GENERAL CONTRACTING CONDITIONS OF WWW.ROMINAROLLHAUSER.COM
Owner: Romina Rollhauser (hereinafter www.rominarollhauser.com)
VAT number / BTW- id: NL002513700B83 / KvK nr.: 80561187
Registered office: Caspar Fagelstraat 76, 2613GX, Delft.
This is what I do:
- Illustrations for children’s books.
- Illustrations for magazines/editorials.
- Illustrations for personal orders such as portraits, birth cards, etc.
- Illustrations for cards, stationery and merchandising.
WHAT ARE THE INTERVENING PARTIES?
The intervening parties are constituted by the User or Client and the Responsible Party, identified in the first section of this web page https://www.rominarollhauser.com/
Any user who buys/contract the items/services offered on www.rominarollhauser.com who is a natural person, of legal age, with legal capacity and who provides the necessary data for contracting will be considered a Client. Likewise, any legal entity that accrediting this condition accepts the terms set forth herein. In both cases, the Client must have sufficient legal capacity to contract the services offered by this website.
WHAT IS THE PURPOSE OF THESE GENERAL CONTRACT CONDITIONS?
The general contracting conditions exposed here together with the particular conditions that may be determined, will regulate the relations between the users of the web page, hereinafter User or Client, aimed at the purchase of any of the items included in “virtual stores” or “the spaces” of each one with the products or services they offer.
These conditions will be in force from their publication on the website indefinitely. Any modification will be published on this website, and the Client must accept them at the time of contracting the services offered here, whatever their modality. Likewise, the purchase of any item offered on this website implies acceptance of these general contracting conditions by the User, as well as the particular conditions that may be applicable to contracting.
WWW.ROMINAROLLHAUSER.COM reserves the right to make the modifications it deems appropriate on the platform without prior notice, being able to change, delete or ad both the content and the services provided through WWW.ROMINAROLLHAUSER.COM.
WHAT RESPONSIBILITIES DO WE HAVE?
WWW.ROMINAROLLHAUSER.COM will only assume the responsibility that legally corresponds to it regarding the accuracy of the information provided by CLIENTS, which means that it may be exempt from responsibility for the consequences produced by the events caused by said data.
www.rominarollhauser.com will be liable for the damages that the CLIENT may suffer as a result of the use of www.rominarollhauser.com, when said damages are caused by an act of willful misconduct on the part of www.rominarollhauser.com.
The CLIENT, after accepting these Conditions, is aware that the use of www.rominarollhauser.com is under his/her responsibility .
The CLIENT accepts that it is not technically possible to achieve 100% availability of the www.rominarollhauser.com. However, www.rominarollhauser.com will provide all the necessary means to keep the platform available for as long as possible. www.rominarollhauser.com is not responsible for the inconveniences caused by cuts in its services that are not due to an intentional action.
www.rominarollhauser.com is not responsible for third-party websites that can be accessed through links or any information offered by third parties. The connection with a third-party website will be by decision of the CLIENT.
WHAT CONTENT WILL NOT BE ACCEPTED ON WWW.ROMINAROLLHAUSER.COM?
You may not upload to www.rominarollhauser.com any content that is: Abusive, threatening, defamatory or harassing, or otherwise violates our Nondiscrimination Policy, obscene or vulgar; that violates the privacy or intellectual property rights of another person; either false or misleading.
WHAT ARE THE CLIENT’S OBLIGATIONS?
The CLIENT agrees to:
– Provide accurate data and always keep it updated.
– Do not present information contrary to the Conditions of Use of www.rominarollhauser.com, nor to the current legislation.
- Do not use false personal data, or impersonate the identity of third parties in the use of www.rominarollhauser.com or the use of its products or services.
WHAT IS THE STANDARD WORKING PROCEDURE FOR COMMISSIONED ILLUSTRATION?
The standard working procedure is structured in different phases depending on the type of product or service chosen. The process may vary slightly to adapt to the needs of each Client or type of product or service offered, and to facilitate the purchase.
1) SKETCH PHASE AND DEADLINE
- At the start of the assignment, it is agreed how many improvements rounds are included in the price.
- Agreements about (interim) deadlines are agreed in advance in joint consultation and these are laid down in writing .
Delays can be prevented in part by providing timely feedback on interim sketches or elaborations. Responsibility for delays caused by late response by the client, therefore, rests with the client, and may mean a shift in the deadline.
2) CHANGE OR CANCELLATION ORDER
- in the event additional work or overruns as a result of a change in the assignment or a change in the briefing, an additional price will be determined in joint consultation on the basis of the usual fee for the illustrator.
- In the event of cancellation of the assignment for whatever reason, the client owes full remuneration for the work already done, unless there is demonstrable breach of contract on the part of the illustrator.
3) CHANGES IN THE ILLUSTRATIONS
The client is not allowed to make changes or have changes made to the illustrations without the permission of the illustrator.
4) NAME MENTION
The illustrator’s name must be appropriately mentioned in the publication.
5) VERBAL COMMITMENT
Verbal promises or agreements by subordinates of the contractor, such as representatives and persons not employed by us, including intermediaries, do not bind the contractor until these agreements have been confirmed in writing by an authorized representative of the contractor.
All prices are in euros and exclusive of VAT, transport costs and postage, unless stated otherwise on the specification.
- For all direct damage of the client, directly related to or caused by late or improper execution of the assignment, the liability of the contractor is limited to the invoice amount of the relevant assignment.
- For all indirect damage, including delays in the normal course of client’s business, in any way related to or cause by an error in the performance of the work by the contractor, except in the case of intent or gross negligence , this is never liable.
- The contractor always has the right, if and as far as possible, to undo the damage of the client.
- The contractor is not liable for damage to or destruction of documents and data in general and during transport or during dispatch by post, regardless of whether the transport or dispatch is carried out by or on behalf of the Client, the Contractor or third parties.
- The client indemnifies the contractor agains all claims from third parties (including intellectual property of the material supplied) which are directly or indirectly, indirectly or immediately related to the execution of the agreement.
- Unless otherwise agreed, the copyright remains with the illustrator.
- Unless otherwise agreed, the client acquires by payment the exclusive right to publish the illustrations in the agreed edition. This may include books, promotional material, accompanying DVDs, digital editions, etc.
- If the client wants to use illustrations more often, in a reprint or in additional material. Or if he wants to sell it abroad, for example, then the illustrator will first be contacted about this, and we can agree a fee for this.
9) PROPERTY RIGHTS
Unless expressly agreed otherwise in writing, the original illustrations remain the property of the illustrator.
The illustrator guarantees that the work delivered is original. The illustrator will also not sell the illustrations to third parties, for at least three (3) years, unless otherwise agreed or in consultation.
Payments must be made within 30 days of the invoice date. If the client does not fulfill his payment obligations, he is not allowed to publish/multiply the work.
Romina Rollhauser works under the following model agreements:
-Model agreement for illustrators of children’s book (Nederlands Uitgeververbond)- June 7, under 91016.34914.1.0.D assessed agreement.
- Model agreement illustrators/animators of the BNO, 6 September 2016 under number 90616.58089-1 assessed agreement.
- Model agreement for illustrators of cards, posters, custom made children’s artwork, birth announcements, tiles and phone cases (Nederlands Uitgeversverbond)- June 7, under 91016.34914.1.0.D assessed agreement.
Dutch law applies to this agreement. In the first instance, the parties will try to resolve a dispute that has arisen from this agreement in mutual consultation. Unless the parties have expressly agreed upon arbitration in writing, the dispute will be adjudicated by the competent court in Amsterdam.
ABOUT PERSONAL DATA PROTECTION
In accordance with the General Data Protection Regulation and the Organic Law on Data Protection Regulation and the Organic Law on Data Protection and guarantee of digital rights, we inform you that the personal data provided by the CLIENT for the acquisition of products or services will be used to manage the order placed. The legal basis for data processing for this purpose is the execution of these conditions.
Likewise, your data may be used to send you information about the products and services by electronic means.The legal basis for the processing of your data for this purpose is the legitimate interest of www.rominarollhauser.com in retaining its users and keeping them informed about our services that may be of interest to them.
You can oppose the receipt of such information through the simple and free procedure that we make available to you in each commercial communication or by sending an email to firstname.lastname@example.org.
You have the right to obtain information as to whether or not we are processing personal data that concerns us at www.rominarollhauser.com. Interested persons have the right to:
. Request access to personal data relating to the interested party
. Request its rectification or deletion
. Request the limitation of your treatment
. Oppose the treatment
. Request data portability
Interested parties may access their personal data. As well as request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected. In certain circumstances , the interested parties may request the limitation of the processing of their data, in which case we will only keep them for the exercise or defense of claims.
In certain circumstances and for reasons related to their particular situation, the interested parties may oppose the processing of their data. www.rominarollhauser.com will stop processing the data, except for compelling legitimate reasons, or the exercise or defense of possible claims. As an interested party, you have the right to receive the personal data that concerns you, that you have provided us and in a structured format, of common use and mechanical reading, and to transmit them to another data controller when:
. Treatment is based on consent
. The data has been provided by the person concerned.
. The treatment is carried out by automated means.
By exercising your right to data portability, you will have the right to have personal data transmitted directly from controller to controller when technically possible. The interested parties will also have the right to effective judicial protection and to present a claim before the control authority, in this case, the Dutch Data Protection Agency, if they consider that the processing of personal data that concerns them violates data protection regulations.
www.rominarollhauser.com is responsible for complying with its own obligations regarding the protection of personal data.
WHAT ABOUT INTELLECTUAL PROPERTY?
The total or partial reproduction of the contents of www.rominarollhauser.com without express and written acceptance is prohibited. The non-consensual exploitation of these contents will give rise to the legally established responsibilities . The CLIENT will make appropriate use of the contents and services that www.rominarollhauser.com offers, fundamentally of the photographs made available to which it claims to have rights for their use. www.rominarollhauser.com will not be responsible for infractions carried out by CLIENTS on the platform that affect third parties.
THE CLIENT agrees to be solely responsible, being www.rominarollhauser.com exempt from liability in the event of copyright infringement claims.
HOW CAN I UNSUBSCRIBE THE NEWSLETTER SUBSCRIPTION, INFORMATION EMAILS, ETC?
To cancel your subscription, you can send an email to email@example.com. You can also unsubscribe directly from the emails you receive.