Terms and Conditions My Golden Record
By placing your order, we come to an agreement that My Golden Record will create an award for you. The award will be made and delivered after your final approval of the design. These terms and conditions apply to your order, and all offers from My Golden Record.
2. Providing Files
To be able to create a design, we do need files and information. This is done by uploading text and image(s) files.
You are always responsible for the by you provided content and information. By this, we mean that My Golden Record will not be responsible for cases like:
- Content/(text)material(s) with grammatical errors;
- Poor quality, incomplete or incorrect sent content/visual material; and/or
- Incorrect billing or shipping address information
3.Third Party Rights
The by you supplied information must be either copyright free, or you must own the copyrights (or other intellectual ownership).
If prior to the first design it appears that the content/(text)material supplied (presumably) violates copyright or other third party rights, My Golden Record will have the rights to cancel the assignment or offer the opportunity to supply other material.
If it happens that after the design phase, but before the shipment of your award, it appears that text and/or (visual) material(s) violate copyright or other third party rights, My Golden Record can dissolve the agreement. In that case, My Golden Record will refund half of the original invoice value.
If after the delivery of your award it appears that the material used violates copyright or any other third party rights, and My Golden Record is held liable by the rightful claimants, you will indemnify My Golden Record for any possible damage we suffer as result. This means that if we are forced to make costs for our legal defense, we can recover these costs from you, as the client, and we will provide your name and adress details to the entitled party.
4. The Design Phase
The most important part of our products is the design. My Golden Record will propose one design based on the by you supplied content/material(s), which is send to the specified e-mail adress within two working days after the material has been supplied by you. It is therefore important that you provide us with the correct content/material(s) at once, to avoid additional work and extra costs. Keep the following in mind:
- New or better quality image files, which are (again) supplied during or after the design phase, can be refused. Each situation will be considered in consultation to carry this out as additional work at an hourly rate;
- For each order, we propose one design. We do not create designs without an order.
- Depending on the argumentation, by complete rejection of the proposed design, a second proposal can be made in consultation at additional costs based on an hourly rate;
- Once you have given your approval for production, the design cannot be changed anymore;
- Extra work, such as a possible second design, will be charged with a rate used by My Golden Record of € 12,50 (excl. VAT) per 10 minuten.
Payment will be made in advance. After payment, My Golden Record will proceed to design and produce the award.
In cases where invoices are made afterwards, a payment term of fourteen days after the invoice date is applied. If the payment is not made on time after the reminder, My Golden Record can claim the following costs:
– 15% of the invoice amount, with a minimum of € 100,- EUR, if you place the order as an entrepreneur;
– 15% of the invoice amount, with a minimum amount of € 40,- EUR, if you place the order as a consumer.
The prices mentioned are VAT included.
6. Delivery Time and Shipment
My Golden Record strifes to send a trial design within two working days after receiving the by you send content/material(s). After approval of the design, your award will be usually shipped in two working days. This is however a guideline and no guarantee can be given regard; the actual delivery time may differ, as My Golden Record is also depending on third parties for production and shipping. Of course, My Golden Record will keep you updated about your order.
7. Right of Withdrawal
The award you order is a personalized/custom-made product. Even if you place the order as a consumer, not acting in the exercise of profession or business, will the order be final and right of withdrawal does not apply.
8. Copyright of My Gold Record
Designs created by My Golden Record are protected by copyright. You, or third parties may not make any changes to the design of your created award without permission from My Golden Record. Parts of the design or derivatives thereof which contain copyright of My Golden Record (design concepts and design solutions), also cannot be used by you, or third parties in other work.
My Golden Record remains entitled to use its own designs, concepts and solutions in other designs as well. However, the design of your award will not be used in its entirety in other assignments or works of My Golden Record.
My Golden Record will not provide source files of the design.
9. Usage for Promotional Purpose
My Golden Record has the right, with observance from you as client and/or beneficiary, to use the design for its own publicity or promotion. For example, placing images on its website or social media. My Golden Record will make a logical consideration whether prior consultation is necessary.
10. Contact Information
The contact information of My Golden Record:
idonuts | Pijnboomstraat 47 | 2565 ZJ Den Haag | +31 6 5190 5434 | firstname.lastname@example.org
Mijn Gouden Plaat staat voor de tevredenheid van onze klanten. Mocht jouw gouden plaat bij oplevering gebreken vertonen, dan kan daarvan per mail aan email@example.com melding van worden gemaakt. Als er binnen zeven dagen na ontvangst geen sprake is van klachten, wordt jouw gouden plaat geacht te zijn aanvaard.
Please note that My Golden Record is not obliged to repair defects that are caused by incorrect or careless use of the award, like fall damage (dents, cracks, scratches) or damage that occurs when the award is transported without protective packaging.
The responsibility of My Golden Record for defects is limited to repair of the defect, or a refund of the original invoice amount (assessed exclusively by My Golden Record), if a refund is made instead of repair. My Golden Record is not responsible for business, consequential or indirect damage.
In the unlikely event that one or more of the above stated terms and conditions proves to be invalid or no longer valid, the other terms and conditions will remain in force. The invalid condition will be replaced by a condition that resembles as close to the original as possible.
14. Applicable Law
The Dutch law applies over this agreement. In the exceptional case that a dispute cannot be resolved through mutually, good-natured consultation, the court in The Hague will have exclusive jurisdiction.