General terms and conditions
GENERAL TERMS AND CONDITIONS 2025/2026
These are the general terms and conditions of Illustrator under a blankie (hereinafter: the "General 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,
VAT number NL003416430B39.
ARTICLE 1: DEFINITIONS AND APPLICABILITY
1.1 In the General Terms and Conditions, the “Customer” means the other party and/or customer who
has entered into an agreement with Illustrator under a blankie (hereinafter: the “Artist”).
The Artist also uses resellers (hereinafter: the “Reseller”). The Artist and the Client
and/or Reseller will hereinafter collectively be referred to as “Parties”.
1.2 The General Terms and Conditions form an integral 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 are included, as well as (in the case of Reseller) the resale
has been recorded in writing. In the event of any conflict between the provisions of the Agreement
and the provisions of the General Terms and Conditions prevail over the provisions of the Agreement.
1.3 The applicability of general terms and conditions used by the Customer and/or Reseller is
expressly rejected by the Artist.
ARTICLE 2: FORMATION OF THE AGREEMENT
2.1 The Artist's offer concerns the Products that are for sale in the Artist's webshop.
Customer is aware that he/she has a payment obligation and therefore an agreement with
Artist with regard to the Products ordered.
2.2 With regard to Products purchased by Reseller for 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 given her written consent to Reseller, Reseller
entitled to resell the Products to third parties and to have access as an official reseller
to access the product page(s) of the Artist's webshop.
3.2 In order to obtain the Artist's permission, the Reseller must be registered with
the Chamber of Commerce or a comparable foreign authority. When applying to become a reseller
The Chamber of Commerce number and VAT ID must be provided. Since the Reseller is the
If the Client has entered into an agreement in the context of the exercise of his profession and/or business, it is
Consumer law does not apply to the Agreement between Artist and Reseller.
3.3 The Reseller is entitled to place large orders for the product pages via the product pages.
resale in own stores or web shops, with a minimum order value of €100 (excl. VAT and
shipping costs) must be at least the amount stated on the product page
minimum quantity per product type must be purchased.
3.4 “The Reseller takes into account the resale price recommended by the Artist
(hereinafter: the “Recommended Price”), as stated in the Artist's webshop. It is the Reseller's
permitted to deviate from the Recommended Price in mutual 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 permission of the Artist.” Other
legal acts other than transfer of ownership in respect of the Products, including but not limited to
not limited to renting, lending or auctioning the Products, are not permitted
without the prior written consent of the Artist.
3.5 The consent referred to in Article 3.1 can be revoked at any time at the sole discretion of
Artist to be revoked (hereinafter: the “Revocation”), which will terminate Reseller's access to
the product page(s) is denied.
ARTICLE 4: DELIVERY AND RETURN POLICY
4.1 After 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
will in principle take place within three (3) days. In the event that shipment takes place later,
the Customer and/or Reseller will be informed of the new shipping date as soon as possible.
4.2 The Customer and/or the Reseller is responsible for providing the correct delivery or
delivery address. Artist is not liable for providing an incorrect or invalid address.
address by the Customer and/or Reseller for the delivery of the Products and the costs for
reshipment and return of the Products cannot be recovered from the Artist, but are in that case
This applies to the Customer and/or Reseller. The same applies to packages (orders) that are not picked up (on time) by the customer from a parcel point (as indicated by track and trace) or are refused at the door.
4.3 The Customer who is a consumer is entitled to terminate the Agreement with the Artist for a period of
a reflection period of fourteen (14) days after purchasing the Products through the webshop of
Artist, without giving reasons, to terminate. After the cooling-off period has expired,
returns of the Products are no longer permitted.
4.4 The Customer who invokes the aforementioned right of withdrawal must return the purchased Products
returned in the original condition within the cooling-off period of fourteen days
to the Artist's specified return address. The Artist will check the return for
possible defects and/or signs of use. In case of approval of the return and
The Customer will receive confirmation of the absence of defects and/or traces of use within
the amount paid for the returned Products will be credited to his/her account within fourteen days.
4.5 Notwithstanding Articles 4.3 and 4.4 of the General Terms and Conditions, the aforementioned applies
The right of withdrawal does not apply to Resellers or Customers who purchase the Products in the context of and/or in
in connection with and/or in the exercise of their profession and/or business. For Resellers and/or
For the aforementioned business customers it is not possible to return the Products.
4.6 The customer is responsible for any additional costs incurred when importing the product into the destination country, such as taxes and import duties.
Tariffs: as of today (10th April 2025) there is an exemption for orders under $800 for the United States. The customer is at all times responsible for import (tariffs) duties.
ARTICLE 5: INTELLECTUAL PROPERTY
5.1 All intellectual property rights, such as copyrights, including but not limited to the
rights described in Articles 45a to 45g of the Copyright Act, and/or related rights, which apply
The Products (hereinafter: the "Intellectual Property Rights") belong exclusively to
Artist. Even after the sale of the material products containing copyrighted
works (hereinafter: the “Works”) are processed, recorded or otherwise form part of
make, the rights regarding this remain with the Artist.
5.2 Client, who is not one of the official resellers of Artist, may only use the Works for
personal, non-commercial purposes and consistent with the nature and
purpose of use of the product in question in which the copyrighted work is used
processed, use. Without the permission of the Artist, commercial use of the
Works by Customer are expressly prohibited. Any reproduction, copy, publication and/or any other
use, whether or not in modified form, 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
to request written permission from Artist to be considered a Reseller. After
obtaining the aforementioned consent applies to Article 3 and Article 5.4 of the General
Terms and conditions applicable to the legal relationship between Artist and Client, being Reseller.
5.4 Reseller obtains a non-exclusive license for the duration of the Agreement with Artist
for the (re)sale of the Products in which the Works are recorded, incorporated or
of which the Works otherwise form part, in his/her own store or webshop, under
the conditions as set out in Article 3 of the General Terms and Conditions.
5.5 The counterfeiting, production and/or otherwise duplication of the Products or the
Works recorded, incorporated or otherwise forming part of the Products, by
Reseller, without express written permission of Artist, is under no circumstances
circumstances permitted. Acting contrary to this Article 5 of the General
Terms and Conditions by Reseller, and thus in conflict with the Agreement and/or the provisions of
the Copyright Act, will – notwithstanding the Artist's right to claim damages
– Result in 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 post the photos on the website and/or social media.
5.7 It is prohibited to use the artist's work for AI purposes in any way whatsoever. The artist's work is explicitly excluded from AI (full opt-out).
Artist's media channels, on which Artist is depicted, in any context, without
permission of the Artist to use and publish it in modified form or otherwise
or reproduce. Any violation of this provision may – notwithstanding the right
from 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 INDEMNIFICATION
6.1 The Artist is only liable for direct damage, insofar as there is gross negligence.
or negligence and provided that this liability is at all times limited to the
value of the Agreement.
6.2 Client and/or Reseller is liable for all damage suffered by Artist in the
performance of the Agreement, including but not limited to
consequences of delay damage. Client and/or Reseller also indemnifies Artist against claims from
third parties in this regard.
6.3 Artist can never be held liable for damage of any nature whatsoever that is
caused by external service provider(s) acting in the performance of the Agreement between
Artist and Client and/or Reseller are engaged, including but not limited to
courier companies, parcel delivery companies, storage and warehouse owners and/or printing companies. If a
If the 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 Article 4.4 of the General Terms and 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 indemnifies
Artist for all claims thereon.
ARTICLE 7: FORCE MAJEURE AND UNFORESEEN CIRCUMSTANCES
7.1 In these general terms and conditions, an attributable shortcoming does not include all
external causes, foreseen or unforeseen, over which the Artist has no influence
exercise and as a result of which it is no longer able to meet its obligations.
7.2 In the event of force majeure and unforeseen circumstances on the part of the Artist,
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
the Party, regardless of whether or not it was foreseeable at the time of entering into the
Agreement, which provides for 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 labor 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 regarding
public health in relation to epidemics and pandemics, including COVID-19),
breach of contract by third parties or any order or other material disruption of the Party's work
or any other event beyond the control of the Party (hereinafter: “Force Majeure”).
7.3 Artist shall not be deemed to be in breach of the Agreement if
there is a case of Force Majeure, and will not be liable for any failure or delay in fulfilling
its obligations under the Agreement that are directly or indirectly caused by
Force Majeure. In such a case, the Artist's obligations under the
Agreement suspended until the Force Majeure is over and Artist is able to perform
to continue the Agreement.
7.4 In the event of permanent force majeure on the part of the Artist, the Artist is obliged to inform the Client and/or Reseller
to inform the Customer and/or Reseller of this as soon as possible and the Customer and/or Reseller is entitled to
To terminate the Agreement with immediate effect, whereby the Customer's payment obligation
and/or Reseller of the Products already delivered and (if applicable) pro rata remains applicable.
ARTICLE 8: TERMINATION
8.1 Notwithstanding the provisions of Article 4.3 of the General Terms and Conditions, the
Agreement cannot be terminated prematurely.
8.2 The Artist is entitled to terminate the Agreement with immediate effect and/or
to suspend performance of its obligations under the Agreement, without prejudice to the right
of the Artist to claim damages, after prior written notice
notification to the Customer in the event that:
a. the Customer and/or the Reseller materially fails to fulfil its obligations and
this deficiency has not been remedied within fourteen (14) days after receipt of a
written notice from Artist specifying the deficiency and
it is requested that this be lifted;
b. there is Force Majeure on the side of the Artist or on the side of the Client
and/or Reseller;
c. there are circumstances, other than Force Majeure, which existed at the time the agreement was entered into
Agreement could not have been foreseen and that (further) performance of the Agreement
make 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
files an application for bankruptcy or suspension of payments and/or one of the Parties in
is declared bankrupt or a suspension of payments is granted; and/or
e. any event that, under the law of the jurisdiction of the Netherlands, is analogous to the event described in this
events referred to in the article.
8.3 The Customer and/or Reseller is only entitled to terminate the Agreement prematurely if
there is force majeure and the Artist is unable and/or fails to comply as a result
of Force Majeure, which makes it so unreasonable for Customer and/or Reseller to
To (continue to) perform and/or be bound by the Agreement. Under a material
deficiency is not understood as an announced delay, postponement and/or suspension of
shipment of the Products by Artist as a result of a case of force majeure and/or
other unforeseeable circumstances and/or a material shortcoming of the Customer in the
compliance with the Agreement within the meaning of Article 7.4 of the General Terms and Conditions.
8.4 If one of the Parties terminates the Agreement prematurely on the basis of Article 8.2 and/or
8.3 of the General Terms and Conditions, the Customer and/or Reseller is obliged to deliver the Products to which the
Agreement was to be returned to Artist in its original condition,
unless the Products had not yet been shipped to the Customer at the time of termination and/or
Reseller. Provided that the Products are still in their original condition after receipt of the return shipment.
the Customer and/or Reseller will receive the full amount paid for the Products
paid, back.
ARTICLE 9: PERSONAL DATA
9.1 When performing the Agreement, the Artist will process the personal data of the Client.
and/or Reseller (hereinafter: the “Personal Data”) within the meaning of the General Data Protection Regulation
Data Protection (GDPR) and in accordance with the Artist's Privacy Policy.
9.2 This includes the obligation that the Artist must cooperate with the Client and/or Reseller
concludes processing agreements, if legally required. The artist also guarantees
that the personal data are secured and stored in accordance with the statutory retention periods
stored. If and to the extent that a security breach occurs unexpectedly
which accidentally or unlawfully leads to the destruction, loss, alteration or
unauthorized disclosure of or access to transmitted, stored or
otherwise processed personal data (hereinafter: data breach) that are processed in the context of the Assignment
have been obtained, the Artist will notify the Customer and/or Reseller thereof immediately, but no later than
twenty-four (24) hours after discovery and comply with applicable laws and
regulations of the Dutch Data Protection Authority regarding data leaks - in good mutual consultation with
Customer and/or Reseller - comply 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 assign their obligations under the Agreement with prior
transfer the other Party's written consent to a third party.
10.3 If one or more separate provisions in the Agreement or the General
If any terms and conditions prove to be invalid, this will not affect the validity of any other provisions.
the Agreement or the General Terms and Conditions. The parties will enter into the relevant
replace provision(s) with one or more new provisions, the scope of which is as far as possible
may correspond to the original provision(s).
10.4 The Agreement and the General Terms and 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
with these general terms and conditions, will be settled by the competent court of the
Gelderland District Court.