Terms and Conditions of cooperation with RainbowADS Design&Promotion
The below Terms and Conditions apply to cooperation between RainbowADS Design&Promotion, hereinafter called RAINBOW and client hereinafter called the Purchaser, unless otherwise agreed in a separate agreement.
- Orders shall be placed in writing or via B2B webshop and will only be realized if confirmed in writing by RAINBOW. Any changes to confirmed order shall be made in writing under pain of nullity.
- Orders may be placed only by a person authorised to represent the Purchaser. Otherwise the Purchaser is obliged to submit a separate authorization signed by the person authorized to represent the company.
- If the Purchaser is in default on payments for previous deliveries, RAINBOW reserves the right to refuse or suspend the completion of subsequent orders placed by the Purchaser, until the whole outstanding amount due to RAINBOW is paid off.
- The Purchaser can place an order via B2B webshop that is carried out under “RainbowADS Design&Promotion – Terms and Conditions of cooperation” and „RainbowADS Design&Promotion – B2B webshop Regulations”.
2. Realization time and delivery
- Order realization starts upon receiving a written confirmation of the order from RAINBOW.
- Realization period confirmed by RAINBOW may change in case of force majeure and other incidents which are outside of RAINBOW’s influence, and which cannot be foreseen and avoided at the time of signing the contract. RAINBOW is obliged to immediately inform the Purchaser about the obstructions when they occur. This refers also to obstructions caused by other suppliers and subcontractors cooperating with RAINBOW. Purchaser’s claims arising in this kind of situations are excluded. The date of delivery of goods ordered agreed with RAINBOW shall be an approximate date and shall not be considered as a final date.
- If not otherwise indicated, prices are quoted in EUR, exclusive of applicable VAT rate.
- The Purchaser can have the goods delivered by RAINBOW or other delivery company upon request.
- Unless otherwise agreed, the cost of delivery is covered by the Purchaser. In some instances RAINBOW reserves the right to re-invoice the costs of shipping for the ordered goods.
- If the dispatch of the ordered goods is delayed because of the Purchaser, storage cost and risk shall be carried by the Purchaser.
- RAINBOW does not take responsibility for lost or damaged dispatch during transportation, and also for delays in delivery which were caused by the delivery company.
- RAINBOW shall not assume responsibility for minor differences between the goods presented in the catalogue and the real goods delivered.
- Return of purchased products is not possible (excl. 2 p.10 and 4 p.17) In particular cases and only when confirmed by RAINBOW Representative return is allowed but the Purchaser is obliged to cover the costs raised by RAINBOW in connection with realization process of the order, including especially handling costs.
- Return of sample (considered as one piece of purchased goods) is allowed only in reference to products from current catalogue and within 21 days from purchase date and on condition that the product is in original packaging and in perfect condition, transport cost covered by the Purchaser. Returned samples must be accompanied by filled and signed Rainbow Return-Claim Form. In case of return of samples without and signed Rainbow Return Claim Form, RAINBOW reserves the right to send the sample back to the Purchaser freight forward.
- Unless agreed otherwise, payment for the ordered goods shall be made in advance. Other payment conditions require separate agreement between RAINBOW and the Purchaser.
- In the event of outstanding payments RAINBOW reserves the right to calculate interests on late payments.
- If the Purchaser has outstanding financial obligations towards RAINBOW reserves the right to renounce the execution of a confirmed order or to refuse to release the goods until the outstanding payment(s) is/are settled. Purchased goods remain in the possession of RAINBOW until outstanding payment(s) for the goods is/are settled.
- In the event of order cancellation by the Purchaser, the Purchaser is obligated to cover all costs carried by RAINBOW in reference to execution of this order.
4. Warranty and complaints
- RAINBOW ensures goods quality and provides a 12 months warranty for goods quality starting on the date of receipt/collection of goods.
- On collecting/ reception of the goods the Purchaser is obliged to immediately check whether the goods delivered are in compliance with the confirmed order. Should any discrepancies occur in this respect, the Purchaser shall notify RAINBOW about it in writing as soon as possible.
- Possible discrepancies that appear only in a part of the delivery do not authorise the Purchaser to claim the whole ordered quantity.
- In a case of damages appearing during transport, all damages must be confirmed in writing (damage survey protocol) by the delivery company. Otherwise no compensation claims are possible.
- The Purchaser shall provide access to the claimed goods in order to confirm the claim.
- Complaints shall be communicated to RAINBOW in writing within 7 days of the day the goods were collected/received by the Purchaser. Complaints shall be dealt with within 14 days.
- Complaints concerning the goods that were personalized by the Purchaser are excluded.
- RAINBOW shall not be liable for any damage resulting from improper use of the ordered goods or resulting from failing to collect the goods by the Purchaser.
- The Purchaser must check the goods before passing/reselling to the third party. After the goods are sold/ passed to a third party, the responsibility for any quantity or quality defects shall be transferred to the Purchaser. It refers also to the goods passed/sold to personalization by the third party. Return or claims referred to the goods subjected to personalization shall not be accepted by RAINBOW.
- RAINBOW is liable for order realization only towards the Purchaser. Any damages claimed by the third party shall not be dealt with.
- Once the claim is accepted, RAINBOW may repair, accept in return, or change the claimed goods, (unless otherwise agreed) within 7-30 days. The way of settling the claim is appointed by RAINBOW.
- The Purchaser loses the warranty rights if:
a) claim is not submitted within 7 days of the day the goods were collected/ received by the Purchaser
b) The Purchaser is unable to prove that the claimed damage did not result from unloading or storage faults
- Claiming damages does not relieve the Purchaser from the payment obligation towards RAINBOW for the ordered goods.
- Liability of RAINBOW for defects of goods refers only to damages resulting from RAINBOW activity. RAINBOW is not liable for so called after-damages or lost benefits. Moreover, RAINBOW liability is limited only to net price of claimed goods or service paid by the Purchaser. All further claiming are excluded.
- Possible warranty claiming towards RAINBOW is excluded.
- RAINBOW is not liable for the goods being useful to the aim expected by the Purchaser, if the Purchaser had not specified in writing all conditions referring to the ordered goods.
- Claimed goods will be accepted only if accompanied with filled and signed RAINBOW Return-Claim Form and provided that previously agreed in written (including e-mail) with RAINBOW representative, with his clear agreement to receive the returned/claimed goods. In case of returning goods unaccompanied with filled and signed of the Return/Claim Form, or without above mentioned clear agreement of RAINBOW representative, RAINBOW reserves the right to send the goods back to the Purchaser freight forward.
5. Purchase of personalized goods /imprint orders
- Imprint orders shall be placed at RAINBOW in writing or via B2B webshop only.
- When placing an imprint order the Purchaser is obliged to provide 1:1 artwork in vector graphic format (.ai, .eps, .cdr), along with the preview and PANTONE U colours. Providing an artwork which does not meet RAINBOW requirements may result in extra charges.
- Imprint order confirmation and order execution starts when the Purchaser receives imprint visualization for approval.
- Preliminary realization time is confirmed after the Purchaser approves imprint visualization. In the event that the Purchaser fails to approve the visualization, imprint order will not be realized.
- Realization time is confirmed after the Purchaser approves sample print. Sample print is approved on basis 1 item, printed in accordance to the visualization.
- An item with sample print for approval is provided to the Purchaser on the Purchaser’s cost. Upon request, it is possible to approve sample print on basis photo of the sample print sent to the Purchaser per e-mail.
- Realization time may change in case of force majeure and other incidents which cannot be foreseen or avoided and which appear after order confirmation and become an obstacle to performing the contractual obligations. RAINBOW is obliged to immediately inform the Purchaser about occurred obstructions. Purchaser’s claiming damages which are result of arising of this kind of situations are excluded.
- RAINBOW make every effort to assure that the quantity of the printed goods is not less than the quantity ordered. However, due to specific production process, slight part of the goods may be subjected to damage. Taking this into account, RAINBOW is entitled to provide up to -3% of ordered goods. The Purchaser shall accept possible shortages and pay for the ordered amount. Should the Purchaser require that the quantity of the goods printed is exactly the same as the goods ordered, the Purchaser shall bear all the additional costs.
- Depending on material of certain product and imprint technique applied, the Purchaser allows possible +/-1 difference in shade between the PANTONE U described in order and the actual colour printed. Additionally +/-3% difference in size of the imprinted artwork is allowed.
- In case of re-ordering, each and every time the Purchaser is obliged to describe in writing required imprint size, PANTONE U colour and positioning.
- RAINBOW is not liable for the content printed according to the Purchaser’s order. RAINBOW shall not bear responsibility for any claims raised by the third party for violating its rights. The only part responsible for possible violating of the third party’s rights is the Purchaser.
- In the event of cancelling the imprint order by the Purchaser, the Purchaser is obliged to cover all costs carried by RAINBOW in reference to execution of this order.
- RAINBOW does not personalize the goods provided by the Purchaser and any packing services.
- Products originally packed in individual polybags are not packed again after the printing service is completed. Customers who would like to have the products repacked after printing should calculate this additional service before and order it at the same time as printing. Without this additional repacking order the individual polybags will be thrown away by RAINBOW.
6. Other terms and conditions
- All disputes that may arise in connection with these Terms and Conditions shall be submitted for resolution to the Court having jurisdiction over RAINBOW’s registered office.
- By placing an order at RAINBOW the Purchaser shall approve of the Terms and Conditions.
- Detailed information about possible changes in the “RainbowADS Design&Promotion – Terms and Conditions of cooperation” will be published on website rainbowads.ie If the Purchaser does not agree with proposed changes he/she may raise objections in written(decides post stamp date) or via e-mail email@example.com within 14 days from the date of proposed changes published on www.rainbowads.iewebsite. Failing to raise objections in the way described above results in acceptance of the changes in “RainbowADS Design&Promotion – Terms and Conditions of cooperation”.