These terms explain what you can expect from Busy Fox when you buy from us, and what we expect from you. They apply to orders through our website and to other orders for which we agree these terms with you.
Articles 1 to 9 apply to all customers. Articles 10 to 15 apply to consumers. Articles 16 to 18 apply to business customers. Articles 19 and 20 apply to everyone.
Articles 1 to 9
For everyone
01Who we are
Busy Fox is the trading name of the business identified below. This business is the seller and your point of contact for your order.
The return address may differ from our registered business address. For returns, use the return address shown above and in our returns information.
02Who these terms apply to
2.1
By "we", "us" and "our", we mean the business behind Busy Fox. By "you" and "your", we mean the customer.
2.2
You buy as a consumer when you are an individual acting for purposes outside your trade, business or profession. You buy as a business customer when you act in the course of your trade, business or profession. Creating an account does not in itself make a purchase a business purchase.
2.3
Products means the physical items we sell, such as printers, writing boards, labels, ribbons, paper and accessories. These terms do not govern a separate subscription to an app or another third-party service.
2.4
You can read and save these terms before ordering. The version made available when the contract is concluded applies to your order.
2.5
A specific agreement we make with you in writing takes precedence over these terms. In writing includes email. For consumers, such an agreement cannot prejudice rights from which the law does not permit a departure to the consumer's disadvantage.
2.6
Separate agreements may apply to collaborations with creators, brands and distribution partners. Completing a contact form does not commit you to a purchase or collaboration.
03Our offer and your order
3.1
The product listing describes the main characteristics, the selected variant and what you receive. For bundles, we state which items and quantities are included.
3.2
Products, phones, decorations or other objects shown only for illustration are not included where this is made clear in the offer. An image must not give a different impression from the description of the offer.
3.3
Before ordering, check your variant, quantities, delivery address and contact details. If you notice an error afterwards, tell us as soon as possible. We will amend the order if this is still possible.
3.4
The contract is concluded when we accept your order by email. A message that only confirms we have received your order is not acceptance. We make this distinction clear in our messages. For a quotation, the contract is concluded when you accept our offer within its validity period.
3.5
A pricing or description error only entitles us not to honour the offer if you could reasonably have understood that there was an error. We will inform you and refund any payment received without undue delay. We will not increase an agreed price without your consent.
3.6
If we cannot accept an order, for example because an item is unavailable, we will tell you as soon as possible and refund any payment received. After acceptance, the provisions on delivery and failure to perform in these terms apply.
3.7
We will supply a different product or variant only with your consent.
04Prices and discounts
4.1
Consumer prices include VAT. If we display a business price excluding VAT, we state this clearly. Before ordering, you see the total, including applicable taxes, shipping and other compulsory charges we make.
4.2
A price per label, per hundred labels or per another quantity is a comparison price. The stated pack contents and the number of packs selected determine what you receive and pay.
4.3
A bundle's contents and price are stated in the offer. A volume price applies to the product, quantity or combination specified. Different products count together only if we state this for that price tier.
4.4
For account benefits, discount codes and promotions, we state who qualifies and which restrictions apply. If benefits cannot be combined, we apply the combination of benefits you qualify for that produces the lowest total price. You see the result before ordering.
4.5
A reference to a recommended retail price is a comparison with the manufacturer's or supplier's recommended price. It is not necessarily our previous selling price.
4.6
The agreed price is fixed for your order. A later price change or change to a benefit scheme does not change that price.
4.7
For a discount on several items, we allocate the discount in proportion to their individual selling prices at the time of purchase. A discount clearly linked to one item remains with that item. The allocation is shown on the order confirmation or invoice.
4.8
For an allowed partial return, we refund the amount you paid for the returned items according to this allocation. The price paid for items you keep remains unchanged. We do not retrospectively withdraw bundle or volume benefits from those retained items.
05Payment
5.1
Before ordering, we show the payment methods available and when payment is due. We do not charge payment surcharges that the law does not allow.
5.2
Paying through a payment service does not change who the seller is. You can contact us about your purchase, a return or a refund.
5.3
Check an invoice and report any error as soon as possible. We will investigate and correct an incorrect amount.
5.4
Additional payment rules for consumers are in article 15. For business customers, article 17 and the payment arrangements in the quotation or order confirmation apply.
06Delivery
6.1
We deliver to the address you provide. Available countries, shipping methods and delivery charges are shown before ordering.
6.2
We deliver within the agreed time. If no time is agreed, we deliver within thirty days of the contract being concluded.
6.3
If we expect a delay, we inform you as soon as possible of the reason and expected delivery. You do not have to accept a replacement product.
6.4
If we have not delivered on time, you may give us a reasonable additional period. If we also fail to deliver within that period, you may terminate the contract for the undelivered part. No additional period is needed if we refuse delivery or timely delivery was essential and we knew this before the contract was concluded or should have understood it from the circumstances.
6.5
If the failure to deliver part of an order means the other items also lose their agreed purpose, you may also terminate the contract for those related items. We refund amounts due without undue delay.
6.6
The risk of loss or damage during delivery remains with us until you, or a recipient you designate who is not the carrier, receive the products. If you arrange a carrier we did not offer, the risk passes when we hand the products to that carrier.
6.7
If a parcel is damaged, something is missing or the carrier reports a delivery that did not take place, contact us. Photos or delivery information may help the investigation. Their absence does not end your rights.
6.8
If an additional delivery attempt results from an incorrect address you provided or failure to collect a parcel without notifying us of withdrawal, we discuss a solution first. Only reasonable additional costs actually incurred and attributable to you may be charged to you. We do not charge a separate penalty.
6.9
If we deliver an order in parts, we do not charge extra shipping unless you request an additional shipping service and agree to its cost in advance.
07Apps, software and compatibility
7.1
If using a product requires an app, computer program, account or particular connection, we state the relevant requirements in the product information. We indicate which functions are included and which additional functions may require separate payment.
7.2
Check that your device and operating system meet the stated requirements. Ask us for help before ordering if anything is unclear. We remain responsible for the accuracy of the information we provide.
7.3
An app or program may be supplied by a third party. Their terms may apply to a separate contract with that provider, such as a paid subscription. This does not limit your rights against us as the product's seller.
7.4
Where digital elements form part of the sale, we ensure the product has the agreed functions. We also provide the updates and information we have promised and that the law requires. For consumers, this covers the period they may reasonably expect or any longer agreed period.
7.5
Install necessary updates within a reasonable time after being informed about them. A problem arising solely because you did not install an update is your responsibility only if you were properly informed about the update and the consequences of not installing it, and the installation instructions were adequate.
7.6
If a product loses a promised function because the required app or software no longer works, contact us. We will assess the solution you are entitled to under the contract and the law. We do not exclude our responsibility solely because another provider supplies the software.
08Use and product problems
8.1
Use and store products according to the instructions and safety information. Use printing materials suitable for the model and application.
8.2
Using an accessory or refill from another brand does not automatically end your rights. If unsuitable materials or incorrect use demonstrably caused a problem, we do not have to fix that problem free of charge.
8.3
We do not have to replace labels, ribbons, paper or other consumables that have been used up normally. You may expect them to have the agreed quality and quantity on delivery and to be suitable for the promised use.
8.4
If a product does not work as expected, describe the problem and provide your order number if available. You may also prove the purchase in another way. We may ask for reasonable additional information or for the product to be made available for inspection.
8.5
For inspection, repairs or other work you must pay for, we first inform you of the costs. We carry out paid work only with your consent.
8.6
If a product must be returned for inspection or repair and contains data, make a backup where possible and remove data we do not need. This instruction does not exclude our liability if we handle your data carelessly.
09Questions and complaints
9.1
You can send questions and complaints to [email protected] or use the other contact options on our website. Describe what happened and the solution you are looking for.
9.2
We provide a substantive response within fourteen days of receiving a complaint. If we need more time to investigate, we send a message within that period explaining why and when you can expect our response.
9.3
Making a complaint, discussing it with us or taking part in mediation does not limit your statutory rights. You do not have to complete an internal procedure before protecting a legal deadline or bringing a claim before the competent court.
Articles 10 to 15
When you buy as a consumer
10Consumers' right of withdrawal
This article and articles 11 to 15 apply only when you buy as a consumer.
10.1
For an online purchase, you may withdraw from the contract without giving a reason. Your withdrawal period ends fourteen days after the day you, or a recipient you designate who is not the carrier, receive the product. You may also withdraw before delivery.
10.2
If several products from one order are delivered separately, this period starts after the last product is received. For a product consisting of several shipments or parts, receipt of the last shipment or part counts.
10.3
You can tell us within the withdrawal period that you wish to cancel your purchase:
by another clear statement identifying the purchase you wish to withdraw from
You do not need to create an account, give a reason or wait for permission. The model form is not compulsory. Simply refusing or not collecting a parcel is insufficient without a clear notification.
10.4
Your notification is in time if you send it before the withdrawal period ends. Keep a copy or proof of sending. If you notify us through our website, we immediately send an email acknowledging receipt, identifying the order and stating the date and time.
10.5
If we do not inform you about your withdrawal right as required, the withdrawal period is extended to twelve months after the original period ends. If we provide the missing information within that period, it ends fourteen days after you receive that information.
10.6
Applicable statutory rules govern the calculation of legal periods. Any statutory extension where the last day falls on a Saturday, Sunday or public holiday continues to apply.
11Returning and assessing products
11.1
Send the product to our return address within fourteen days of notifying us of withdrawal. You are in time if you send it within that period. Keep proof of sending.
11.2
You pay the direct return costs if we informed you of this before ordering. Otherwise, we pay those costs. For products that cannot normally be returned by post, we provide the legally required information about return costs in advance.
11.3
An incorrectly supplied or faulty product is covered by the rules on product problems. We pay the costs of a necessary return for a fault for which we are responsible.
11.4
You may unpack and assess a product as you reasonably could in a shop. If you use it beyond what is needed to establish its nature, characteristics and functioning, you are liable only for the resulting reduction in value.
11.5
We do not charge a fixed usage fee or standard restocking amount. If there is a reduction in value, we explain its cause and how we calculated the amount. You are not liable for a reduction in value if we did not correctly inform you about the withdrawal right.
11.6
For printing materials, using a limited quantity may be necessary to assess how they work. Using up a roll or using a printer for regular business production generally goes beyond a necessary assessment.
11.7
Return the product with the supplied parts and accessories. Where reasonably possible, use the original packaging or other packaging that adequately protects it. The absence of the original packaging does not in itself end your withdrawal right.
12Refunds and partial returns
12.1
If you withdraw from the entire order, we refund the purchase price paid and the cost of the cheapest standard delivery we offered for that order. We do not have to refund the additional cost of a more expensive delivery method you selected.
12.2
We refund within fourteen days of your withdrawal notification. We may withhold the refund until we receive the products or you provide evidence that you have sent them back, whichever is earlier. If we offer to collect the products ourselves, this right to withhold does not apply.
12.3
We use the same payment method you used, unless you expressly agree to another method. We do not charge a refund fee.
12.4
You may also return individual products from an order or bundle if they can be used independently. A printer with its standard parts and accessories counts as one product. Extra label packs added separately to a bundle may be independent products.
12.5
For a partial return, the discount allocation in article 4 applies. We refund the amount actually paid for the returned products. We do not retrospectively charge shipping because the value of the retained order falls below a free-delivery threshold.
12.6
For a partial return, we refund original delivery charges only to the extent that you would not have incurred them without the returned products.
12.7
If a product is faulty and you terminate all or part of the contract for that reason, your statutory rights apply. The provisions on voluntary assessment and any reduction in value following withdrawal do not limit those rights.
13Exceptions to the withdrawal right
13.1
We rely on an exception to the withdrawal right only if it applies by law and we clearly informed you of it before purchase.
13.2
This may apply to products made to your individual specifications or clearly intended personally for you.
13.3
An exception may also apply to sealed products unsuitable for return for health protection or hygiene reasons if you break the seal after delivery. We do not automatically apply this exception to all refills, tattoo products or opened packaging.
13.4
Choosing standard colours, sizes or bundles does not in itself make a product bespoke. A printer you can use to personalise things is likewise not excluded from the withdrawal right for that reason.
13.5
Downloading or activating an app required for your printer does not in itself end the withdrawal right for the printer.
14Statutory guarantee and liability towards consumers
14.1
We supply products that comply with the contract. You may expect a product to have the characteristics, quality, safety and functioning agreed at purchase and that you may reasonably expect.
14.2
Your statutory rights are not limited to the duration of a manufacturer's warranty. Dutch law does not set a fixed maximum statutory guarantee period. Factors such as the product type, price, statements made at purchase and expected lifespan determine what you may expect.
14.3
Report a fault within a reasonable time after discovering it. A report within two months of discovery is always in time. We impose no additional obligation to discover hidden faults immediately on receipt.
14.4
If a fault becomes apparent within one year of delivery, Dutch statutory rules presume it existed at delivery, unless this is incompatible with the nature of the product or fault or we demonstrate otherwise. Any longer statutory protection applicable to your purchase continues to apply.
14.5
If a product does not comply, you may require repair or replacement free of charge. Your choice may be limited if that solution is impossible or involves disproportionate costs compared with the other solution. We explain this and act in accordance with the law.
14.6
Repair or replacement must take place within a reasonable time and without significant inconvenience. We bear necessary costs, including transport, materials and labour.
14.7
In the cases provided by law, you are entitled to a proportionate price reduction or termination of the contract. This may apply, for example, if repair or replacement does not take place, the fault remains or it is serious enough to require an immediate solution. A minor fault does not entitle you to terminate. Your right to compensation remains where the law provides it.
14.8
An additional guarantee from us or the manufacturer gives extra rights and does not limit your statutory rights. You may contact us to exercise your statutory rights.
14.9
Statutory rules govern our liability towards consumers. The limitations of liability for business customers in article 18 do not apply to you.
15Payment arrangements for consumers
15.1
We do not require you to pay more than half the purchase price of products in advance. You may choose to pay fully in advance if we offer that option.
15.2
For the part payable after delivery, payment is due fourteen days after the later of receipt of the product and receipt of the invoice, unless we agree another valid period in advance.
15.3
If you do not pay on time, you first receive a free payment reminder. Before charging extrajudicial collection costs, we give you at least fourteen days to pay, starting the day after you receive the notice. The notice states the amount of collection costs that may become payable.
15.4
We charge statutory interest and collection costs only if all legal requirements are met and never above the legally permitted amount. Any statutory right to suspend payment, for example because of a fault, remains.
Articles 16 to 18
When you buy for your business
16Returns and product problems for business purchases
This article and articles 17 and 18 apply only to business customers.
16.1
The statutory consumer withdrawal right does not apply to business purchases. We do offer a voluntary return option for unused standard products from our range.
16.2
Notify us of the return within fourteen days of receipt at [email protected]. Then send the product back within fourteen days of notification. It must be complete, undamaged and unused. Opening the packaging for careful inspection is allowed. Consumables must be unused and in undamaged retail packaging.
16.3
This voluntary return option does not apply to individually made or personalised products. For an order procured specifically for your business, we may agree in writing in advance that voluntary returns are not possible. Without such a prior agreement, the usual return arrangement applies. A large order quantity is not in itself an exclusion.
16.4
For a voluntary business return, the business customer bears return costs and transit risk. We charge no fixed administration or restocking fee. We do not refund original delivery costs for these voluntary returns.
16.5
We refund the amount due within fourteen days of receiving and checking the return. The discount allocation and arrangement for independently usable bundle components in articles 4 and 12 also apply to these returns.
16.6
Check a business delivery as soon as reasonably possible for the correct items, quantities and visible damage. Preferably report discrepancies within seven days. Report a hidden fault within a reasonable time after you discover it or should reasonably have discovered it. Reporting after seven days does not automatically result in loss of rights. Statutory rules and the circumstances apply.
16.7
A product bought for business use must also comply with the contract. A normal inspection or business use does not release us from that obligation.
16.8
For a fault for which we are responsible, we offer free repair or replacement within a reasonable time. If both solutions are impossible or cannot be completed within a reasonable time, you are entitled to an appropriate price reduction or, if the fault justifies it, termination. A free solution includes necessary shipping costs.
16.9
Give us a reasonable opportunity to investigate and resolve the fault before engaging a third party at our expense, unless urgency or other circumstances reasonably prevent this.
16.10
We handle a fault or an error in our delivery under these arrangements and the law. The restrictions on voluntary returns do not apply in that case.
17Business payment and ownership
17.1
For business purchases, the payment arrangements in the quotation or order confirmation apply. Payment on account is possible if agreed with us in advance. Unless otherwise agreed, payment is due fourteen days after the invoice date.
17.2
For late payment, we first send a reminder and allow an additional fourteen days. After that period, we may charge statutory commercial interest from the date it becomes due by law. We may also charge reasonable extrajudicial collection costs, capped at the amounts in the Dutch statutory collection-cost scale. Mandatory statutory rules continue to apply.
17.3
If an overdue payment remains unpaid despite a reminder, we may suspend performance of a related order to the extent reasonable and legally permitted. We inform you of this. We take account of a justified dispute or statutory right to suspend payment.
17.4
For business deliveries, products remain our property until their purchase price has been paid in full. Keep them identifiable and take proper care of them for as long as necessary.
17.5
If resale is part of your normal business activities, you may resell the products in that context. You may not pledge unpaid products or otherwise provide them as security to a third party.
17.6
If we wish to recover unpaid products, we inform you in advance and act within the law. Retention of title does not entitle us to enter your business premises without consent or legal authority.
18Liability for business purchases
18.1
If we fail to perform and are liable, we compensate the loss directly caused within the limits of this article. First give us a reasonable opportunity to perform properly, unless performance is permanently impossible or the law does not require this.
18.2
Direct loss also includes reasonable costs of establishing its cause and extent and reasonable costs of preventing or limiting loss.
18.3
Our liability per event is limited to the invoice amount excluding VAT of the order giving rise to the loss. If our liability insurer pays a higher amount for that event, that higher amount applies, plus the applicable excess. Events with the same cause count as one event.
18.4
We are not liable to business customers for consequential loss, such as lost revenue or profit, business interruption and loss of business data.
18.5
The limitations in this article do not apply to intent or deliberate recklessness by our management, death or personal injury for which we are liable, or liability that cannot legally be excluded or limited.
18.6
Nor do these limitations apply to our obligation to repair or replace a faulty product in accordance with the contract or to refund an amount due after a valid return or termination.
Articles 19 and 20
Other agreements
19Circumstances beyond our control
19.1
Sometimes performance is prevented by circumstances not attributable to us. We assess force majeure in accordance with the law. A stock shortage, price increase or supplier delay is not automatically force majeure.
19.2
We inform you of the consequences as soon as possible and try to find a reasonable solution. We suspend only obligations actually affected by the circumstances.
19.3
If the impediment lasts more than thirty days, either party may terminate the unperformed part of the contract. Any right to terminate earlier, for example because of an essential delivery date, remains.
19.4
We refund amounts for products we no longer have to deliver following termination without undue delay. Force majeure does not limit mandatory consumer rights.
20Privacy, applicable law and changes
20.1
We process personal data as described in our privacy notice. Accepting these sales terms is not consent to marketing or to personal-data processing for which separate consent is required.
20.2
Our contracts are governed by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
20.3
If you buy as a consumer and live in another country to which we direct our activities, you retain the protection of the mandatory rules that would apply to your contract without this choice of law. Choosing Dutch law does not remove that protection.
20.4
Disputes are brought before the court competent under the applicable statutory rules. Consumers are not obliged to bring proceedings exclusively before a Dutch court.
20.5
If a provision is invalid or unenforceable, the remaining provisions continue to apply insofar as the contract can exist without it. An invalid provision is not automatically replaced by the valid alternative most favourable to us. We follow the applicable law.
20.6
We may change these terms for future contracts. For an existing order, the version applicable when the contract was concluded continues to apply unless we later agree a legally valid change together.
Appendix
Model withdrawal form
Complete and return this form only if you wish to withdraw from the contract. You may also use another clear statement.
To: Novastars B.V. Hagengracht 88 7607 EE Almelo, NL [email protected]
I / We hereby give notice that I / We withdraw from my / our contract of sale of the following goods: