Terms and Conditions

Article 1 - Definitions

1. Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.

2. Consumer: The natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.

3. Distance contract: An agreement where, in the context of a system organized by the entrepreneur for the distance selling of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement.

Article 2 - Identity of the entrepreneur

Entrepreneur name: ByAnne

Email address: info@byanneillustrator.com

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.

Article 4 - The offer

1. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer.

2. Obvious mistakes or errors in the offer do not bind the entrepreneur.

3. Every offer contains such information that it 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 delivery costs;

the manner in which the agreement will be concluded and what actions are required for this;

the method of payment, delivery, and execution of the agreement.

Article 5 - The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set therein.

2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically.

As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.

3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment.

4. Within legal frameworks, the entrepreneur can inform themselves whether the consumer can meet their payment obligations, as well as of all those facts and factors that are important for responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.

Article 6 - Right of withdrawal

The entrepreneur's products are personalized and made to measure. Therefore, the right of withdrawal does not apply to these products.

Article 7 - The price

1. During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices.

Article 8 - Conformity and Guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.

Article 9 - Delivery and execution

1. The entrepreneur will observe the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

2. The address that the consumer has made known to the entrepreneur is the place of delivery.

3. With due observance of what is stated about this in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will receive notification of this no later than 30 days after they placed the order. In that case, the consumer has the right to dissolve the agreement without costs.

Article 10 - Payment

1. Insofar as not otherwise provided for in the agreement, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement.

2. The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.

Article 11 - Intellectual property and copyright

1. All illustrations delivered by the entrepreneur, including personalized line drawings, are protected by copyright.

2. The consumer acknowledges that the intellectual property rights of the illustrations remain with the entrepreneur.

3. The consumer is not permitted to reproduce, distribute, make public, or use the illustrations in any other way without the express written permission of the entrepreneur.

4. In case of copyright infringement, the entrepreneur reserves the right to take legal action and claim damages.

Article 12 - Complaints procedure

1. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.

2. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will answer within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

Article 13 - Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law.

2. Disputes between the consumer and the entrepreneur regarding the conclusion or execution of agreements related to products and services to be delivered or delivered by this entrepreneur can, with due observance of the following, be submitted by both the consumer and the entrepreneur to the Disputes Committee.

Article 14 - Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 15 - Online store

General

Ordering process

1. The consumer selects the desired products and/or services and places them in the shopping cart.

The consumer checks the order and enters the required contact and shipping information.

The consumer selects the desired payment method and completes the order by paying.

2. The entrepreneur offers products and services via an online store on the entrepreneur's website.

The consumer can order products and services by following the ordering process on the website.

3. Order confirmation

After placing an order, the consumer receives a confirmation by email with an overview of the ordered products and/or services, the total costs, and the expected delivery time.

If the consumer does not receive a confirmation, they must contact the entrepreneur.

4. Availability of products

All products are subject to availability. The entrepreneur makes every effort to accurately display the availability of products on the website.

If a product is out of stock, the entrepreneur will inform the consumer and, if possible, offer an alternative product or cancel the order and refund the paid amount.

5. Prices and payments

The prices on the website include VAT, unless stated otherwise.

The entrepreneur reserves the right to change prices, but price changes will not affect orders that have already been placed and confirmed.

Payment can be made via the available payment methods on the website, such as iDEAL, credit card, and other electronic payment methods.

6. Delivery

The entrepreneur strives to deliver orders within the stated delivery time. The delivery time may vary depending on product availability and the consumer's location.

Deliveries are made to the address provided by the consumer during the ordering process.

7. Returns and exchanges

Personalized and custom-made products are excluded from the right of withdrawal and cannot be returned or exchanged.

For non-personalized products, the consumer has the right to cancel and return the order within 14 days of receipt, provided the products are in their original condition and packaging.

The costs for return shipping are for the consumer's account, unless otherwise agreed.

8. Customer service

For questions, comments, or complaints, the consumer can contact the entrepreneur's customer service via the provided email address.

Article 16 - Protection of personal data

1. Collection and use of personal data

The entrepreneur processes the consumer's personal data in accordance with applicable data protection laws and regulations, including the General Data Protection Regulation (GDPR).

The personal data provided by the consumer when placing an order is used for processing and delivery of the order, providing information about the order, and for administrative purposes.

The entrepreneur only collects the personal data necessary for the execution of the agreement and the provision of the services requested by the consumer.

2. Data security

The entrepreneur takes appropriate technical and organizational measures to protect the consumer's personal data against loss, theft, or unauthorized access.

The entrepreneur does not retain personal data longer than necessary for the purposes for which it was collected or as required by law.

3. Sharing data with third parties

The entrepreneur only shares the consumer's personal data with third parties insofar as this is necessary for the execution of the agreement and the delivery of the services.

The entrepreneur may share personal data with payment service providers, delivery services, and other parties involved in the execution of the order.

The entrepreneur will not sell or rent personal data to third parties without the consumer's express consent.

4. Consumer rights

The consumer has the right to access, correct, delete, or limit the processing of their personal data. Additionally, the consumer has the right to data portability.

The consumer can submit a request for access, correction, deletion, or limitation of processing to the entrepreneur via the provided email address.

The entrepreneur will respond to the consumer's request as soon as possible, but no later than within four weeks.

5. Cookies

The entrepreneur uses cookies on the website to improve the functionality of the website and increase ease of use for the consumer.

The consumer can adjust cookie settings in the web browser, but disabling cookies may limit the website's functionality.

Contact details

For questions about the processing of personal data, the consumer can contact the entrepreneur via the following email address: info@byanneillustrator.com.

Article 17 - Liability and Indemnification

Limitation of Liability

1. The entrepreneur is not liable for any damage arising from or related to the use of the delivered products and/or services, unless the damage is the result of intent or gross negligence on the part of the entrepreneur.

The entrepreneur is not liable for indirect damage, including but not limited to consequential damage, lost profits, missed savings, and business stagnation damage.

2. Force majeure

The entrepreneur is not liable for any damage resulting from failure or late fulfillment of obligations due to force majeure. Force majeure is defined as any circumstance beyond the entrepreneur's control that prevents the fulfillment of obligations towards the consumer in whole or in part.

In case of force majeure, the entrepreneur will inform the consumer of this as soon as possible, and the parties will consult on a suitable solution.

3. Indemnification

The consumer indemnifies the entrepreneur against all claims from third parties related to the execution of the agreement, insofar as these claims are not the result of intent or gross negligence on the part of the entrepreneur.

The consumer indemnifies the entrepreneur against all liability and costs resulting from the use of the products and/or services by the consumer in violation of these general terms and conditions or applicable laws and regulations.

4. Appearance

The entrepreneur is not responsible for errors or mistakes in the information, images, or descriptions on the website, social media, or other communication channels. Obvious mistakes or errors do not bind the entrepreneur.

The consumer acknowledges that colors and shapes of the delivered illustrations may differ from the display on the screen, depending on the settings of the consumer's device.