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Terms & Conditions

These Terms and Conditions are a legally binding agreement between you (hereinafter referred to as the Customer) and db Waterman, an artist registered with business number 75696797 under the laws of the Netherlands (hereinafter referred to as db Waterman, we, our or us). Upon placing an order through the (mobile) Website, or using any of the services related thereto, you agree and acknowledge that you have read, understood, and unconditionally accepted all of the Terms and Conditions contained herein.

1. Interpretation

  1. Artwork means an artwork produced by db Waterman, which shall refer to both Original Artworks and Print Artworks under these Terms and Conditions.
     

  2. Agreement means the agreement that the Customer enters into when accepting the applicability of these Terms and Conditions to a purchase or another use of Services.
     

  3. Customer is the party that executes the Order for Artworks as supplied by db Waterman, or that otherwise uses any of the Services offered by db Waterman.
     

  4. Intellectual Property Rights means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and (registered) trademarks, and any other intellectual property rights.
     

  5. Order means the Customer’s order for the Artworks from db Waterman after following the step-by-step process as set out on the Website.
     

  6. Original means an original, one-of-a-kind Artwork produced by db Waterman, of which Print Artworks may be made.
     

  7. Print means a print of the Original Artwork created by db Waterman and sold through the Website to the Customer.
     

  8. Services means the services as offered by db Waterman which relate to or are in support of the sale of Artworks.
     

  9. Website means the website on www.dbwatermanart.com, where the Artworks and Services are advertised.

2. General Applicability and Amendment

  1. These Terms and Conditions apply to all Services and Artworks offered by db Waterman, and all Orders placed by the Customer, except where expressly indicated to the contrary.
     

  2. You may not use the Services, place Orders, or accept these Terms and Conditions if you are not of legal age or have the required mental capacity to form a binding contract with db Waterman.
     

  3. Placing an Order and/or using the Services requires the unconditional acceptance by the Customer of the applicability of these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use of the Services or the Website.
     

  4. All terms and conditions used by the Customer that are contrary to these Terms and Conditions are hereby rejected and therefore do not apply to any Agreement between db Waterman and the Customer.
     

  5. In the event that one or more of the provisions in these Terms and Conditions are found to be wholly or partially invalid, the remaining provisions will remain in force. db Waterman will formulate new provisions to replace the invalid provisions, whereby the scope of the original provisions will be carefully considered.
     

  6. db Waterman may unilaterally change these Terms and Conditions. The amended Terms and Conditions are immediately applicable to any Agreements entered into after the amendments have been implemented.
     

  7. These Terms and Conditions contain the entire legal understanding between db Waterman and you and supersedes any and all prior or written understandings or agreements in relation to Customer’s access to and use of the Services as well as any Orders placed by the Customer.
     

  8. Any personal data submitted by the Customer to db Waterman will be governed by the Privacy Policy.

3. The Offered Artworks

  1. The offered Artworks will contain a complete and accurate description. The description is sufficiently detailed to enable a proper assessment of the Artwork(s) by the Customer. Where db Waterman uses images, these are a true representation of the Artworks. However, to the extent permitted by applicable law, db Waterman does not warrant or represent that the Artworks’ descriptions, colours, information, or any other content available on the Website are accurate, complete, reliable, current, or error-free. Please take the time to read descriptions carefully and check the colours on multiple screens if you are concerned about colour variations.
     

  2. db Waterman reserves the right to refuse the Services or the sale of the Artworks to anyone for any reason and at any time.
     

  3. Obvious mistakes or errors in the description or depiction of Artworks do not bind db Waterman.

4. Use of the Website

  1. The Customer must provide accurate, current, and complete information in order to place an Order. If any information provided during the registration process or order process or thereafter is or becomes inaccurate, false or misleading, then db Waterman has the right to suspend or terminate the Customer’s account or to cancel an Order.
     

  2. The Customer must maintain the confidentiality of the password and Customer account information and agrees to notify db Waterman if the Customer suspects a password is lost, stolen, or disclosed to an unauthorized third-party, or otherwise may have been compromised.
     

  3. The Customer shall duly inform db Waterman of any fact and circumstances that may be relevant in connection with the execution of the Services.
     

  4. Customer hereby agrees not to:
     

(a)  Attempt to circumvent our security systems;

(b)  Infringe in any way on any intellectual property rights of db Waterman or third parties;

(c)   Use the Website for any other purpose than intended by db Waterman;

(d)  Upload or submit content that contains viruses, or any other computer code, corrupt files, or programmes designed to interrupt, destroy, or limit the functionality, or to disrupt any software, hardware, or other equipment;

(e)   Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Website or any part thereof.

5. Orders and Payments

  1. Any amounts displayed on the Website or made known to the Customer in any other way shall be in Euros (€), including taxes and shipping costs, unless explicitly stated otherwise. Typing errors and price changes are reserved.
     

  2. db Waterman reserves the right to change the prices and rates, provided that such change is reasonably communicated to the Customer in advance of the Customer’s purchase. Once the Customer has placed an Order, the price will no longer be subject to any changes.
     

  3. The full purchase price is paid immediately upon placing an Order by the Customer providing the applicable credit or debit information with the Order.
     

  4. db Waterman takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment for online payments.
     

  5. db Waterman has the right to seize its Services until the Customer fulfils all payments due. The Services shall be reinstated once payment has been made in full.

6. Customer's Right of Withdrawal and Refunds

  1. The Customer’s right of withdrawal will only apply to Original Artworks, not Print Artworks. Print Artworks are customized to the Customer’s specifications and are therefore excluded from the EU distance selling regulations.
     

  2. The Customer has the right to withdraw from any purchase, for any reason, within a cooling-off period of 14 days after the Customer or a third party designated by the Customer in advance, who is not the carrier, has received an Order. db Waterman may ask the Customer about the reason for withdrawal, but the Customer is not obliged to state the reason(s).
     

  3. During the cooling-off period, the Customer will handle the Artwork and the packaging with due care. Customer will initially only unpack the Artwork to the extent necessary to be able to assess whether or not the Customer wants to keep the Artwork.
     

  4. If an Artwork has been customized to the Customer’s specifications, db Waterman is not obliged to accept this Artwork in return. However, db Waterman may nevertheless do so at its own discretion. Print Artworks are usually considered to be customized to the Customer’s specifications due to the Customer’s selection of sizes and/or mediums.
     

  5. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Customer. 
     

  6. Customer will notify db Waterman of the intent to exercise the right of withdrawal within the 14-day cooling-off period by following the steps set out by db Waterman on the Website. Within 14 days from the day following this notification, Customer will return the Artwork to db Waterman.
     

  7. If Customer exercises the right of withdrawal, Customer will return the unused and undamaged Artwork with all accessories supplied and - where reasonably possible - in the original shipping packaging to db Waterman.
     

  8. The Customer shall bear all the costs of returning the Artwork(s) to db Waterman.
     

  9. db Waterman will reimburse payments made by the Customer, except the costs of return, within 14 days following the day on which db Waterman has received the returned Artwork in its original state.
     

  10. db Waterman will use the same payment method that the Customer has used for the reimbursement, unless the Customer agrees to a different method. The reimbursement is free of charge for the Customer.

7. Delivery

  1. db Waterman will take all reasonable care when receiving and executing Orders for the delivery of Artworks.
     

  2. Upon delivery of any Artwork, the Customer shall be fully and solely responsible for the Artwork.
     

  3. If a package gets lost in transit, the Customer must notify db Waterman of this no later than 14 days after the estimated delivery date.
     

  4. If the Customer’s address of delivery is incorrect or insufficient, or if the package is not claimed by the Customer, the package is returned to db Waterman. The Customer will be liable for reshipment costs.
     

  5. The Customer is obliged to comply with the applicable import and export regulations and the customs regulations of the country-of-origin destination and transit.
     

  6. Any taxes, customs, or duty fees incurred on international parcels are the responsibility of the Customer. The Customer is solely responsible for all risks and consequences of importing Artworks.

8. Limitation of Liability

  1. To the maximum extent permitted by applicable law, the Services provided by db Waterman on or through the Website are provided on an “as is” basis. db Waterman makes no representations or warranties about the accuracy, correctness, quality or completeness of any information provided on or through the Website. 
     

  2. db Waterman is not liable for possible damage caused under these Terms and Conditions or an Agreement, both by itself and by third parties, except in the case of intent or deliberate recklessness on the part of db Waterman, provided that it has been demonstrated by the Customer.
     

  3. The liability of db Waterman is at all times limited to the complete amounts paid by the Customer in an Order.
     

  4. To the maximum extent permitted by law, db Waterman shall not be liable for any indirect damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from: (a) your use of the Services or purchase of any Artwork; (b) any conduct of any party other than db Waterman itself; or (c) any defect in Artworks.  
     

  5. The Customer indemnifies db Waterman against all claims from third parties for compensation of damage, including reasonable attorneys’ fees and costs. If db Waterman is held liable by a third party in relation to these Terms and Conditions and any underlying Orders, the Customer is obliged to pay db Waterman all costs related to this.

9. Intellectual Property Rights

  1. The Artworks, the Website and any supplemental content thereon are protected by applicable intellectual property laws and the Customer agrees to respect them. All rights, title, and interest not expressly granted to the Customer are reserved by db Waterman.
     

  2. db Waterman (and thereby, db Waterman) retains all rights and powers that accrue to it with regard to the intellectual property in the Artworks. The Customer may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, or exploit in any way the Artworks, or any other content on this Website.
     

  3. Even when the Customer purchases an Artwork, the ownership of any and all intellectual property rights in the Artwork remain vested in db Waterman. The Customer does not acquire any rights to multiply, reproduce, or modify the Artwork without having written permission to do so. The Customer may not commercially exploit the Artwork, other than by re-selling the Artwork. The Customer solely acquires the right to display the Artwork in their home.
     

  4. The Customer’s purchase of an Original or a Print Artwork does not, in any way, limit db Waterman to sell this exact Artwork as a Print Artwork to any other Customer.

10. Applicable Law

  1. Only the laws and regulations of the Netherlands apply to the legal relationship between db Waterman and the Customer.
     

  2. The court(s) located in the city where the db Waterman business is registered is/are authorized (in the first instance) to take cognizance of any dispute between db Waterman and the Customer, unless otherwise required by law.

11. Contact

Contact db Waterman here for questions about these Terms and Conditions.

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