Terms and conditions

1. Identity and definitions

AJDN is the trading name of AJ Designs Nederland, a Dutch sole proprietorship established at Brouwerstraat 34, 2984 AR Ridderkerk, the Netherlands. Chamber of Commerce: 24393594. VAT ID: NL001808720B36. Email: info@ajdn.com. Telephone and WhatsApp: +31 85 130 46 14.

In these terms:

• customer means any natural or legal person making an enquiry, receiving a quotation or entering into a contract with AJDN;
• business customer means a customer acting in the course of a profession or business;
• consumer means a natural person not acting in the course of a profession or business;
• production file means any design, print, embroidery, cutting, label, personalisation or order file used for production;
• customer-supplied item means clothing or other material not supplied by AJDN;
• working day means Monday through Friday, excluding Dutch public holidays. Production on Friday normally runs until 12:00.

2. Application and order of precedence

These terms apply to all enquiries, quotations, assignments, sales, production, deliveries, fulfilment, storage, design, webshop and on-demand services provided by AJDN. A deviation applies only if AJDN and the customer confirm it in writing.

If documents conflict, an individually confirmed written agreement takes precedence, followed by the quotation or order confirmation and then these terms. The customer’s purchasing terms apply only if AJDN expressly accepts them in writing.

These terms are made digitally available before or when the contract is concluded. They have not been filed with the Chamber of Commerce or a court.

3. Offer, quotation and contract

A quotation is valid for 30 days unless it states otherwise. A price, schedule, capacity or stock indication becomes binding only after AJDN confirms the order in writing. A contract is concluded when the quotation is accepted in writing or AJDN issues an order confirmation.

The customer supplies accurate and complete information in good time, including quantities, garments, sizes, colours, technique, positions, files and required latest dispatch date. AJDN may propose reasonable technical changes to protect quality or manufacturability.

Obvious typing, calculation and publication errors do not bind AJDN. An online calculator or “from” price is a business indication excluding VAT, not a final price for a design that has not yet been technically assessed.

4. Files, designs and intellectual property rights

Production files must be supplied by email or through the secure AJDN customer account, not through WhatsApp. The customer warrants that supplied wording, logos, images, trademarks and other materials are accurate and may lawfully be used. The customer indemnifies AJDN against third-party claims resulting from unauthorised use, except to the extent caused by AJDN.

AJDN carries out a technical file check but is not responsible for content errors supplied or approved by the customer, such as spelling, quantities, dimensions, colour profiles or incorrect variants. Screen colours may differ from textile and production output. AJDN will report inadequate files and can provide assistance for the agreed fee.

After full payment, the customer obtains the agreed rights to a final design created by AJDN and the agreed source files, except for third-party rights or licences contained in them. AJDN’s production expertise, methods and internal settings remain AJDN’s property.

An embroidery production file digitised by AJDN remains stored by AJDN and may be reused for repeat production at AJDN without new digitising charges. If the customer purchases the production file separately, the customer receives the agreed EMB and DST files and may use them with another embroiderer. AJDN may retain a copy for future AJDN production.

5. Prices, invoicing and payment

Business prices exclude 21% VAT and any shipping, packaging, material, evening rush or external costs unless stated otherwise in writing. Before concluding a consumer contract, AJDN provides the legally required total price including VAT and unavoidable costs.

New or occasional business customers pay in advance or within 7 days. Established production customers may receive 14 days following assessment. Up to 30 days may be agreed individually for established larger customers or webshops. On-demand webshops normally receive a weekly consolidated invoice with a 7-day payment term.

In the event of late payment, AJDN may charge statutory commercial interest and reasonable collection costs following any reminder or notice required by law. AJDN may suspend further production, delivery, integration or access until due amounts have been paid. Consumers first receive any legally required no-cost period in which to pay.

6. Start of production, lead time and changes

Production time begins once the order or quotation has been approved, the production file is technically suitable, any design has been approved and the required garments or materials are available or have been received. Quoted production times are working days and refer to dispatch or readiness for collection; carrier transit time is not included.

For fully production-ready, stock-controlled webshop orders the normal cut-off is 15:00 Monday through Thursday for dispatch that working day, and 12:00 on Friday. AJDN informs the customer of exceptions caused by stock, volume, technique or planning.

A deadline is guaranteed only if AJDN expressly confirms it in writing. Rush work is possible following a stock, material and planning check. Any evening surcharge of up to €20 excluding VAT per employee per production hour worked is confirmed in advance. Production, contact and visits are not normally available at weekends.

Changes after approval may affect price and schedule. AJDN is not required to implement a change if production has started or if the change is technically unsound.

7. Customer-supplied items

AJDN accepts only unworn and unwashed items that have first been found technically suitable. Production on customer-supplied items is at the customer’s risk to the extent damage results from unknown material properties, hidden defects, incorrect information or the item’s own special value.

For expensive, exclusive or unfamiliar items, AJDN recommends testing one item first and may request spare items. AJDN does not automatically accept liability for the full retail or collector value of supplied goods. This limitation does not apply to proven intentional misconduct, deliberate recklessness or other liability that cannot legally be excluded.

8. Cancellation, returns and customised goods

A business customer may cancel before production starts only with AJDN’s written consent. Materials already purchased, design or setup work performed, reserved capacity, external costs and reasonable hours already incurred will be charged. A custom order cannot be cancelled free of charge once production has started.

Personalised goods or goods produced to the customer’s specifications cannot be returned merely because the customer has changed their mind. This does not restrict the right to a remedy for an error attributable to AJDN.

Consumers have the statutory right of withdrawal where applicable. This right does not apply, among other things, to goods made to the consumer’s specifications or clearly personalised. If a consumer expressly asks for a service to begin during the cooling-off period, statutory rules concerning payment for work already carried out and loss of the right of withdrawal may apply. AJDN provides the mandatory information before the contract is concluded.

9. Shipping, collection, risk and retention of title

Collection in Ridderkerk is free. For shipping, AJDN charges the previously communicated transport and any packaging costs. AJDN normally uses DHL and may use another carrier where required. Stated transit times are estimates.

For business customers, risk passes at the agreed time of handover to the carrier unless agreed otherwise in writing. Statutory risk transfer applies to consumers. Goods remain AJDN’s property until all amounts due under the relevant contract have been paid.

The customer bears additional costs caused by an incorrect or incomplete address, non-acceptance or reshipment, unless AJDN caused the error.

10. Quality, tolerances, complaints and remedy

AJDN assesses products against the agreed technique, approved design and what can reasonably be expected from professional textile production. Small differences may arise from textiles, material structure, positioning, size, stitch formation and colour rendering. A screen is not a binding colour proof. As a guideline, colour differences of up to approximately 5% and textile/positioning differences of up to approximately 1 cm may occur unless a stricter written product specification or approved sample applies.

The customer inspects the delivery promptly. A possible production error should preferably be reported in writing within 10 working days of receipt, with the order number, an overview photograph and a clear detail photograph. For a business customer, a late report may limit investigation or recourse if AJDN is demonstrably disadvantaged as a result. Mandatory consumer rights and statutory complaint periods always remain applicable.

AJDN first determines whether there is a production or material defect. If AJDN is at fault, AJDN will in principle offer repair or reproduction. If this is not reasonably possible, the applicable statutory remedies apply, including where required a price reduction or refund. Damage caused by incorrect washing, drying, ironing, pressing, normal wear or a defective file supplied or approved by the customer is not covered by the production guarantee.

11. On-demand, fulfilment, storage and webshop integrations

For on-demand production, fulfilment, dropshipping, storage, returns processing and webshop integrations, AJDN records the actual workflow, rates, stock responsibility and integration in writing. The customer remains responsible for retail prices, product information, customer terms, valid addresses and lawful data processing in its own webshop.

Technical integrations may exchange orders, variants, SKUs, statuses and tracking data. The customer grants only the required temporary administrative access and revokes it after installation. AJDN checks production orders for obvious errors and contacts the customer in case of doubt, but does not guarantee that every error in customer or webshop data will be detected.

Stock purchased by the customer belongs to the customer. Uninvoiced blank AJDN stock remains AJDN’s property. Loss, damage, return rates, storage and external carrier claims are handled under the separately confirmed fulfilment arrangements.

12. Liability

Towards business customers, AJDN is liable only for direct loss demonstrably caused by an attributable failure by AJDN. Liability for indirect or consequential loss, loss of profit or turnover, loss of data, reputational damage and claims by the customer’s customers is excluded to the extent permitted by law.

If liability insurance provides cover, liability is limited to the amount paid by the insurer for the event plus the applicable deductible. If no insurance payment is made, liability is limited to the invoice amount excluding VAT of the part of the order to which the loss directly relates.

The limitations do not apply in the event of intentional misconduct or deliberate recklessness by AJDN or its management, death or personal injury caused by an event attributable to AJDN, or to the extent liability cannot be restricted by mandatory law. Liability towards consumers is restricted only to the extent permitted by law.

The customer takes reasonable measures to prevent or limit loss and reports an incident immediately with the information required for investigation.

13. Force majeure

AJDN is not liable for delay or failure caused by circumstances beyond its reasonable control, including failure of power, internet, machinery or carriers, fire, illness-related staff shortages, government measures, strikes, war, major supply disruption or unavailability of materials from suppliers.

AJDN will inform the customer as soon as reasonably possible and seek an alternative where reasonable. Obligations are suspended during the force majeure event. If it lasts so long that continuation is unreasonable, either party may terminate the unperformed part. Work already performed and materials purchased specifically for the order remain payable to the extent permitted by law.

14. Suspension and termination

AJDN may suspend production, delivery, access or cooperation if required information or approval is not provided, communication is structurally impossible, security or integrity risks exist or due invoices remain unpaid. Where appropriate, AJDN first gives the customer a reasonable opportunity to remedy the issue.

In the event of bankruptcy, suspension of payments, business closure, fraud, abuse of staff or systems, or a serious irremediable breach, AJDN may terminate the contract to the extent permitted by law.

15. Privacy, confidentiality and communication

AJDN processes personal data in accordance with its privacy policy. Communication through the AJDN App, email, telephone and WhatsApp is intended for enquiries, orders and existing collaborations. Production and design files are transferred by email or through the secure customer account.

The parties treat non-public business, design, customer and production information as confidential and use it only for the contract, unless disclosure is legally required or necessary to service providers engaged under appropriate arrangements.

16. Governing law and disputes

Dutch law applies to the contract. The parties first attempt to resolve a dispute through consultation.

To the extent the choice of forum is valid, a business dispute will be submitted to the competent court in the Rotterdam district. Consumers may bring or defend proceedings before the court competent under mandatory law and retain any applicable mandatory protection of the country in which they are habitually resident.

17. Final provisions

If a provision is invalid or unenforceable, the remaining provisions continue to apply. The parties will replace the invalid provision with a valid arrangement that reflects its purpose as closely as possible.

AJDN may amend these terms for future contracts. The version provided or available when a contract was concluded remains applicable to that contract unless the parties agree otherwise in writing or an immediate change is required by law.

Questions about these terms may be sent to info@ajdn.com or through the AJDN App.