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Copyrights, Intellectual property and General Conditions |
Copyrights © BeColourful; by Jacqueline de Jonge
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Netherlands and other copyright laws, and is the property of BeColourful; by Jacqueline de Jonge. The collective work includes works that are licensed to BeColourful; by Jacqueline de Jonge. Copyright 2004-2022, BeColourful; by Jacqueline de Jonge ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with BeColourful; by Jacqueline de Jonge or purchasing BeColourful; by Jacqueline de Jonge patterns or other products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with BeColourful; by Jacqueline de Jonge or to purchase BeColourful; by Jacqueline de Jonge patterns or products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by BeColourful; by Jacqueline de Jonge. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
General Conditions
Article 1 General
3. These conditions form part of every agreement, as well as the implementation thereof, between BeColourful; by Jacqueline de Jonge and a purchaser, insofar as BeColourful; by Jacqueline de Jonge has not amended these conditions explicitly and in writing.
4. If one or more clauses of these general conditions are declared invalid or have been made invalid, the other clauses of these general conditions remain applicable. A void or annullable clause will, insofar as it is possible, be converted to a valid clause.
Article 2 Tenders
2. Tenders made by BeColourful; by Jacqueline de Jonge are without commitment. The term for acceptance is 20 days from the date of tender.
Article 3 Agreement
4. BeColourful; by Jacqueline de Jonge will dispatch the ordered items after the invoice for the goods has been paid.
5. Delivery times are only indicative. If the delivery time is exceeded the purchaser does not have the right to terminate the contract. However, the purchaser can give BeColourful; by Jacqueline de Jonge a period of at least 30 days during which the delivery has to take place.
6. Until the moment the invoice is paid, the purchaser is entitled to cancel an agreement, providing the purchaser pays BeColourfu; by Jacqueline de Jongel for the incurred damages, including lost profit. The damages will be set at a minimum of 30% of the order value. After the invoice has been paid, the purchaser loses the right of cancellation.
Article 4 Payment etc.
3. Payment has to be made within 14 days after the invoice date. Late payment will lead to the purchaser becoming liable to pay collection charges and a monthly interest of 1.5%.
4. In case of liquidation, bankruptcy, seizure or a judicial settlement against the purchaser, all debts to BeColourful; by Jacqueline de Jonge from the purchaser are immediately due. In this case BeColourful; by Jacqueline de Jonge is entitled to terminate the agreement with immediate effect.
Article 5 Reservation of title
3. All goods delivered by BeColourful; by Jacqueline de Jonge remain the property of BeColourful; by Jacqueline de Jonge until the purchaser has performed all his/her/its contractual obligations (including those concluded before and after) with BeColourful; by Jacqueline de Jonge.
4. The purchaser is not entitled to pledge or otherwise encumber any goods for which title is reserved.
Article 6 Complaints
2. After delivery, the purchaser undertakes to check if the obligations of the contract have been fulfilled in a timely manner. Notification to BeColourful; by Jacqueline de Jonge concerning complaints or flaws should be immediately made, at the latest within 7 days after delivery, with the reasons duly substantiated. In the case of a well-founded complaint, BeColourful; by Jacqueline de Jonge will replace the items concerned free of charge.
Article 7 Liability
3. BeColourful; by Jacqueline de Jonge is only responsible for direct damage. Direct damage is understood as:
- the reasonable costs for the assessment of the cause and scale of the damage, insofar as the assessment relates to damage as defined in these clauses;
- reasonable costs, incurred to prevent or limit damages, insofar as the other party can prove that these costs have lead to limitation of direct damages as defined in these clauses.
4. Under no circumstances can BeColourful; by Jacqueline de Jonge be held responsible for indirect damages, including consequential damage, lost profits, lost savings or damage through business interruptions.
3. Becolourful; by Jacqueline de Jonge's liability is always limited to the invoice amount of the delivery/agreement concerned.
Article 8 Force majeure
3. If BeColourful; by Jacqueline de Jonge is unable to meet its contractual obligations or is unable to meet them correctly or on time due to conditions beyond its control including but not limited to: war, danger of war, civil war, insurgency, civil unrest, terrorism, strikes, occupation of the factory, lock-outs, fire, environmental and water damage, floods, governmental decisions, electricity failure and failure in the delivery of company supplies, sudden incapacity for work, failure of the computer network and other situations that can lead to stagnation in the day to day office operations for which BeColourful; by Jacqueline de Jonge cannot reasonably be held accountable or cannot be at BeColourful; by Jacqueline de Jonge’s risk, these obligations are to be delayed until such time as BeColourful; by Jacqueline de Jonge is capable of meeting its obligations as agreed to, without BeColourful; by Jacqueline de Jonge being in default with regards to its fulfillment of the obligations and without being held liable to provide compensation for damages.
4. If the situation as defined in 8.1. has occurred for 30 consecutive days, the purchaser has the right to fully or partially terminate the contract in writing with immediate effect.
Article 9 Intellectual property and copyright
3. All patterns have been deposited and registered by BeColourful; by Jacqueline de Jonge at a public notary office in Delft.
4. All goods supplied by BeColourful; by Jacqueline de Jonge are to be used solely by the purchaser and must not be duplicated, made public or be presented to third parties without BeColourful; by Jacqueline de Jonge's prior, written, consent. Becolourful; by Jacqueline de Jonge remains and always will be the owner of the copyright and Jacqueline de Jonge owns all the intellectual property rights of all designs and patterns from 2003 - 2016. The purchaser will respect those rights. In case of infringement the purchaser has to pay a fine of € 5,000 for each infringement, subject to BeColourful; by Jacqueline de Jonge’s right to claim damages.
Article 10 Applicable laws
3. Dutch law will apply to every agreement between BeColourful; by Jacqueline de Jonge and the purchaser.
4. The court of The Hague (or the sector district Delft if the district judge is authorized) has unlimited jurisdiction in disputes.
KvK nummer: 27266271
BTW nummer: NL179110445B01
3. These conditions form part of every agreement, as well as the implementation thereof, between BeColourful; by Jacqueline de Jonge and a purchaser, insofar as BeColourful; by Jacqueline de Jonge has not amended these conditions explicitly and in writing.
4. If one or more clauses of these general conditions are declared invalid or have been made invalid, the other clauses of these general conditions remain applicable. A void or annullable clause will, insofar as it is possible, be converted to a valid clause.
Article 2 Tenders
2. Tenders made by BeColourful; by Jacqueline de Jonge are without commitment. The term for acceptance is 20 days from the date of tender.
Article 3 Agreement
4. BeColourful; by Jacqueline de Jonge will dispatch the ordered items after the invoice for the goods has been paid.
5. Delivery times are only indicative. If the delivery time is exceeded the purchaser does not have the right to terminate the contract. However, the purchaser can give BeColourful; by Jacqueline de Jonge a period of at least 30 days during which the delivery has to take place.
6. Until the moment the invoice is paid, the purchaser is entitled to cancel an agreement, providing the purchaser pays BeColourfu; by Jacqueline de Jongel for the incurred damages, including lost profit. The damages will be set at a minimum of 30% of the order value. After the invoice has been paid, the purchaser loses the right of cancellation.
Article 4 Payment etc.
3. Payment has to be made within 14 days after the invoice date. Late payment will lead to the purchaser becoming liable to pay collection charges and a monthly interest of 1.5%.
4. In case of liquidation, bankruptcy, seizure or a judicial settlement against the purchaser, all debts to BeColourful; by Jacqueline de Jonge from the purchaser are immediately due. In this case BeColourful; by Jacqueline de Jonge is entitled to terminate the agreement with immediate effect.
Article 5 Reservation of title
3. All goods delivered by BeColourful; by Jacqueline de Jonge remain the property of BeColourful; by Jacqueline de Jonge until the purchaser has performed all his/her/its contractual obligations (including those concluded before and after) with BeColourful; by Jacqueline de Jonge.
4. The purchaser is not entitled to pledge or otherwise encumber any goods for which title is reserved.
Article 6 Complaints
2. After delivery, the purchaser undertakes to check if the obligations of the contract have been fulfilled in a timely manner. Notification to BeColourful; by Jacqueline de Jonge concerning complaints or flaws should be immediately made, at the latest within 7 days after delivery, with the reasons duly substantiated. In the case of a well-founded complaint, BeColourful; by Jacqueline de Jonge will replace the items concerned free of charge.
Article 7 Liability
3. BeColourful; by Jacqueline de Jonge is only responsible for direct damage. Direct damage is understood as:
- the reasonable costs for the assessment of the cause and scale of the damage, insofar as the assessment relates to damage as defined in these clauses;
- reasonable costs, incurred to prevent or limit damages, insofar as the other party can prove that these costs have lead to limitation of direct damages as defined in these clauses.
4. Under no circumstances can BeColourful; by Jacqueline de Jonge be held responsible for indirect damages, including consequential damage, lost profits, lost savings or damage through business interruptions.
3. Becolourful; by Jacqueline de Jonge's liability is always limited to the invoice amount of the delivery/agreement concerned.
Article 8 Force majeure
3. If BeColourful; by Jacqueline de Jonge is unable to meet its contractual obligations or is unable to meet them correctly or on time due to conditions beyond its control including but not limited to: war, danger of war, civil war, insurgency, civil unrest, terrorism, strikes, occupation of the factory, lock-outs, fire, environmental and water damage, floods, governmental decisions, electricity failure and failure in the delivery of company supplies, sudden incapacity for work, failure of the computer network and other situations that can lead to stagnation in the day to day office operations for which BeColourful; by Jacqueline de Jonge cannot reasonably be held accountable or cannot be at BeColourful; by Jacqueline de Jonge’s risk, these obligations are to be delayed until such time as BeColourful; by Jacqueline de Jonge is capable of meeting its obligations as agreed to, without BeColourful; by Jacqueline de Jonge being in default with regards to its fulfillment of the obligations and without being held liable to provide compensation for damages.
4. If the situation as defined in 8.1. has occurred for 30 consecutive days, the purchaser has the right to fully or partially terminate the contract in writing with immediate effect.
Article 9 Intellectual property and copyright
3. All patterns have been deposited and registered by BeColourful; by Jacqueline de Jonge at a public notary office in Delft.
4. All goods supplied by BeColourful; by Jacqueline de Jonge are to be used solely by the purchaser and must not be duplicated, made public or be presented to third parties without BeColourful; by Jacqueline de Jonge's prior, written, consent. Becolourful; by Jacqueline de Jonge remains and always will be the owner of the copyright and Jacqueline de Jonge owns all the intellectual property rights of all designs and patterns from 2003 - 2016. The purchaser will respect those rights. In case of infringement the purchaser has to pay a fine of € 5,000 for each infringement, subject to BeColourful; by Jacqueline de Jonge’s right to claim damages.
Article 10 Applicable laws
3. Dutch law will apply to every agreement between BeColourful; by Jacqueline de Jonge and the purchaser.
4. The court of The Hague (or the sector district Delft if the district judge is authorized) has unlimited jurisdiction in disputes.
KvK nummer: 27266271
BTW nummer: NL179110445B01
All designs, patterns, images and text are © 2004-2024 copyright BeColourful; by Jacqueline de Jonge. Reproduction of any kind is expressly prohibited without written consent.