TERMS AND CONDITIONS OF PRINCESS IRIS – FAIRYTALE
Article 1 (General)
1.1 These terms and conditions apply to all offers, orders and agreements of Princess Iris – Fairytale.
1.2 Princess Iris – Fairytale is a joint venture of The Rainbow Museum, established in Bussum, the Netherlands, registered with the Chamber of Commerce under number 50763458, and Mooie dingen enzo, established in Molenhoek, the Netherlands, registered with the Chamber of Commerce under number 56595034. Princess Iris – Fairytale uses the domain name princessiris-fairytale.com. The email address of Princess Iris – Fairytale is firstname.lastname@example.org. The postal address of Princess Iris – Fairytale is Van Noortstraat 20, 1403 XG, Bussum, the Netherlands.
1.3 By the conclusion of an agreement between the customer and Princess Iris – Fairytale by the way it is defined, the customer accepts the terms.
1.4 Deviations from these terms and conditions are only valid if expressly agreed in writing with Princess Iris – Fairytale.
1.5 All rights and claims, as in these conditions and stipulated in any further agreements of Princess Iris – Fairytale, are also stipulated for Princess Iris – Fairytale’s intermediaries and other third parties.
1.6 If any provision of these terms is invalid or void, the remaining provisions of these terms will remain in full force. Princess Iris – Fairytale and the client will then discuss new provisions to agree to replace the invalid provisions, as much as possible complying with the purpose and intent of the invalid provisions.
1.7 Princess Iris – Fairytale always has the right to change these terms and conditions and the content of the Princess Iris – Fairytale website.
Article 2 (Offers and contracts)
2.1 All offers of Princess Iris – Fairytale are without obligation and Princess Iris – Fairytale expressly reserves the right to change prices, especially when necessary on the basis of (legal) regulations. Price changes are always reserved.
2.2 A contract is only concluded after acceptance of your order by Princess Iris – Fairytale. Princess Iris – Fairytale is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Princess Iris – Fairytale shall notify within five days of receipt of the order.
2.3 This agreement contains the entire agreement between the customer and Princess Iris – Fairytale and supersedes all prior agreements and/or arrangements between the customer and Princess Iris – Fairytale.
2.4 The administration of Princess Iris – Fairytale serves, unless other proof is provided, as proof of instructions given by the customer to Princess Iris – Fairytale and payments and deliveries made by Princess Iris – Fairytale. Princess Iris – Fairytale acknowledges that electronic communication can serve as proof. By accepting the conditions the customer also acknowledges this.
2.5 The order confirmation includes at least the following information: – a description of the products purchased by the customer and the corresponding price – customer information such as name, address (delivery address or billing address), email address and telephone number and payment details; – the email address of Princess Iris – Fairytale.
Article 3 (Delivery and delivery times)
3.1 The delivery times specified by Princess Iris – Fairytale are only indicative. Late delivery does not entitle you to compensation nor the right to cancel your order or to terminate the agreement, unless the delay in delivery is such that you can not reasonably be expected to maintain the agreement. You are then entitled to cancel the order or terminate the agreement if necessary.
3.2 The production process is started once the payment has been received.
3.3 The products will be dispatched for delivery once the products are ready for shipment.
Article 4 (Prices and payment)
4.1 Unless otherwise indicated, the prices for the products and services offered are in euros, including VAT and excluding shipping costs. Shipping costs are charged separately per order and may vary per product. Shipping rates and taxes will be calculated based on the customer’s delivery address.
4.2 Payment shall be made without discount or compensation with the consent of the customer at the time orders are processed for the customer.
4.3 In case of non-compliance by the customer regarding payment obligations, Princess Iris – Fairytale is entitled to terminate the agreement with immediate effect without judicial intervention or to suspend its obligations, and is also entitled without giving any reason to refuse the customer access to Princess Iris – Fairytale’s systems.
4.4 Payment is possible via PayPal, iDEAL and credit card.
Article 5 (Force majeure)
5.1 Princess Iris – Fairytale is not obliged to fulfill any obligation to the customer if it is prevented from doing so due to a circumstance that is not due to its fault, neither by law, legal act or generally accepted for its account.
5.2 Circumstances as mentioned in Article 5.1 include a business failure, a failure in the energy and material supply, transport delays, strikes and no or not timely delivery by suppliers.
Article 6 (Ownership of products)
6.1 All goods delivered to the customer remain the property of Princess Iris – Fairytale, until all amounts owed by the customer for the goods supplied under the contract have been fully complied with. The risk with respect to the products is transferred to the customer at the time of delivery.
Article 7 (Intellectual and industrial property)
7.1 Princess Iris – Fairytale’s creative products, either delivered, downloaded, available digitally or in any form whatsoever, are distributed under Creative Commons Attribution-NonCommercial-ShareAlike 3.0 License (CC-BY-NC-SA 3.0), unless otherwise stated or agreed.
7.2 The customer must respect fully and unconditionally all intellectual and industrial property rights related to products distributed by Princess Iris – Fairytale.
Article 8 (Complaints and liability)
8.1 You have the obligation to inspect whether the products meet the agreement. If this is not the case, you should inform Princess Iris – Fairytale as soon as possible and in any case within ten days after delivery, or after the observation was reasonably possible, in writing and motivated.
8.2 If it is demonstrated that a product does not meet the agreement, this product can be returned, after which it will be replaced by a new product.
Article 9 (Orders and communication)
9.1 Princess Iris – Fairytale is in no way responsible for misunderstandings, damages, delays or unclear orders and messages resulting from the use of the Internet or any other means of communication between the customer and Princess Iris – Fairytale, or between Princess Iris – Fairytale and others, concerning the relationship between the customer and Princess Iris – Fairytale.
Article 10 (Personal data and privacy)
10.1 Personal data entered by the customer will be stored in a file. These data will be used for the execution of the customer’s order.
10.2 Only if the customer has indicated that he/she appreciates this, the customer data will be entered in Princess Iris – Fairytale’s central customer database. This data will be used to keep the customer up-to-date regarding the products and services of Princess Iris – Fairytale. The processing of customer data will occur in accordance with applicable laws and regulations.
10.3 Payment details such as credit card, bank and bank account details of the customer will be stored by Princess Iris – Fairytale in any file.
10.4 The customer can optionally obtain an overview of his/her customer data recorded by Princess Iris – Fairytale in Princess Iris – Fairytale’s customer database. The customer is entitled to require modification of the data, if the data is not correct.
Article 11 (Miscellaneous)
11.1 If the customer has provided Princess Iris – Fairytale with an address, Princess Iris – Fairytale is entitled to send all orders to this address until the client Princess Iris – Fairytale has provided a new address.
11.2 If Princess Iris – Fairytale during any period of time permits or has permitted deviations from these terms and conditions, this shall not affect its right to demand immediate and strict compliance with the terms and conditions. The client can never assert any right by virtue of the fact that Princess Iris – Fairytale has not observed these conditions strictly.
11.3 In the execution of the order(s) of the customer Princess Iris – Fairytale may make use of third parties.
Article 12 (Applicable law and disputes)
12.1 On all Princess Iris – Fairytale’s offers, orders and agreements the law of the Netherlands applies.
12.2 All disputes between parties will be submitted exclusively to the competent court in the Netherlands.