Terms and Conditions
Article 1 | Definitions
1.1 Melle Bloemen Media is established in Bakel and registered with the Dutch Chamber of Commerce under number 68811896.
1.2 Customer: any natural or legal person who enters into an agreement with Melle Bloemen Media.
1.3 Consumer: a Customer who is a natural person not acting in the course of a profession or business.
1.4 Website: www.mellebloemen.com.
1.5 Products: all goods offered by Melle Bloemen Media, including but not limited to original artworks, reproductions, and related items.
1.6 Agreement: any distance contract concluded between Melle Bloemen Media and the Customer via the Website or other means of distance communication (e.g. email).
1.7 Withdrawal period: the period during which a Consumer may exercise the right of withdrawal.
1.8 Right of withdrawal: the right of a Consumer to cancel the Agreement within the withdrawal period.
Article 2 | Applicability
2.1 These terms and conditions apply to all offers, orders, and agreements relating to the sale of Products by Melle Bloemen Media.
2.2 Any terms and conditions used by the Customer are expressly rejected.
2.3 If any provision of these terms is declared void or unenforceable, the remaining provisions remain in full force.
2.4 “In writing” includes electronic communication such as email.
2.5 Melle Bloemen Media strives to ensure that all information on its Website is accurate and up to date, but cannot guarantee that it is free from errors or omissions.
Article 3 | Offers and Products
3.1 All prices are stated in euros and include VAT, unless stated otherwise. Shipping costs are specified separately.
3.2 Products are described as accurately as possible. Minor deviations in colour, size, or appearance may occur.
3.3 Obvious errors or mistakes in offers are not binding on Melle Bloemen Media.
3.4 Delivery times are indicative and do not constitute strict deadlines.
3.5 Any import duties, taxes, or additional charges are the responsibility of the Customer.
Article 4 | Formation of the Agreement
4.1 An Agreement is concluded when the Customer accepts an offer and Melle Bloemen Media confirms the order.
4.2 Melle Bloemen Media reserves the right to refuse or cancel an order without stating reasons. Any payments made will be refunded promptly.
Article 5 | Delivery
5.1 Products will be shipped as soon as reasonably possible after conclusion of the Agreement.
5.2 Delivery is made to the address provided by the Customer.
5.3 Risk of loss or damage passes to the Customer upon delivery.
Article 6 | Right of Withdrawal (Consumers only)
6.1 The Consumer has the right to withdraw from the Agreement within fourteen (14) days after receiving the Product.
6.2 During this period, the Consumer must handle the Product with care and only unpack it to the extent necessary to assess it.
6.3 The Consumer must return the Product unused, undamaged, and in its original packaging.
6.4 The costs and risk of return shipment are borne by the Consumer.
6.5 Melle Bloemen Media will refund all payments received, including standard delivery costs, within fourteen (14) days after receiving the returned Product or proof of return.
6.6 The right of withdrawal does not apply to Products made to the Consumer’s specifications or clearly personalised items.
Article 7 | Complaints and Warranty
7.1 The Customer must inspect the Product upon delivery and report any defects within seven (7) days.
7.2 If a complaint is justified, Melle Bloemen Media will, at its discretion, repair, replace, or refund the Product.
7.3 Warranty does not apply if damage is caused by improper use or handling by the Customer.
Article 8 | Prices and Payment
8.1 Payment must be made at the time of ordering unless otherwise agreed.
8.2 Melle Bloemen Media reserves the right to correct pricing errors.
8.3 The Customer must report any invoicing errors without delay.
Article 9 | Retention of Title & Intellectual Property
9.1 All Products remain the property of Melle Bloemen Media until full payment has been received.
9.2 All intellectual property rights, including copyrights, remain with Melle Bloemen Media.
9.3 It is not permitted to reproduce, distribute, or use any content from the Website or Products without prior written permission.
Article 10 | Force Majeure
10.1 Melle Bloemen Media is not liable for failure to fulfil obligations due to force majeure.
10.2 In case of force majeure lasting longer than thirty (30) days, both parties may terminate the Agreement without liability.
Article 11 | Liability
11.1 Liability of Melle Bloemen Media is limited to the amount paid for the relevant Product.
11.2 Melle Bloemen Media is only liable for direct damages.
11.3 Melle Bloemen Media is not liable for indirect damages, including but not limited to loss of profit, loss of savings, or business interruption.
Article 12 | Applicable Law and Disputes
12.1 All agreements are governed exclusively by Dutch law.
12.2 Disputes will first be resolved amicably where possible.
12.3 Any disputes will be submitted to the competent court in the Netherlands.
Copyright
All visuals, artworks, and images created by Melle Bloemen Media are protected under Dutch and international copyright laws.
Any reproduction, duplication, distribution, publication, or other use of these works - whether in physical or digital form - without prior written consent from Melle Bloemen Media is strictly prohibited.
The purchase of a Product does not grant any copyright or commercial usage rights, unless explicitly agreed otherwise in writing.
Unauthorized use of any work created by Melle Bloemen Media constitutes an infringement of copyright. In such cases, Melle Bloemen Media reserves the right to take legal action and claim compensation for damages.
In the event of unauthorized reproduction, sale, or distribution of an artwork or any derivative thereof, Melle Bloemen Media is entitled to claim:
Compensation equivalent to the current market value of the original artwork, with a minimum of EUR 3,000 per infringement; and
An additional penalty of EUR 5,000 per infringement, without prejudice to the right to claim full damages under applicable law.
The infringing party shall also be liable for all reasonable legal and enforcement costs incurred by Melle Bloemen Media.
Melle Bloemen Media reserves the right to demand the immediate cessation of the infringement and to request the return, removal, or destruction of all infringing materials, in accordance with applicable law.
Where appropriate, Melle Bloemen Media may choose to propose an amicable financial settlement prior to initiating legal proceedings.
For inquiries or requests for permission, please contact: artworks@mellebloemen.com