VANBOOD Digital Files Terms and Conditions

Effective Date: November 6, 2023

1. DEFINITIONS

In these Terms and Conditions, the following terms when indicated by an initial capital letter are used in the following sense:

VANBOOD: the Client’s other party to the Agreement.

Client: VANBOOD’s other party to the Agreement.

Parties: the Client and VANBOOD each separately or together

2. APPLICABILITY

2.1 The Conditions shall apply to all negotiations, requests, offers concerning Goods and/or Services between Parties, irrespective of whether the Conditions are explicitly referred to therein.

2.2 The Client accepts the applicability of the Conditions. This acceptance also applies, now for then, in respect of any future amendment(s) to these Conditions.

2.3 The applicability of general terms and conditions of the Client, under whatever name, is expressly excluded.

3. Digital File Disclaimer

3.1 Our digital files are provided “as is” without any warranties or guarantees, either expressed or implied. We make no representations regarding the accuracy, completeness, or suitability of the files for any specific purpose.

3.2 We do not guarantee the compatibility or the working condition of the digital files with your equipment or software. You assume full responsibility for any risks associated with using our files.

3.3 Due to the nature of digital files, all sales are final. We do not offer refunds, returns, or exchanges for any reason, except as required by applicable law.

4. Personal Use Only

4.1 Our digital files are intended for personal use only. You are strictly prohibited from sharing, distributing, or otherwise transferring the files to others in any manner.

4.2 In the event of any violation of this article by the Contractor, his personnel or third parties engaged by him, the Contractor shall owe VANBOOD a penalty of € 5,000.00 payable on demand, unless the violation is the result of an obligation following from a statutory provision or a court ruling. The above applies without prejudice to the other rights to which VANBOOD is entitled, including but not limited to the right to performance and the right to compensation for damage suffered by VANBOOD.

5. Delivery of Files and Assembly Information

5.1 After your payment is accepted, you will receive the digital files for download via email.

5.2 In addition, we will provide you with a PDF document containing instructions or information related to the digital product. This PDF document serves as advisory in nature, and we do not guarantee its accuracy or completeness.

6. Copyright and Licensing

6.1 All digital files offered by VANBOOD are protected by copyright and intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the digital files for your personal purposes, subject to these Terms.

7. Privacy

7.1 Your personal information is gathered for the purpose of communication and delivering digital files. While we currently do not have a detailed privacy policy, we may use the collected information for future business purposes. Be assured that any such usage will comply with relevant regulations, and your privacy remains a priority for us.

8. Limitation of Liability

8.1 In no event shall VANBOOD, its owners, employees, or affiliates be liable for any indirect, incidental, special, or consequential damages, arising from the use or inability to use our digital files.

9. Amendments

9.1 We reserve the right to modify or update these Terms at any time. It is your responsibility to review these Terms periodically for any changes.

10. APPLICABLE LAW AND DISPUTES

10.1 These Conditions are governed exclusively by Dutch law. The application of the Vienna Sales Convention is expressly excluded.

10.2 All disputes which may arise between the Parties as a result of these Conditions shall be settled by the competent court in the district where VANBOOD has its registered office, unless VANBOOD chooses to submit the dispute to another absolute and relative competent court.

11. Contact Information

11.1 If you have any questions or concerns about these Terms, please contact us at info.vanbood@gmail.com.