GENERAL TERMS AND CONDITIONS 2024

These are the terms and conditions of Illustrator under a blankie (hereinafter the “Terms and Conditions”),

established in Gorssel, the Netherlands, at Parallelweg 10 represented by Esther Bennink, and

registered at the Dutch Chamber of Commerce (KvK) under registration number 80271480,

VAT number NL003416430B39.

ARTICLE 1: DEFINITIONS AND APPLICABILITY

1.1 In the General Conditions “Client” means the other party and/or client who

has entered into an agreement with Illustrator under a blankie (hereinafter: the “Artist”).

Artist additionally uses resellers (hereinafter: the “Reseller”). Artist and Client

and/or Reseller shall hereinafter jointly be referred to as “Parties”.

1.2 The General Terms and Conditions form an inseparable part of the agreement (hereinafter: the

“Agreement”) between Customer or Reseller and Artist in which the transfer and delivery

of the products made by Artist (hereinafter: the “Products”), including but not limited to

limited to cards, puzzles, lamps and other products in which the drawings and/or

paintings by Artist have been incorporated, as well as (in the case of Reseller) the resale

thereof is set out in writing. In case of conflict between the provisions of the Agreement

and the provisions of the General Terms and Conditions, the provisions of the Agreement shall prevail.

1.3 The applicability of general terms and conditions used by the Client and/or Reseller is

expressly rejected by Artist.

ARTICLE 2: FORMATION OF THE AGREEMENT

2.1 Artist’s offer relates to the Products for sale in Artist’s webshop.

The Client is aware that he/she enters into an obligation to pay and therefore an agreement with

Artist in respect of the Products ordered.

2.2 With respect to Products purchased by Reseller with the purpose of reselling them

deviating conditions apply as set out in Article 3 of the General Terms and Conditions.

ARTICLE 3: RESELLERS

3.1 After Artist has granted written permission to Reseller, Reseller is

entitled to resell the Products to third parties and, as official reseller, to have access to the product

to the product page(s) of the webshop of Artist.

3.2 The Reseller must, prior to obtaining permission from Artist, be registered with

Chamber of Commerce or similar foreign authority. When applying to become a reseller

become a reseller, the Chamber of Commerce number and VAT ID must be specified. Given that the Reseller is entering into the

Agreement was concluded in the course of his profession and/or business, consumer law shall not apply to the

consumer law does not apply to the Agreement between Artist and Reseller.

3.3 The Reseller is entitled to place large orders via the product pages for the

resale in own shops or webshops, whereby the minimum order value must be €50 (excl. VAT and

shipping costs) and there must be at least the minimum order quantity per product type as indicated on the product page.

minimum quantity per product type must be purchased.

3.4 “The Reseller shall take into account the resale price recommended by the Artist 

(hereinafter: the “Recommended Price”), as stated in the Artist’s webshop. The Reseller is 

permitted to deviate from the Recommended Price in proper consultation with the Artist. 

Legal acts other than transfer of ownership in respect of the Products, including 

but not limited to renting, lending or auctioning the Products, 

are only permitted without the prior written consent of Artist.” Other

legal acts other than transfer of ownership in respect of the Products, including but

not limited to renting out, giving on loan or auctioning the Products, are not permitted

without the prior written consent of Artist.

3.5 The consent referred to in Article 3.1 may be revoked at any time at the discretion of

Artist (hereinafter: the “Revocation”), with which Reseller’s access to

the product page(s) is denied.

ARTICLE 4: DELIVERY AND RETURN POLICY

4.1 Upon receipt of payment for the Products from the Client and/or Reseller, Artist will ensure

for the delivery of the Products to the Customer and/or Reseller. The shipment of the Products

shall in principle take place within three (3) days. In the event that shipment takes place later, the

Customer and/or Reseller as soon as possible of the new shipment date.

4.2 The Customer and/or Reseller is responsible for providing the correct delivery address.

delivery address. Artist is not liable for providing an incorrect or invalid

address by the Customer and/or Reseller for the delivery of the Products and the costs for

re-shipment of the Products cannot be recovered from Artist, but in this

in that case for the Client and/or Reseller.

4.3 The Client who is a consumer is entitled to terminate the Agreement with Artist during

a cooling-off period of fourteen (14) days after the purchase of the Products via the webshop of the

Artist, without giving reasons. After expiry of the cooling-off period the

returning the Products is no longer permitted.

4.4 The Client invoking the aforementioned right of withdrawal shall return the purchased Products

returned in their original state within the fourteen day withdrawal period

to the specified return address of the Artist. The Artist will check the return shipment for

possible defects and/or traces of use. In the event of approval of the return shipment and

determination of the absence of defects and/or traces of use, the Customer will receive, within

fourteen days the amount paid for the returned Products into his/her account.

4.5 Notwithstanding articles 4.3. and 4.4. of the General Conditions, the aforementioned

right of withdrawal does not apply to Resellers or Customers who purchased the Products in the context of and/or in

connection with and/or in the exercise of their profession and/or business. For Resellers and/or

aforementioned business Customers, the return of the Products is not possible.

ARTICLE 5: INTELLECTUAL PROPERTY

5.1 All intellectual property rights, such as copyrights, including but not limited to the

rights described in Articles 45a through 45g of the Copyright Act, and/or neighbouring rights, which rest

to the Products (hereinafter: the “Intellectual Property Rights”) accrue exclusively to

Artist. Even after the sale of the material products in which copyrighted

works (hereinafter: the “Works”) have been incorporated, recorded or of which the Works are otherwise part

part, the rights in respect thereof shall remain with Artist.

5.2 The Client, not being part of the official resellers of Artist, may only use the Works for

personal, non-commercial purposes and in accordance with the nature and the

purpose of use of the relevant product in which the copyrighted Work is

incorporated, use. Without the consent of Artist, commercial use of the

Works by the Customer is expressly prohibited. Any reproduction, copy, publication and/or any other

use, whether in modified form or not, of the Products must be in accordance with the

Permitted Use, unless approved in writing by Artist.

5.3 If the Client wishes to use or exploit the Works commercially, the Client must

request written permission from Artist to be considered a Reseller. After

obtaining the aforementioned permission, Article 3 and Article 5.4 of the General

Terms and Conditions apply to the legal relationship between Artist and Client, being Reseller.

5.4 Reseller will acquire a non-exclusive licence for the duration of the Agreement with Artist

to (re)sell the Products in which the Works are fixed, processed or

of which the Works are otherwise part, in his/her own shop or webshop, under

the conditions set out in Article 3 of the General Terms and Conditions.

5.5 Copying, producing and/or otherwise reproducing the Products or the Works that have been

Works that have been recorded, processed or are otherwise part of the Products, by Reseller, without

Reseller, without the express written consent of Artist is under no

permitted under any circumstances. Acting contrary to this Article 5 of the General

Conditions by Reseller, and thereby in breach of the Agreement and/or the provisions of

the Copyright Act, will – notwithstanding the right of Artist to claim damages

– result in revocation within the meaning of Article 3.6 of the General Terms and Conditions.

5.6 Neither the Client nor the Reseller is permitted to use the photographs on the website and/or social

media channels of Artist, on which Artist is depicted, in any context whatsoever, without

permission of Artist and whether or not in modified form, to use, disclose

or reproduce. Acting in breach of this provision may – notwithstanding the right

of Artist to claim damages or make other claims –

result in revocation within the meaning of Article 3.6 of the General Terms and Conditions.

ARTICLE 6: LIABILITY AND INDEMNITY

6.1 Artist shall only be liable for direct damage to the extent of gross negligence

or negligence and on the understanding that this liability is at all times limited to the

value of the Agreement.

6.2 Customer and/or Reseller is liable for all damage suffered by Artist in the

performance of the Agreement, including but expressly not limited to

consequences of delay damages. Customer and/or Reseller shall also indemnify Artist for claims of

third parties in this connection.

6.3 Artist can never be held liable for damage, of whatever nature, that is

caused by external service provider(s) who in the execution of the Agreement between the

Artist and Customer and/or Reseller have been engaged, including but not limited to

courier companies, parcel delivery companies, storage and warehouse operators and/or printers. If a

service provider wishes to limit its liability, the Artist accepts such limitation

on behalf of the Customer and/or Reseller.

6.4 In the event that the Customer, being a consumer, invokes the right of withdrawal and

in accordance with Article 4.4 of the General Terms and Conditions, sends the Products back to

Artist, Artist is not liable for (the course of) the return shipment, including

but not limited to improper packaging of the Products by the Client, the

defective delivery and/or delivery by the courier company engaged by the Client and/or

the sending of the Products to an incorrect address by the Customer. The Client indemnifies

Artist for all claims on this account.

ARTICLE 7: FORCE MAJEURE AND UNFORESEEN CIRCUMSTANCES

7.1 In these general terms and conditions, an attributable shortcoming shall not mean all

external causes, foreseen or unforeseen, which the Artist cannot influence

influence and as a result of which she is no longer able to fulfil her obligations.

7.2 Force majeure and unforeseen circumstances on the part of the Artist shall in any case include

case, but not exclusively, includes: a case of force majeure is defined as any

circumstance, act, event, omission or accident beyond the reasonable control of

the Party, whether or not foreseeable at the time of entering into the

Agreement, which prevents, delays or delays the performance by the Party of any of its obligations under the

Agreement prevents, delays or impedes, including but not limited to fire

earthquake, flood, strike or lockout or other labour dispute, epidemic, pandemic

(including but not limited to COVID-19), war or armed conflict, act of terrorism,

any local, state, federal, national or international law, governmental order or regulation

(including but not limited to any applicable governmental advice in the field of

public health relating to epidemics and pandemics, including COVID-19),

breach of contract by a third party or any order or other material interference with the Party’s work

or any other event beyond the Party’s control (hereinafter “Force Majeure Event”).

7.3 Artist shall not be deemed to be in breach of the Contract if

there is a Force Majeure Event, and shall not be liable for any failure to perform or delay in performing

its obligations under the Agreement caused directly or indirectly by

Force Majeure. In such an event, Artist’s obligations under the

Agreement shall be suspended until the Force Majeure has passed and Artist is able to carry out the

of the Agreement to continue.

7.4 In the event of permanent force majeure on the part of Artist, Artist shall be obliged to inform Customer and/or Reseller

notify the Customer and/or Reseller thereof as soon as possible and the Customer and/or Reseller is entitled to terminate the

Agreement with immediate effect, whereby the payment obligation of Customer

and/or Reseller of the Products already delivered and (if applicable) will continue to apply pro rata.

ARTICLE 8: TERMINATION

8.1 Notwithstanding the provisions of Article 4.3 of the General Conditions, the

Agreement cannot be terminated prematurely.

8.2 Artist is entitled to terminate the Agreement with immediate effect and/or to suspend the

suspend the performance of its obligations under the Agreement, without prejudice to the right

of the Artist to claim damages, after prior written

notice to the Customer in the event that:

a. the Customer and/or the Reseller materially fails to perform its obligations and

such failure has not been remedied within fourteen (14) days of receipt of a

written communication from Artist specifying the default and

requesting that it be remedied;

b. there is Force Majeure on the part of Artist or on the part of the Client

and/or Reseller;

c. there are circumstances, not being Force Majeure, which at the time of entering into the

Agreement could not be foreseen and which make (further) performance of the Agreement

impossible or unreasonable;

d. one of the Parties is dissolved, liquidated, discontinued or transferred to a foreign country, or a decision is taken to that effect.

abroad, or a decision to that effect is taken and/or one of the Parties submits a

files for bankruptcy or suspension of payments and/or one of the Parties is declared bankrupt or is granted a suspension of payments.

is declared bankrupt or is granted suspension of payments; and/or

e. any event which under the law of the jurisdiction of the Netherlands is analogous to the events referred to in this

article.

8.3 Customer and/or Reseller is only entitled to terminate the Agreement prematurely if there is

there is force majeure and Artist is unable and/or fails to perform as a result of

of Force Majeure, which makes it so unreasonable for the Customer and/or Reseller to perform the

Agreement (further) to perform and/or be bound by it. A material

failure does not mean an announced delay, postponement and/or suspension of

shipment of the Products by Artist due to an event of force majeure and/or

other unforeseeable circumstances and/or a material default by the Customer in the

performance of the Agreement within the meaning of clause 7.4 of the General Terms and Conditions.

8.4 If either Party terminates the Agreement prematurely pursuant to clause 8.2 and/or

8.3 of the General Conditions, the Customer and/or Reseller is obliged to return the Products to which the

Agreement related to return to Artist in their original condition,

unless the Products had not yet been dispatched to the Customer and/or

Reseller. Provided that the Products are still in their original condition after receipt of the return shipment

condition, the Customer and/or Reseller will receive a full refund of the amount paid for the Products.

paid for the Products.

ARTICLE 9: PERSONAL DATA

9.1 In carrying out the Agreement, Artist shall process the personal data of Customer

and/or Reseller (hereinafter: the “Personal Data”) within the meaning of the General Regulation

Data Protection Act (AVG) and in accordance with the Privacy Policy of Artist.

9.2 This includes the obligation for the Artist to conclude with the Client and/or Reseller

enter into processor agreements, if required by law. Artist also guarantees

that the personal data are stored securely and in accordance with the statutory retention periods.

stored. If and to the extent that there is an unexpected security breach

that accidentally or unlawfully leads to the destruction, loss, modification or unauthorised

unauthorised provision of or access to personal data transmitted, stored or otherwise processed (hereinafter: “personal data”).

otherwise processed personal data (hereinafter: data breach) obtained in the context of the Engagement

obtained, Artist shall immediately, but no later than within

twenty-four (24) hours after discovery and notify the applicable laws and

regulations of the Personal Data Authority with regard to data breaches – in proper consultation with

Customer and/or Reseller – without delay.

ARTICLE 10: OTHER PROVISIONS

10.1 The parties declare that they are both fully authorised to enter into the Agreement.

10.2 Parties may only transfer the obligations under the Agreement with the prior

written consent of the other Party to a third party.

10.3 If one or more individual provisions in the Agreement or the General

10.3 If one or more individual provisions of the Agreement or the General Conditions prove to be invalid, this shall not affect the validity of other provisions of the Agreement or the General Conditions.

the Agreement or the General Terms and Conditions. The parties will replace the

replace the provision(s) in question by one or more new provisions, the purport of which corresponds as far as possible to the original provision(s).

correspond as closely as possible with the original provision(s).

10.4 The Agreement and the General Conditions are governed by Dutch law. All

disputes that (will) arise between Customer and/or Reseller on the one hand and Artist on the other hand,

arising from or in connection with (the performance of) the Agreement as well as in connection

these General Terms and Conditions, shall be settled by the competent court of the

Gelderland District Court.