The general terms and conditions of SB Designs Creations.
The latest changes were made on 14-08-2023.
1. Identity of the entrepreneur
These general terms and conditions are from SB Designs Creations. SB Designs Creations is a trade name of SB Designs. SB Designs & SB Designs Creations were founded by Susanne Boer.
Address
Plantsoensingel Zuid 57
7041 ZD ‘s-Heerenberg
Netherlands
Contact
Email: info@sbdesigns.nl
Phone number: +31 (0)6-18372533
Chamber of Commerce number: 62049046
2. Applicability
2.1 These general terms and conditions apply to every offer from SB Designs Creations and to every concluded agreement at a distance and orders between SB Designs Creations and the consumer.
2.2 Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions are available for inspection at the entrepreneur’s premises and will be sent free of charge to the consumer upon request as soon as possible.
2.3 If the distance agreement is concluded electronically, in deviation from the previous clause and before the distance agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be electronically accessed, and that upon request of the consumer, they will be sent electronically or by other means free of charge.
2.4 In the event that specific product or service terms and conditions also apply alongside these general terms and conditions, the consumer may invoke the provision that is most favorable to them in case of conflicting terms and conditions.
2.5 If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these conditions will remain in force for the remainder, and the relevant provision will be replaced promptly by a provision that approximates the original intent as closely as possible through mutual agreement.
2.6 Situations not covered by these general terms and conditions shall be assessed ‘in the spirit’ of these general terms and conditions.
2.7 Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted ‘in the spirit’ of these general terms and conditions.
3. The offer
3.1 The offer includes a complete and accurate description of the products/services offered. This description is sufficiently detailed to enable a proper assessment of the offer by the consumer. This includes materials, price, production and delivery time, etc.
3.2 The product photos of SB Designs Creations are true representations of the offered products and/or services. Please pay attention to the descriptions, as many products are handmade and/or of our own design, slight variations may occur. This is stated in the product descriptions.
3.3 Also, the colors on the screen may slightly differ from the actual colors due to various screen color settings.
3.2 The offer is non-binding. SB Designs Creations reserves the right to change and modify the offer. Many items in the webshop are handmade and/or designed by us, which means that large quantities are not available.
3.3 All images, specifications, and data in the offer are indicative and cannot lead to compensation or termination of the agreement.
4. The Agreement
4.1 The agreement is concluded at the moment when approval is given to a quotation or when an order is placed electronically. The consumer is always informed of the general terms and conditions before clicking the agreement button.
4.2 Both SB Designs Creations and the consumer confirm that a purchase or transaction made electronically constitutes a valid agreement binding both parties to their obligations.
4.3 SB Designs Creations informs every consumer, before and after placing an order, about how and where the consumer can access the following information:
- Return information and its terms
- Warranty information and its terms
- Procedure for complaints and the contact information for them
5. Right of withdrawal
5.1 When purchasing products, the consumer has the option to terminate the agreement without stating reasons within 14 days. This cooling-off period starts on the day after the consumer or a representative designated by the consumer and known to SB Designs Creations receives the product.
5.2 During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they will return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging to SB Designs Creations, in accordance with the reasonable and clear instructions provided by SB Designs Creations.
5.3 If the consumer wishes to exercise their right of withdrawal, they are obliged to notify SB Designs Creations in writing within 14 days after receiving the product. After the consumer has indicated their intention to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example, by means of proof of shipment.
5.4 If the customer has not indicated their intention to exercise their right of withdrawal and/or has not returned the product to SB Designs Creations after the periods mentioned in paragraphs 1, 2, and 3, the purchase is considered final.
6. Costs in case of withdrawal
6.1 If the consumer exercises their right of withdrawal, the costs of returning the goods are borne by the consumer.
6.2 If the consumer has made a payment, SB Designs Creations will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has been received back by SB Designs Creations or conclusive proof of complete return can be provided. The refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to another payment method.
6.3 If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation of the product’s value.
6.4 The consumer cannot be held liable for depreciation of the product’s value if the entrepreneur did not provide all legally required information about the right of withdrawal before concluding the purchase agreement.
7. Exclusion of the right of withdrawal
7.1 There are certain products that are excluded from the right of withdrawal. This exclusion is stated in the respective offer, so that the consumer is aware of it before concluding the agreement.
7.2 These exclusions of the right of withdrawal apply to:
- Custom-made and/or personalized products. These products are made according to the consumer’s wishes and specifications and/or personalized according to the consumer’s preferences, making them of a personal nature.
- Digital downloads/files, due to their nature, are excluded from the right of withdrawal.
- Earrings and earring hooks cannot be returned due to hygiene reasons. When returning earrings, the amount for the earring hooks will be deducted from the purchase amount.
8. Intellectual Property
8.1 Many products in the offering are of own design, handmade, or handcrafted. The rights to these designs remain with SB Designs Creations.
8.2 Products from the offering may not be reproduced. Products from the offering may not be resold or redistributed, unless expressly agreed upon in writing.
8.3 Digital products are for personal use only and may not be disclosed or otherwise distributed publicly.
8.4 For illustrated products, ownership of the illustration remains with SB Designs Creations.
8.5 All images on this website are also the property of SB Designs Creations and may not be copied, used or distributed online without written permission.
8.6 In the event of copyright infringement, an attempt will first be made to contact the person committing the infringement. If you do not stop, change, dispute or comply with the copyright infringement, legal action will be taken.
8.7 SB Designs Creations is entitled to mention its name (optional) on products of its own design, which are made or edited by hand and/or which are designed according to its own insight and are therefore to a greater or lesser extent unique in nature.
9. The price
9.1 SB Designs Creations reserves the right to make price changes as a result of price increases in basic materials, price changes at third parties (related to the production process and/or distribution process), administrative changes in charges and changes in VAT rates.
9.2 Since many products are handmade and/or of our own design, financial fluctuations, as mentioned in paragraph 1, regularly apply.
9.3 All prices of products in the offer are stated including VAT.
9.4 All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, SB Designs Creations is not obliged to deliver the product at the incorrect price.
10. Warranty Policy
10.1 SB Designs Creations guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date the agreement was concluded. and/or government regulations. If agreed, SB Designs Creations also guarantees that the product is suitable for other than normal use.
10.2 A guarantee provided by SB Designs Creations, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against SB Designs Creations under the agreement.
10.3 Any defects or incorrectly delivered products must be reported to SB Designs Creations in writing within 4 weeks of delivery. Products must be returned in the original packaging and in new condition.
10.4 The warranty does not apply if:
- The consumer has repaired and/or edited the delivered products himself or has had them repaired and/or edited by third parties;
- The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or are contrary to the instructions of the entrepreneur and/or on the packaging;
- The defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
10.5 Different product categories have their own provisions regarding the warranty. Please refer to the warranty policy for these provisions.
11. delivery and execution
11.1 SB Designs Creations will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
11.2 The place of delivery is the address that the consumer has provided to SB Designs Creations.
11.3 SB Designs Creations will execute accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. Given small productions, production on demand and/or manufacturing/processing by hand, processing indications in working days are included in the product descriptions.
11.4 All processing & delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a term does not entitle the consumer to compensation. If the processing time is exceeded by more than 5 working days, SB Designs Creations will always consult with the consumer and, at the consumer’s request, the agreement can be terminated.
11.5 In the case of paragraph 4, SB Designs Creations will refund any agreements already paid as soon as possible, but no later than within 14 days.
11.6 If processing and/or delivery of an ordered product remains impossible, SB Designs Creations will make every effort to make a replacement item available. This is always done in consultation with the consumer. Since many products are handmade, handcrafted and/or custom designed in nature, this is unfortunately not always possible. In that case, the consumer is entitled to select a replacement item or to have the amount already paid refunded.
11.7 SB Designs Creations is not responsible for delays at delivery companies. No rights can be derived from delayed deliveries through no fault of SB Designs Creations (for example due to backlog at delivery companies).
12. Payment & Payment Options
12.1 Payment options for this website are Ideal, bank transfer & Pay-Pall.
12.2 For subsequent payments, the consumer must pay the invoice within 14 days after receipt of the order or completion of the service.
12.3 When the payment term has expired, SB Designs Creations will send a reminder, stating that in the event of failure to pay, SB Designs Creations is entitled to outsource the claim. Any interest and additional costs will then be borne by the consumer.
13. Complaints procedure
13.1 In the unlikely event of complaints, the consumer must contact SB Designs Creations so that appropriate measures can be taken.
13.2 Complaints about a product, service, service or performance of the agreement can be reported directly to SB Designs Creations, via the general contact details.
13.3 Complaints must be submitted fully and clearly described to SB Designs Creations within a reasonable time after the consumer has discovered the defects.
13.3 Complaints submitted will be handled by SB Desgins Creations as soon as possible, but will be answered within 14 days at the latest with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
13.4 The consumer must give SB Designs Creations at least 4 weeks to resolve the complaint by mutual agreement before the consumer takes further steps.
14. Dutch Law
14.1 Agreements between SB Designs Creations and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
15 Privacy
15.1 SB Designs Creations takes the privacy of its customers, website visitors and other third parties very seriously. In the privacy statement you can read how SB Designs Creations handles Privacy.
16 Birth Announcements Collection (addendum)
16.1 Exclusivity
All birth announcements are hand and digitally drawn & designed by SB Designs (Creations), Susanne Boer. The designs are unique and cannot be found anywhere else. Birth announcements from the general collection can be ordered multiple times, but complete exclusivity applies to a custom announcement.
16.2 License
By default there is a basic license. This means that the design may only be used for the agreed expressions, such as a birth announcement or the image printed on canvas. With a custom card, the image may only be used for the stated expressions, unless otherwise agreed.
16.2 Prices
The prices of the online birth announcement collection are listed on the website. In case of changes, the date is always indicated. SB Designs Creations reserves the right to change prices based on price changes from suppliers & third parties, complexity of the design and inflation. For both custom birth announcements and an order from the collection, a quote is sent in advance, so that there are no surprises about the costs.
16.3 Ordering
You can place an order via the order form or directly by e-mail (info@sbdesigns.nl) containing all the information that is already known. Based on this information, an order overview including price quote and digital example will be drawn up, after which it is up to you to definitively approve the order.
16.4 Payment
Before you receive a paper proof, the order must be paid for. Payment is made by means of a transfer or a payment link, with the amount stated on the invoice. When making a manual transfer, always state the invoice number, so that it is immediately clear to SB Designs Creations which order it concerns.
16.5 Ownership and Copyright
SB Designs Creations remains the owner of the illustrations. This means that the illustration may not simply be used for other applications. Written permission from SB Designs Creations is required for any use other than what is stated on the invoice. Likewise, no changes or adjustments may be made to the artwork. The designs may not be copied, reproduced or commercialized in any way. Legal action will be taken in case of violations.
16.6 Attribution
SB Designs Creations reserves the right to include its logo and/or name & (portfolio) website mention on the design (in keeping with the design). SB Designs Creations also reserves the right to publish work online (for promotional and portfolio purposes). With an online publication, personal data is always removed or made illegible.
16.7 Cancellation
Canceling an order is always possible, but is not always free of charge. As long as you have not yet agreed to the order overview/quote, you can cancel the order free of charge. If you cancel a standard ticket from the collection after you have agreed to the quote, you will be charged €35. This applies until the cards are printed.
Did you agree after the digital final test with all the details? Then the order for the printing has been given and the order can no longer be canceled. All costs incurred (including printing costs) will then be charged. Consult the General Terms and Conditions for detailed information.
Cancellations for illustrative changes to the design or a completely customized ticket, the cancellation costs depend on the number of hours already spent on the design.
16.8 Providing data
SB Designs Creations is not responsible for text or spelling errors. Before the work goes to the printer, you will receive a digital final proof. Check these carefully!
Colors on a screen may differ (slightly) from the printed colors. The price for the birth announcements always includes a paper proof. This printed proof is mandatory, so that you have seen in advance what the actual colors of the birth announcement are.
When files are supplied for a design (poem, photo, text), it is assumed that the rights for use have been arranged (rights released, license paid, etc.). SB Designs Creations is not responsible for the rights of supplied material.
16.9 Printing and Shipping
The prices of the birth announcements include printing (with the exception of the target price for custom-made cards) and exclude shipping costs. The price included for the printing is the price for an urgent order. This means that when the baby is born and the name and address details are known, the details can be passed on directly to SB Designs Creations, processed on the final digital proof and, after your approval, printed & sent immediately.
16.10 Delivery time
When the final digital proof is approved, the cards are printed and sent immediately. Within the Netherlands, if you order before 12:00, it will usually be delivered the next working day. After 12:00, it will be delivered within 2 working days. However, no rights can be granted in this regard. The package is sent via transport companies and there are sometimes delays that unfortunately cannot be helped.
16.11 Damage
The birth announcements and any matching products are delivered directly to you from the printing company. In the unlikely event that the birth announcements have suffered damage, please contact SB Designs Creations immediately. A suitable solution can then immediately be found.