Agreement: the agreement between Fantasy Art and the User that is established by the order of a Work by the User at Fantasy Art;
Service: the service provided by Fantasy Art, whereby the User can download Works from the Website under license and against payment under the
terms of the Agreement and these Terms and Conditions;
Photo: refers to any digital image available for purchase and download in the webshop. "User" refers to someone who purchases and downloads the Photo through the web store.
User: the natural or legal person who is registered via the Website as a customer and counterparty of Fantasy Art and who has access to the database of Works on the Website;
FA: Fantasy Art located at (9601 LT), Julianastraat 128 in Hoogezand;
Parties: User and FA jointly;
Website: the FA website is accessible via, among other things, the domain name www.fantasy-art.nl, including all underlying web pages;
Work: works within the meaning of Article 1 of the Copyright Act, such as photos and other images, in the database on the FA Website.
License: license conditions that are shown to the User on FA's Website when purchasing a Work.
These Conditions apply to every Agreement and legal act of FA, as well as to every use of the Works, the Website, and the Service. By using the Service, in any way whatsoever, the User accepts to be irrevocably bound by these Terms.
FA is at all times entitled to change and/or supplement these Conditions. The most current Terms and Conditions will be available on the Website or will be brought to the attention of the User during the use of the Service. If the User continues to use the Service after amendments and/or supplements to these Terms and Conditions, the User thereby irrevocably accepts the amended and/or supplemented Terms and Conditions. If the User does not agree with the amended and/or supplemented Terms and Conditions, his only option is to stop using the Service.
Terms and conditions of the User are expressly rejected and do not apply to any legal relationship between the Parties.
Provided that the User has fulfilled its payment obligations, FA grants the User a personal, non-exclusive, non-transferable, and non-sublicensable license to use the selected Works in accordance with the terms of the License or Agreement and these Terms.
After payment of the fee as agreed in writing and/or stated on the website, the User has the right to use the work under the conditions agreed upon and stated in the License.
For the purpose of use, the User is permitted to download or copy the Work to the hard disk of the computer or comparable storage medium (eg SSD card, online drive) of the User.
The Agreement to grant the license is concluded at the moment that the User has clicked on the order button on the Website.
FA has the right to revoke specific and deviating licenses at any time. Immediately after written notification of this, the User will cease and continue to discontinue any reproduction and publication of the Work and destroy or remove all reproductions of the Work.
FA also has the right to revoke any license if the Work is used in a manner other than that for which the license was granted.
User can no longer cancel the order after completing the download. The User expressly waives any right of withdrawal or dissolution when starting the download of the Work. Already purchased Works that have never been used will not be credited.
Upon termination of the Agreement, for whatever reason, the User's right to use the Work will immediately lapse and access to the Service will be immediately denied. User will destroy or remove the Work.
Per license, FA will charge the User the amount stated on the Website, being the rate applicable at that time.
FA is entitled at all times to unilaterally adjust the applicable prices and rates for licenses and to index the prices and rates annually with the consumer price index (CPI) of Statistics Netherlands. FA may also temporarily use other prices in the context of promotions and promotions.
The invoice is sent to the User by e-mail, together with the download link with which the ordered Work can be obtained. FA may charge administration costs for each additional invoice or request a copy of the invoice.
Complaints regarding invoices and/or the Service do not suspend the User's payment obligations.
FA is entitled to suspend the fulfillment of its obligations under the Agreement until the User has fulfilled all its due and payable obligations.
FA's liability for an attributable shortcoming in the performance of the Agreement, an unlawful act, or any other act or omission is limited to compensation for direct damage. FA's liability for direct damages per event (where a series of related events shall be regarded as one event) shall not exceed the total amount paid by the User for the Work under the Agreement. However, FA's total liability shall in no event exceed €500.
FA is not liable for any damage, including financial loss and other disadvantages, which may result from the infringement of (intellectual property) rights of third parties due to the reproduction or publication of the Work by the User, including but not limited to the copyright, portrait, design and/or trademark rights.
FA is not liable for any damage, including capital loss and other loss, that may result from damage to computer systems through the use of the Work.
The User's right to claim compensation under the Agreement, on the basis of tort or otherwise expires in any case one
(1) year after the event has occurred as a result of which the claim or procedure has been instituted.
The User guarantees that the personal data provided during registration are correct and complete and indemnifies FA against any damage, including financial loss and other disadvantages, which may result from the incorrectness or incompleteness of the data.
The User indemnifies FA against all damage and costs in and out of court, including - but not limited to - claims from third parties, collection costs, statutory commercial interest, loss of profit, forfeited fines, and costs of legal assistance, which FA suffers or incurs as a result of ( i) an attributable shortcoming in the fulfillment of the Agreement by the User, (ii) any act of the User in the performance of this Agreement or (iii) an unlawful act (iii) infringement of intellectual property rights, portrait rights and/or personality rights.
These Terms and Conditions and the Agreement are exclusively governed by Dutch law unless mandatory provisions of law prescribe otherwise.
All disputes arising from or related to these Terms and Conditions and/or the Agreement will, to the extent permitted by law, be submitted exclusively to the competent court in Groningen.
If any provision of these Terms is deemed void, invalid, or otherwise inapplicable for any reason whatsoever, this will not in any way affect the applicability or validity of the remaining provisions of these Terms.
In the event of nullity or annulment of a provision, FA will decide on a new provision that approaches the old provision as closely as possible in terms of content and scope, without itself being void, invalid, or otherwise inapplicable.
Wherever a written requirement applies in these Conditions, this requirement can also be met electronically and/or by email.