Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your use of the website and purchase of products from DimitryVandenBerg. By accessing our website or placing an order, you agree to be bound by these Terms and our Privacy Policy.

These Terms are governed by Dutch law. Any disputes will be resolved in the courts of Amsterdam, The Netherlands.

2. Business Information

3. Products and Services

3.1 Custom-Made Products

All products sold through our shop are custom-made to order. This means:

• Each print is created specifically for you after order placement
• Products are made according to your selected specifications (size, material, framing)
• Production begins immediately after payment confirmation
• Digital downloads are personalized and delivered to your email

3.2 Product Descriptions

We strive to accurately display colors, dimensions, and specifications. However:

• Colors may vary slightly due to monitor calibration
• Print colors may differ from screen display due to printing process
• We cannot guarantee exact color matching
• Product images displayed on the website are optimized for web viewing and may appear lower in resolution; final prints contain significantly more detail and clarity

3.3 Availability

While we display product availability, we reserve the right to:

• Limit quantities available for purchase
• Discontinue products at any time
• Refuse orders that we cannot fulfill

4. Ordering Process

4.1 Placing an Order

When you place an order:

1. Select your product, size, material, and options
2. Add items to cart and proceed to checkout
3. Provide accurate shipping and contact information
4. Review your order summary
5. Complete payment through our secure payment provider (Stripe)

4.2 Order Confirmation

After placing an order, you will receive an email confirmation. This confirmation does not constitute acceptance of your order. We reserve the right to refuse or cancel orders for reasons including:

• Product unavailability
• Pricing errors
• Suspected fraud
• Inability to fulfill delivery requirements

4.3 Order Accuracy

Important: Please carefully review your order before completing payment. Once production begins, orders cannot be modified or canceled.

5. Pricing and Payment

5.1 Prices

• All prices are in Euros (€) unless otherwise stated
• Prices include VAT where applicable
• Shipping costs are calculated at checkout
• Prices are subject to change without notice
• The price displayed at checkout is final

5.2 Payment

Payment is processed securely through Stripe. We accept:

• Credit cards (Visa, Mastercard, American Express)
• Debit cards
• Other payment methods as displayed at checkout

Payment must be received in full before production begins. We do not offer payment plans.

6. Shipping and Delivery

6.1 Delivery Times

Production and shipping times vary by product:

• Digital Downloads: Delivered within 24 hours via email
• Prints: 1-2 weeks production + shipping time
• Framed Prints: 2-3 weeks production + shipping time
• Original Artwork: Contact for delivery estimate

These are estimates. Actual delivery may vary due to production requirements, shipping carrier delays, customs clearance, or other factors beyond our control.

6.2 Shipping Address

You are responsible for providing a correct and complete shipping address. We are not liable for orders delivered to incorrect addresses provided by the customer.

6.3 International Shipping

For international orders:

• Additional customs duties and import taxes may apply
• You are responsible for all customs fees and import duties
• Delivery times may be longer due to customs clearance

6.4 Tracking

Once your order ships, you will receive a tracking number via email. Track your shipment using the carrier's website.

7. Returns, Exchanges, and Cancellations

7.1 No Returns Policy (Custom-Made Products)

7.2 Exchanges for Production Defects

We DO offer exchanges for products with production defects, including:

• Manufacturing defects
• Incorrect product specifications (wrong size, material, etc.)
• Print quality issues (misprints, color errors, banding)
• Defective materials or craftsmanship

7.3 Reporting Production Defects

To request an exchange for a production defect:

1. Contact us within 7 days of receiving your order
2. Email shop@dimitryvandenberg.com with:
   • Your order number
   • Clear photos showing the defect
   • Description of the issue
3. We will review your claim within 3 business days
4. If approved, we will produce a replacement at no cost

7.4 Shipping Damage

For items damaged during shipping:

• Report damage within 48 hours of delivery
• Provide photos of the damaged package AND the damaged product
• Keep all packaging materials for inspection

Proof Required: We require photographic evidence to process shipping damage claims. Claims without photos cannot be processed.

7.5 Cancellations

Orders cannot be canceled once payment is confirmed, as production begins immediately. Please review your order carefully before completing checkout.

7.6 Refused or Undeliverable Packages

If you refuse delivery or a package is returned as undeliverable due to incorrect address information, we are not obligated to issue a refund. You may be responsible for return shipping costs.

8. Intellectual Property

8.1 Copyright

All artwork, images, designs, and content on this website are protected by copyright and owned by Dimitry van den Berg. Unauthorized use is prohibited.

8.2 Limited License

When you purchase a physical print or digital download, you receive:

• The right to display the artwork for personal, non-commercial use
• Ownership of the physical print (but NOT the copyright)

You MAY NOT:

• Reproduce or make copies
• Resell or redistribute
• Use for commercial purposes
• Modify or create derivative works
• Publish online without permission

9. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, or consequential damages
• Our total liability is limited to the purchase price of your order
• We are not responsible for shipping carrier delays or losses
• We are not liable for customs duties or import taxes

This limitation does not affect your statutory rights under Dutch consumer law.

10. Governing Law and Disputes

10.1 Applicable Law

These Terms are governed by Dutch law. The application of the Vienna Sales Convention (CISG) is explicitly excluded.

10.2 Dispute Resolution

In case of disputes, we encourage you to contact us first to resolve the matter amicably:

Email: shop@dimitryvandenberg.com

If resolution cannot be reached, disputes will be exclusively resolved by the competent courts of Amsterdam, The Netherlands.

10.3 European ODR Platform

EU consumers can use the European Commission's Online Dispute Resolution platform:

https://ec.europa.eu/consumers/odr

11. Changes to Terms

We reserve the right to update these Terms at any time. Changes will be posted on this page with an updated "Last Updated" date. Continued use of our services after changes constitutes acceptance of the new Terms.

12. Contact Information

For questions about these Terms or your order, contact us: