Terms of service

Terms of Service

Overview

Welcome to OntwerpjeVlag.nl! The terms "we", "us" and "our" refer to OntwerpjeVlag.nl. We operate this webshop and website, including all related information, content, features, tools, products and services (the "Services"). OntwerpjeVlag.nl is powered by Shopify.

These Terms of Service (the "Terms"), including all referenced policies, describe your rights and responsibilities when using the Services. By visiting or using the Services, you agree to these Terms and our Privacy Policy. Please do not proceed if you disagree.

Article 1 – Access and account

You confirm that you are of legal age in your jurisdiction and that you give us permission for any minor family members to use the Services on devices you own or control. The Services may require information from you (such as email, billing/payment and shipping details). You warrant that this information is accurate and up to date and that you are authorised to provide it. You are solely responsible for the security of your account and all activity within it.

Article 2 – Our products (exclusively personalised)

We sell exclusively personalised products manufactured to your specifications based on your supplied design(s) and choices (size, material, colour, text, etc.).

  • We strive for the most accurate representation possible, but colours/appearance may differ due to monitor settings, materials and production techniques.
  • You are responsible for the content of your design (files/texts/colours/dimensions). Please check this thoroughly before ordering.
  • We do not guarantee that the final result will fully match expectations or on-screen appearance.
  • Product descriptions may be changed without notice. We may restrict or discontinue sales (temporarily).

Article 3 – Orders (custom, no right of withdrawal)

  • By placing an order you make an offer to purchase. We may accept or decline an order. An order is accepted upon our confirmation and successful payment processing.
  • No right of withdrawal/return for custom products: because our products are made to your specifications, cancellation or return is not possible once production has started (or been initiated). See also our return policy for the procedure in case of production errors/damage/wrong item.
  • Please carefully check your order and any previews; we produce based on your submission.
  • Purchases are for personal/household use and not for resale.

Article 4 – Prices and billing

  • Prices, discounts and promotions may change without notice. The applicable price is the one at the time of ordering as stated in your confirmation.
  • Unless otherwise stated, prices are shown inclusive of VAT (where applicable) and exclusive of shipping/handling costs and any import duties.
  • You undertake to provide and keep up to date correct purchase, payment and account details (such as email, card numbers/expiry dates) to enable transactions.
  • You confirm that you are authorised to use the payment method provided and to meet the charges incurred.

Article 5 – Shipping and delivery

Stated delivery times are indicative. We are not liable for delays caused by carriers, customs or circumstances beyond our control. See our return policy for the procedure in case of transit damage or wrong item.

Article 6 – Intellectual property

All trade names, logos, texts, images, layouts and other materials within the Services are the property of OntwerpjeVlag.nl or its licensors and are protected by applicable intellectual property law. Reuse without prior written permission is not permitted, except as required by mandatory law.

Article 7 – Customer designs and uploads

  • By uploading files/designs, you confirm that you hold all necessary rights/licences, that the material does not infringe third-party rights and is not unlawful.
  • You grant us a non-exclusive, royalty-free licence to use, reproduce, edit and produce your supplied material for the purpose of fulfilling your order.
  • You indemnify us against third-party claims arising from or related to your supplied material.

Article 8 – Optional tools

You may use third-party tools via the Services. These are provided "as is". Use is at your own risk and subject to the applicable terms of the third party. We are not liable for any resulting damage. New features are also subject to these Terms.

Article 9 – Third-party links

Our Services may contain links or embedded content from third parties. Access thereto is at your own risk. We are not liable for third-party content, policies, products or services. Always consult the policy of the relevant third party.

Article 10 – Relationship with Shopify

We use Shopify to provide the Services. Transactions take place between you and OntwerpjeVlag.nl. You acknowledge that Shopify is not responsible for sales-related aspects between you and us and you indemnify Shopify and its affiliates accordingly.

Article 11 – Privacy policy

Personal data is processed in accordance with our Privacy Policy. As the Services are hosted by Shopify, Shopify also processes personal data. See Shopify's privacy policy and our Privacy Policy for details.

Article 12 – Feedback

If you submit feedback/reviews/ideas, you grant us a worldwide, perpetual, sublicensable, royalty-free licence to use these for purposes including the operation, improvement and promotion of the Services. You warrant that you are entitled to do so and that your submission is lawful. We may moderate or remove submissions.

Article 13 – Errors, inaccuracies and omissions

Information within the Services may contain typographical errors or inaccuracies. We reserve the right to correct this, modify or update information and to cancel orders if information was found to be incorrect, even after an order has been placed.

Article 14 – Prohibited use

You may use the Services only lawfully and not in a manner that causes harm or infringes others' rights. It is prohibited, among other things, to distribute malware, misuse accounts, collect personal data or circumvent security measures. Violations may result in (temporary) termination of your access.

Article 15 – Termination

We may terminate the Services or your access thereto at any time. Amounts owed up to the termination date remain due. Provisions that by their nature survive termination remain in effect.

Article 16 – Disclaimer of warranties

Unless expressly stated, the Services and products are provided "as is" and "as available", without any (implied) warranty, including fitness for a particular purpose or merchantability, to the fullest extent permitted by law.

Article 17 – Limitation of liability

To the fullest extent permitted by law, OntwerpjeVlag.nl and its affiliates are not liable for indirect, incidental or consequential damages (such as loss of profit or data) arising from or related to the use of the Services or products, even if advised of the possibility of such damages.

Article 18 – Indemnification

You indemnify OntwerpjeVlag.nl and its affiliates against third-party claims (including reasonable legal costs) arising from your use of the Services, your breach of these Terms, or your supplied material/designs.

Article 19 – Severability

If any provision is invalid or unenforceable, the remainder of these Terms remains in force. The invalid provision shall be deemed limited or severed to the extent necessary.

Article 20 – Waiver; entire agreement

Failure to exercise a right does not constitute a waiver of that right. These Terms and the policies published on the site constitute the entire agreement and supersede any prior arrangements on the same subject matter.

Article 21 – Assignment

You may not transfer your rights and obligations without our prior written consent. We may transfer our rights/obligations without your consent, to the extent permitted by law.

Article 22 – Governing law and jurisdiction

Dutch law applies to these Terms and all (pre-)contractual relationships. Disputes shall be submitted to the competent court in the district where OntwerpjeVlag.nl is established (unless mandatory law provides otherwise).

Article 23 – Headings

Headings are for orientation purposes only and do not limit or alter the scope of provisions.

Article 24 – Changes to the Terms of Service

The most recent version is available on this page. We may amend these Terms and post updates on the website. For material changes we will notify you in accordance with applicable law. Continued use after the effective date of changes constitutes acceptance.