General Terms and Conditions of Sale
1. Scope of Applicability
1.1 These General Terms and Conditions of Sale (“GTCS”) apply to all sales of goods by Mr. Birthmark not withstanding any conflicting, contrary or additional terms and conditions in any purchase order or other communication from you. No such conflicting, contrary or additional terms and conditions shall be deemed accepted by Mr. Birthmark unless and until we expressly confirm our acceptance in writing.
1.2 We reserve the right to change these GTCS at any time.
Terms of Sales
2.1 Prices quoted in euros and valid for a period of fourteen (14) days following the date of the offer and subject to availability.
2.2 Mr. Birthmark accepts payment by Paypal, Ideal, bank transfer, Belfius DirectNet and Bancontact/Mister Cash.
2.3 Costs of artwork(s) and shipping must be paid in full with a credit card, Paypal, Ideal, bank transfer or money order. Once the payment has cleared the artwork(s) will be sent.
2.4 Once the artwork(s) is received, the client will have fourteen (14) days to decide to keep it or return it. The client will immediately notify Mr. Birthmark if the artwork(s) is to be returned. Only approved shipping methods may be used.
2.5 If the artwork(s) is returned and is received in perfect condition, Mr. Birthmark will reimburse the cost of artwork(s) less the shipping and handling fee for shipping both ways and any associated costs.
All returns should be sent to Borssenburgstraat 28-1, 1078 VE Amsterdam, The Netherlands
Prices and Terms of Payment
3.1 The prices for goods shall be those set forth in our order confirmation. All prices are exclusive of taxes, impositions and other charges, including, but not limited to, sales, use, excise, value-added and similar taxes or charges imposed by any government authority.
3.2 Unless expressly stated otherwise in our order confirmation, payment for goods shall be made within thirty days without offset or deduction.
3.3 You must submit such financial information from time to time as may be reasonably requested by us for the establishment or continuation of payment terms. We may in our sole discretion at any time change agreed on payment terms without notice by requiring payment cash in advance or cash on delivery, bank guarantee, letter of credit or otherwise.
3.4 If you fail to pay any invoice within thirty calendar days of the due date of payment, we may suspend delivery of any purchase order or any remaining balance thereof until payment is made or terminates delivery of any purchase order or any remaining balance thereof by providing written notice of termination to you within seven calendar days of the expiration of the grace period.
Terms of Delivery and Late Delivery
Shipping and handling costs are not included in sale prices. Artwork(s) will not be shipped until payment is received in full. The client must specify the delivery address when an order is placed.
Acceptance of goods
5.1 You must inspect goods delivered upon receipt. You are deemed to have accepted goods delivered unless written notice of rejection specifying the reasons for rejection is received by us within fourteen (14) calendar days after delivery of the goods.
6.1 We warrant that upon delivery and for a period of twenty-four months from the date of delivery goods purchased hereunder will conform in all material respects to the applicable manufacturer’s specifications for such goods and will be free from material defects in workmanship, material and design under normal use. The warranty does not cover damage resulting from misuse, negligent handling, lack of reasonable maintenance and care, accident or abuse by anyone other than us.
Intellectual Property Rights Infringement
7.1 Copyrights & Trademarks. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of Mr. Birthmark. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of Mr. Birthmark.
7.2 The Buyer acknowledges that Mr. Birthmark is the exclusive owner of all rights, titles and interest in and to all intellectual property rights relating to the Goods and the Buyer will not, at any time, acquire any right, title or interest in or to said intellectual property rights as a result of any use it may make of the Goods.
7.3 In particular, and without prejudice to the foregoing generality, the Buyer hereby acknowledges, confirms and shall take any steps necessary to ensure that all intellectual property rights including all copyrights and design rights arising out of or developed in connection with the work done pursuant to the Contract, shall belong to Mr. Birthmark.
8.1 All information on the clients, their respective business or affairs and the sales of the artwork(s) is confidential.
Modification And Severability
9.1 We reserve the right to make changes to our website, our policies, and our Terms of Sale at any time and at our sole discretion. Therefore, you should review our policies, terms and conditions each time you visit the website. Your continued use of the website after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
These terms and conditions are governed by the law of the Netherlands.
Personal identification information
2.1 We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, place an order, subscribe to the newsletter, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
3.1 We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
5.1 Mr. Birthmark may collect and use Users personal information for the following purposes:
-To process payments
-We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
-To run a promotion, contest, survey or other Site feature
-To send Users information they agreed to receive about topics we think will be of interest to them.
– To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, they may do so by contacting us via our Site.
5.2 How we protect your information
-We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
-Sensitive and private data exchange between the Site and its Users happens over an SSL secured communication channel and is encrypted and protected with digital signatures.
5.3 Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Your acceptance of these terms
7.1 By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
1078 VE Amsterdam
This document was last updated on March 15, 2016