Last Updated: September 26, 2024
Terms &
Conditions
Last Updated: September 26, 2024
Terms &
Conditions
General Terms & Conditions
1. Definitions
In these General Terms & Conditions, the following terms shall have the meanings ascribed to them:
1. pageparadise: Daniëlle Quaedackers, operating under the trade name "pageparadise," based in Klimmen, registered with the Chamber of Commerce (KvK) under number 86306219.
2. Client: Any individual or entity that engages in a business relationship with pageparadise.
3. End User: A natural person who utilizes the services and products of pageparadise for personal use and not in a commercial capacity.
4. Contract: The formal agreement between pageparadise and the Client, wherein pageparadise commits to providing web design services, and the Client agrees to make the required payments.
2. Identity of the Entrepreneur
* Name: Daniëlle Quaedackers, operating as pageparadise
* Website: www.pageparadisestudio.com
* Location: Klimmen, the Netherlands
* Email: info@pageparadisestudio.com
* Chamber of Commerce (KvK) number: 86306219
3. Scope and Applicability
1. These General Terms & Conditions are accessible on the pageparadise website, www.pageparadisestudio.com.
2. They govern all proposals, agreements, and orders made between pageparadise and the Client, including any subsequent assignments or offers related to pageparadise.
3. The Client will have access to these General Terms & Conditions prior to the conclusion of any remote agreement.
4. The act of entering into a Contract implies that the Client acknowledges and accepts these terms.
5. By engaging with pageparadise, the Client agrees to abide by these terms and conditions.
6. If any provision of these terms is declared void or annulled, the remainder of the terms shall remain valid, and a substitute provision will be mutually agreed upon.
7. Any unforeseen situations will be assessed based on the intentions behind these General Terms & Conditions.
8. Ambiguities in the interpretation or application of provisions shall be resolved according to the intent of these terms.
9. Any specific arrangements made in the Contract shall take precedence over these General Terms & Conditions.
4. Offers & Pricing
1. pageparadise retains the right to amend or withdraw its offers and prices without prior notification. All ongoing agreements will be honored at the prices that were in effect at the time of the initial transaction.
2. Offers with a limited validity period or specific conditions will be clearly indicated in the proposal.
3. Each offer provided by pageparadise will contain a clear and detailed description of the services/products to enable the Client to make an informed decision.
4. pageparadise endeavors to represent products accurately, but cannot guarantee that colors and details will precisely match what is displayed on different screens.
5. All images, specifications, and other information in offers are illustrative and may not constitute grounds for compensation or agreement termination.
5. Formation of the Agreement
1. The Contract is established upon the Client's acceptance of the offer and fulfillment of the relevant conditions.
2. This agreement is predominantly made through remote communication. The Client consents to electronic delivery, communication, and invoicing.
3. Upon acceptance of the agreement for custom services, the Client must sign a contract provided by pageparadise. For template purchases, acceptance occurs automatically after payment.
4. pageparadise will confirm receipt of the Client's acceptance. Until such confirmation is received, the Client may withdraw from the agreement.
5. pageparadise is not obligated to finalize a Contract if there is reasonable suspicion regarding the misuse of services or the Client's ability to fulfill payment obligations.
6. Right of Withdrawal
1. Prices for products are quoted in USD, excluding applicable taxes, which will be calculated at checkout by the payment system (Etsy) based on the Client's location.
2. Prices are subject to change without prior notice before the agreement is finalized.
3. The Client is responsible for promptly notifying pageparadise of any inaccuracies in their payment details.
4. Failure to meet payment obligations may result in the Client being liable for statutory interest (8%) and collection costs (15% of the total due, with a minimum of €40).
5. pageparadise reserves the right to reject orders that appear to be intended for resale or redistribution.
6. Upon payment, the Client will be directed to a third-party payment platform. pageparadise is not liable for any issues arising from this platform.
7. For website templates, the Client is required to pay the total amount upfront or in installments, depending on the payment option selected.
8. For custom web design agreements, a deposit of 25% is required upfront. Remaining payment terms will be mutually agreed upon, with the option to pay in one, two, or four installments.
7. Refunds and Returns (Digital Products)
Given the digital nature of our products, including website templates and other digital content, all sales are final. We do not offer refunds or returns. Clients are encouraged to thoroughly review product descriptions before making a purchase. Should any issues arise, Clients may contact us for support.
8. Product Conformity
1. pageparadise guarantees that its products will conform to the Contract, specifications in the offer, and legal standards at the time of agreement.
9. Limitation of Liability
1. pageparadise shall not be liable for damages resulting from the use of its products and services.
2. pageparadise is not responsible for any indirect damages, including but not limited to loss of profit, business interruption, or data loss.
3. Any issues with product defects must be reported in writing to pageparadise within a reasonable timeframe to allow for remediation.
4. The Client is responsible for providing accurate contact information and maintaining the necessary software and hardware configurations to receive communications.
5. pageparadise is not liable for any data loss incurred during domain transfers and encourages Clients to maintain their own backups.
6. The Client must follow pageparadise’s guidelines accurately; failure to do so may lead to liability for damages.
7. Clients must substitute any illustrative sample images used in templates with their own, for which they hold usage rights.
8. pageparadise is not liable for any infringement of third-party copyrights by the Client.
10. Force Majeure
1. Force majeure refers to unforeseen circumstances that prevent the fulfillment of the Contract, including but not limited to technical failures, government actions, or personal emergencies.
2. Both pageparadise and the Client may suspend their obligations in the event of force majeure.
3. If the force majeure situation persists, the parties may opt to terminate the Contract.
11. Indemnification
By using our products and services, Clients agree to indemnify and hold pageparadise harmless from any claims, damages, or liabilities arising from their use of the products or services.
12. Intellectual Property Rights
1. All intellectual property rights related to the offerings and pageparadise's website are solely owned by pageparadise.
2. Clients are granted a limited, one-time use license to utilize the purchased products, strictly for individual use or for client projects.
3. Clients are prohibited from reproducing, redistributing, or claiming ownership of the products. Any modification must maintain the original credit to pageparadise.
4. Violations of intellectual property terms will incur liability for damages, calculated as per the potential loss to the copyright holder.
13. Ownership of Templates
Templates provided by pageparadise remain the intellectual property of pageparadise. Clients do not have the right to resell or redistribute the templates.
14. Image Usage Policy
1. Any images included in templates are sourced from Unsplash, Pexels, or KaboomPics and are not owned by pageparadise unless explicitly stated.
2. Clients must ensure they have the appropriate rights to use any images included in the templates.
15. Complaint Procedure
1. Clients must first direct complaints to pageparadise.
2. Complaints regarding service execution should be clearly described and submitted within 7 days of discovering the defect.
3. pageparadise will respond to complaints within 14 days. If further processing is required, a response acknowledging receipt will be sent within this timeframe.
16. Governing Law and Jurisdiction
1. Dutch law exclusively governs all agreements subject to these General Terms & Conditions, regardless of the Client's residency.
2. Disputes will be resolved in the competent courts of the Netherlands, with both parties recognizing the option of alternative dispute resolution.
17. Amendments to Terms & Conditions
1. pageparadise reserves the right to amend these General Terms & Conditions at any time, with amendments becoming effective upon publication on the website.
2. Any substantive changes will only apply to existing agreements with the Client's consent.
18. Data Protection and Cookies
By engaging with pageparadise, Clients also consent to our data protection and cookie policy, outlining how personal information is managed and how cookies are used on our website.
19. Contact Information
For any inquiries regarding these General Terms & Conditions, please contact us through our website's contact form or email to info@pageparadisestudio.com.
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