Terms of service

Article 15: Performance of the Agreement and Warranty 

Article 16: Complaints Procedure 

Article 17: Additional or Deviating Provisions 

Article 18: Liability 

Article 19: Intellectual Property Rights 

Article 1: Definitions 
If a word or term used in these general terms and conditions is unclear to the reader, the reader should consult the definitions below to avoid misunderstandings. If a word or term is not specifically defined, the reader may contact the trader for further clarification. 
 
1. Trader: 
The trader means: The Packaging Plant B.V., as stated in Article 2. 
 
2. Buyer: 
The buyer means: any natural person or legal entity acting in the course of a profession or business who enters into an agreement with the trader. 
 
3. Agreement: 
The agreement means: an agreement between the trader and the buyer, setting out arrangements for the performance of a service or the delivery of products. Confirmation of an agreement is governed by Article 5. 
 
4. Right of Return: 
The right of return means: the right of the buyer to dissolve the agreement with the trader within the reflection period without giving reasons, as further specified in Article 8. 
 
5. Day(s): 
A "day" or a number of "days" means: calendar day(s), including weekends and public holidays. 
 
6. Services and digital content without a tangible medium: 
Services and digital content means: intangible services (for example, machine repair) or digital content that is not supplied on a physical medium (such as a CD or USB stick). 
 
7. Public auction: 
A public auction means: a public sales method whereby products, goods or services are offered by the trader to buyers who are present in person or via an electronic system, under the direction of an auctioneer, whereby the buyer obtains the product following a successful bid. 
 
8. Sample: 
A sample, also referred to as a specimen or swatch, means: a copy or portion of a product that serves solely as an indication of the nature, quality, colour or other characteristics of the final product. 
 
9. Continuing transactions: 
Continuing transaction(s) means: an agreement between the trader and the buyer aimed at the regular supply of products or services over a fixed or indefinite period. 
 
10. (Commercial) warranty: 
A (commercial) warranty means: an additional undertaking offered by the trader, manufacturer or importer on top of the statutory warranty, guaranteeing that the delivered product will retain certain properties or continue to function for a specified period. The commercial warranty does not affect the statutory rights of the buyer. 

Article 2: Identity of the Trader 
 
The Packaging Plant B.V. is a trade name of S&L Group B.V. In these terms and conditions, "The Packaging Plant B.V." or "we" refers to: S&L Group B.V. trading under the name The Packaging Plant B.V. 
 
Visiting address: Lorentzlaan 21, 3401MX IJsselstein, the Netherlands. 
Email address: info@deverpakkingsfabriek.com 
Phone number: +31 6 17 13 60 99 or +31 6 17 59 32 50 
Chamber of Commerce number: 97016616 
VAT identification number: NL867875793B01 
 
S&L Group B.V. is established in the Netherlands. Dutch law applies exclusively to all agreements to which these general terms and conditions apply, unless expressly agreed otherwise. All communication and documentation is provided in Dutch and/or English. No licensing scheme or professional regulation applies to the activities of S&L Group B.V. 
 
For questions, complaints or information, please contact us via the details above. 

Article 3: Applicability of the General Terms and Conditions 
 
1. These general terms and conditions apply to every offer made by the trader and to every agreement between the trader and the buyer, provided that these terms and conditions have been lawfully declared applicable prior to or at the time of concluding the agreement and the buyer has been given a reasonable opportunity to take note of their content. 
 
2. If specific product or service conditions also apply in addition to these general terms and conditions, both sets of conditions shall apply. In the event of any conflict between these conditions, the provisions of the product or service conditions shall prevail. 
 
3. Before any distance agreement is concluded, the general terms and conditions shall be made available to the buyer in such a way that the buyer can easily save them on a durable medium and consult them at a later time. If this is not possible, the trader shall clearly inform the buyer of where the general terms and conditions can be consulted and obtained. In addition, the buyer has the right to receive the applicable general terms and conditions free of charge by email. 
 
 

Article 4: Privacy & Personal Data 

1. The trader processes personal data of buyers in accordance with applicable laws and regulations, including the General Data Protection Regulation (GDPR). 
 
2. The processing of personal data takes place for purposes including the performance of the agreement, administration, customer service and compliance with legal obligations. 
 
3. The purposes of processing, the categories of personal data, the retention periods, the security measures and the rights of data subjects are set out in the privacy statement of The Packaging Plant B.V., which can be consulted via the website. 
 
4. The trader shall not retain personal data longer than is necessary for the aforementioned purposes and for as long as permitted by law. 

Article 5: Agreement 
 
1. An agreement between the trader and the buyer is concluded at the moment the trader confirms the order by means of an order confirmation. In the case of a telephone or in-person request, the trader shall always send a confirmation by email to the buyer. The buyer has the right to cancel the agreement free of charge within 12 hours of confirmation. The trader is entitled to cancel an agreement if there is a manifest mistake or obvious error in the offer (such as an evident pricing or product error) which the buyer could reasonably have understood to be incorrect. In that case, any amount paid by the buyer shall be refunded without delay. After the expiry of the 12-hour period, the trader may, at its own discretion, still grant the buyer the right to cancel free of charge. 
 
2. Confirmation of an agreement by the trader may only take place after the buyer has given their consent. Without the consent of the buyer, the trader is not permitted to confirm the agreement. 

Article 6: The Offer 
 
1. Every offer made by the trader has a validity period of 30 days, commencing at the moment the offer is sent to the buyer. If a different validity period applies to an offer, the trader must state this specifically in the offer. 
 
2. Every offer contains a clear and complete description of the products, services or digital content offered without a tangible medium. The trader ensures that the description is sufficiently detailed for the buyer to properly assess the offer. Where the trader uses images with the offer, these provide a truthful representation of the products, services or digital content offered. Manifest typing, spelling or other errors and inaccuracies in the offer are reserved. 

3. Unless specifically stated otherwise, the general terms and conditions apply to every offer made by the trader. In the event that other conditions apply to an offer made by the trader instead of these general terms and conditions, this must be clearly stated. 
 

Article 7: The Price 
 
1. Unless stated otherwise, all prices stated on the website, in the webshop or in an offer by the trader are exclusive of VAT. The VAT due shall be added to the price and must be paid by the buyer. During the validity period of an offer, the prices of the products, services or digital content offered shall not be increased, except for price changes resulting from changes or other statutory provisions as referred to in paragraph 2. 
 
2. The trader reserves the right to implement price changes during the validity period of an offer in the following cases: 

a. As a result of changes in VAT rates. In that case, the trader is entitled to adjust prices accordingly. 

b. As a result of fluctuations in the financial market over which the trader has no influence. In that case, the trader may apply indicative or variable prices, provided this is clearly stated in the offer and the buyer expressly agrees to this. 

3. Price increases within two months of the conclusion of the agreement are only permitted if they are the direct result of statutory regulations or provisions. If the price increase results from such statutory regulations or provisions, the buyer retains the right to dissolve the agreement with immediate effect. 

Article 8: Payment 
 
1. When selling products to the buyer, the trader retains the right to require advance payment by the buyer in the general terms and conditions. When advance payment has been stipulated, the buyer cannot derive any rights from the execution of the order until the stipulated payment has been received in the bank account specified by the trader. Unless otherwise agreed between the trader and the buyer, every order on the The Packaging Plant website must be paid in advance. 
 
2. Unless otherwise stipulated in an agreement between the trader and the buyer or in supplementary conditions, a payment term of no more than 14 days applies to amounts due. The payment term commences at the moment the product(s) have been delivered to the buyer. The buyer is obliged to notify the trader immediately of any inaccuracies in the payment details provided. 
 
3. If the buyer fails to meet their payment obligation(s) on time, the trader shall notify the buyer in writing of the late payment and grant a period of 7 days to still make payment. If payment remains outstanding after this period, the buyer shall owe statutory interest on the outstanding amount. In addition, the trader is entitled to charge the extrajudicial collection costs incurred, in accordance with the Dutch Extrajudicial Collection Costs Decree. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500, 10% on the next €2,500, 5% on the next €5,000, 1% on the next €190,000 and 0.5% on the remaining amount. These collection costs only apply to amounts above the minimum of €40. The trader reserves the right to deviate from the amounts and percentages stated in these terms and conditions in favour of the buyer. 

Article 9: Right of Return 
 
1. The buyer has no statutory right of withdrawal. Returns are only possible with prior written consent of the trader and subject to the conditions set by the trader. The trader may attach conditions to a return, including: (i) notification of the return within a specified period after delivery, (ii) unused and undamaged condition of the goods, (iii) original packaging, and (iv) reimbursement of transport and/or handling costs. Without written consent of the trader, no right to return or credit exists. The trader retains the right to ask for the reason for the return, but the buyer is not obliged to state their reason(s). 
 
 
Article 10: Exercise of the Right of Return by the Buyer 
 
1. If the trader has granted permission for a return, the buyer must confirm this by email to the email address stated in Article 2, quoting the order number and reason. The buyer must also submit a fully completed returns form, as specified on the "Returns" page. If the buyer is unable to find or download the returns form, they retain the right to receive it free of charge from the trader.  
 
2. Once the buyer has followed the steps referred to in paragraph 1, the return period commences. The buyer must then return the product to the trader or hand it over to an authorised representative of the trader as soon as possible, but no later than 14 days. If any delay occurs in returning the product(s), the buyer must notify the trader without delay. The manner in which the product(s) must be returned is further explained in paragraph 3. If the trader has offered to collect the product(s) themselves, the buyer is exempt from the obligations referred to in this paragraph. 
 
3. The buyer must return the product(s), including all accessories supplied. Where reasonably possible, the buyer must return the product in its original condition and packaging, in accordance with the instructions provided by the trader. The buyer is also required to attach the completed returns form referred to in paragraph 2 to the outside of the packaging, so that it is clearly visible upon receipt of the return shipment. 
 
4. The buyer bears all costs associated with returning the product(s). The trader additionally retains the right to charge the buyer for any diminution in value, as discussed in Article 7, paragraph 1. If the trader offers to arrange the return shipment themselves, the trader retains the right to pass on the associated costs to the buyer. The trader retains the right to waive the return costs in whole or in part in favour of the buyer. 
 
 
 
Article 11: Obligations of the Trader upon Return 
 
1. After the trader receives a notification from the buyer, including a completed returns form as referred to in Article 10, paragraph 1, the trader is obliged to confirm this notification within 24 hours. If the buyer does not submit the return notification through the correct channels or steps, the trader is granted an additional period of 7 days before the refund referred to in Article 11, paragraph 2 commences. 
 
2. After the buyer has correctly exercised their right of return and the product has been correctly received back by the trader, a payment period of 14 days (excluding any additional periods) applies for the refund. The payment period commences on the day the product is received by the trader, confirmed by the buyer, the trader and any third parties such as the carrier. If the buyer chose a more expensive delivery method than the cheapest standard delivery, the trader is not obliged to refund the additional delivery costs. 
 
3. Any diminution in value must be discussed between the trader and the buyer before the refund begins. If the trader and the buyer have not yet reached agreement on the diminution in value, it is not possible to commence the refund period. The time spent discussing the diminution in value shall not be added to the standard or any additional payment period.  
 
4. The trader must process the refund using the same payment method used by the buyer. Any additional costs, such as transaction fees, are borne by the trader. Unless the trader consents, it is not permitted to process the refund via a different payment method. 

Article 12: Delivery and Collection Options 
 
1. Products shall always be delivered to the address communicated to the trader by the buyer, unless the buyer has expressly provided the trader with a different delivery address. The trader shall exercise the utmost care when receiving, processing and dispatching shipments. The buyer has the right to report any inaccuracies or damage via the contact details stated in Article 2. 
 
2. The risk of damage to or loss of a product or shipment rests with the trader until the moment the buyer, or a third party designated by the buyer, takes receipt of the delivery. The trader, a third party or carrier authorised by the trader, is responsible for informing the buyer of the delivery of the shipment. 
 
3. If the trader is for any reason unable to dispatch the products within 21 days of concluding the agreement, the trader must notify the buyer as soon as possible. If the trader has not made contact within this period, the buyer has the right to dissolve the agreement without costs or further notice to the trader. In that case, the trader is obliged to refund the full amount paid by the buyer, in accordance with the payment arrangements in Article 5 and Article 9. 
 
4. Due to the nature, dimensions or weight of the products, collection from a collection point or at the warehouse is in principle not possible, unless expressly agreed otherwise in writing. The trader must at all times inform the buyer of the method of delivery of the product(s). 
 
5. The trader is not obliged to fulfil any obligation if this is reasonably impossible due to circumstances beyond the trader's control, such as strikes, fire, natural disasters, government measures or supplier failures. 
 
 
 
 
 

Article 13: Deviations 
 
1. The trader retains the right at all times to invoice the buyer retrospectively for deviations in the quantity of products delivered compared to the agreement, provided the deviation falls within the established tolerances. A product means one individual item. Different qualities, dimensions or colours are not considered the same product. The permitted tolerances for over- or under-delivery are as follows: 
 
a. For plastic covers or bags: a tolerance of 1,500 units. 
 
b. For cardboard: a tolerance of 15% with a maximum of 1,000 units. 
 
c. For paper and film (other than sub a or b): a tolerance of 15% with a maximum of 100 kilograms. 
 
d. For all remaining products: a tolerance of 10%. 
 
2. Provided they fall within the tolerances set out below, deviations in quality compared to previous deliveries or samples do not constitute grounds for refusal of delivery, suspension of payment, dissolution of the agreement or a claim for damages. The trader, as well as any third parties engaged by the trader, shall exercise the utmost care to prevent deviations in quantity or quality. The determination of a quality deviation is based on the average of the entire order. If quality deviations fall outside the tolerances set out below, the buyer has the right to refuse the delivery free of charge. The tolerances are established as follows: 

a. Weight and thickness: a tolerance of up to 10% is permitted. 
Weight and thickness must be measured without packaging. 
 
b. Dimensions: a deviation of up to 20 millimetres is permitted. 
Dimensions must always be measured on the inside. 
 
c. Colour: the PMS colour may deviate by a maximum of two units. 
The desired PMS colour must always be confirmed by the buyer in advance. 
 
3. The trader must at all times inform the buyer of any deviations in quality and quantity. Unless expressly stated otherwise, the tolerances referred to in paragraphs 1 and 2 are decisive. If the trader has not informed the buyer of the deviations, the buyer retains the right to refuse the deviating quantities free of charge. If quality deviations fall outside the tolerances stated in paragraph 2, the buyer has the right to refuse the entire delivery. Notifications regarding deviations must be submitted no later than within the 14-day reflection period after delivery via the contact details stated in Article 2. 
 
 
 
 

Article 14: Continuing Transactions 
 
1. Continuing transactions entered into for a fixed period shall end automatically upon the expiry of the agreed period, unless otherwise agreed in writing. Continuing transactions entered into for an indefinite period may be terminated in writing by either party with a notice period of one month, unless otherwise agreed. If a specific duration or notice period is included in the agreement, the provisions stated therein shall prevail over the periods referred to in this article. 
 
2. The trader reserves the right to terminate or amend the agreement before its expiry if continuation cannot reasonably be required of them, for example in the event of persistent non-payment, repeated breach of contractual obligations or cessation of the buyer's business activities. 
 
3. Any price changes during the term of the continuing transaction shall only take place following written notification to the buyer, with a notice period of at least one month. In the event of a price increase of more than 10% during the term of the agreement, the buyer may dissolve the agreement in writing within fourteen days of notification, without any obligation to pay damages. 
 
 
Article 15: Performance of the Agreement and Warranty 
 
1. The trader is responsible for delivering products and/or services that conform to the agreement, to the specifications stated in the offer and to the reasonable requirements of soundness and usability, taking into account the tolerances customary in the industry. 
Deviations in colour, size, weight or other properties that are technically unavoidable or are considered acceptable according to trade practice do not constitute grounds for rejection, dissolution or damages. The trader also retains the right to deliver deviating quantities within the established tolerances, in accordance with Article 14. 
 
2. If agreed, the trader, their supplier, manufacturer or importer may grant the buyer an additional or commercial warranty. This warranty shall never extend beyond what has been expressly agreed in the agreement or warranty statement. 
Any warranty provided by the trader shall lapse if the buyer has used, stored or processed the product incorrectly, or has not complied with the instructions for use or maintenance. If a manufacturer's warranty applies to a product, this is provided exclusively by the relevant manufacturer or importer. In that case, the trader is not responsible for handling claims under this manufacturer's warranty, unless expressly agreed otherwise in writing. 

Article 16: Complaints Procedure 
 
1. If the buyer wishes to submit a complaint to the trader, this must be done via the trader's complaints procedure. Complaints must be reported to the trader as specifically and as promptly as possible after the buyer has identified the complaint. From the moment the complaint has been correctly submitted to the trader, the trader has seven days to respond substantively to the complaint. If the trader is unable to resolve the complaint within this period, the trader is obliged to notify the buyer in writing within the same period of the reason and an indication of the expected resolution time. The buyer retains the right to grant the trader an additional period to resolve the complaint, provided both parties agree to this in writing. 

Article 17: Liability 
 
1. The trader is only liable for direct damage that is the direct and exclusive result of a shortcoming in the performance of the agreement attributable to the trader. All liability of the trader is limited to the invoice value of the relevant agreement (or the part to which the liability relates), excluding VAT. Direct damage means exclusively: 
 
a. Reasonable costs for establishing the cause and extent of the damage. 
 
b. Reasonable costs incurred to prevent or limit damage, to the extent the buyer demonstrates that these costs have led to a reduction in direct damage. 
 
c. Reasonable costs for the replacement or repair of defective performance to the extent attributable to the trader. 

2. The trader shall never be liable for indirect damage, including but not limited to consequential loss, loss of profit, missed savings, damage due to business interruption, reputational damage or loss of data. Liability of the trader for an attributable shortcoming in the performance of the agreement only arises if the buyer has given the trader written notice of default, granting a reasonable period for performance, and the trader continues to be attributably in default in fulfilling its obligations after that period. 
 
3. All liability of the trader shall lapse if the buyer has not asserted a claim in writing within twelve months of discovering the damage-causing event. The exclusions and limitations of liability do not apply in the event of (i) intent or deliberate recklessness on the part of the trader or its managers, (ii) damage resulting from death or personal injury, or (iii) liability that cannot be excluded under mandatory law, including product liability. 
 
4. Advice provided by the trader regarding product selection, application methods or strength qualifications is non-binding and intended solely for guidance. The trader is not liable for damage resulting from following such advice. 

Article 18: Additional or Deviating Provisions 
 
1. Additional or deviating provisions from these general terms and conditions are only valid if agreed in writing between the parties. In the event of any conflict between the agreement and these general terms and conditions, the agreement shall prevail. 

2. All delivered goods remain the property of the trader until the buyer has fully fulfilled all obligations under the agreement(s), including payment of the purchase price, any interest and costs. For as long as the retention of title is in force, the buyer is not entitled to transfer, encumber or otherwise dispose of the goods in a manner that prejudices the trader's rights. 

3. Dutch law applies to all agreements. Disputes shall – to the extent permitted by law – be submitted exclusively to the competent court in the district where the trader is established. 

Article 19: Intellectual Property Rights 
 
1. The content, layout, structure and formulations of these general terms and conditions are the intellectual property of the trader. Third parties are not permitted to copy, reproduce, distribute or in any way use these general terms and conditions, in whole or in part, for their own commercial purposes, unless written permission has been granted by the trader. Violation of this article may lead to civil proceedings for infringement of copyright or unlawful act. 
 
2. Designs created by the trader remain the property of the trader, unless otherwise agreed in writing.