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 these Terms and Conditions, "Client" refers to the counterparty and/or client who has entered into an agreement with Illustrator under a blank (hereinafter: the "Artist"). The Artist also uses resellers (hereinafter: the "Reseller"). The Artist and Client and/or Reseller will hereinafter be collectively referred to as the "Parties."
1.2 The General Terms and Conditions form an integral part of the agreement (hereinafter: the “Agreement”) between Client or Reseller and Artist in which the transfer and delivery of the products made by the Artist (hereinafter: the “Products”), including but not limited to cards, puzzles, lamps and other products incorporating the Artist’s drawings and/or paintings, as well as (in the case of a Reseller) their resale, is recorded in writing. In the event of any 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 any general terms and conditions used by the Client and/or Reseller is expressly rejected by the Artist.
ARTICLE 2: FORMATION OF THE AGREEMENT
2.1 The Artist's offer concerns the Products available for sale in the Artist's webshop. The Customer is aware that they are entering into a payment obligation and thus an agreement with the Artist regarding the Products ordered.
2.2 With regard to Products purchased by the Reseller for the purpose 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 her written consent to Reseller, Reseller
entitled to resell the Products to third parties and to access the Artist's reseller website as an official reseller.
3.2 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 entered into the Agreement in the course of their profession and/or business, consumer law does not apply to the Agreement between the Artist and the Reseller.
3.3 The Reseller is entitled to place large orders via the product pages for resale in their own stores or online shops, subject to the terms and conditions found on the information page.
3.4 The Reseller shall take into account the Artist’s recommended resale price (hereinafter: the “Recommended Price”), as stated in the Artist’s webshop. The Reseller is permitted to deviate from the Recommended Price in mutual consultation with the Artist. Legal acts other than transfer of ownership of the Products, including but not limited to renting, lending, or auctioning the Products, are only permitted without the Artist’s prior written consent. Legal acts other than transfer of ownership of the Products, including but not limited to renting, lending, or auctioning the Products, are not permitted without the Artist’s prior written consent.
3.5 The consent referred to in Article 3.1 may be revoked at any time at the Artist's sole discretion (hereinafter: the “Revocation”), thereby denying Reseller access to the product page(s).
ARTICLE 4: DELIVERY AND RETURN POLICY
4.1 After receiving payment for the Products from the Client and/or Reseller, the Artist will ensure delivery of the Products to the Client and/or Reseller. The Products will generally be shipped within three (3) business days. If shipping takes place later, the Client and/or Reseller will be notified of the new shipping date as soon as possible.
4.2 The Customer and/or Reseller is responsible for providing the correct delivery address. The Artist is not liable for any incorrect or invalid address provided by the Customer and/or Reseller for the delivery of the Products, and the costs for reshipping and returning the Products cannot be recovered from the Artist, but will be borne by the Customer and/or Reseller. This also applies to packages (orders) that are not collected (on time) by the customer from a parcel point (specified via track and trace) or are refused at the door.
4.3 The Customer, who is a consumer, has the right to cancel the Agreement with the Artist during a cooling-off period of fourteen (14) days after purchasing the Products through the Artist's webshop, without giving any reason. The Customer must notify the return within 14 days by email (contact@estherbennink.nl). After notification, the package must be returned within 14 days. After the cooling-off period, the Products may no longer be returned.
4.4 The Customer who invokes the aforementioned right of withdrawal must return the purchased Products to the Artist's specified return address within fourteen days of notifying the return by email.
If you exercise your right of withdrawal, the product must be returned to the Artist with all accessories supplied and – if reasonably possible – in its original condition and packaging. If the product is damaged or the packaging is damaged beyond what is necessary to sell the product, the Artist may pass this diminished value on to the Customer. Therefore, the Customer must handle and package the product with care when returning it.
The artist will review the return, and if approved, the customer will receive the amount paid for the returned Products in their account within fourteen days. If the order is returned in its entirety, the customer will also receive a refund for the shipping costs of the original order. If the customer returns part of the order, only that portion will be refunded. The customer is responsible for the return shipping costs.
4.5 Notwithstanding Articles 4.3 and 4.4 of the General Terms and Conditions, the aforementioned right of withdrawal does not apply to Resellers or Customers who purchase the Products in connection with and/or in the exercise of their profession and/or business. Returning the Products is not possible for Resellers and/or the aforementioned business customers.
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.
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 neighboring rights, that apply to the Products (hereinafter: the "Intellectual Property Rights") belong exclusively to the Artist. Even after the sale of the tangible products in which copyrighted works (hereinafter: the "Works") are incorporated, recorded, or of which the Works otherwise form a part, the rights to these rights remain with the Artist.
5.2 Clients, who are not official resellers of the Artist, may use the Works only for personal, non-commercial purposes and in accordance with the nature and intended use of the relevant product in which the copyrighted work is incorporated. Commercial use of the Works by Clients without the Artist's permission is expressly prohibited. Any reproduction, copying, publication, and/or other use, whether or not in modified form, of the Products must be in accordance with the Permitted Use, unless approved in writing by the Artist.
5.3 If the Client wishes to use or exploit the Works commercially, the Client must request written permission from the Artist to be considered a Reseller. After obtaining the aforementioned permission, Articles 3 and 5.4 of the General Terms and Conditions apply to the legal relationship between the Artist and the Client, being the Reseller.
5.4 Reseller obtains a non-exclusive license for the duration of the Agreement with Artist to (re)sell the Products in which the Works are recorded, incorporated or of which the Works otherwise form a 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 replication, production, and/or other reproduction of the Products or the Works that are recorded, incorporated, or otherwise form part of the Products by the Reseller without the express written permission of the Artist is not permitted under any circumstances. Any violation by the Reseller of this Article 5 of the General Terms and Conditions, and thus in violation of 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 Client nor the Reseller is permitted to use, publish, or reproduce the photos on the Artist's website and/or social media channels, in which the Artist is depicted, in any context whatsoever, without the Artist's permission, whether in modified form or otherwise. Violation of this provision may result in revocation as defined in Article 3.6 of the General Terms and Conditions, notwithstanding the Artist's right to claim damages or assert other claims.
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).
ARTICLE 6: LIABILITY AND INDEMNIFICATION
6.1 The Artist shall only be liable for direct damage insofar as there is gross negligence or neglect, provided that this liability is at all times limited to the value of the Agreement.
6.2 The Client and/or Reseller shall be liable for all damages suffered by the Artist in the performance of the Agreement, including, but expressly not limited to, damages resulting from delays. The Client and/or Reseller shall also indemnify the Artist against any third-party claims in this regard.
6.3 The Artist shall never be held liable for any damage whatsoever caused by external service providers engaged in the execution of the Agreement between the Artist and the Client and/or Reseller, including but not limited to couriers, parcel delivery companies, warehouses, and printers. If a service provider wishes to limit its liability, the Artist accepts that limitation on behalf of the Client and/or Reseller.
6.4 If the Customer, being a consumer, invokes the right of withdrawal and returns the Products to the Artist in accordance with Article 4.4 of the General Terms and Conditions, the Artist will not be liable for (the course of) the return shipment, including but not limited to the Customer's improper packaging of the Products, defective delivery and/or dispatch by the courier company engaged by the Customer, and/or the Customer sending the Products to an incorrect address. The Customer indemnifies the Artist against all claims on this account.
ARTICLE 7: FORCE MAJEURE AND UNFORESEEN CIRCUMSTANCES
7.1 In these terms and conditions, an attributable shortcoming does not include all external causes, whether foreseen or unforeseen, over which the Artist has no influence and which prevent the Artist from fulfilling its obligations.
7.2 Force majeure and unforeseeable circumstances on the part of the Artist shall in any case include, but not be limited to: a case of force majeure shall be 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 hinders the performance by the Party of any of its obligations under the Agreement, 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, governmental order or regulation (including but not limited to any applicable governmental public health advisory regarding epidemics and pandemics, including COVID-19), breach of contract by a third party, or any injunction or other material disruption of the Party's work or any other event beyond the Party's control (hereinafter, "Force Majeure").
7.3 The Artist will not be deemed to be in breach of the Agreement in the event of Force Majeure, and will not be liable for any failure or delay in fulfilling its obligations under the Agreement caused directly or indirectly by Force Majeure. In such an event, the Artist's obligations under the Agreement will be suspended until the Force Majeure event is over and the Artist is able to continue performing the Agreement.
7.4 In the event of continued force majeure on the part of Artist, Artist is obliged to notify Client and/or Reseller as soon as possible and Client and/or Reseller is entitled to terminate the Agreement with immediate effect, whereby the payment obligation of Client and/or Reseller for the Products already delivered and (if applicable) pro rata remains in force.
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 shall be entitled to terminate the Agreement with immediate effect and/or suspend the performance of its obligations under the Agreement, without prejudice to the Artist's right to claim damages, after prior written notice to the Client in the event that:
a. the Customer and/or the Reseller materially fails to fulfil its obligations and this failure has not been remedied within fourteen (14) days after receipt of a
written notice from the Artist specifying the deficiency and requesting that it be remedied;
b. there is Force Majeure on the part of the Artist or on the part of the Client and/or Reseller;
c. there are circumstances, other than Force Majeure, which could not have been foreseen at the time the Agreement was entered into and which make (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
files an application for bankruptcy or suspension of payments and/or one of the Parties is declared bankrupt or is granted a 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 Client and/or Reseller shall only be entitled to terminate the Agreement prematurely in the event of force majeure and the Artist being unable and/or failing to perform as a result of Force Majeure, making it unreasonable for Client and/or Reseller to (continue to) perform the Agreement and/or be bound by it. A material breach does not include an announced delay, postponement, and/or suspension of shipment of the Products by the Artist as a result of force majeure and/or other unforeseeable circumstances and/or a material breach by Client of the Agreement as defined in Article 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 Client and/or Reseller is obligated to return the Products to which the Agreement relates in their original condition to the Artist, unless the Products had not yet been shipped to the Client and/or Reseller at the time of termination. Provided that the Products are still in their original condition upon receipt of the return shipment, the Client and/or Reseller will receive a full refund of the amount paid for the Products.
ARTICLE 9: PERSONAL DATA
9.1 In the performance of the Agreement, Artist processes the personal data of Client and/or Reseller (hereinafter: the “Personal Data”) within the meaning of the General Data Protection Regulation (GDPR) and in accordance with Artist's Privacy Policy.
9.2 This includes the Artist's obligation to conclude processing agreements with the Client and/or Reseller, if legally required. The Artist also guarantees that the personal data will be stored securely and in accordance with statutory retention periods. If and to the extent that a breach of security occurs that accidentally or unlawfully leads to the destruction, loss, alteration, unauthorized disclosure of, or unauthorized access to, personal data transmitted, stored, or otherwise processed (hereinafter: data breach) obtained in connection with the Assignment, the Artist will notify the Client and/or Reseller thereof immediately, but no later than twenty-four (24) hours after discovery, and will immediately comply with the applicable laws and regulations of the Dutch Data Protection Authority regarding data breaches – in close consultation with the Client and/or Reseller.
ARTICLE 10: COMPLAINTS PROCEDURE
10.1 The artist has a sufficiently well-publicised complaints procedure and will handle the complaint in accordance with this procedure.
10.2 Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.
10.3 Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
10.4 If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
10.5 In the event of complaints, a consumer should first contact the entrepreneur. If the online store is affiliated with WebwinkelKeur and complaints that cannot be resolved amicably, the consumer should contact WebwinkelKeur ( www.webwinkelkeur.nl ), which will mediate free of charge. Check whether this online store has a current membership via https://www.webwinkelkeur.nl/ledenlijst/ . If a resolution is still not reached, the consumer has the option to submit their complaint to the independent disputes committee appointed by WebwinkelKeur. The decision is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that the consumer must pay to the committee in question.
10.6 A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
10.7 If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.
ARTICLE 11: OTHER PROVISIONS
11.1 The Parties declare that they are both fully authorised to enter into the Agreement.
11.2 The Parties may only transfer the obligations under the Agreement to a third party with the prior written consent of the other Party.
11.3 If one or more individual provisions of the Agreement or the General Terms and Conditions prove to be invalid, this will not affect the validity of the remaining provisions of the Agreement or the General Terms and Conditions. The Parties will replace the relevant provision(s) with one or more new provisions, the intent of which will be as close as possible to the original provision(s).
11.4 The Agreement and the General Terms and Conditions are governed by Dutch law. All disputes that arise (or will arise) between the Client and/or Reseller on the one hand and the Artist on the other, 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 District Court of Gelderland.
