General terms and conditions

Article 1 – Definitions In these terms and conditions the following terms shall have the following meanings:
1. DOUWEDRAWS.: the company DOUWEDRAWS. BV;
2. Buyer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with DOUWEDRAWS.;
3. Distance contract: an agreement whereby, within the framework of a system organised by DOUWEDRAWS. for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
4. Right of withdrawal: the possibility for the Buyer to cancel the distance contract within the cooling-off period;
5. Durable medium: any instrument which enables the Buyer or DOUWEDRAWS. to store information addressed personally to him in a way accessible for future consultation and which allows the unchanged reproduction of the stored information.

Article 2 – DOUWEDRAWS data.
DOUWEDRAWS
Princess Julianalaan 76
3062 DL Rotterdam
The Netherlands

E-mail: Douwedraws@gmail.com

Article 3 - Applicability
1. These general terms and conditions apply to every offer from DOUWEDRAWS. and to every distance contract concluded between DOUWEDRAWS. and Buyer. DOUWEDRAWS. expressly excludes the applicability of (delivery) conditions of the Buyer, unless expressly agreed otherwise in writing.

2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the Buyer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at DOUWEDRAWS. and that they will be sent to the Buyer free of charge as soon as possible upon request.

3. Additions to or deviations from these general terms and conditions shall only apply if they have been expressly accepted in writing by DOUWEDRAWS. The other provisions of these general terms and conditions shall remain in full force in such a situation.

Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the Buyer to properly assess the offer. If DOUWEDRAWS. uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind DOUWEDRAWS.

3. Each offer contains such information that it is clear to the Buyer what rights and obligations are associated with accepting the offer.

Article 5 - The Agreement
1. Subject to the provisions of paragraph 4, the agreement shall be concluded at the time the Buyer accepts the offer and meets the conditions set therein.

2. If the Buyer has accepted the offer electronically, DOUWEDRAWS will immediately confirm receipt of acceptance of the offer electronically.

3. If the agreement is concluded electronically, DOUWEDRAWS. will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the Buyer can pay electronically, DOUWEDRAWS. will take appropriate security measures to that end.

4. DOUWEDRAWS. may – within legal frameworks – inquire whether the Buyer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If DOUWEDRAWS. has good reasons not to enter into the contract on the basis of this investigation, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

5. DOUWEDRAWS. will send the following information to the Buyer with the product or service, in writing or in such a way that the Buyer can store it in an accessible manner on a durable data carrier: a) the visiting address of the DOUWEDRAWS. establishment where the Buyer can submit complaints; b) the conditions under which and the manner in which the Buyer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c) the information about existing after-sales service and guarantees; d) the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract; General terms and conditions

6. If DOUWEDRAWS has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal upon delivery of products
1. When purchasing products from DOUWEDRAWS, the Buyer has 30 days to cancel the purchase agreement.

2. If the product is received damaged, the Buyer has the option to cancel the agreement within the set period of 14 days. This period commences after the Buyer has received the product.

3. During the cooling-off period, the Buyer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the Buyer may only handle and inspect the product as he would be allowed to do in a shop.

4. The Buyer is not liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

5. If the Buyer exercises his right of withdrawal, he shall notify DOUWEDRAWS of this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.

6. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 5, the Buyer shall return the product or hand it over to DOUWEDRAWS. In any case, the Buyer has observed the return period if he returns the product before the cooling-off period has expired.

7. The Buyer shall return the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by DOUWEDRAWS.

8. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Buyer.

9. The Buyer shall bear the direct costs of returning the product, unless DOUWEDRAWS has not stated that the Buyer must bear these costs or if DOUWEDRAWS indicates that it will bear the costs itself.

10. If the Buyer exercises his right of withdrawal, all additional agreements will be terminated by operation of law.

Article 7 - Costs in case of revocation
1. If the Buyer exercises his right of withdrawal, the direct costs of return will be at his expense unless the product was delivered damaged. In addition, € 4.90 processing and administration costs will be charged for returning poster(s).

2. DOUWEDRAWS. shall reimburse all payments made by the Buyer, including any delivery costs charged by DOUWEDRAWS. for the returned product, without delay but within 14 days following the day on which the Buyer notifies it of the withdrawal. Unless DOUWEDRAWS. offers to collect the product itself, it may wait with reimbursement until it has received the product or until the Buyer proves that he has returned the product, whichever is the earlier.

3. DOUWEDRAWS. uses the same payment method for reimbursement that the Buyer used, unless the Buyer agrees to another method. The reimbursement is free of charge for the Buyer.

4. If the Buyer has opted for a more expensive method of delivery than the cheapest standard delivery, DOUWEDRAWS is not obliged to reimburse the additional costs for the more expensive method.

Article 8 - Exclusion of the right of withdrawal
1. If the Buyer does not have a right of withdrawal, this will be excluded by DOUWEDRAWS. if DOUWEDRAWS. has stated this in the offer, at least in good time before the conclusion of the agreement.

2. The right of withdrawal never applies to products: a) that have been created by DOUWEDRAWS. according to the Buyer's specifications; b) that are clearly personal in nature; c) that cannot be returned due to their nature;
3. The right of withdrawal never applies to products when the DOUWEDRAWS. prints have been obtained in a frame elsewhere (other than via DOUWEDRAWS).

Article 9 - The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates or other government levies.

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

3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the agreement are only permitted if DOUWEDRAWS.: a) they are the result of statutory regulations or provisions; or b) the Buyer has the authority to terminate the agreement on the day on which the price increase takes effect.

5. The prices stated in the offer of products or services include VAT, unless stated otherwise.

Article 10 - Conformity
1. DOUWEDRAWS. 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 in force on the date the agreement is concluded. Buyer accepts that the properties of the supplied image(s) may change due to the production method of DOUWEDRAWS., such as colour, contrast, brightness, sharpness and graphic representation.

2. The Buyer declares that he/she is familiar with the production process for the manufacture of the product and is independently responsible for the adequate and correct supply of the required documents, including the image and/or photo to be used.

Article 11 – Intellectual property rights
1. The execution of the assignment by DOUWEDRAWS. may entail that works of third parties within the meaning of the Copyright Act or any other work protected by an intellectual property right are reproduced and/or made public. Publication, reproduction and/or use of such works (for example photographs, paintings, drawings and logos) by Buyer may only take place with the permission of the rights holder.
2. Buyer guarantees that (i) he is authorised to instruct DOUWEDRAWS. to use an image, photo, drawing or logo in the production and delivery process and (ii) that no infringement is made on the rights of third parties. Buyer indemnifies DOUWEDRAWS. against all possible claims by third parties with regard to any (intellectual property) right in respect of products ordered by Buyer.

3. The intellectual property rights relating to the data depicted on the DOUWEDRAWS. website, including texts, photos, illustrations, graphic material, (trade) names, word and image marks belong to DOUWEDRAWS. The intellectual property rights belonging to DOUWEDRAWS. are in no way transferred to persons who gain access to and/or use the DOUWEDRAWS. website.

4. The content of the DOUWEDRAWS website may only be used for non-commercial private purposes. The user is not permitted to reproduce, forward, distribute or make available to third parties for a fee the content of the site without prior written permission from DOUWEDRAWS.

5. In the event that the Buyer publishes and/or reproduces an image, the copyright of which belongs to DOUWEDRAWS., without the permission of DOUWEDRAWS., the Buyer is obliged to pay an immediately due contractual fine of 300% of the original sales price. DOUWEDRAWS. reserves the right to also claim full compensation in a procedure.

Article 12 - Delivery and execution
1. DOUWEDRAWS will exercise the utmost care when receiving and executing orders for products.

2. If DOUWEDRAWS cannot deliver in accordance with the agreement due to force majeure, DOUWEDRAWS will inform the Buyer of this as soon as possible, without being obliged to pay any compensation.

3. In the event of force majeure, DOUWEDRAWS may, after consultation with the Buyer, terminate the agreement or suspend delivery until the time at which the force majeure situation ceases to exist.

4. Failures by DOUWEDRAWS. in the performance of the agreement with the Buyer cannot be attributed to DOUWEDRAWS. if they are not due to its fault, nor are they its responsibility under the law, the agreement or generally accepted views.

5. The place of delivery shall be the address that the Buyer has made known to DOUWEDRAWS. DOUWEDRAWS. shall not be liable for any damage that the Buyer may suffer as a result of DOUWEDRAWS. failing to deliver on time.

6. The risk of damage and/or loss of products rests with DOUWEDRAWS. until the moment of delivery to the Buyer, unless expressly agreed otherwise. If the product is damaged during transport, the liability of DOUWEDRAWS. is limited to a maximum of the amount reimbursed by the carrier and/or its insurer.

Article 13 – Payment
1. Unless otherwise specified in the agreement or additional conditions, amounts owed by the Buyer must be paid immediately.

Article 14 - Warranty
1. DOUWEDRAWS does not guarantee the resistance of the delivered product to UV radiation and other environmental factors.

2. If the product shows a design, material or manufacturing defect, the Buyer is entitled to repair or replacement of the product. The Buyer is only entitled to replacement if repair of the product is not possible.

3. No warranty applies to damage caused by incorrect use or application of the delivered products.

4. The proof of purchase (order confirmation after payment) serves as proof of warranty. 5. If repair or replacement is impossible, DOUWEDRAWS. has the right to terminate the agreement and credit the Buyer in full.

Article 15 – Complaints procedure
1. Complaints about the performance of the agreement must be submitted to DOUWEDRAWS within a reasonable time, fully and clearly described, after the Buyer has discovered the defects.

2. Complaints submitted to DOUWEDRAWS. will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, DOUWEDRAWS. will answer within the period of 14 days with a confirmation of receipt and an indication of when the Buyer can expect a more detailed answer.

Article 16 - Liability
1. DOUWEDRAWS. is not liable for damage of any nature whatsoever that arises because DOUWEDRAWS. relies on incorrect information provided by the Buyer, unless DOUWEDRAWS. was aware of the incorrectness of this information.

2. DOUWEDRAWS is not liable for damage of any nature whatsoever resulting from improper use of the products after delivery.

3. DOUWEDRAWS. is not liable for damage of any nature whatsoever arising from the use of the product by the Buyer, unless such damage is due to intent or gross negligence on the part of DOUWEDRAWS.

4. If DOUWEDRAWS is liable for damage to the Buyer as a result of a shortcoming in the performance of this agreement, the liability of DOUWEDRAWS will be limited to a maximum of the purchase price.

Article 17 – Applicable law and competent court
All possible disputes arising from and/or relating to these general terms and conditions shall be exclusively governed by Dutch law. All possible disputes shall be submitted exclusively to the competent judge of the Rotterdam District Court, Rotterdam location, unless DOUWEDRAWS. chooses to bring a case before the competent court of the Buyer's place of residence or another competent judge under the law.