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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 Digital Products

3.1. The User can purchase digital, printable, graphical templates as shown on the Website (hereafter: “Digital Products”). 

 

3.2. The Digital Products as shown on the Website do not constitute an offer but merely an invitation to bid. To purchase one or multiple Digital Products, the User must place the Digital Products in its virtual basket, provide contact information (e-mail address and name), 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 Digital 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. Delivery will occur within a reasonable term after we have received full payment of the ordered Digital Products.

 

3.5. The download link of the Digital Products is valid for 30 days after delivery, after which the link expires automatically.

 

4. Price and payment

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

 

4.2. Payment of the Digital Products can by 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 Digital 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. In no event the User is granted additional rights beyond the license granted in the previous paragraph. For example, the User may not, directly or indirectly:

  • Use the Digital Products in whole or in part for commercial purposes.

  • Redistributing, reselling, sublicensing, publicly communicating or sharing in any way the Digital 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 Digital Products themselves in whole or in part.

 

5.4. The User may not use the Digital 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 Digital 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 Digital Products. 

 

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

 

7.3. The User understands that the right of revocation 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 Digital 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 as a consumer enjoys a statutory warranty for digital content, which is also applicable on the Digital Products. The statutory warranty lasts for two years following the delivery of the Digital Products. The warranty is applicable to any lack of conformity that impacts the Digital Products, for example if:

  • 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 Digital Products as compared to the description of the Digital 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 Digital Products conform, or if such is impossible, reimburse the amounts paid for the non-conform Digital 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 Digital 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 courts competent over the address of Merel.speelt.plays.gioca. 

 

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

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