TERMS AND CONDITIONS


Disclaimer & Privacy Policy
Studio Johnny Welcome finds it important that the processing of your personal information happens in a manner consistent with the existing safeguards for the protection of your privacy. However, in order to access the closed part of our website, it is necessary to enter your details so that we can offer you the best possible service. At the moment you enter these details on our website, you automatically agree to our privacy policy. We, therefore, request you to read the information below carefully.

Privacy Policy
We strive to align our product range and service with your specific needs as best we can. The better we know you, the easier this becomes. That is why we occasionally request your details. When collecting information through our website, Studio Johnny Welcome applies a strict privacy policy in accordance with the renewed Dutch legislation in this field. Our website may contain hyperlinks to pages that are not part of our own website. Studio Johnny Welcome is not responsible for the privacy policies of these external sites.

We collect/use the following personal details from our customers:
- Address information
- Telephone number (optional)
- Email address
- Bank details

The following details can be saved when you use our website:
- Your browser type
- Internet service provider
- The device from which you are visiting the website
- The site of origin (source)
- Clicking behavior on our website

What does Johnny Welcome do with your details?
Your details are used to identify you and grant you access to the closed part of our website, to adjust the information offered on our site to your specific needs and to contact you directly. In all cases that arise, Studio Johnny Welcome only processes the necessary details. Whether it concerns the execution of a marketing campaign or fraud prevention, we ensure that for each type of processing only those details that are accurate, adequate, relevant and not excessive are processed. Furthermore, as stated, all processing is in accordance with the law and happens properly and carefully.

Storage and use of your details
In order to recognize you during your visit to the Johnny Welcome website, we use cookies. These are small files that are sent to the customer’s browser and are stored on the customer’s PC. In addition, we use cookies to collect information about how our website is visited. Our software is designed in such a way that cookies cannot be used for other purposes. The information that you provide in this way shall only be used by us in its anonymized form. You can change your cookie settings in your browser. Please note: it is possible that our website does not operate/navigate optimally after disabling cookies.

Changing your details
We would like to point out that, if you would like to have your personal details changed or no longer wish to be approached by Studio Johnny Welcome with information about our products and services, you can change your details online. Studio Johnny Welcome reserves the right to change this privacy statement. Updates will be published on this page.

Social media
If you follow us on one of our social media, we can view some of your personal details (name, profile photo, friends list, and other public information). If you do not want us to view this information, you can change your privacy settings on your own social media account. In addition, it is possible that you encounter our advertisements on social media. This occurs when you previously visited our website. We have no direct control over this.

Orders
To process your order we need the following details: name, email address, address and bank details. These details will be saved to process the order correctly and in the most efficient way. In addition, the details are saved in case of returns, warranty and service. In order to process your order, the relevant personal details are shared with Mollie, Woocommerce, PostNL, PayPal, Rabobank and DHL International, UPS and DPD. We will only use your personal details for the purposes mentioned above. Your details will never be shared in any other way.

Security
The security of your personal details is very important to us. Unauthorized persons will therefore not have access to your personal details. We will store your details for as long as required to process your orders and possibly provide follow-up. If you would like us to delete your personal details, you can call or email us.

There are some parties with whom we have to share your details in order to process your order. We have an agreement with these parties that your details are handled with care. These details will only be used in accordance with our instructions and not for own purposes. External parties will only receive the details relevant for them.

Links
It is possible that you encounter advertisements containing a link to another website on our own website. We have no control or responsibility over the contents and privacy protection of these websites.

Adjustments to our disclaimer & privacy policy
It is possible that our privacy policy is updated. If this policy is adjusted, the changes will be published on this page.

Your personal details
All information collected by us is personal. Because of this, you have the following rights:
- You may request access to and a copy of your personal details stored by us.
- You may request that we change or delete your personal details. In case of fraud, non-payment or other wrongful acts we can save personal details on a blacklist.
- You may file a complaint against the use of your personal details.
- You may submit a complaint to the Dutch Data Protection Authority if you think we are using your details in an unlawful way.
- You may always withdraw your permission to use your details. From that moment onwards we no longer will be allowed to use your details. This may result in us not being able to help you properly anymore.


GENERAL CONDITIONS


1. General
1.1 Studio Johnny Welcome is a proprietorship, operating under the name Johnny Welcome, having its registered office in Sibbe, Netherlands, hereinafter referred to as: Johnny Welcome.
1.2 Every private person, corporate entity or enterprise to whom an offer is made by Johnny Welcome, an agreement is concluded or an assignment is made to Johnny Welcome  is defined as and referred to as: “client”.
1.3 Every and any image, drawing, sample, design, sketch, sculpture, painting, art object or any other object or product whatsoever designed, created, produced or invented by Johnny Welcome is defined as and referred to as: “work”.
1.4 Every and any agreement concluded between Johnny Welcome and the client consisting the sale- and/or purchase or use of work of Johnny Welcome, and/or assignment of Johnny Welcome to perform activities or services, is defined as and referred to as: “agreement”.

2. Applicability

2.1 These general conditions are applicable to and shall be deemed to be included in all offers made by Johnny Welcome, all (sale- and/or purchase) agreements with Johnny Welcome, all assignments to Johnny Welcome and all other activities and/or services of Johnny Welcome, now and in the future.
2.2 Not any deviation, exemption, amendment or adjustment of these general conditions is applicable, unless expressly agreed upon between Johnny Welcome and the client in writing and signed by all parties.
2.3 Any reference to or applicability of general conditions of or used respectively invoked by the client are expressly
excluded and declined by Johnny Welcome.

3. Offer
3.1 Any offer and/or price estimate is without any obligation of Johnny Welcome, except in case explicitly a term of acceptance is included and mentioned in the offer, in which case the offer expires after this term and a written acceptance within this term constitutes an agreement.
3.2 All offers are based on the assumption of executing the agreement, assignment or activities under common and regular conditions.
3.3 The client can not derive any rights

4. Agreement
4.1 An agreement with Johnny Welcome shall be concluded upon expressly written acceptance by the client and Johnny Welcome.
4.2 Any amendment, deviation or adjustment of the offer by the client constitutes an dismissal of the complete offer of Johnny Welcome, which offer therefore no longer applies.

5. Prices
5.1 All prices and amounts communicated, quoted or agreed upon are in euro, net prices and exclusive of VAT and any other taxes and levies which may be due. It is agreed that any taxes payable with respect to the works, except for taxes arising from revenue payable by Johnny Welcome, irrespective by which authority or country the taxes and levies are levied, are for the account of the client and the client will indemnify and waive Johnny Welcome for the payment of such taxes and levies and shall upon first request of Johnny Welcome be reimbursed to Johnny Welcome within fourteen days.
5.2 The prices as quoted and offered by Johnny Welcome are based on the specifications of the offer respectively the agreement and on performing the activities under the common and regular conditions, where under but not limited to market conditions, wages, taxes, prices of materials, as on the date of the offer respectively the agreement. Any change, amendment, adjustment or difference with these specifications and/or conditions allows Johnny Welcome to adjust the price and/or amount as offered respectively agreed upon.
5.3 If not expressly agreed upon in writing costs of storage, packing, transport, delivery, maintenance, or any othe costs, are not included in the prices as quoted, offered and agreed upon by Johnny Welcome.

6. Payment
6.1 All amounts to be paid by the client to Johnny Welcome shall be in euro.
6.2 Except and insofar otherwise agreed upon in writing between Johnny Welcome and the client, the amounts due on the invoice must be made within fourteen days after the date of the invoice.
6.3 Any compensation or set-off with a possible debt of Johnny Welcome to the client, or (alleged) claim of the client to Johnny Welcome, is excluded and not admissible.
6.4 Prior to the start of the activities, production and/or delivery of the work Johnny Welcome may require a retainer, deposit, upfront payment of any other security of the total amount (or part of this amount) which is due by the client to Johnny Welcome.
6.5 In the event of non or late payment by the client, Johnny Welcome shall have the right to increase the amount due by the client with an interest of 15% on yearly bases as of the date of payment according to the invoice up to the date of actual payment. Furthermore Johnny Welcome shall have the right to claim and the client is due all damages and costs caused by the non or late payment, where under but not limited to costs of legal assistance, delayed delivery et cetera, with a minimum amount of thousand euro.
6.6 Ownership title to the work shall pass to the client at first and after complete payment of all amounts due by the client under the agreement has been received by Johnny Welcome.

7. Packaging, delivery, transport and installation
7.1 The work will be delivered by Johnny Welcome to the client ex workshop of Johnny Welcome and after complete payment of all amounts due by the client to Johnny Welcome. The packaging of the work is the sole and absolute responsibility and authority of the client. If explicitly requested and agreed upon Johnny Welcome is willing to advise about and or arrange packaging and transport. Packing the work constitutes inspection and acceptance of the work on behalf of client.
7.2 Transport of the work to the place of destination as defined by the client is for the client’s risk and account.
7.3 Any and all damages to the work during or after packing, including during transport or installation, shall be for risk and account of the client.
7.4 The loading, transport, logistics, custom clearance, insurance, unloading of the work to or at the place of destination is the sole and entire responsibility of the client. The client shall for its account take such insurance for the work during transport, as it shall deem appropriate.
7.5 With regard to possible taxes and/or levies due concerning the export from the workshop of Johnny Welcome to the place of destination as defined by client, the client will provide to Johnny Welcome the lawful and duly signed documents of the customs or tax authorities of the country of destination of the import of the work within four weeks after delivery.
7.6 The installation, if any, of the work is the entire and sole responsibility of the client and shall be for its account. Johnny Welcome shall upon request of the client provide a technical and engineering manual with a list of tools and mechanics necessary for the installation of the work if and insofar applicable.
7.7 If the client does not collect the work at the agreed date of delivery Johnny Welcome stores the work for the client’s risk and account, which costs shall be completely due by the client.

8. Suspension and retention
8.1 If and insofar the client does not fulfil any of it’s obligations under the agreement with Johnny Welcome, or Johnny Welcome supposes that the client will not fulfil it’s obligations under the agreement with Johnny Welcome, Johnny Welcome shall have the right to suspend all her activities, services, production, et cetera and/or the delivery of the work until and up to the moment the client has fulfilled it’s obligations.
8.2 At any moment Johnny Welcome may require a retainer, deposit, upfront payment or any other sufficient security with regard to the fulfilment of the client of it’s obligations under the agreement. If the client does not fulfil this request of Johnny Welcome, Johnny Welcome shall have the right to suspend her activities and obligations under the agreement and dissolve the agreement as of right.
8.3 Johnny Welcome shall have the right of retention and to execute this right regarding all work as included in the agreement and all rights and/or properties of the client which remain by Johnny Welcome in relation to the agreement, as long as the client does not fulfil any and all of it’s obligations of the agreement.
8.4 The client will not sell, pledge or encumbrance any work to which the right of retention of Johnny Welcome still applies. If a third party wishes to exercise any right against the client and in respect of the work of Johnny Welcome to which the retention right of Johnny Welcome still applies, the client shall inform Johnny Welcome immediately in writing.

9. Guarantees en liability
9.1 After delivery and passing the retention of title of the work by Johnny Welcome to the client no guarantee whatsoever applies to or is provided to the client by Johnny Welcome.
9.2 Johnny Welcome gives no warranties of waivers whatsoever on the work and materials used therein, except for obvious production errors (“force majeure”) about which the client shall inform Johnny Welcome in written within two months after delivery. These production errors will be repaired on account of Johnny Welcome at the premises of the client or if necessary in the workshop of Johnny Welcome. Reparations of other production errors, damages or other required reparations could be performed by Johnny Welcome. If required Johnny Welcome and the client shall in respect thereto enter into a separate agreement.
9.3 After delivery and passing the retention of title of the work by Johnny Welcome to the client, Johnny Welcome is not liable in any matter or based on whatever reason for any loss or damage whatsoever, either direct or indirect, arising from or related to any use whatsoever by the client of the delivered work.
9.4 Johnny Welcome shall and can not be held liable for any damages or faults caused by any third party or sub-contracter which is contracted directly or indirectly with regard to the agreement between Johnny Welcome and the client.
9.5 Johnny Welcome can not, if any, in any event be held liable for an amount that exceeds the total amount the client paid to Johnny Welcome under the agreement.

10. Force majeure
10.1 Johnny Welcome shall not be responsible and/or liable towards the client for damages or loss caused by strikes, trade union conflicts, accidents, lock outs, fire, war, terrorism, shortage or absence of raw material, delays on the part of suppliers or forwarders, government acts or any other circumstance or cause beyond Johnny Welcome ’s control (“force majeure”) as a result of which Johnny Welcome is not able to fulfill it’s activities and/or obligations under the agreement.

11. Intellectual property/confidentiality
11.1 The complete and unrestricted intellectual property rights of the work are owned and remain by Johnny Welcome. The work may be photographed by Johnny Welcome. Johnny Welcome may reasonably use the (photos of) work for the promotion of their own activities and publicity.
11.2 Without prior expressly written consent of Johnny Welcome the client may not adjust, change, amend or combine in any way the work of Johnny Welcome.
11.3 The delivered work of Johnny Welcome may only be used by the client for her own purpose or benefit based on common and regular use of the work, The client acknowledges and agrees upon that the work without prior written approval of and agreement with Johnny Welcome, may not be duplicated, copied, published and/or used for any commercial, marketing or advertising activity or any other purpose than foreseen in the agreement. In case of any agreed use of the work by the client, the client shall expressly and in a clear manner mention the name of Johnny Welcome as the designer of the work.
11.4 Without prejudice of claiming damages and/or compensation by Johnny Welcome a violation of this article shall rise a penalty as of right, with immediate affect, and not subject to any judicial intervention, of an amount of ten thousand euro per violation and/or per day during which the violation continues.
11.5 The client undertakes to keep the agreement, the terms of the agreement and all information exchanged with Johnny Welcome strictly confidential, throughout its validity period and afterwards, without time limit.

12. Miscellaneaous
12.1 Insofar and in respect of any provision of these general conditions or under the agreement may not be invoked by Johnny Welcome all other provisions remain in full force and effect and shall be in no way invalidated, impaired or affected thereby. Johnny Welcome and the client shall nevertheless act in accordance with the purpose and scope of the concerning provision. If necessary the excluded provision shall be replaced or adjusted in such a way that Johnny Welcome may legally invoke the concerning provision.
12.2 No adjustment or amendment of any provision of these general conditions and/or the agreement shall be binding or enforceable unless executed in writing between Johnny Welcome and the client.

13. Dissolution and termination
13.1 If the client preliminary cancels or causes the termination of the agreement for whatever reason, the obligation of the client to pay the complete amount due to Johnny Welcome according to the agreement shall remain in full force and affect, without prejudice to Johnny Welcome to claim damages.
13.2 Johnny Welcome shall have the right to dissolve the agreement as of right, with immediate effect, without any judicial intervention being required, without prejudice to Johnny Welcome to claim damages and/or compensation of costs and expenses, if the client has been declared bankrupt, a request of a debt rescheduling arrangement has been filed by the client, the client requests for a suspension of payment, the client ceases, the client liquidates it’s activities or business, a change of control over the client, or the client repeatedly fails to fulfil it’s obligations under the agreement.

14. Disputes and applicable law
14.1 This agreement is exclusively governed by the laws of the Netherlands. Any and all disputed arising in connection with these conditions or the agreement shall be settled exclusively by the competent courts in Maastricht, Netherlands.


Please feel free to contact us if you have any other questions about your privacy or our privacy policy. Our contact details are mentioned below. 


Email address: info@johnnywelcome.com
Chamber of Commerce number: 81626584
VAT number: NL 0035.85.283.B61


© JOHNNY WELCOME 2022