1. Scope of the General Terms and Conditions

The following terms and conditions apply to all orders, contracts, and agreements entered into with Panda Selected, hereafter referred to as "the Supplier," for the sale and delivery of products. These terms also apply to all offers made by the Supplier, unless otherwise agreed upon in writing by both parties.

The Supplier reserves the right to amend these General Terms and Conditions at any time. Any deviations from these terms must be agreed upon in writing by both parties. By placing an order or using the Supplier’s services, the contracting party (referred to as "the Buyer") agrees to accept these General Terms and Conditions.

 2. Offers, Acceptance and Conclusion of Contract

The Supplier’s offers are made solely for informational purposes and are valid for a maximum of 14 days unless otherwise stated. The Supplier is not bound by offers until the Buyer's order has been confirmed by the Supplier, or the ordered goods have been delivered.

The Supplier reserves the right to modify offers and quotations at any time, including adjustments in pricing due to fluctuations in raw material costs, availability, and shipping rates. Prices in the Supplier's online catalog or promotional materials are subject to change without notice.

Offers and quotations do not apply to repeat orders unless agreed to in writing.

Orders are considered accepted when confirmed in writing by the Supplier. The Supplier reserves the right to withdraw any offer or quotation within 3 days of receiving the Buyer’s acceptance without incurring any liability.

 3. Prices and Payment

Unless otherwise agreed upon in writing, all prices quoted by the Supplier are exclusive of applicable taxes (including VAT), shipping, and handling fees, which will be charged separately.

The Supplier reserves the right to change prices without prior notice, based on changes in material costs, exchange rates, or transportation expenses. The Buyer must make a down payment within 7 days of receiving a price quote to begin production or order fulfillment. If the Buyer does not pay within this period, the Supplier may withhold production or delivery and require immediate payment or security before proceeding.

Invoices will be issued electronically, and the Buyer agrees to receive invoices in this format.

If the Buyer fails to make payment within the agreed period, the Supplier reserves the right to charge statutory interest (e.g., 8% per month) on overdue amounts. In addition, the Buyer will be responsible for any collection costs incurred by the Supplier, including legal fees, in the event of non-payment.

In case of the Buyer's bankruptcy, liquidation, or any similar legal proceeding, the Supplier's outstanding claims become immediately due and payable.

4. Delivery

Unless otherwise agreed upon, delivery will take place to the Supplier’s warehouse or to the address specified by the Buyer. The Supplier will not be held responsible for delays caused by the Buyer, such as the failure to provide necessary shipping details (e.g., contact information, customs requirements, etc.).

Delivery times provided by the Supplier are estimates and should not be considered a binding guarantee. If a delivery time is exceeded, the Buyer does not have the right to cancel the contract or demand compensation, except where the Supplier fails to deliver within 14 days after written notice from the Buyer.

Production and delivery timelines will begin only after full payment has been made, unless explicitly agreed otherwise.

Force Majeure: The Supplier is not liable for delays or failure to deliver caused by unforeseen events, including but not limited to supplier delays, natural disasters, strikes, wars, or government actions.

The Supplier reserves the right to make partial deliveries if necessary, and will take reasonable steps to ensure that any additional costs incurred by the Buyer are kept to a minimum.

5. Transport and Transfer of Risk

Unless otherwise agreed, all transportation costs, including customs duties and taxes, are the responsibility of the Buyer. The risk of loss or damage to the goods passes to the Buyer upon dispatch, even if the Buyer arranges for their own transport. If the Buyer chooses a specific carrier, the risk remains with the Buyer.

The Supplier is not responsible for any shipping delays or damages once the goods are handed over to the carrier.

6. Retention of Title

Ownership of the delivered goods remains with the Supplier until full payment has been received. The Buyer agrees that the Supplier retains the right to reclaim any unpaid goods, and any resale of the goods by the Buyer is prohibited until payment has been made in full.

7. Obstacles or delays that affect performance

In the event that performance becomes impossible or excessively difficult due to circumstances beyond the Supplier's control (such as a force majeure event), the Supplier has the right to suspend or terminate the contract. This includes situations where the Supplier’s suppliers fail to deliver as agreed, or when circumstances make fulfillment unreasonably difficult or expensive.

8. Acceptance and Challenge of Items and Warranty

The Supplier warrants that the products provided are free from defects in material and workmanship at the time of delivery. The warranty does not cover damages resulting from misuse, unauthorized modifications, or external factors such as accidents.

Upon delivery, the Buyer must inspect the goods for defects. If the goods do not meet expectations or show defects, the Buyer must notify the Supplier in writing within 7 days of receipt. Failure to do so will be considered acceptance of the goods.

If defects are found, the Supplier reserves the right to repair, replace, or offer a refund at its discretion, provided the defects are reported within the required timeframe.

9. Liability and Indemnity

The Supplier’s liability for any damage or loss is limited to direct damages and does not include indirect or consequential losses such as lost profits or business opportunities. The Supplier is not liable for any damages caused by the Buyer’s failure to comply with the terms of the contract or use the products incorrectly.

The Buyer agrees to indemnify and hold the Supplier harmless against any claims, damages, or costs arising from the Buyer’s misuse of the goods or violation of third-party rights.

10. Right to Withdrawal and Right to Cancel or Terminate

The Buyer may cancel or withdraw from the contract prior to production. In this case, the Buyer will be required to pay a cancellation fee of 40% of the total order amount, excluding any shipping or warehousing fees.

The Supplier reserves the right to withdraw from the contract if the Buyer fails to pay or provide necessary data for production. The Supplier also reserves the right to refuse orders with illegal or offensive print data.

11. Storage of goods

The Supplier offers free storage of paid goods for a maximum of 2 weeks. After this period, additional storage fees may apply, and the Buyer will be notified. If no specific agreement is made, the Supplier is not obligated to store the goods beyond this time and is not liable for any loss or damage during storage.

12. General Provisions

12.1 Copyrights

All intellectual property rights related to the products, designs, or any other creative works produced by the Supplier remain the property of the Supplier, unless otherwise stated in writing. The Buyer may not use or reproduce such works without prior permission.

12.2 Applicable Law

These terms and conditions, as well as any disputes arising out of or in connection with the contract, are governed by the laws of Netherlands, and the courts of Amsterdam shall have exclusive jurisdiction.

12.3 Language

These Terms and Conditions are drafted in English, which will be the governing language in case of any disputes or inconsistencies.

12.4 Changes or Deviations to the General Terms and Conditions

The Supplier reserves the right to modify or update these Terms and Conditions. The latest version will be available on the Supplier’s website, and continued use of the website or services will be deemed as acceptance of these changes.

12.5 Invalidity of some provisions

If individual provisions of these General Terms and Conditions should be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.

12.6 Headings

The headings to all sections and subsections, shall not form a part of this Agreement or Exhibits, but shall be regarded as having been used for the convenience of reference only and shall not affect the construction or meaning of this Agreement or of any of its provisions, unless such construction leads to unequivocal conclusions.

12.7 Use of service

Panda Selected reserves the right to block or otherwise decline to permit one or more users to use the site at any time and for any reason.

Panda Selected operates under Panda Packaging NL.

Panda Packaging NL

Loenermark
1025 TN

Amsterdam

Netherlands

E-mail: pandapackagingnl@gmail.com

Company number: +31(0)619180329

BTW Identification Number: NL005017195B79

Updated 25 October 2024.