Terms & Conditions

Terms & Conditions

Definitions

1.1 STICKY CLAWS: STICKY CLAWS. , situated in (1019MD) Amsterdam, at the address Levantkade 167, CoC: 86571915, VAT registration number: NL864010060B01, (hello@sticky-claws.com)

1.2 Consumer-Customer: The natural person, not acting in the exercise of a profession or business, and its representatives, agents, successors and/or heirs to whom goods are supplied or sold by STICKY CLAWS.

1.3 Customer: The natural person and or legal entity, acting in the exercise of a profession or business, and its representatives, agents, successors and/or heirs to whom goods are supplied or sold and/or services provided by STICKY CLAWS.

1.4 Agreement: The Agreement entered into between STICKY CLAWS and the Consumer-Customer and/or the Customer on the sales or the supply of goods and/or the provision of services to which these General Terms and Conditions apply.

PART I

Unless stated otherwise, the provisions of PART I of these General Terms and Conditions shall apply to both Agreements with Customers as well as Agreements with Consumer-Customers.

General

2.1 These General Terms and Conditions shall apply to all quotations, estimates, legal relationships and Agreements of and/or with STICKY CLAWS.

2.2 By placing an order, the Consumer-Customer and/or Customer agree to the General Terms and Conditions.

2.3 All quotations and estimates issued by STICKY CLAWS are obligation-free, unless STICKY CLAWS explicitly agreed otherwise in writing.

2.4 All images, specifications and/or data in STICKY CLAWS' quotations and estimates are indicative and cannot give rise to compensation or dissolution of the Agreement.

2.5 Quotations and estimates by STICKY CLAWS also do not automatically apply to repeat orders.

2.6 STICKY CLAWS reserves the right to fix obvious mistakes and/or typing errors in quotations and estimates. No liability is accepted for the consequences of such errors. STICKY CLAWS cannot be held to its quotation and/or estimate if the Consumer-Customer and/or Customer ought to have understood that the quotation and/or estimate, or any part thereof, contained an obvious mistake or typing error.

2.7 Deviations and additions to these General Terms and Conditions are valid only if expressly agreed in writing.

2.8 Any additional (oral) agreements and/or commitments made consecutively by or on behalf of STICKY CLAWS are binding only if expressly confirmed by STICKY CLAWS in writing.

2.9 The use of the Consumer-Customer and/or the Customer's own Terms and Conditions is hereby expressly rejected.

2.10 If any provision of these General Terms and Conditions should become invalid or destroyed, the other provisions of these General Terms and Conditions will remain applicable, unaltered and in full.

2.11 If the Consumer-Customer and/or the Customer should consist of more than one person or legal entity, each of these persons or legal entities shall be jointly and severally liable to STICKY CLAWS for the obligations arising from the Agreement.

2.12 STICKY CLAWS has the right to change and/or supplement these General Terms and Conditions.

2.13 The Consumer-Customer and/or the Customer is/are not entitled to transfer any right or obligation under the Agreement to third parties without STICKY CLAWS' written permission.

Establishment of the Agreement

3.1 Subject to the provisions of articles 3.3 and 3.4 of these General Terms and Conditions, the Agreement shall come into force following STICKY CLAWS' written confirmation of acceptance of the offer by the Consumer-Customer and/or Customer.

3.2 If the Consumer-Customer and/or the Customer have accepted STICKY CLAWS' offer by electronic means, STICKY CLAWS will confirm the acceptance of the offer by the Consumer-Customer and/or the Customer electronically.

3.3 STICKY CLAWS reserves the right to refuse the conclusion of the Agreement within a period of 5 working days after receipt of the acceptance by the Consumer-Customer and/or Customer without giving any reason, or to only accept under the condition that the shipment occurs after payment or COD.

3.4 STICKY CLAWS is entitled to carry out a check in case of an order in which payment will be made afterwards or by Credit card. Based on this check, STICKY CLAWS can offer an alternate payment method or refuse the conclusion of the Agreement. For larger amounts, STICKY CLAWS can subject this to the condition that the order will be sent COD. In that case, STICKY CLAWS will pay the COD charges.

3.5 If STICKY CLAWS rejects the conclusion of the Agreement on the basis of articles 3.3 and/or 3.4 of these General Terms and Conditions, the Consumer-Customer and/or Customer will not be entitled to compensation.

3.6 Should STICKY CLAWS make use of its rights under articles 3.3 and 3.4 of these General Terms and Conditions while the order has already been paid for, STICKY CLAWS will try to refund the payment through the payment method used by the Consumer-Customer and/or Customer. If this is not possible, STICKY CLAWS will contact the Consumer-Customer and/or Customer in order to refund the payment using another method.

3.7 STICKY CLAWS is entitled to carry out the Agreement in stages.

3.8 Each Agreement is entered into under the suspensive condition of sufficient availability of the relevant goods.

Prices

4.1 All prices are quoted in Euros and include VAT.

4.2 All quoted prices exclude packaging, shipping and delivery charges unless otherwise agreed in writing.

4.3 Prices are not increased within the duration of the offer unless legal measures necessitate this or the manufacturer or supplier implements interim price increases.

Payment

5.1 STICKY CLAWS is entitled to invoice immediately after the Agreement is concluded with the Consumer-Customer and/or the Customer.

5.2 Payment of (online) invoices must be made within 14 days after the invoice date in a manner indicated by STICKY CLAWS, and under the payment terms indicated by STICKY CLAWS. When Afterpay is used, the AfterPay payment terms will apply.

5.3 In the event of non-payment or late payment by the Consumer-Customer and/or Customer, STICKY CLAWS will be entitled to terminate the agreement. In that case, the Consumer-Customer and/or Customer shall not be entitled to compensation.

5.4 The Customer is not entitled to set-off or to suspend a payment.

Supply

6.1 STICKY CLAWS will deliver the purchased goods or services after the full invoice amount as well as the additional delivery costs incurred are paid to STICKY CLAWS by the Consumer-Customer and/or Customer, unless otherwise agreed.

6.2 The place of delivery is the address indicated to STICKY CLAWS by the Consumer-Customer and/or Customer.

6.3 The delivery periods indicated in the listings or on the Sticky Claws website are approximate. Therefore, no rights can be derived from these specified periods. Sticky Claws will expedite accepted Agreements with a Consumer-Customer as promptly as possible but within 30 days, unless an alternative delivery period has been agreed upon. Should the delivery be delayed or the order not fully fulfilled, the Consumer-Customer will be notified within 30 days of placing the order. In such instances, the Consumer-Customer has the right to terminate the Agreement without any penalties.

6.4 Sticky Claws bears the risk of damage and/or loss of goods until their delivery to the Consumer-Customer or a pre-designated representative made known to Sticky Claws, unless explicitly agreed otherwise.

6.5 If the Agreement is made with a Customer, the delivery will be ex-warehouse. From the delivery time onwards, the risk of damage and/or loss transfers to the Customer.

Warranty, Complaints, and Returns

7.1 Upon delivery, the Consumer-Customer and/or Customer must inspect the goods. Any incorrect, defective, or incomplete deliveries must be promptly reported in writing to Sticky Claws (before initiating a return) within 7 days of delivery. Defects or incorrectly delivered goods reported after this period will not be entertained. The returned goods must be in their original packaging, including accessories and accompanying documentation, and must be in new condition. Any use, damage post-discovery of defects, or resale after identifying defects cancels the right to complain and return the goods.

7.2 If the Agreement is with a Customer, visible defects must be reported to Sticky Claws in writing within 2 working days after delivery, failing which rights might be forfeited.

7.3 Sticky Claws' guarantee aligns with the factory guarantee period of the delivered goods. However, Sticky Claws is not liable for the ultimate suitability of the supplied goods for any specific application by the Consumer-Customer and/or Customer or for any advice regarding the use or application of the goods.

7.4 Valid complaints by the Consumer-Customer and/or Customer may result in Sticky Claws either replacing the delivered goods free of charge or reaching a written compensation agreement, capped at the invoice amount for the relevant goods. Sticky Claws' liability is within the limits of article 11 of these General Terms and Conditions.

7.5 The guarantee in article 7.4 is void if:

a) The Consumer-Customer and/or Customer has repaired and/or modified the delivered goods themselves or through third parties.

b) The goods were exposed to unusual circumstances or mishandled contrary to the instructions provided by Sticky Claws.

c) Inferiority results from government-imposed directives regarding the nature or quality of the materials used.

Retention of Ownership

9.1 All goods delivered remain the property of Sticky Claws until all amounts due by the Consumer-Customer and/or Customer for the delivered goods under the Agreement are paid in full.

9.2 Until ownership of the delivered goods passes to the Consumer-Customer and/or Customer, they cannot pledge, transfer ownership, or grant any other rights to third parties.

9.3 The Customer is allowed to sell and supply goods delivered under retention of title during normal business dealings. However, they must keep these goods separate and handle them with care, visibly marked as Sticky Claws' property.

9.4 Failure to comply with article 9.3 implies that goods of a similar kind provided by Sticky Claws are owned by Sticky Claws.

9.5 The Consumer-Customer and/or Customer must insure the delivered goods against various damages for the duration of the retention of title and provide the insurance policy to Sticky Claws upon request.

Force Majeure

10.1 In case of force majeure, Sticky Claws shall have the right to suspend all or part of its commitments under the Agreement. The Consumer-Customer and/or Customer shall not be entitled to claim compliance or compensation.

10.2 Force majeure refers to any external cause or circumstances beyond reasonable control. This includes delays or non-performance by suppliers, Internet malfunctions, electricity disruptions, email traffic issues, technological malfunctions or changes by external parties, transportation problems, strikes, government measures, supply delays, negligence by Sticky Claws' suppliers and/or manufacturers, personnel illness, equipment defects, or transportation issues, all of which specifically apply as force majeure events.

10.3 In the event of force majeure, Sticky Claws reserves the right to suspend its obligations, terminate the Agreement in whole or in part, or request modifications to enable execution. Under no circumstances shall Sticky Claws be held liable to pay fines or compensation.

10.4 If Sticky Claws has partially fulfilled its obligations at the onset of force majeure or can only partially meet its obligations, Sticky Claws has the right to invoice the already delivered or deliverable part separately. The Customer is obligated to pay this invoice as a separate Agreement, except if the part already delivered or deliverable has no independent value.

Liability

11.1 Sticky Claws' liability, including its representatives/agents, employees, and third parties engaged by Sticky Claws, shall always be limited to the amount payable under Sticky Claws' applicable liability insurance, plus the excess as per the policy terms and conditions. If benefits are not paid under the aforementioned insurance policy, Sticky Claws' liability shall be limited to the amount the Consumer-Customer and/or Customer has paid to Sticky Claws under the Agreement, or the relevant part thereof, up to a maximum of EUR 1,000.

11.2 Sticky Claws shall not be liable for indirect damages, including but not limited to consequential damages (to individuals or business), business interruption, loss of profits or revenues, lost savings, or damage due to business stagnation.

Limitations/Time Constraints

12.1 If the Agreement is made with a Customer, the statute of limitations on all claims and disputes of the Customer towards Sticky Claws shall be 3 months from the emergence of such claims and disputes. For agreements made with a Consumer-Customer, the limitation period shall be 13 months.

Administration of Details

13.1 When a Consumer-Customer and/or Customer places an order with Sticky Claws, their (personal) data is included in Sticky Claws' customer file. Sticky Claws complies with the Personal Data Protection Act (Wbp) and does not provide any personal data to third parties. Refer to our privacy policy (https://stickyclaws.com/pages/privacy-policy).

13.2 Sticky Claws respects the privacy of its website users and is responsible for the confidential treatment of personal details.

 

13.3 Sticky Claws employs a mailing list in certain instances. Each mailing includes instructions on how to remove yourself from the list.

Applicable Law and Disputes

14.1 Dutch law applies to all agreements covered by these General Terms and Conditions, either wholly or partially. The applicability of the United Nations Convention on international contracts for the sale of goods of 1980 (Vienna Sales Convention/CISG) is expressly excluded.

14.2 All disputes arising from or in connection with this Agreement will be brought before the competent court in Amsterdam unless Sticky Claws prefers to submit the dispute to the competent court of the Consumer-Customer's or the Customer's place of residence.

PART II

The provisions of PART II of these General Terms and Conditions solely pertain to Agreements with Consumer-Customers. They apply additionally to the provisions of PART I of these General Terms and Conditions. In case of any incompatibility between the provisions of PART II and Part I, the relevant provision in PART II shall prevail.

Right of Withdrawal

15.1 If a Consumer-Customer has ordered goods or services from Sticky Claws via the Internet, telephone, or by mail, the following regulations apply.

For the Supply of Products

15.2 - Right to Terminate Agreement for Products

When purchasing products, the Consumer-Customer holds the right to terminate the Agreement without specifying any reason, within a period of 14 days. This period begins on the day following the receipt of the goods by the Consumer-Customer or a representative appointed by the Consumer-Customer and notified to Sticky Claws in advance.

15.3 - Handling and Return of Goods

During this duration, the Consumer-Customer must handle the goods and packaging with care. They should only unpack or use the product as necessary to assess whether they intend to keep it. If the Consumer-Customer exercises the right of withdrawal, they are to return the product, along with all accessories and, if reasonably possible, in its original condition and packaging, to Sticky Claws in line with the reasonable and clear instructions provided.

15.4 - Notification and Return Process

To exercise the right of withdrawal, the Consumer-Customer should inform Sticky Claws within 14 days after receiving the product, using the return form (Annex 1). The Consumer-Customer must return the product within 14 days after expressing their intention to withdraw. Proof of timely return of the supplied goods, such as proof of postage, must be provided.

15.5 - Consequences of Delay in Withdrawal

If, after the lapse of the 14-day withdrawal period, the Consumer-Customer fails to indicate their intention to withdraw or neglects to return the product to Sticky Claws, the sale will be considered final.

15.6 - Liability for Goods Evaluation

The Consumer-Customer is responsible for any diminished value of the goods resulting from handling that exceeds what is necessary to determine their nature, characteristics, and operation.

For the Supply of Services

15.7 - Right to Terminate Agreement for Services

Regarding the supply of services, the Consumer-Customer holds the right to terminate the Agreement within at least fourteen days, commencing on the day of entering into the Agreement. However, this will no longer be free of charge in the last 96 hours before delivery.

15.8 - Procedure for Exercising Right of Withdrawal

To exercise the right of withdrawal for services, the Consumer-Customer must adhere to the reasonable and clear instructions provided by Sticky Claws at the time of the offer and/or latest upon delivery.

15.9 - Expenses upon Withdrawal

If the Consumer-Customer exercises the right of withdrawal, they will be responsible for covering, at most, the full cost of return, both concerning sales and services.

15.10 - Refund Policy

Upon the Consumer-Customer's withdrawal, Sticky Claws will refund the paid amount promptly but no later than 14 days after the cancellation, provided that the goods have already been received by Sticky Claws.

15.11 - Exclusions from Right of Withdrawal

Sticky Claws excludes the Consumer-Customer's right of withdrawal for goods and services detailed in paragraphs 15.10.1 and 15.10.2.

15.10.1: Exclusions for Products:

a) Products created by Sticky Claws based on the Consumer-Customer's specifications.

b) Items clearly of a personal nature.

c) Goods that cannot be returned due to their inherent nature.

d) Items susceptible to quick spoilage or aging.

e) Goods with prices that fluctuate without Sticky Claws having control over them.

f) Audio and video recordings, as well as computer software, for which the Consumer-Customer has broken the seal.

g) Hygienic products where the Consumer-Customer has broken the seal.

15.10.2: Exclusions for Services:

a) Services like holiday accommodation rental, goods transport, car rental, leisure services scheduled for a specific date or period.

b) Services of which the supply has started with the explicit consent of the Consumer-Customer before the 14-day cooling-off period expires.

c) Services related to betting and lotteries.

Consumer-Customer Cancellation Form Template

Cancellation Form Template

Only fill in and return this form if you intend to cancel the Agreement.

To:

Sticky Claws

Levantkade 167
1019MD Amsterdam

hello@sticky-claws.com

I/We () hereby inform you that I/we () wish to cancel our agreement on the sale of the following goods/supply (*) of the following service:

Ordered on ()/Received on ()

Name/Names Consumer-Customer

Address Consumer-Customer

Consumer-Customer signature