Terms and Conditions

Terms and Conditions PD-Party.com

General Terms and Conditions PD-Party

Article 1. General / Applicability

1.1. All offers, orders and contracts of PD-Party (hereafter: PD-Party) are subject to these terms and conditions to the exclusion of any other general terms and conditions.

1.2. By placing an order with PD-Party and/or using the PD-Party website, the client accepts these terms as well as all other rights and obligations as stated on the website.

1.3. Deviations from these conditions can only be made in writing. All other provisions remain in force.

1.4. All rights and claims stipulated in these terms and conditions for the benefit of PD-Party also apply to intermediaries and third parties engaged by PD-Party.

1.5. PD-Party reserves the right to amend or supplement these terms. Amended terms also apply to existing contracts unless this is unreasonable based on the circumstances.

1.6. If the client refers to their own general terms, these do not apply unless PD-Party has expressly agreed to them in writing.

Article 2. Quotations

2.1. All offers are non-binding unless expressly stated otherwise. PD-Party is only bound once the order is confirmed in writing or by e-mail.

2.2. PD-Party may refuse orders or attach conditions to delivery. If an order is not accepted, the client will be notified within ten working days.

2.3. All prices quoted are exclusive of VAT, shipping costs, duties or other charges unless stated otherwise.

2.4. Normal and customary tolerances apply to all goods. Slight deviations in colour, size or design do not release the client from obligations.

2.5. PD-Party reserves the right to change prices without prior notice, including after order confirmation, if factors such as wages, taxes, duties or exchange rates increase costs.

2.6. Models, drawings and measurements provided with offers illustrate the general presentation of items. Small deviations do not entitle the client to compensation or refusal.

Article 3. Contract

3.1. The contract is concluded when PD-Party confirms the order or begins execution.

3.2. Information about properties, colour or size is indicative only.

3.3. Changes to the original order that cause additional costs will be charged to the client.

3.4. Such changes may extend the delivery time.

Article 4. Deliveries

4.1. Delivery occurs when the goods are offered at the specified address.

4.2. Partial deliveries may be invoiced separately.

4.3. Delays are not at PD-Party’s expense unless caused by its own fault.

4.4. Urgent orders may incur extra costs. Delivery dates are only binding if explicitly agreed in writing.

4.5. For imported goods, PD-Party may handle customs clearance.

Article 5. Exceeding the Delivery Term

5.1. Delivery terms are approximate unless expressly agreed as binding.

5.2. Exceeding delivery time does not entitle the client to dissolution or damages.

5.3. If delay makes fulfilment unreasonable, the client may cancel the order in writing unless PD-Party delivers within four weeks.

5.4. If the client fails to meet obligations, PD-Party may suspend or dissolve all contracts without notice.

5.5. Force majeure (e.g. war, flood, strikes, government measures, machine failure, riots, transport issues) releases PD-Party from delivery obligations without liability.

Article 6. Payment

6.1. PD-Party may request a deposit of at least 25%. In case of dissolution due to attributable breach, repayment follows minus damages.

6.2. If no terms are agreed, payment is due within 14 days of invoice. Partial invoices follow the same rule.

6.3. Late payment incurs statutory interest. The client is in default by law.

6.4. In case of bankruptcy or suspension of payment, all obligations become immediately due.

6.5. All judicial and extrajudicial collection costs are borne by the client.

Article 7. Complaints

7.1. The client must inspect goods immediately and notify PD-Party in writing within 8 days of visible defects.

7.2. PD-Party must be allowed to investigate complaints.

7.3. If no agreement is reached, an independent expert may be appointed.

7.4. If the complaint is valid, PD-Party will either compensate up to invoice value or replace goods. No further liability applies.

Article 8. Right of Retention and Suspension

8.1. PD-Party may retain goods until all outstanding invoices are paid.

8.2. Non-performance by the client entitles PD-Party to suspend or dissolve orders without liability.

Article 9. Liability

9.1. PD-Party is not liable for damage except in cases of proven intent or gross negligence.

9.2. The client indemnifies PD-Party against third-party claims relating to goods delivered.

9.3. Multiple principals are jointly and severally liable.

9.4. PD-Party is not liable for delays or errors due to internet or communication issues.

Article 10. Retention of Title

10.1. Ownership transfers only after all payments have been made.

10.2. PD-Party retains co-ownership if goods are processed until payment is complete.

10.3. The client may resell goods but must assign receivables to PD-Party upon request.

10.4. Goods may not be pledged to third parties.

10.5. PD-Party may reclaim goods if obligations are not met.

Article 11. Intellectual and Industrial Property

11.1. All intellectual property rights remain with PD-Party or its licensors.

11.2. Reproduction or modification requires prior written consent.

Article 12. Cancellation and Force Majeure

12.1. Orders may be cancelled only by registered letter, with 12 hours’ notice.

12.2. If cancelled, the client must take over purchased materials and pay 1/3 of the order value.

12.3. PD-Party retains the right to full performance or full compensation.

12.4. Extensive force majeure conditions apply as described above.

12.5. Parties must notify each other immediately of force majeure.

Article 13. Dissolution

13.1. PD-Party may dissolve the contract without judicial intervention in case of non-performance.

13.2. Either party may dissolve the contract if the other ceases operations or files for bankruptcy.

13.3. After written notice of default, the contract may be dissolved if obligations remain unmet.

13.4. Written confirmation of dissolution must be provided.

Article 14. Disputes

All disputes between PD-Party and the client shall be settled by the competent Dutch court.

Article 15. Applicable Law

All agreements are governed by Dutch law.

These General Terms and Conditions were filed (Dutch version) at the Chamber of Commerce Zwolle on 8 January 2009.