Terms & Conditions

1. General

1.1. By accessing and using this website and its content, and/or by placing an order on this website (hereafter “Website”), you agree to be bound by these terms and conditions (hereafter: “Terms and Conditions”), which constitute an agreement between yourself (hereafter "User") and Koen de Jonge, with offices in Belgium (for contact information see below), registered with the Belgian Crossroad Bank of Enterprises under company number 0794 843 536 (hereafter “We”, “Us” or "Merel.speelt.plays.gioca"). By accepting the Terms and Conditions, you waive the application of any other terms.

2. Using the Website and signing up

2.1. User may create an account on the Website by registration. Registration is done by the User opening and us activating a User account. Opening an account may be done either by providing an e-mail address and password, or by linking an existing external account with certain third party services.

3. Placing an order and delivery of the Products

3.1. The User can purchase digital, printable, graphical templates (hereafter: “Digital Products”), as well as physical products (hereafter: “Physical Products”) as shown on the Website. Reference to all categories of products is done using the term “Products”.

3.2. The Products as shown on the Website do not constitute an offer but merely an invitation to bid. To purchase one or multiple Products, the User must place the Products in its virtual basket, provide contact information (such as e-mail address, name, billing address, delivery address), and confirm the order through online payment on the Website. Subsequently, the User will receive a confirmation of the order both by referral to a confirmation page on the Website and by e-mail from us. Such confirmation (either on the Website or by e-mail, whichever comes first) shall constitute an agreement.

3.3. The purchase of Products is solely governed by these Terms and Conditions and the specific order terms.

3.4. Delivery of the Digital Products is solely electronically by referral to the download page on the Website and by e-mail to the address that was provided during the order process. The download link of the Digital Products is valid for 30 days after delivery, after which the link expires automatically. Delivery of Physical Products is done to the delivery address as indicated by the User. Delivery will occur within a reasonable term after we have received full payment of the ordered Products.

3.5. If delivery of the Products has not occurred within the delivery period as indicated, the User may demand an additional reasonable delivery term via registered letter. In case of ongoing non-delivery, the User is entitled to terminate the Agreement using a registered letter to us.

4. Price and payment

4.1. All prices mentioned on the Website are final prices (totals), VAT included.

4.2. Payment of the Products can be effected only by online payment, and only via one of the accepted payment methods as mentioned on the Website. We reserve the right to not accept certain payment methods for a given order and the refer to other payment methods.

5. Intellectual property

5.1. The User understands that all intellectual property rights (including copyright) with respect to the Products, our Website, our trade names, logos, texts, belong fully and exclusively with us.

5.2. By purchasing one or more Digital Products, the User is granted a non-exclusive, revocable, worldwide, non-transferable and non-sublicensable personal right to (1) reproduce the Digital Products exclusively for personal and non-commercial purposes (such as crafting own works by using the Digital Products) and (2) the public communication of any crafted own works by using the Digital Products exclusively for personal and non-commercial purposes, provided that such public communication must always go along with a proper mentioning of credit to @merel.speelt.plays.gioca (www.merelspeeltplaysgioca.com).

5.3. Unless insofar allowed by mandatory law, the User is in no event granted additional rights beyond the license granted in the previous paragraphs. For example, the User may not, directly or indirectly:

Use the Products in whole or in part for commercial purposes.
Redistributing, reselling, sublicensing, publicly communicating or sharing in any way the Products themselves in whole or in part to third parties, either directly (e.g. by e-mail or by shareable links) or indirectly (e.g. by sharing the Digital Products via social media platforms).
Modify the Products themselves in whole or in part.

5.4. The User may not use the Products in such way that such usage would infringe the rights of any third party, such as intellectual property rights.

6. Promocodes

6.1. Promocodes can be given out during advertising campaigns and are valid for a certain period of time.

6.2. A promocode can be redeemed only once in connection with an order, and only within a specified period of time. Certain Products may be excluded for the promotional voucher.

6.3. A promocode can only be redeemed during the ordering process and not afterwards.

6.4. Multiple promocodes cannot be applied cumulatively to the same order.

7. Statutory right of revocation

7.1. If the User is acting as a consumer, he enjoys a statutory right of revocation, which allows the User to revoke the agreement within 14 days from the day after delivery of the Products.

7.2. The right of revocation does not apply if the Products have been the subject of a request for personalization by the User.

7.3. The User understands that the right of revocation for Digital Products, expires prematurely (i.e. before the expiry of the aforementioned period of 14 days) as soon we have initiated the delivery of the Digital Products with your express prior consent.

7.4. The User can invoke the right of revocation by sending an e-mail to merel.speelt.plays.gioca@gmail.com, in which the User should specify (1) the request to revoke the agreement and (2) the order number as mentioned in the order confirmation.

7.5. According to Belgian Law, the User is also free to use the following model form for revocation and to send it back either via e-mail or by post letter:

To: Merel.speelt.plays.gioca, De Nieuwe Vierschaar 7, 8520 Kuurne, Belgium, 0794 843 536, merel.speelt.plays.gioca@gmail.com

I/we (*) hereby revoke the contract concluded by me/us (*) to purchase the following Products: ………………………………………
Ordered on (*)/received on (*) ………………………………………
Name/names consumer (s): ………………………………………
Address consumer (s): ………………………………………
Date: ………………………………………
Signature consumer(s) (only when delivering this form on paper) ………………………………………

* Delete where applicable

8. Warranty

8.1. The User, under the condition that he is a consumer, enjoys a statutory warranty on the Products. The statutory warranty lasts for two years following the delivery of the Products. The warranty is applicable to any lack of conformity that impacts the Products, for example if:

The Products contains defects.
The features of the purchased Digital Products do not match the preview as displayed on the Website.
The quality/quantity and the presentation of the Digital Products do not meet your expectations that we created.
The Digital Products are not useable for the use purposes as mentioned in the product description on the Website.
Etc.

8.2. If the User identifies a conformity defect with regards to the Products, the User must inform this to us immediately and no later than two months after identifying the defect.

8.3. If the complaint is founded, we will either make the Products conform, or if such is impossible, reimburse the amounts paid for the non-conform Products.

9. Liability

9.1. We are not liable for the technical availability of the Website. We may disable the Website, in particular if this is required for technical maintenance improvements or security measures.

9.2. We are not liable for the contents of hyperlinks on the Website.

9.3. Except in case of our intentional or grave misconduct, we are in no event liable for indirect or consequential losses, such as, but not limited to, loss of turnover or profit, loss of data, loss of opportunities, etc.

10. Indemnity

10.1. The User shall indemnify Merel.speelt.plays.gioca from any and all claims, liabilities and settlements, including reasonable legal fees, arising out of or allegedly resulting from any conduct that violates these Terms and Conditions or any other legal provision.

11. Severability clause

11.1. The nullity or unenforceability of one or more stipulations of these Terms and Conditions, will nonetheless retain its maximum permissible effect and this will have no influence on the validity or enforceability of the other stipulations of these Terms and Conditions. The null or invalid stipulation will be automatically replaced with a valid and enforceable stipulation that is as closely related as possible with the initial contractual intentions of the parties.

12. Modification of the Terms and Conditions

12.1. We reserve the right to modify the Terms and Conditions at any time without obligation to notify the User thereof. By entering into a new agreement to purchase Products, User accepts the Terms and Conditions in its modified form.

12.2. Any modification of the Terms and Conditions has no retrospective effect on already existing agreements.

13. Applicable law and competent court

13.1. The agreement between parties is solely governed by Belgian law.

13.2. All disputes concerning the agreement between parties fall under the exclusive jurisdiction of the Belgian courts, and more specifically the courts competent over the address of Merel.speelt.plays.gioca. If the User is a consumer, the exclusive jurisdiction shall be vested with the Belgian court competent over the location where the contractual obligations in question have originated, were performed or had to be performed.

14. Contact Information

Merel.speelt.plays.gioca

merel.speelt.plays.gioca@gmail.com

Koen de Jonge

8520 Kuurne

De Nieuwe Vierschaar 7

Belgium

Registered with the Belgian Crossroad Bank for Enterprise under company number 0794 843 536