Terms and Conditions

  1. Definitions

In these terms and conditions, the following definitions apply:

  • Client: the consumer, client or business relationship who buys a piece of art from TMU creative works
  • TMU creative works: the freelance business of visual artist Tanja Udelhofen
  • Work: a by TMU creative works designed and manufactured artwork or delivered service
  • In writing: by letter, e-mail, sms, WhatsApp of via the contact form on the website www.tmu-creativeworks.nl
  • Distance purchase: buying a work without the client having seen it in real life, usually via a web shop
  • Customized work on request: a on the client’s wishes individually made work, for example a painted portrait from a photo or an artwork with personal information, such as names and dates of birth
  1. General
  • The following terms and conditions apply to any agreement concluded with
    TMU creative works in Rotterdam
    Owner: Tanja Udelhofen
    Chamber of commerce registration number: 68517653
    VAT number: NL520492432B01
  • Changes of and/or additions to these terms and conditions are valid only if they have been expressly agreed in writing between the parties.
  • If not agreed expressively in writing, TMU Creative Works declines the applicability of any terms used by the client.
  • To these terms and conditions, as well as any related agreement, Dutch law shall apply.
  • These general terms and conditions constitute a shortened translation from Dutch. In case of doubt or translation errors, the original Dutch version applies.
  1. Customized work on request

TMU creative works paints individual and/or customized artworks (based on photos) on request. The terms und conditions for this are as follows:

  • The client receives a non-binding offer from TMU creative works.
  • The non-binding offer has a duration of two (2) weeks unless another term is stated in the quotation.
  • Only after the client accepts the offer and TMU creative works confirms the assignment, the agreement is binding.
  • Both the client’s acceptance and TMU creative work’s confirmation have to be made in written form. This is possible by e-mail (tanja@tmu-creativeworks.nl).
  • After accepting the offer, the client receives an invoice from TMU creative works. A
  • Na akkoord ontvangt de client een factuur van TMU creative works. Only after receiving a payment of 40% of the invoiced amount will TMU begin creative work on the execution of the assignment.
  • After the delivery of the finished work, the client pays the outstanding 60% of the invoiced amount within 14 days.
  • Within the agreed terms of a contract, TMU creative works has all freedom (regarding color, material, composition) to fulfil the assignment as she thinks is the best ways. Since the works are manually manufactured, TMU creative works does not guarantee that a painting is exactly equivalent to a picture or photo provided by the client.
  • The client’s not liking the final work can not result in a reduction of the agreed price. However, the client can request (small) corrections and/or changes one (1) time.
  • TMU creative works may at all times refuse requests to paint photos or images.

 

  1. Distance purchase, reservation of proprietary rights, payment
  • TMU creative works offers works, which are not made on request, via internet for sale (“distance purchase”).
  • For distances purchases, the right of 14 days cooling-off period applies.
  • Until fully paid, a work remains property of TMU creative works.
  • If a client fails to pay on time, TMU creative works may charge 15% additional costs to the client as extrajudicial collection costs.
  • For payments via PayPal, PayPal’s terms & conditions apply.
  1. Right of cancellation and Right of return in distance contracts
  • The client has the right of a cooling-off period of 14 days, which starts the day after the client received the purchased work.
  • Within the cooling-off period, the client can cancel the purchase and return the work without explanation in undamaged condition and in suitable packaging. The cost for the return shipment is for the client.
  • The client must disclose the withdrawal of the purchase in writing by sending the following information:
    • Client’s name, address, zip/postal code and city
    • Date of the purchace
    • Product name or code
    • Bank account number and name of account holder
  • The client sends the requested information either by mail to
    TMU creative works, Tanja Udelhofen, Zuidhoek 115, 3082 PE Rotterdam, Netherlands
    or by e-mail to: tanja@tmu-creativeworks.nl.
  • The payment (incl. shipping fee) will be returned within 30 days after the undamaged work has been received.
  • The right of cancellation and right of return in distance contracts do not apply to individual works on request.
  1. Individual and special offers, prices

Individual offers, prices and special offers are not valid for future assignments or works. Therefore, no quotation, price or offer can be derived.

  1. Intellectual property, copyright
  • TMU creative works keeps all intellectual property rights at all times on the work produced by her, as well as on the designs, drawings, and all other objects, methods, concepts and materials that have been made and/or used for the preparation and execution of the work.
  • The client may exhibit and/or reproduce the work in any form only with TMU creative work’s permission. TMU creative works may not refuse her permission to exhibit or reproduce a work on unreasonable grounds.
  • With regards to her permission as referred to in previous paragraphs, TMU creative works may have related terms regarding financial compensation, the prohibition of commercial use of a reproduction and the correct attribution.
  • TMU creative works reserves the right to list the work on her (online) portfolio and to use it for promotional purposes, unless the parties explicitly agreed in writing otherwise.
  • For all images and pictures made available to TMU creative works in any way to be painted, the client is responsible for any copyrights and/or rights of intellectual property.

 

  1. Liability
  • Possible liability of TMU creative works due to contractual failure to comply with the agreement occurs only if the client gives a clear and explicit notice of default, which includes a proper period in which TMU creative works can correct the failure. Only if TMU creative works still fails to perform her obligation after the proper period, she is in default.
  • If TMU creative works is responsible for a defect, the liability only includes a repair of the defect free of charge. If a repair is not possible, TMU creative works has the right to replace the work or reimbursement, in accordance with the provisions of the following paragraphs.
  • TMU creative works is in no case responsible for indirect damage, such as consequential damage, lost profit, missed savings, reduced goodwill, business stagnation etc.
  • The total liability of TMU creative works due to a contractual failure is limited to the agreed price of a work or service.
  • TMU creative works
  • TMU creative works has no obligation to maintain the work.
  1. Complaints and disputes
  • A dispute is deemed to be present as soon as one of the parties declares this.
  • In case of a justified and timely declared complaint, the client always allows TMU creative works to remove the (cause of) the complaint within a reasonable period and at cost of TMU creative works.
  • To the extent that this is not or otherwise governed by law, Dutch law applies between the client and TMU creative works and disputes are submitted to the competent Dutch court.