may be reconfigured, provided that the caps fit the available cap frames and this has been agreed in advance.

Article 12. Claims and complaints

12.1 Complaints must be submitted in writing by email within two weeks of their discovery.

12.2 If a complaint is justified and the issue was caused by Donkey Designs, the relevant product will be repaired, replaced or reimbursed.

12.3 The maximum reimbursement shall be equal to the invoiced amount of the relevant product.

12.4 Submitting a complaint does not suspend the Customer’s payment obligations.

Article 13. Force majeure

13.1 In the event of force majeure, Donkey Designs shall not be required to perform its obligations or pay compensation.

13.2 Force majeure includes illness, machine breakdowns, supply problems affecting suppliers and other circumstances beyond the control of Donkey Designs.

Article 14. Final provisions

14.1 All agreements shall be governed by Dutch law.

14.2 Any disputes shall be submitted to the competent court in the Netherlands.

14.3 If any provision is found to be invalid, the remaining provisions shall remain in full force and effect.

Article 15. Use of completed work as a reference

15.1 Donkey Designs reserves the right to use completed orders for promotional purposes, including publication on its website or social media channels.

15.2 If the Customer objects to such use, they must notify Donkey Designs in writing before production begins.