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Privacy Policy

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B Aalbers respects the privacy of its website visitors, in particular their rights regarding the automatic processing of personal data. We have therefore formulated and implemented a policy on complete transparency with our customers regarding the processing of personal data, its purpose(s) and the possibilities to exercise your legal rights in the best possible way. 

If you require any additional information about the protection of personal data, please visit the website of the Dutch Data Protection Authority (Autoriteit Persoonsgegevens): https://autoriteitpersoonsgegevens.nl

Until you accept the use of cookies and other tracking devices, we will not place any non-anonymised analytical cookies and / or tracking cookies on your computer, mobile phone or tablet. 

With the continued visit of this website you accept these terms of use and you accept the use of cookies and other tracking systems, unless we have provided for another method of accepting cookies on our website 

The current available version of this privacy policy is the only version that applies while visiting our website until a new version replaces the current version. 

Article 1 – Definitions 

  1. Website (hereinafter: “Website”) www.bartaalbers.com 
  2. Party responsible for processing personal data (hereinafter: “the controller”): B Aalbers, residing at Aelbrechtskade 114 CO2, 3023JD Rotterdam, The Netherlands 

Article 2 – Access to the website 

Access to and use of the website are strictly personal. You will refrain from using the data and information of this website for your own commercial, political or advertising purposes, as well as for any commercial offers, in particular unsolicited electronic offers. 

Article 3 – Website content 

All brands, images, texts, comments, illustrations (animated) images, video images, sounds and all the technical applications that can be used to operate this website and more generally all the components used on this website, are protected by the laws on intellectual property. Any reproduction, repetition, use or modification, by any means whatsoever, of all or just part of it, including technical applications, without the prior written permission of the controller, is strictly prohibited. The fact that the controller may not take immediate action against any infringement, cannot be considered as a tacit consent, nor of a waiver of any right to prosecute the infringing party. 

Article 4 – Management of the website 

For the purpose of proper management of the site, the controller may at any time: 

  • suspend, interrupt, reduce or decline the access to the website for a particular category of visitors 
  • delete all information that may disrupt the functioning of the website or conflicts with national or international laws or is contrary to internet etiquette 
  • make the website temporarily unavailable in order to perform updates 

Article 5 – Responsibilities 

  1. The controller is not liable for any failure, disturbances, difficulties or interruptions in the functioning of the website, causing the (temporary) inaccessibility of the website or of any of its functionalities. You, yourself, are responsible for the way you seek connection to our website. You need to take all appropriate steps to protect your equipment and data against hazards such as virus attacks on the Internet. Furthermore, you are responsible for which websites you visit and what information you seek. 
  2. The controller is not liable for any legal proceedings taken against you: 
  • because of the use of the website or services accessible via the Internet 
  • for violating the terms of this privacy policy 
  1. The controller is not liable for any damages that incur to you or third parties or your equipment, as a result of your connection to or use of the website and you will refrain from any subsequent (legal) action against the controller. 
  2. If the controller is involved in a dispute because of your (ab)use of this website, he is entitled to (re)claim all subsequent damages from you. 

Article 6 – Collection of data 

  1. Your personal data will be collected by B Aalbers and (an) external processor(s). 
  2. Personal data means any information relating to an identified or identifiable natural person (‘data subject’). 
  3. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 
  4. The personal data that are collected on the website are used mainly by the controller in order to maintain a commercial) relationship with you and if applicable in order to process your orders. They are recorded in an (electronic) register. 

Article 7 – Your rights regarding information 

  1. Pursuant to Article 13 paragraph 2 sub b GDPR each data subject has the right to information on and access to, and rectification, erasure and restriction of processing of his personal data, as well as the right to object to the processing and the right to data portability. 
  2. You can exercise these rights by contacting us at bart@bartaalbers.com
  3. Each request must be accompanied by a copy of a valid ID, on which you put your signature and state the address where we can contact you. 
  4. Within one month of the submitted request, you will receive an answer from us. 
  5. Depending on the complexity and the number of the requests this period may be extended to two months. 

Article 8 – Legal obligations 

  1. In case of infringement of any law or regulation, of which a visitor is suspected and for which the authorities require the personal data collected by the controller, they will be provided to them after an explicit and reasoned request of those authorities, after which these personal data do not fall anymore under the protection of the provisions of this Privacy policy. 
  2. If any information is necessary in order to obtain access to certain features of the website, the controller will indicate the mandatory nature of this information when requesting these data. 

Article 9 – Collected data and commercial offers 

  1. You may receive commercial offers from the controller. If you do not wish to receive them (anymore), please send us an email to the following address: bart@bartaalbers.com 
  2. Your personal data may be used by our partners for commercial purposes. If you do not wish this to happen, please send us an email to the following address: bart@bartaalbers.com 
  3. If you encounter any personal data from other data subjects while visiting our website, you are to refrain from collection, any unauthorized use or any other act that constitutes an infringement of the privacy of the data subject(s) in question. The controller is not responsible in these circumstances. 

Article 10 – Data retention 

The collected data are used and retained for the duration determined by law. 

Article 11 – Cookies

As most of the online services, this website uses first-party and third-party cookies for several purposes. First-party cookies are mostly necessary for the website to function the right way, and they do not collect any of your personally identifiable data.

The third-party cookies used on this website are mainly for understanding how the website performs, how you interact with our website, keeping our services secure and all in all providing you with a better and improved user experience and help speed up your future interactions with our website.

For more on our use of cookies, please see our cookie policy.

Article 12 – Imagery and products offered 

You cannot derive any rights from the imagery that accompanies any offered product on our website. 

Article 13 – Applicable Law 

These conditions are governed by Dutch law. The court in the district where the controller has its residency has the sole jurisdiction if any dispute regarding these conditions may arise, save when a legal exception applies. 

Article 14 – Contact 

For questions, product information or information about the website itself, please contact: Bart Aalbers, bart@bartaalbers.com

This privacy statement applies since until further notice.


Terms and Conditions

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Below are the terms and conditions that apply to your purchase from my webshop. If you have any questions regarding these terms and conditions, feel free to contact me at bart@bartaalbers.com and I will happily try to answer all of them. Thanks for your support and I hope that you will enjoy your purchase!

Definitions 

  1. Bart Aalbers Illustration : Bart Aalbers Multimedia Design, established in Rotterdam, Chamber of Commerce no. 24432828  
  2. Customer: the party which Bart Aalbers Illustration has entered into an agreement with. 
  3. Parties: Bart Aalbers Illustration and customer together. 
  4. Consumer: a customer who is an individual acting for private purposes. 

Applicability 

  1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Bart Aalbers Illustration. 
  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing. 
  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties. 

Prices 

  1. All prices used by Bart Aalbers Illustration are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise. 
  2. Bart Aalbers Illustration is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time. 
  3. Increases in the cost prices of products or parts thereof, which Bart Aalbers Illustration could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases. 
  4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation. 

Right of withdrawal 

  1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that: 
  • the product has not been used 
  • the product is not specially tailored for the consumer or adapted to its special needs 
  • it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.) 
  • the consumer has not renounced his right of withdrawal 
  1. The cooling-off period of 14 days as referred to in paragraph 1 commences: 
  • on the day after the consumer has received the last product or part of 1 order 
  • as soon as the consumer has received the first product of a subscription 
  • as soon as the consumer has confirmed the purchase of digital content via the internet 
  1. The consumer can notify his right of withdrawal via shop@bartaalbers.com
  2. The consumer is obliged to return the product to Bart Aalbers Illustration within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse. 

Reimbursement of delivery costs 

  1. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Bart Aalbers Illustration will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Bart Aalbers Illustration in time. 
  2. The costs for return are only reimbursed by Bart Aalbers Illustration if the complete order is returned. 

Reimbursement of return costs 

If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the complete order will be borne by the consumer. 

Suspension of obligations by the customer 

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement. 

Right of retention 

  1. Bart Aalbers Illustration can appeal to his right of retention of title and in that case retain the products sold by Bart Aalbers Illustration to the customer until the customer has paid all outstanding invoices with regard to Bart Aalbers Illustration, unless the customer has provided sufficient security for these payments. 
  2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Bart Aalbers Illustration. 
  3. Bart Aalbers Illustration is never liable for any damage that the customer may suffer as a result of using his right of retention of title. 

Settlement 

The customer waives his right to settle any debt to Bart Aalbers Illustration with any claim on Bart Aalbers Illustration. 

Retention of title 

  1. Bart Aalbers Illustration remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Bart Aalbers Illustration. 
  2. Until then, Bart Aalbers Illustration can invoke its retention of title and take back the goods. 
  3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products. 
  4. If Bart Aalbers Illustration invokes its retention of title, the agreement will be dissolved and Bart Aalbers Illustration has the right to claim compensation, lost profits and interest. 

Delivery 

  1. Delivery takes place while stocks last. 
  2. Delivery takes place at Bart Aalbers Illustration unless the parties have agreed upon otherwise. 
  3. Delivery of products ordered online takes place at the address indicated by the customer. 
  4. If the agreed price is not paid on time, Bart Aalbers Illustration has the right to suspend its obligations until the agreed price is fully paid. 
  5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Bart Aalbers Illustration. 

Delivery period 

  1. Any delivery period specified by Bart Aalbers Illustration is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing. 
  2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Bart Aalbers Illustration. 
  3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Bart Aalbers Illustration cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise. 

Actual delivery 

The customer must ensure that the actual delivery of the products ordered by him can take place in time. 

Transport costs 

Transport costs are paid by the customer, unless the parties have agreed upon otherwise. 

Packaging and shipping 

  1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Bart Aalbers Illustration may not be held liable for any damage. 
  2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Bart Aalbers Illustration, failing which Bart Aalbers Illustration cannot be held liable for any damage. 

Guarantee

  1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material. 
  2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established. 
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer. 

Exchange 

  1. Exchange is only possible if the following conditions are met: 
  • exchange takes place within 30 days after purchase upon presentation of the original invoice 
  • the product is returned in the original packaging or with the original (price) tags still attached to it 
  • the product has not been used 
  1. Discounted items, non-shelf articles such as food, custom made items or specially adapted articles for the customer cannot be exchanged. 

Indemnity 

The customer indemnifies Bart Aalbers Illustration against all third-party claims that are related to the products and/or services supplied by Bart Aalbers Illustration. 

Complaints 

  1. The customer must examine a product or service provided by Bart Aalbers Illustration as soon as possible for possible shortcomings. 
  2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Bart Aalbers Illustration of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. 
  3. Consumers must inform Bart Aalbers Illustration of this within two months after detection of the shortcomings 
  4. The customer gives a detailed description as possible of the shortcomings, so that Bart Aalbers Illustration is able to respond adequately. 
  5. The customer must demonstrate that the complaint relates to an agreement between the parties. 
  6. If a complaint relates to ongoing work, this can in any case not lead to Bart Aalbers Illustration being forced to perform other work than has been agreed. 

Giving notice 

  1. The customer must provide any notice of default to Bart Aalbers Illustration in writing. 
  2. It is the responsibility of the customer that a notice of default actually reaches Bart Aalbers Illustration (in time). 

Joint and several Client liabilities 

If Bart Aalbers Illustration enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Bart Aalbers Illustration under that agreement. 

Liability of Bart Aalbers Illustration 

  1. Bart Aalbers Illustration is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence. 
  2. If Bart Aalbers Illustration is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement. 
  3. Bart Aalbers Illustration is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties. 
  4. If Bart Aalbers Illustration is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates. 
  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation. 

Expiry period 

Every right of the customer to compensation from Bart Aalbers Illustration shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code. 

Dissolution 

  1. The customer has the right to dissolve the agreement if Bart Aalbers Illustration imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance. 
  2. If the fulfillment of the obligations by Bart Aalbers Illustration is not permanent or temporarily impossible, dissolution can only take place after Bart Aalbers Illustration is in default. 
  3. Bart Aalbers Illustration has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Bart Aalbers Illustration good grounds to fear that the customer will not be able to fulfill his obligations properly. 

Force majeure 

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Bart Aalbers Illustration in the fulfillment of any obligation to the customer cannot be attributed to Bart Aalbers Illustration in any situation independent of the will of Bart Aalbers Illustration, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Bart Aalbers Illustration 
  2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, delivery men or other third parties, unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 
  3. If a situation of force majeure arises as a result of which Bart Aalbers Illustration cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Bart Aalbers Illustration can comply with it. 
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. 
  5. Bart Aalbers Illustration does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation. 

Modification of the agreement 

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly. 

Changes in the general terms and conditions 

  1. Bart Aalbers Illustration is entitled to amend or supplement these general terms and conditions. 
  2. Changes of minor importance can be made at any time. 
  3. Major changes in content will be discussed by Bart Aalbers Illustration with the customer in advance as much as possible. 
  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. 

Transfer of rights 

  1. The customer cannot transfer its rights deferring from an agreement with Bart Aalbers Illustration to third parties without the prior written consent of Bart Aalbers Illustration 
  2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code. 

Consequences of nullity or annullability 

  1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions. 
  2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Bart Aalbers Illustration had in mind when drafting the conditions on that issue. 

Applicable law and competent court 

  1. Dutch law is exclusively applicable to all agreements between the parties. 
  2. The Dutch court in the district where Bart Aalbers Illustration is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise. 

Drawn up on 22 february 2022.


Delivery and Returns

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Delivery

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Returns

Our Return Policy in short

  • You have 14 days to return an order after receiving it.
  • If you change your mind, or the product you received is not what you expected, please contact us before returning the item.
  • Unless arrangements are made with us, you cover the cost of the return.
  • Please note that exceptions may apply for the return of certain custom-made, hygienic and other products.
  • If you have any questions, please contact us.

You can find more on returns in our Terms and Conditions

Instructions for returning goods

  • If you wish to make a return, send me an e-mail containing your name, address, e-mail address, the order number and a specification of which items that the return relates to.
  • Ship the items for return within 14 days of the date of the notification.
  • You are responsible for any damage incurred by items during the return shipment. We therefore strongly recommend that you send the products well packaged, in good condition and in their original box and/or packaging.
  • If possible, please provide us with a tracking number for the return shipment.
  • If a returned item is shipped internationally, mark as “RETURNED GOODS” to avoid any Customs charges. We are not responsible for any charges imposed on packages returned by Customs.
  • Unless otherwise agreed upon, the refund will be processed through the same payment method you used to make your original purchase.
  • If the product or packaging is used or damaged, we reserve the right to deduct any depreciation in value when refunding the product.


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