TERMS AND CONDITIONS [REV. 1.2 - 06/09/2014]
A website, webshop and design studio needs Terms and Conditions. The full legal text and all information can be found below. We from & designshop want to tell you we are an honest company founded by honest people who believe in honest products, which results in a healthy relationship and the best possible outcome. Your order is safe with us. If you want to know all the details please read our full Terms below, if you have any questions feel free to contact us. Happy shopping!
For the specific terms and conditions regarding our design studio and projects, please read more from SECTION 14 onward.
We are an international focussed company so all documents are written in English. If needed you can request a Dutch translation of these terms & conditions, which we will provide soon thereafter.
IDENTITY OF THE TRADER
KvK (Chamber of Commerce): 52669378
BANK: ING 6061112
This website is made by and operated by & designshop. Throughout the site, the terms “we”, “us” and “our” refer to & designshop. & designshop offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions. These Terms and Conditions apply to all users of the site.
If you want to know everything about our site and the rules we work with please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
All of our products are made with excellent quality materials en techniques. In any situation where you are not satisfied with the product you’ve ordered please contact us, so we can resolve any issue in good communication.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over all used networks. Credit card information is only visible to the credit card handler is is never in our possession.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
All images and other content is bound by copyright which belongs to & designshop, unless otherwise stated for individual parts of information or images. Any reproduction in digital or physical form without communicating this with us and our absolute consent is strictly forbidden. If copyright is breached we will have to report this to our legal partners which will start up a legal procedure.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. If you have any doubt on information available through this website or have any questions please contact us directly to get the best answer possible.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
If you find any other store on- or offline that offers the same product or service for a lower price, the price stated on our site will be valid. If any of these prices has been wrongly placed and/or are wrong on our site we have the right to correct them at any time.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall & designshop, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
STUDIO & PROJECTS
SECTION 14 - FINANCE
Before the start of a project an offer is made that includes all fees and activities covered by these fees. After approval of these fees and activities the project can start but only after a down payment of 50% of the total fee for that phase.
A project typically consists of several phases, before the start of each phase the above mentioned down payment of 50% has to be made and received in out bank account. The payment for the second 50% has to be fullfilled within 2 weeks (14 days) after our delivery of the requirements for that phase. If there is a next phase, that phase can only start after the payment of the second 50% of the previous phase and the down payment of 50% for the successive phase at hand.
A project is finished and can be closed after all phases have been completed and all fees have been paid in full.
SECTION 15 - DESIGN RIGHTS
All services provided by our studio shall be for the exclusive use of the client other than for the designer’s promotional use. Upon payment of all fees, the following (re)production rights for all approved final designs created by us for the project shall be granted:
- Client to gain full transferable rights to the complete design
- Client to gain full license to reproduce the products based on this design in collaboration with a producer/factory to his liking/judgement.
- Client to gain full rights over imagery made of said design made during the course and within the bounds of the project.
The client shall be entitled to full ownership of all final designs and drawings created during the project upon full payment of the agreed fee.
Some projects require third parties to produce mockups and/or final products based on the design to be delivered to the client. The producer will be given temporary rights to do so by us. When all fees have been paid the client can use their claimed rights to control the production with the producer used during the proces or choose one that fits their needs in a better way.
Some projects require a specific adaptation of these terms which will be stated clearly before the start of the project.
SECTION 16 - PROJECT BOUND GOODS
If physical products are part of the project, like items that complete a home, office, retail space and/or other location of/for the client, these will be specified in a seperate offer. After approval of the product(s) needed and a down payment of 50% of the total price for these items, the products will be ordered by us.
Products purchsed for and delivered by us, on client specified location, in favor of the project, shall always remain the property of & designshop.
This retention of title shall end and the products shall be regarded as having become the property of the client only if and insofar as the client has paid us all that which it owes in the project fees described above.
For so long as & desingshop remains the owner of the goods delivered, the client shall be obliged to ensure that the goods are stored and handled with the due care and the client shall not be entitled to hand over these goods or any part thereof to third parties.
Should the client be in default in respect of payment to & designshop, or should the client act in violation of the obligations incumbent upon it with regard to the delivered goods which are still the property of & designshop, & designshop shall be entitled, once a notice of default has been issued, to take back or reclaim these goods, in whole or in part, depending on the amount of & designshop's claim against the client.
Insofar as the goods which have come back in this way are unused, entirely undamaged and are furthermore regarded by & designshop as entirely readily resellable, & designshop shall refund the invoice value to the client after deducting the costs incurred by it in respect of taking back the goods.
Should the two conditions referred to above not have been fulfilled and the goods can therefore no longer be regarded as new or readily resellable, & designshop shall, in the first instance, estimate the current market value of these goods and notify the purchaser of the result, also indicating the costs which will be deducted from the proceeds. In general all goods, which return or are taken back by & designshop in the above mentioned occasion, will loose value upon unpacking by the client and when used by client can only be resold to other parties by & desingshop under a "showroom" condition, which in general results in a discount of 40% of invoice value. Specific circumstances should be investigated and/or an external independent expert should be appointed to determine the possible deviation of the general percentage of devaluation.
SECTION 17 - LIABILITY
& designshop will do everything in it's power to deliver a project that meets all the requirements stated in the project and activities, though we deliver a project/product design only on visual basis often paired with detailled instructions of production but cannot be held responsible for the operation and/or functioning of the product. A chosen producer and or other specific company responsible for engineering of this project/product is always needed to ensure producibility and safety of the final product.
If for any reason a project/product fails in production and or in final use, and harms/injures the client, any employee of the client and/or any third party involved and or sold the product to by the client, we cannot be held responsible for the costs to cover this harm/injury, and or costs for third parties claiming this harm/injury on behalf of the client and/or third party involved.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless & designhop and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 21 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the European Union.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us, so we can solve any issue you possibly have with them.