Page - General Terms and Conditions
Article 1 – Definitions
For these Terms & Conditions the following definitions apply:
- Withdrawal period: The period during which the consumer can exercise their right of withdrawal;
- Consumer: a person or organization that purchases and / or uses a commodity or service;
- Client: a person or organization that receives a service from a professional person or organization;
- Day: calendar day;
- Duration transaction: a distance contract concerning a range of products and / or services where the supply and / or purchase is spread over time;
- Durable medium: any means that the consumer or business that enables them to store information in such a way that future consultation and unaltered reproduction of the stored information is possible;
- Right of withdrawal: the ability for the consumer to waive the distance contract within the cooling-off period;
- Entrepreneur / Designer: the natural or legal person who offers products and / or services to consumers;
- Distance contract: an agreement in the framework of a system organized by the Entrepreneur for sale of products and / or services, to conclude the agreement exclusive use of one or more means of distance communication;
- Technology for distant communication: means that can be used to conclude a contract, without the consumer and trader being in the same location.
Pertaining to Design services:
- Client Content: all materials, information, photography, writings and other creative content provided by Client for use in the preparation of and/or incorporation in the Deliverables.
- Deliverables: the services and work product specified in the proposal to be delivered by Designer to Client, in the form and media specified in the Proposal.
- Final Art: all creative content developed or created by Designer, or commissioned by Designer, exclusively for the Project and incorporated into and delivered as part of the Final Deliverables, including and by way of example, not limitation, any and all visual designs, visual elements, graphic design, illustration, photography, animation, sounds, typographic treatments and text, modifications to Client Content, clothing, clothing accessories, and Designer’s selection, arrangement and coordination of such elements together with Client Content and/or Third Party Materials.
- Final Deliverables: the final versions of Deliverables provided by Designer and accepted by Client.
- Preliminary Works: all artwork including, but not limited to, concepts, sketches, visual presentations, or other alternate or preliminary designs and documents developed by Designer and which may or may not be shown and or delivered to Client for consideration but do not form part of the Final Art.
- Trademarks: trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables to designate the origin or source of the goods or services of Client.
Article 2 – Identity of the Entrepreneur / Designer
2512 XA The Hague
Chamber of Commerce number: 58075313
VAT identification number: NL142139579B01
Article 3 – Applicability
These general conditions apply to every offer of the entrepreneur and any agreement concluded at a distance between businesses and consumers.
Before the contract is concluded, the text of these general conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is closed, they will be sent as soon as possible free of charge on request of the consumer.
If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions will be made available electronically to the consumer in a way that can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, they will be sent free of charge on request of the consumer
Article 4 – The offer
If an offer is of limited duration or subject to conditions, it will be explicitly stated in the offer.
The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each offer contains such information that is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
any costs of delivery;
how the agreement will be achieved and what actions are required;
whether or not to apply the right of withdrawal;
the method of payment, delivery or performance of the contract;
the deadline for accepting the offer, or the period for adhering to the price;
the level of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate for the communication;
whether the contract is filed after conclusion, and if so, how this can be accessed by the consumer;
any other languages, including Dutch, the contract can be concluded ;
the conduct to which the trader is subject and the way the consumer can consult these behavioral codes electronically;
and the minimum duration of the distance contract in the event of an extended transaction.
Article 5 – The contract
The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepting the offer and meeting the corresponding conditions.
If the consumer has electronically accepted the offer, the trader will immediately confirm receipt of electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the contract.
The entrepreneur will make the following information available to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
- the visiting address of the establishment of the business where the consumer can lodge complaints;
- the conditions and how the consumers of the withdrawal right can be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
- information on guarantees and after sales service;
- the data contained in Article 4 paragraph 3 of these conditions, unless the trader has already provided before the execution of the agreement that information to the consumer;
- the requirements for termination of the contract if the contract is for more than one year or for an indefinite duration.
In the event of an extended transaction the provision in the preceding paragraph shall apply only to the first delivery.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to cancel the agreement within 14 days without giving any reason. This period starts on the day following the receipt of the product by the consumer or as previously designated by the consumer and the entrepreneur / representative.
During this period the consumer will treat the product and packaging with the utmost care. They will only unpack or use the product as necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur in accordance with the provided instructions.
Article 7 – Costs in case of withdrawal
If the consumer exercises their right of withdrawal, it will not exceed the cost of return shipping cost.
If the consumer has paid an amount, the entrepreneur will return this amount as soon as possible, but no later than 30 days after the return or cancellation refund.
Article 8 – Exclusion of right of withdrawal
The operator may exclude the right of withdrawal from the consumer to the extent provided in paragraph 2 and 3. The exclusion of the right of withdrawal applies if the time limit of withdrawal has passed.
Exclusion of the right of withdrawal is only possible for products:
- which have been made to the consumer’s specifications by the entrepreneur;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that spoil or age quickly;
- whose price depends on fluctuations in the financial market over which the trader has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software that the consumer has broken the seal.
Article 9 – The price
During the period mentioned in the offer, the prices of the products and / or services will not increase, except for price changes due to changes in VAT rates.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or stipulations.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader stipulated as much and:
- these are a result of legislation or regulations , or
- the consumer has the power to terminate as of the date the increase takes effect.
Article 10 – Compliance and Warranty
The trader guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and existing on the date of the conclusion of the agreement existing legal provisions and / or government regulations.
Article 11 – Delivery and execution
The place of delivery is the address of the consumer that is known to the company.
Subject to what is stated in Article 4 of these terms and conditions the entrepreneur will deliver within 30 days unless a longer delivery period was specified.
In case of dissolution, the operator will refund the amount that consumers have paid as soon as possible, within 30 days or longer if agreed.
Article 12 – Payment
Unless otherwise agreed between the entrepeneur and consumer in writing, the invoice has to be paid in full before the ordered product and / or service is to be delivered/provided by the entrepeneur.
The consumer has the duty to report inaccuracies in data supplied or specified payment details to the entrepeneur immediately.
Article 13 – Complaints
Complaints about the implementation of the agreement should be submitted to the entrepreneur, after the consumer has discovered the defects. The consumer must promptly, fully and clearly describe the issues.
Complaints submitted to the trader will be answered within 14 days counting from the date of receipt. If a complaint requires a foreseeable longer processing time, the consumer will be informed of this within the period of 14 days with an indication of when the consumer can expect the issue to receive a more comprehensive reply.
Article 14 – Disputes
Contracts between the entrepreneur and the consumer of these general terms and conditions fall under Dutch law.
Article 15 – Rights to Design Deliverables other than Final Art
Designer retains all rights in and to all Preliminary Works. Client shall return all Preliminary Works to Designer within thirty (30) days of completion of the Services and all rights in and to any Preliminary Works shall remain the exclusive property of Designer.
Designer retains all right and title in and to any original artwork comprising Final Art, including all rights to display or sell such artwork. Client shall return all original artwork to Designer within thirty (30) days of completion of the Services.
Upon completion of the Services and expressly conditioned upon full payment of all fees, costs and out-of-pocket expenses due, Designer assigns to Client all ownership rights, including any copyrights, in and to any artworks or designs comprising the works created by Designer for use by Client as a Trademark. Designer shall cooperate with Client and shall execute any additional documents reasonably requested by Client to evidence such assignment. Client shall have sole responsibility for ensuring that any proposed trademarks or Final Deliverables intended to be a Trademark are available for use in commerce and federal registration and do not otherwise infringe the rights of any third party. Client hereby indemnifies, saves and holds harmless Designer from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by any third party alleging any infringement arising out of Client’s use and/or failure to obtain rights to use or use of the Trademark.
Article 16 – Rights to Final Art
Designer will present Client with the following ownership options for Final Art:
- A-License: either limited usage, exclusive license with no modification rights, or exclusive license with modification rights – all licenses include liquidation for unlicensed use.
- B-Assignment: Upon completion of the Services, and expressly subject to full payment of all fees, costs and expenses due, Designer assigns to Client all right, title and interest, including without limitation copyright and other intellectual property rights, in and to the Final Art. Designer agrees to reasonably cooperate with Client and shall execute any additional documents reasonably necessary to evidence such assignment.
Article 17 – Additional or different terms
Additional or different terms from these terms should not be to the detriment of the consumer and should be recorded in writing in such a way that they can be stored on a durable medium and accessible to the consumer.