General Terms and Conditions
1. General Information
(a) This agreement governs your use of The Bag Lab's site and service, including all orders made or processed for products or services in connection with the site and service. You and The Bag Lab Inc., a corporation providing custom, on-demand merchandise printing, sales, and other related services ("The Bag Lab"), are the parties to this agreement. If you choose to use other features of the site and service, like opening a shop to sell custom, print-on-demand products, other terms may apply in addition to these. No exceptions to these terms are effective unless The Bag Lab has agreed to them in writing.
(b) The Bag Lab may change these terms from time to time. If The Bag Lab makes changes to these terms, you will be notified and asked to accept the new terms as a condition of continuing to use The Bag Lab's site and service. If you disagree with any amendments, you must stop using The Bag Lab's site and service.
2. Use of the Site and Service Generally
(a) The Bag Lab owns all intellectual property and other rights, title and interest in and to its site and service (except for user-provided content). Your use of the site and service does not grant you any right, title or interest to these properties, except as follows. The Bag Lab grants you a limited, revocable license to access and use the site and service for its intended purpose: the provision of an online, on-demand, customizable merchandising solution. You may only use the site and service according to The Bag Lab's terms, rules, and guidelines found on its site, and The Bag Lab may revoke this license and limit your access to the site and service according to Section 15 (Termination of Access).
(b) You may not
I interfere with the site and service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
II modify, copy, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the site and service;
III use a robot or other automated means to monitor the activity on or copy information or pages from the site and service, except search engines, traffic counters, or similar basic performance monitoring technology;
IV impersonate another person or entity;
V use any meta tags, search terms, keywords, or similar tags that contain The Bag Lab's name or trademarks;
VI engage in any activity that interferes with another user's ability to use or enjoy the site and service, including activity that places a disproportionate burden on the site and service compared to ordinary use from a single, ordinary user;
VII assist or encourage any third party in engaging in any activity prohibited by this agreement; or
VIII use the site and service to promote hate speech, obscenity, or any content that violates The Bag Lab's Ethical Guidelines, which The Bag Lab may change from time to time in The Bag Lab's sole discretion.
3. Product Sales
(a) By placing an order using The Bag Lab's site and service, a customer makes a binding offer for a contract of sale or, as the case may be, a contract for work and materials with The Bag Lab only (no contract exists between the customer and any applicable shop owner). The Bag Lab sends an order confirmation via e-mail to the customer. The order confirmation is not an acceptance of the offer, but only acknowledges that the order was received. The offer is only accepted when The Bag Lab confirms that production has completed in a second e-mail. The Bag Lab cannot guarantee the continued availability of any products or designs found on its site.
(b) Information, drawings, figures, technical data, specifications of weight, measurements and services contained in brochures, catalogues, newsletters, ads, or price lists are purely informational. The Bag Lab cannot guarantee the correctness of this information, and if there is any inconsistency between the information described above and the information in an order confirmation email, the order confirmation email controls.
(c) The Bag Lab reserves the right to reject orders for any reason or no reason. If The Bag Lab rejects an order, it will notify the customer.
(d) The Bag Lab's performance of an order is completed when the shipment provider completes delivery to the customer's address, according to the records of the shipment provider. If there is an interruption of delivery, and The Bag Lab cannot replace the order in a reasonable amount of time, The Bag Lab will notify the customer immediately.
(e) If there is a product defect or if you are dissatisfied with your order for any reason, The Bag Lab's return policy will apply, which The Bag Lab may change at any time in its sole discretion.
4. Delivery & Shipment
(a) The Bag Lab warrants that it will ship orders within three weeks after orders are placed. Normally, goods are shipped within a few days and typical delivery times are 2-4 days, but in certain circumstances shipment and delivery can take up to three weeks. Customers and The Bag Lab may separately agree to more specific delivery times and terms in a separate writing or agreement (such as a request for express shipping).
(b) The Bag Lab will make delivery using a shipment service provider of its choosing. The customer must pay standard shipping costs which may depend on order value and shipping destinations.
(a) All prices received from The Bag Lab's are final. Shipping and handling are billed and shown separately. The shipping address and order amount may affect certain costs, and sales taxes may apply to some orders.
(b) For customers ordering from outside the Netherlands, all product prices are net of local taxes and fees. If, according to applicable law, the goods are subject to sales taxes, import duties, import brokerage fees, or other taxes or fees in the recipient's country, then the customer has the sole responsibility to pay these taxes and fees.
(c) Customers must pay the purchase price, applicable sales taxes, and shipping and handling charges immediately upon placing an order, without deduction.
(a) Customers may choose to pay by direct debit, credit card, advance payment, or other payment methods. The Bag Lab reserves the right to limit the method of payment chosen by the customer depending on order value, shipment destination, or other objective criteria.
(b) If the customer selects a payment method or provides payment information that makes it impossible or impractical for The Bag Lab to receive payment (for example, the customer's account lacks sufficient funds, or the customer provided incorrect payment information) through no fault of The Bag Lab's own, the customer agrees that The Bag Lab may add an additional charge to the order to recoup costs associated with processing or attempting to process the impossible or impractical transaction.
(c) The Bag Lab may sub-contract third parties to process payment.
(d) If the customer fails to pay, The Bag Lab may assign its claims to a debt collection agency and transfer the personal data required for collecting payment to these third parties.
7. Title to Products
Until The Bag Lab receives full payment for an order and the order is shipped, title to the goods remains with The Bag Lab. Upon transfer of the goods to the carrier, title and risk of loss passes to the customer. The customer should handle products with care until the transfer of ownership is complete (for example, in case of a product return).
(a) The Bag Lab provides the site and service on an "as is" and "as available" basis. The Bag Lab does not represent or warrant that the site and service or its use: (i) will be uninterrupted, timely, safe, or secure, (ii) will be free of inaccuracies, errors, or vulnerabilities, (iii) will meet your expectations or requirements, or (iv) will operate in the configuration or with the hardware or software you use. The Bag Lab hereby disclaims any and all express or implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability, and non-infringement to the fullest extent of the law, except to the extent that this agreement provides otherwise.
(b) You agree that The Bag Lab has no responsibility for any damages suffered by you in connection with the site and service, and that use of the site and service, including all content, data or software distributed by, downloaded, or accessed from or through the site and service, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business or your computer system or any loss of data that results from your actions and your use of the site and service. The Bag Lab does not control or endorse in any respect any information, products, or services offered by third parties through the site and service, and is not responsible for any possible representations and warranties these third parties may make.
(c) Due to normal changes in our industry and in our technical production processes, The Bag Lab may reasonably deviate from the descriptions and information found in its brochures, catalogues, and other documents with respect to material, color, weight, measurements, design, or other features.
(d) The Bag Lab may use subcontractors or third parties to provide certain elements of its site and service. You agree that The Bag Lab will not be liable to you in any way for your use of these services.
9. Limitation of Liability
(a) You use The Bag Lab's site and service at your own risk. The Bag Lab provides its site and service without any express or implied warranties (See Section 9(a) (Disclaimers) above). The Bag Lab is not responsible for the actions, content, information, or data of third parties. You release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against The Bag Lab or any related third parties.
(b) The Bag Lab is not liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or relating to the site and service or any agreement between you and The Bag Lab, even if advised of the possibility of such damages. The Bag Lab's aggregate liability arising out of or in connection with the site and service or any agreement between you and The Bag Lab may not exceed the lesser $100 or the amount of cash actually exchanged between you and The Bag Lab within the past six months. Applicable law may not allow the limitation or exclusion of liability described in this Section. In such cases, The Bag Lab's liability will be limited to the fullest extent permitted by applicable law.
10. User Representations and Warranties; The Bag Lab's Right to Refuse Performance
(a) If you upload designs or make changes to products in any way (for example, adding custom text), you represent and warrant to The Bag Lab that you have all necessary rights (for example, in trademark, copyright, privacy rights, publicity rights, common law, etc.) to use the text or design without violating the rights of any third party. The Bag Lab may, in its sole discretion, refuse to print any designs or text that you submit. However, The Bag Lab is not obligated to review any of your submissions.
(b) You agree to (i) indemnify and (ii) release The Bag Lab from all liability (including costs and attorney's fees) for claims relating to the alleged or actual infringement of any third-party rights and any law to the extent that such claims relate to your use of The Bag Lab's site and service. If you are a shop owner with The Bag Lab, The Bag Lab may offset amounts in your shop owner account to satisfy the indemnification payments owed according to this paragraph.
11. Data Protection