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

Btwn number NL003416430B39.

ARTICLE 1: DEFINITIONS AND APPLICABILITY
1.1 In the General Conditions, the "Customer" means the other party and/or customer who is
entered into an agreement with Illustrator under a blankie (hereinafter the "Artist").
Artist additionally uses resellers (hereinafter the "Reseller"). Artist and Customer
and/or Reseller shall hereinafter collectively be referred to as "Parties".
1.2 The General Terms and Conditions form an inseparable part of the agreement (hereinafter referred to as 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 are incorporated, as well as (in the case of Reseller) the resale
thereof in writing. In case of conflict between the provisions of the Agreement
and the provisions of the General Conditions, the provisions of the Agreement shall prevail.
1.3 The applicability of general terms and conditions used by the Customer and/or Reseller shall be
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.
Customer is aware that he/she has a payment obligation and therefore an agreement with
Artist in respect of the Products ordered.
2.2 With regard to the Products purchased by Reseller with the aim of reselling them
different conditions apply as set out in Article 3 of the General Terms and Conditions.

ARTICLE 3: RESELLERS
3.1 After Artist has given its consent in writing to Reseller, Reseller is
entitled to resell the Products to third parties and have access as an official reseller
to access the product page(s) of the Artist's webshop.
3.2 The Reseller must, in order to obtain Artist's consent, be registered with
the Chamber of Commerce or similar foreign body. When applying to become a reseller
be the Chamber of Commerce number and VAT ID should be indicated. As the Reseller is the
Agreement in the course of his profession and/or business, the
consumer law does not apply to the Agreement between Artist and Reseller.
3.3 The Reseller is entitled to place large orders for the
resale in own shops or webshops, where the minimum order value is €50 (excl. VAT and
shipping costs) should be at least the amount indicated on the product page and there should be at least the
minimum quantity per product type should be purchased.
3.4 "The Reseller shall take into account the resale price recommended by the Artist 

(hereinafter the "Recommended Price"), as listed in the Artist's webshop. It is the Reseller 

allowed to deviate from the Recommended Price by mutual agreement 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 permitted only 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, lending or auctioning the Products, are not permitted
without the prior written consent of Artist.
3.5 The consent referred to in clause 3.1 may be withdrawn at any time at the discretion of
Artist be revoked (hereinafter: the "Revocation"), thereby restricting Reseller's access to
the products page(s) is denied.

ARTICLE 4: DELIVERY AND RETURN POLICY
4.1 Upon receipt of payment for the Products from Customer and/or Reseller, Artist shall ensure
for the delivery of the Products to Customer and/or Reseller. The shipment of the Products
shall in principle take place within three (3) days. In case the shipment takes place later, the
informed the Customer and/or Reseller of the new shipment date as soon as possible.
4.2 The Customer and/or Reseller is responsible for specifying the correct delivery or
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 that
case for the Customer and/or the Reseller. The same applies to package (orders) that are not picked up (on time)

be delivered by the customer from a parcel point (indicated via the track and trace).
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 following the purchase of the Products via the webshop of
Artist, without giving reasons. After expiry of the cooling-off period, the
return of the Products is no longer permitted.
4.4 The Customer who invokes the aforementioned right of withdrawal must return the purchased Products
returned in original condition within the 14-day cooling-off period
to the specified return address of the Artist. Artist will check the return shipment for
possible defects and/or traces of use. In case of approval of the return shipment and
determination of the absence of defects and/or signs 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 use the Products in the context of and/or in
purchase in connection with and/or in the course of their profession and/or business. For Resellers and/or
For aforementioned business customers, returning the Products is not possible.

ARTICLE 5: INTELLECTUAL PROPERTY
5.1 All intellectual property rights, such as copyright, including but not limited to the
rights described in sections 45a to 45g of the Copyright Act, and/or neighbouring rights, which rest
on the Products (hereinafter: the "Intellectual Property Rights") belong exclusively to
Artist. Even after selling the material products in which copyrighted
works (hereinafter the "Works") are processed, recorded or of which the Works are otherwise part
constitute, the rights thereto 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
processed, use. Without Artist's consent, commercial use of the
Works by Customer 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 Customer wishes to use or exploit the Works commercially, Customer shall
request written permission from Artist to be considered a Reseller. After
obtaining the aforementioned consent, Article 3 and Article 5.4 of the General
Conditions applicable to the legal relationship between Artist and Customer, being Reseller.
5.4 Reseller acquires a non-exclusive licence for the duration of the Agreement with Artist
for (re)selling the Products in which the Works are recorded, incorporated 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 recorded, processed or otherwise forming part of the Products, by
Reseller, without the express written consent of Artist is under no
circumstances permitted. Violating 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 Artist's right to claim damages
- revocation within the meaning of Article 3.6 of the General Terms and Conditions.
5.6 Neither the Customer nor the Reseller is permitted to display the photos on the website and/or social

media channels of Artist, on which Artist is depicted, in any context, without
permission of Artist and whether or not in modified form to use, disclose
or reproduce. Violating this provision may - notwithstanding the right
of Artist to claim damages or make other claims -
revocation within the meaning of Article 3.6 of the General Terms and Conditions.

ARTICLE 6: LIABILITY AND INDEMNITY
6.1 Artist is liable for direct damage only to the extent of gross negligence
or negligence and provided that such liability shall at all times be limited to the
value of the Agreement.
6.2 Customer and/or Reseller is liable for all damages suffered by Artist in the
performance of the Agreement, including but expressly not limited to

consequences of delay damages. Customer and/or Reseller also indemnifies Artist for claims of
third parties in this regard.
6.3 Artist can never be held liable for damage of any kind that is
caused by external service provider(s) used in the performance of the Agreement between
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 printing companies. If a
service provider wishes to limit its liability, the Artist accepts that limitation
on behalf of Customer and/or Reseller.
6.4 In the event that the Customer, being a consumer, invokes the right of withdrawal and
in accordance with clause 4.4. of the General Conditions, return the Products to
Artist, Artist is not liable for (the course of) the return shipment, including
but not limited to the Customer's failure to properly package the Products, the
defective delivery and/or delivery by the courier company engaged by the Customer and/or
the sending of the Products to an incorrect address by the Customer. The Customer shall indemnify
Artist for all claims on this account.

ARTICLE 7: FORCE MAJEURE AND UNFORESEEN CIRCUMSTANCES
7.1 In these general terms and conditions, an attributable failure shall not mean any
external causes, foreseen or unforeseen, which Artist cannot influence
exercise and rendering it unable to fulfil its obligations.
7.2 Force majeure and unforeseen circumstances on the part of the Artist shall in any case mean
case, but not limited to: a case of force majeure is defined as any
circumstance, act, event, omission or accident beyond the reasonable control of
Party, whether or not it was foreseeable at the time of entering into the
Agreement that the performance by the Party of any of its obligations under the
Agreement prevents, delays or hinders, 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, government order or regulation
(including but not limited to any applicable government advice in the area of
public health in relation to epidemics and pandemics, including COVID-19),
breach of contract by third parties or any order or other material interference with the Party's work
or any other event beyond the control of the Party (hereinafter "Force Majeure").
7.3 Artist will not be deemed to be in breach of the Agreement if
there is Force Majeure, and will not be liable for any failure 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 suspended until the Force Majeure has passed and Artist is able to perform the
of the Agreement to continue.
7.4 In the event of permanent force majeure on the part of Artist, Artist will be obliged to give Customer and/or Reseller
as soon as possible and Customer and/or Reseller is entitled to inform the
Agreement with immediate effect, whereby the payment obligation of Customer
and/or Reseller of the Products already delivered and (if applicable) remains pro rata.

ARTICLE 8: TERMINATION
8.1 Notwithstanding the provisions of clause 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 the
suspend performance of its obligations under the Agreement, without prejudice to the right to
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
this deficiency has not been remedied within fourteen (14) days of receipt of a
written communication from Artist specifying the deficiency and in which
is requested to lift it;
b. there is Force Majeure on the part of Artist or on the part of the Client
and/or Reseller;
c. there are circumstances, other than Force Majeure, which at the time of entering into the
Agreement were not foreseeable and that (further) performance of the Agreement
impossible or unreasonable;
d. one of the Parties is dissolved, liquidated, dissolved or transferred to the
abroad, or a decision to that effect is taken and/or one of the Parties has a
files for bankruptcy or suspension of payments and/or one of the Parties in
is declared bankrupt or granted suspension of payments; and/or
e. any event which under the law of the jurisdiction of the Netherlands is analogous to the event referred to in this
article referred to.
8.3 Customer and/or Reseller is only entitled to terminate the Agreement prematurely if there are
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 Customer and/or Reseller to maintain the
Agreement to (continue to) perform and/or be bound by it. A material
deficiency shall not include 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
fulfilment 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 Article 8.2 and/or
8.3 of the General Terms and Conditions, the Customer and/or Reseller is obliged to sell the Products on which the
Agreement related to return to Artist in its original condition,
unless, at the time of termination, the Products had not yet been dispatched to the Customer and/or
Reseller. Provided that the Products are still in their original condition upon receipt of the return
deteriorate, the Customer and/or Reseller will receive the full amount they paid for the Products
paid, back.

ARTICLE 9: PERSONAL DATA
9.1 In performing the Agreement, Artist processes 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 Artist to agree with Client and/or Reseller
enter into processor agreements, if required by law. Artist also guarantees
That the personal data are kept secure and in accordance with the legal retention periods
stored. In the unlikely event and to the extent that a security breach occurs
which accidentally or unlawfully results in the destruction, loss, alteration or
unauthorised disclosure of, or unauthorised access to, transmitted, stored or
otherwise processed personal data (hereinafter: data leakage) that occurred in the context of the Order
are obtained, Artist shall immediately, but no later than within
notify twenty-four (24) hours after discovery and the applicable laws and
regulations of the Personal Data Authority regarding data breaches - in good consultation with
Customer and/or Reseller - comply without delay.

ARTICLE 10: OTHER PROVISIONS
10.1 The parties declare that they are both fully competent to enter into the Agreement.
10.2 The parties may only modify the obligations under the Agreement with 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
Conditions are found to be invalid, then this does not affect the validity of other provisions of
the Agreement or the General Terms and Conditions. The parties shall amend the relevant
provision(s) shall be replaced by one or more new provisions, the purport of which shall be as far as possible
possible corresponds to 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,
arising out of or in connection with (the performance of) the Agreement as well as in connection
with these general conditions, shall be settled by the competent court of the
Gelderland District Court.