Terms and Conditions || TulipArt Designs
Article 1
Definitions
1.1. The entity, TulipArt Designs, operates from Schiedam and is officially registered under Chamber of Commerce number 85766925.
1.2. You, as the counterparty, are the second party referenced in these general terms and conditions.
1.3. The term 'Agreement' refers to the contractual arrangement through which I provide you with an online course, direct download, or design product for a specified fee, or when you engage in the purchase of a workshop or design service from me.
Article 2
Applicability
2.1. These general terms and conditions govern all quotations, invoices, agreements, and the subsequent work carried out on your behalf.
2.2. They also extend to third parties enlisted by me to fulfill the terms of the agreement.
2.3. I retain the right to unilaterally modify these general terms and conditions. In such cases, I will provide you with updated terms and conditions, with the latest version always prevailing. If the revisions significantly impact you negatively, you have the option to terminate the agreement.
2.4. Any general (purchasing) conditions on your part are explicitly declined.
2.5. Should any of these provisions be deemed void or partially annulled, the remaining provisions shall remain in force.
Article 3
Quotation or offer
3.1. Any products in your shopping cart that have not been paid for will be automatically removed after 24 hours. Please note that placing physical products in the cart does not reserve them.
3.2. Quotations remain valid for a period of 14 calendar days, unless otherwise specified in mutual agreement.
3.3. By entering into a cooperation agreement, accepting a quote, or placing an order, you acknowledge and accept these general terms and conditions. If you make a purchase through the webshop, it is your responsibility to ensure that you have reviewed and understood the general terms and conditions.
3.4. The images of products, as well as examples of direct downloads and online courses on the website, aim to accurately represent the offerings. Additional descriptions provided in quotations or offers are sufficient for your assessment. However, please be aware that no rights can be derived from the depicted colors or specifications mentioned in the description. This also applies to the content of direct download examples or courses, as the content may be updated by me.
3.5. I cannot be bound to (a specific part of) an offer if it is reasonably evident that it contains an obvious mistake or typo.
3.6. For agreements concluded via the webshop, I implement appropriate security measures for electronic payments, ensuring a secure website and electronic data transfer.
Article 4
Rates and payments
4.1. Agreements are typically set for a specified duration unless otherwise specified.
4.2. Prices for workshops or design assignments are quoted on a project, daily, or hourly basis and are exclusive of VAT. Additional costs are outlined separately in the offer, unless agreed otherwise.
4.3. In the webshop, product prices are displayed inclusive of VAT, excluding shipping costs.
4.4. Estimates of hours required for hourly assignments are provided for planning purposes, and no binding rights can be derived from them.
4.5. Full payment is required in advance for physical products, workshops, digital downloads, memberships, and online courses.
4.6. In the case of a design assignment purchase, a down payment may be requested. Work will commence (or preparations will begin) upon receipt of the agreed down payment.
4.7. The prices communicated at the time of agreement are based on the prevailing price level. For project-based work, rates are customized based on project duration and nature. If circumstances warrant, I reserve the right to adjust prices. Should prices increase within three months and you are a private individual, you have the option to terminate the agreement.
4.8. If, during the agreement's execution, it becomes necessary to allocate more hours than initially agreed for a project, additional hours will be mutually agreed upon. Article 4.7. also applies in this context.
Article 5
Providing Information
5.1. To ensure the smooth execution of the agreement, it's essential that you furnish me with all necessary information, including shipping details, in a timely manner. This obligation extends to design assignments, requiring timely provision of information and input for the design creation process.
5.2. The accuracy, completeness, and reliability of the information provided, including that from third parties, are your responsibility.
5.3. Your data will be treated with utmost confidentiality.
5.4. In the event of inaccurate or untimely information provision leading to non-execution, partial execution, or delays in the agreement, any resultant additional costs will be incurred by you.
5.5. By failing to meet the obligations outlined in this article, you agree to indemnify me against any damages incurred as a result.
5.6. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.
Article 6
Execution of the Agreement
6.1. Hiring me for a workshop or design assignment means embracing my creative freedom, and I undertake the execution of the agreement to the best of my knowledge and abilities. While I make every effort to consider your preferences and the information provided, I cannot be held accountable for instances where the desired result is not achieved.
6.2. It's important to familiarize yourself with my standard drawing style.
6.3. I retain the right to involve third parties in the fulfillment of the agreed-upon work.
6.4. I refrain from undertaking assignments that violate the law or go against the principles of my professionalism.
Article 7
Modifications and Cancellations in Business Agreements
7.1. Should the need arise to modify or supplement the agreed-upon work during the agreement's execution, we will promptly adjust the terms in consultation. If such changes result in increased or decreased workload, an additional quote will be provided. Any impact on costs, quality, or completion time will be communicated to you.
7.2. In the event of unforeseen facts or circumstances affecting the trust relationship, I reserve the right to terminate the agreement. No compensation is owed to you in such cases.
7.3. In the unexpected circumstance of my unavailability, I will notify you at the earliest opportunity. We will endeavor to reschedule the workshop or design (delivery) date through mutual agreement. If rescheduling is not feasible, you have the right to terminate the agreement.
7.4. Should you terminate the agreement based on the above, your payment obligation ceases. I will refund any already paid amount, and you are not entitled to use the design until then, including delivered design concepts.
7.5. If you opt to cancel the agreement before the workshop or concept design submission, cancellation fees apply as follows:
Up to 30 calendar days before the agreed (delivery) date: 20% of the agreed price.
Within 30 to 14 calendar days before the assignment: 30% of the agreed price.
Within 14 to 7 calendar days before the assignment: 40% of the agreed price.
7 calendar days or less before the assignment: 60% of the agreed price.
7.6. In the case of premature cancellation of a design assignment, charges encompass incurred costs, hours worked to date, and 50% of the remaining costs and hours. If a concept has been provided at the time of cancellation, usage rights are not granted unless otherwise agreed.
7.7. If the agreement is canceled after I have commenced designing, I am not obligated to deliver the work until then.
7.8. Requesting a reschedule for a workshop or design assignment incurs associated costs, which will be billed to you. Rescheduling is permissible within two months of the original (delivery) date.
Article 8
Shipping and riturns of physical products
8.1. Usually your order will be shipped between 2-7 working days. The shipping depends on the type of your order and your items. We do our best to ship all our boxes as fast as possible. The delivery time is between 7-21 days. All products are designed especially for you and are made for your order, so please be patient and you will enjoy the perfect products. To keep the items in the best condition, we sometimes have to ship them separately and you will get more then one package and this depends on type of the products you purchased.
8.2. The shipping costs depend on the weight and size of your package. Once you are on the check out stage, you will be able to fill in your destination and the costs will be automaticaly determined just before confirming your order.
8.3. We can ship almost all over the world. Keep in mind that for countries out of EU the shipping time might take longer.
8.4. We gladly accept returns and exchanges. Contact us within 7 days of delivery. Make sure you will ship items back in good shape and well packed in its original box within 14 days of delivery. Once we received the package back at our warehouse, we can pay transfer your money to your banc account. If you would like to cancel your order contact us within 24 hours.
8.5. If your order is custom or personalised, we can't accept returns. Every personalised product is made specially for you and it contains your own text or/and name and you can’t return or exchanged it.
8.6. Buyers are responsible for return shipping costs. If the item is not returned in its original condition, the buyer is responsible for any loss in value.
8.7. Buyers are responsible for any customs and import taxes that may apply. We are not responsible for delays due to customs.
Article 9
Workshops
9.1. Ensure the necessary facilities for on-site workshops, including a microphone, screen, laptop, and a clicker.
9.2. Provide a changing room with water during on-site workshops. For full-day sessions, arrangements for healthy meals are also required.
9.3. Unless otherwise agreed, my on-site presence will be ensured at least 30 minutes before the workshop commencement.
9.4. I retain the right to modify workshop dates and locations. If changes are initiated by me, you have the option to cancel or reschedule free of charge. However, this provision does not apply to on-site workshops.
9.5. Minimum participant requirements may apply for workshops, and if not met, the session may be canceled. In such cases, a refund will be issued. Alternatively, you can choose to participate in a subsequent workshop without additional costs. This provision does not apply to on-site workshops.
9.6. In uncontrollable circumstances preventing offline workshops, I may conduct them online. No refund is applicable unless agreed otherwise. This provision is not applicable to on-site workshops.
9.7. If you cannot attend a workshop, you may resell the proof of purchase, provided new information is communicated in a timely manner and the resale price does not exceed the original purchase price. This provision is not applicable to on-site workshops.
9.8. If you choose not to resell and wish to cancel participation, charges may apply for costs and hours already invested.
9.9. Recording video and sound during workshops is generally prohibited, unless expressly agreed otherwise. However, participants are allowed to record their own work during the workshop. If shared, proper credit mentioning my name is mandatory.
9.10. I reserve the right to exclude participants disrupting the workshop or future activities due to their behavior. Exclusion does not negate the obligation to pay for the relevant workshop costs.
Article 10
Online courses and direct downloads
10.1. Access to an online course is granted upon payment for the respective course. The same applies to the purchase of direct downloads.
10.2. If the entire content is made available at once, the right of withdrawal is excluded, meaning you cannot cancel the purchase for a refund. If content is released incrementally, pro-rata settlement applies in case of interim cancellation, unless the agreement is business-to-business (b2b), where the full payment obligation persists.
10.3. As a third-party platform facilitates the online course, continuous availability at any time or location cannot be guaranteed.
10.4. Information provided during the access term to the online course remains my property. The availability period will be communicated in advance, and it is your responsibility to view and save the material promptly.
10.5. Applying the knowledge gained in the online course is your responsibility, including any consequences.
10.6. Your login details for the online course must not be shared with third parties.
10.7. You acquire a limited, personal right to use the online course content for personal purposes. The content is meant for inspiration, not reproduction. Creating a similar offering within 12 months of completing the course is not permitted.
10.8. I reserve the right to exclude participants engaging in abuse, harassment of others, or other undesirable behavior from further access to the online course. This exclusion right applies even if such behavior is known before you gain access to the course. Exclusion does not negate the obligation to pay for the online course.
10.9. Taking screenshots of the online course is allowed, with limited sharing permitted. In such cases, proper credit mentioning my name is mandatory.
10.10. Creating video recordings of work based on course information is permitted. If shared, proper credit mentioning my name is mandatory.
10.11. I retain the right to expand, limit, or adjust the online course content.
10.12. I am at liberty to remove communications or other shared information without notice if the content justifies their removal.
Article 11
Force Majeure
11.1. Force majeure refers to circumstances beyond our control that impede the agreement's execution, such as illness, accidents, fire, pandemics, epidemics, or government measures. This list is not exhaustive.
11.2. For private individuals, if force majeure or other circumstances hinder agreement fulfillment, obligations will be temporarily suspended until a resolution is found. Both parties reserve the right to terminate the agreement if no suitable solution is reached, without obligation to reverse previous work and incurred costs.
11.3. Entrepreneurs facing force majeure or circumstances preventing agreement completion will reschedule the execution. Payment obligations persist unless otherwise agreed.
11.4. If, due to a pandemic or epidemic, you wish to reschedule work despite government measures allowing passage (in an adapted form or not), associated costs may be charged, as agreed.
Article 12
Liability
12.1. I bear no liability for damages resulting from the agreement, except in cases of intentional or gross negligence.
12.2. Damages arising from work performed based on inaccurate or incomplete information provided by you or on your behalf are not my responsibility.
12.3. Compliance with GDPR and other legal requirements is your responsibility when conducting your work, and I am not accountable for obtaining the necessary consents.
12.4. Actions and acts of third parties and suppliers are beyond my liability scope.
12.5. Handcrafted designs may yield slight variations, and I cannot guarantee an exact match to chosen examples. Imperfections and color differences may occur.
12.6. I cannot be held liable for color variations on uncalibrated monitors or prints supplied by entities other than me.
12.7. Post-delivery, mishandling or improper use of the product absolves me of responsibility for resulting defects. This includes defects arising from alterations made by you or a third party. I am not liable for consequential damages resulting from such defects.
12.8. You are responsible for heeding advice, especially regarding the use of drawing materials.
12.9. For design assignments, if you approve the spelling of any text or names, I am not liable for subsequent spelling errors or other errors in the approved design.
12.10. After delivery of the design, you are responsible for creating a backup.
12.11. If compensation for direct damage is owed, it will not exceed the maximum amount covered by my liability insurance policy. If the insurer does not pay, compensation is capped at twice the agreed-upon price, unless fairness dictates otherwise.
12.12. You indemnify me against any third-party claims arising from work completed or to be completed by me.
Article 13
Product Liability
15.1. In addition to Article 14, the following terms govern product liability for consumer sales, as stipulated by law. I am liable for damages resulting from a defect in my product, limited to cases of physical injury, death, and damage to another item intended for private use, exceeding 500 euros, caused by the defective product.
15.2. A product is considered defective if it fails to meet expected safety standards. Safety is assessed based on the product's presentation, reasonably anticipated use, and the time of introduction into the market. The presence of a superior product in the market does not render my product defective.
15.3. If you, as a private individual, experience damage as described in paragraph 1, you must prove the damage, defect, and the causal link between the defect and the damage.
15.4. My liability is excluded if legal exceptions apply, including:
The product was not put into circulation by me.
It is unlikely that the defect causing the damage existed when the product was circulated. This also applies if the defect likely emerged later, considering the circumstances.
The product was not manufactured for sale or any economic purpose, and it was not commercially circulated.
The defect results from compliance with mandatory government regulations.
The defect was impossible to detect based on scientific and technical knowledge available at the time of circulation.
15.5. If damage results from both the product defect and your own actions, my liability may be reduced or eliminated, unless the damage stems from both the defect and a third party's actions.
Article 14
Dispute Resolution
14.1. These general terms and conditions are governed by Dutch law.
14.2. In the event of a dispute, our first attempt will be to resolve it through consultation. Legal recourse will only be sought if consensus cannot be reached.
14.3. Disputes will be brought before the competent court in the district where I am located, unless the law stipulates otherwise.
14.4. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the than current Terms of Use to which you are bound.
info@tulip.art
1st March 2023