Terms of Service

Article 1 – Definitions

1.1 Cooling-off Period
The period during which the Customer has the right to cancel the agreement without providing any reason, as stated in Article 5 of these terms and conditions.

1.2 Customer
The natural or legal person entering into an agreement with GoDandy, excluding situations where the person acts in the course of their profession or business.

1.3 Day
A calendar day, meaning a 24-hour day that starts at 00:00 and ends at 23:59.

1.4 Ongoing Transaction
An agreement in which GoDandy provides products or services over a longer period, with staggered delivery and/or purchase obligations, as described in Article 5, paragraph 5 of these terms and conditions.

1.5 Durable Medium
Any means that enables the Customer or GoDandy to store personal information in a way that allows future access and unaltered reproduction, such as email or digital storage media, as mentioned in Article 3, paragraph 2.

1.6 Right of Withdrawal
The Customer's right to terminate the agreement within the cooling-off period without giving any reason, as described in Article 6 of these terms and conditions.

1.7 GoDandy
GoDandy Art, is the natural or legal person offering the products and/or services and entering into the agreement with the Customer. GoDandy is based in Amsterdam, Netherlands, and registered with the Chamber of Commerce under registration number 34115336

1.8 Distance Agreement
An agreement in which GoDandy and the Customer exclusively use one or more means of distance communication to conclude the agreement without meeting in person, as described in Article 5, paragraph 1.

1.9 Means of Distance Communication
Any method that can be used to conclude an agreement where the Customer and GoDandy are not in the same physical space, such as the internet or phone, as mentioned in Article 5, paragraph 1, and Article 3, paragraph 2.

1.10 General Terms and Conditions
These General Terms and Conditions that apply to all agreements and transactions between GoDandy and the Customer, as mentioned in Article 3 of these terms and conditions.

Article 2 – Identity of the Entrepreneur

Company name: GoDandy Art
Address: Ruysdaelstraat 34, 1071WX
Email address: support@godandy.nl
Chamber of Commerce number: 34115336
VAT number: NL002085904B26

Article 3 – Applicability

3.1 General Terms and Conditions
These General Terms and Conditions apply to every offer, distance agreement, and order between GoDandy and the Customer. Before the distance agreement is concluded, the text of these General Terms and Conditions will be made available to the Customer. If this is not reasonably possible, it will be indicated that the General Terms and Conditions are available for inspection at GoDandy and will be sent free of charge upon the Customer's request.

3.2 Electronic AgreementsIf the agreement is concluded electronically, the text of the General Terms and Conditions can be made available electronically in such a way that the Customer can store them on a durable medium. If this is not possible, it will be indicated where the terms can be viewed electronically and that they will be sent electronically or otherwise free of charge upon the Customer's request.

3.3 Specific ConditionsIf specific product or service conditions apply in addition to these General Terms and Conditions, the provisions regarding availability and free sending also apply to those conditions. In the event of a conflict between general and specific conditions, the Customer can rely on the provision that is most favorable to them.

3.4 Invalidity and Replacement
If one or more provisions of these General Terms and Conditions are wholly or partially void or nullified, the remaining provisions shall remain in force. The invalid provision will be replaced by a provision that, to the greatest extent possible, reflects the original intent.

3.5 Unspecified Situations
Situations not covered by these General Terms and Conditions will be assessed in accordance with the spirit of these terms. Any ambiguities regarding the interpretation or content of one or more provisions will also be explained in accordance with the spirit of these terms.

Article 4 – The Offer

4.1 Validity and Changes
If an offer has a limited validity period or is subject to specific conditions, this will be clearly stated in the offer. The offer is non-binding, and GoDandy reserves the right to modify and adjust the offer.

4.2 Descriptions and Images
The offer includes a complete and accurate description of the offered products and/or services. This description is detailed enough to enable the customer to make a proper assessment of the offer. If GoDandy uses images, they are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind GoDandy.

4.3 Indications and Colors
All images, specifications, and data in the offer are indicative and cannot be a basis for compensation or cancellation of the agreement. Product images are intended as a true representation, but GoDandy cannot guarantee that the displayed colors exactly match the actual colors of the products.

4.4 Information in the Offer
Each offer includes information so that the customer clearly understands the rights and obligations associated with the acceptance of the offer, including:

• The price including taxes;
• Any shipping costs;
• The way in which the agreement is concluded and the actions required for this;
• Whether the right of withdrawal applies;
• The method of payment, delivery, and execution of the agreement;
• The period for accepting the offer or the period within which GoDandy guarantees the price;
• The rate for distance communication, if the costs for using distance communication techniques are calculated on a basis other than the regular basic rate;
• Whether the agreement will be archived after its conclusion and, if so, how it can be consulted by the customer;
• The manner in which the customer can check and, if desired, correct the data provided before concluding the agreement;
• Any other languages, in addition to Dutch, in which the agreement can be concluded;
• The codes of conduct to which GoDandy has adhered and how the customer can consult these codes electronically;
• The minimum duration of the distance agreement in the case of an ongoing transaction.

4.5 Optional Specifications
Optional information about available sizes, colors, and types of materials may also be included.

Article 5 – The Agreement

5.1 Formation of the Agreement
The agreement is concluded at the moment the consumer accepts GoDandy’s offer and meets the conditions set out in the offer, unless stated otherwise.

5.2 Confirmation of Acceptance
If the consumer accepts the offer electronically, GoDandy will immediately confirm receipt of the acceptance by email. Until the consumer receives this confirmation, the consumer can cancel the agreement.

5.3 Security of Electronic Transmission
When the agreement is concluded electronically, GoDandy will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, appropriate security measures will be observed.

5.4 Verification of Payment Capacity
Within legal frameworks, GoDandy may assess whether the consumer can meet their payment obligations and other relevant factors important for responsibly entering into the agreement. If GoDandy has valid grounds based on this assessment to refuse to enter into the agreement, GoDandy reserves the right to refuse an order or application with reasons or to attach special conditions to the execution.

5.5 Information on Product or Service
Upon delivery of a product or service to the consumer, GoDandy will provide the following information, either in writing or in a manner that allows the consumer to easily store it on a durable medium:

• The visit address of the GoDandy location where the consumer can address complaints;
• The conditions and method by which the consumer can exercise the right of withdrawal, or a clear notice if the right of withdrawal is excluded;
• Information on warranties and existing after-sales service;
• The data mentioned in Article 4, paragraph 3, unless already provided before the execution of the agreement;
• The requirements for termination of the agreement if it has a duration of more than one year or is of indefinite duration.

5.6 Ongoing Transactions
For ongoing transactions, the above information only applies to the first delivery.

5.7 Suspensive Condition
Each agreement is concluded under the condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

6.1 Custom Products
GoDandy offers custom-made products, such as personalized dog portraits, and all products are printed on demand. This means that they are final sale, non-returnable, and non-refundable. As each item is uniquely crafted for the customer, the right of withdrawal does not apply, and all sales are considered final once payment is made.

However, you may cancel your order free of charge within 4 hours of placing it. After this period, cancellations are no longer possible, and the order will be deemed final.

If you receive a design proof, you are required to approve or reject the design within 3 weeks. If no response is received within this time frame, the design will be automatically approved.

‍6.2 Termination of Agreements
If the client fails to meet any obligations under the agreement, GoDandy has the right to terminate all agreements with the relevant client without the need for a formal notice of default or judicial intervention. GoDandy also reserves the right to compensation for incurred costs, damages, lost profits, and interest.

Article 7 – Modification and Cancellation of the Order

7.1 Modifications to the Order
Modifications to the order, whether requested by the customer or due to circumstances requiring different execution, are treated as additional or reduced work. If additional costs are associated with the modification, these will be billed as extra work. If costs are saved, this will be considered reduced work, and the price will be adjusted accordingly. Customers can request modifications to both custom-made and non-custom-made products free of charge within 4 hours after placing the order. After this period, additional costs may apply.

7.2 Unexpected Circumstances
GoDandy reserves the right to cancel an order when unforeseen circumstances make it necessary. This may be the case if the requested dog portrait cannot meet GoDandy’s quality standards due to the breed or specific characteristics of the dog being too complex to process in a way that meets our artistic standards. In such cases, GoDandy will notify the customer and, if applicable, offer a full refund of the already paid costs.

7.3 Price Changes
If the customer does not wish to accept a price change, they have the right to withdraw from the order within seven days of being notified of the change.

Article 8 – Execution of the Order

8.1 Order Execution
After accepting the order, GoDandy will carry it out as soon as possible according to the quote, considering reasonable customer preferences.

8.2 Care and Craftsmanship
Unless otherwise agreed in writing, GoDandy guarantees that the order will be executed with care and craftsmanship to the best of its ability.

8.3 Use of Third Parties
GoDandy may engage third parties for certain tasks if agreed upon. Any additional costs are GoDandy’s responsibility unless otherwise agreed. If unforeseen circumstances require third-party involvement, further cost arrangements will be made.

8.4 Customer Cooperation
The customer is responsible for providing all necessary information and support for the timely execution of the order.

8.5 Access to Locations
The customer must ensure GoDandy has access to relevant locations, with the option to set conditions for this access.

8.6 Withholding Results
GoDandy reserves the right to withhold order results and suspend execution if the customer fails to meet their obligations.

Article 9 – Delivery Times

9.1 Indicative Delivery Times
Delivery times provided by GoDandy are indicative and non-binding unless expressly agreed otherwise in writing. Digital designs are delivered within 1 to 3 working days. Physical prints have a delivery time of 14 to 21 days for the Netherlands, and 28 to 42 days for Europe, and North America, depending on the destination. GoDandy is not considered in default until the customer issues a written notice of default, even if a final deadline has been agreed upon.

9.2 No Compensation for Delays
Exceeding the agreed delivery times, regardless of the cause, does not entitle the customer to compensation, unless otherwise agreed in writing.

Article 10 – Returns

10.1 Custom Products
Since GoDandy products are custom-made, such as personalized dog portraits, returns are generally not possible. Each order is unique and specifically made for the customer, so the right of withdrawal does not apply to custom products, in accordance with Article 6.

10.2 Damaged Products
If the customer receives a damaged product, it can be returned free of charge. The customer must contact GoDandy via support@godandy.nl within 14 days of receipt, including a photo of the damage. After GoDandy assesses the damage, a replacement product will be sent free of charge.

10.3 Procedure for Returning Damaged Products

• The customer must submit a written request along with photos of the damage within 14 days of receipt.
• GoDandy will provide the customer with return instructions.
• The damaged product must be returned in its original condition and packaging, if reasonably possible.
• GoDandy will, after receiving and evaluating the returned product, ensure the free shipment of a new product.

10.4 Exceptions to Returns
Returns are not possible for products that have been delivered intact and correctly, as these are personalized custom products.

Article 11 – Intellectual Property Rights

11.1 Intellectual Property Ownership
All intellectual property rights to visual and audio recordings developed or created by GoDandy (referred to as "The Material") in the context of the order remain the exclusive property of GoDandy.

11.2 Limited Usage Rights
The customer receives only the usage rights explicitly outlined in the order or granted in writing by GoDandy. Any reproduction, public disclosure, or other use of The Material outside of this requires prior written consent from GoDandy.

11.3 Preservation of Copyright Notices
The customer is prohibited from removing or altering copyright, trademark, or other intellectual property notices on The Material, including those indicating confidentiality.

11.4 Technical Protection
GoDandy reserves the right to use technical measures to protect The Material. The customer may not remove or bypass such protection.

11.5 Violation Penalty
Unauthorized use, reproduction, or disclosure of The Material is a copyright violation, subject to a penalty of €1,000 per infringement. This is in addition to GoDandy's right to seek full compensation or other legal remedies.

11.6 Third-Party Claims
The customer indemnifies GoDandy against all third-party claims related to intellectual property rights infringements.

Article 12 – Confidentiality

12.1 Confidentiality Agreement
Both parties agree to keep all information shared before, during, or after the execution of the agreement confidential, whether explicitly marked as such or reasonably understood to be confidential.

12.2 Extended Confidentiality
This confidentiality obligation applies to the employees of both parties and any third parties involved in the execution of the agreement.

12.3 Use of Customer Files
‍GoDandy will only use the files provided by the customer for the purposes of fulfilling the agreed-upon assignments.

Article 13 – Liability

13.1 Limitation of Liability
GoDandy accepts liability for compensation only as outlined in this article.

13.2 Attributable Shortcomings
GoDandy is liable to the customer only for attributable shortcomings in the performance of the agreement, limited to direct damages up to the agreed price of the contract, with a maximum of €5,000.

13.3 Exclusion of Other Damages
Any liability for additional compensation, indirect damages, consequential damages, or losses due to lost turnover or profit is excluded. GoDandy is not liable for delays, data loss, damages due to changed circumstances, inadequate cooperation or materials from the customer, or advice not explicitly included in the agreement.

13.4 Exceptions to Maximum Liability
The limits mentioned in this article do not apply if the damage is caused by intent or gross negligence by GoDandy.

13.5 Notice of Default
Liability arises only if the customer notifies GoDandy in writing of the shortcoming, allowing a reasonable period for remedy. The notice must detail the shortcoming to enable GoDandy to respond appropriately.

13.6 Liability for Unlawful Acts
In case of unlawful acts by GoDandy or its employees, liability is limited to damages resulting from death or bodily injury caused by intent or recklessness, capped at €1,000,000 per incident.

13.7 Indemnification for Third-Party Claims
The customer indemnifies GoDandy against third-party claims related to defects in products or systems provided by the customer that include goods or materials from GoDandy, unless the customer proves the damage was caused solely by GoDandy's contributions.

13.8 Limitation on Film and Digital Media
Liability for loss, destruction, or damage to film materials is limited to replacing unexposed film. Further compensation for loss or damage to digital media is excluded.

Article 14 – Disruptions and Force Majeure

14.1 Force Majeure
In case of force majeure, including but not limited to internet disruptions, power outages, unrest, war, transport restrictions, strikes, delivery delays, and issues caused by suppliers, the execution of the agreement will be suspended for the duration of the force majeure event.

14.2 Termination Rights
If a force majeure situation lasts more than ninety days, either party may terminate the agreement in writing, without any obligation for compensation.

14.3 Compensation Exemption
Suspension or termination under this article occurs without compensation obligations, unless there is intent or gross negligence from the other party.

14.4 Resumption of Agreement
Once the force majeure situation ends, both parties will resume the execution of the agreement unless it has been terminated as per Article

Article 15 – Prices

15.1 Fixed Pricing
The prices of offered products and services remain fixed for the duration of the offer, except for changes in VAT rates.

15.2 Variable Pricing
GoDandy may offer products or services at variable prices subject to fluctuations in the financial market. This will be clearly indicated in the offer, along with a note that listed prices may be indicative.

15.3 Price Increases within 3 Months
Price increases within 3 months after concluding the agreement are permitted only due to legal regulations.

15.4 Price Increases after 3 Months
After 3 months, price increases are allowed if stipulated by GoDandy, provided that they result from legal regulations or the consumer can terminate the agreement upon the increase taking effect.

15.5 Inclusive Pricing
All prices listed in the offer include VAT.

15.6 Errors
All prices are subject to printing and typographical errors. GoDandy is not liable for the consequences of such errors and is not obliged to deliver products at incorrect prices.

Article 16 – Use of Materials for Marketing Purposes

16.1 Reservation for Marketing Purposes
GoDandy reserves the right to use all materials created under the agreement, including but not limited to images and portraits, for marketing and promotional purposes. This may include the use of these materials on GoDandy's website, social media, and other marketing communications.

16.2 Exceptions
If the Customer does not wish for the materials to be used for marketing purposes, they may indicate this in writing to GoDandy. GoDandy will then make appropriate arrangements with the Customer to ensure that the materials are not used for these purposes.

16.3 Limitations
All marketing and promotional activities of GoDandy will comply with privacy legislation and the agreements made with the Customer. In the event of using personal data or specific requests from the Customer, GoDandy will adhere to the agreed limitations and conditions.

Article 17 – Final Provisions

17.1 Applicable Law
This agreement is governed by Dutch law.

17.2 Competent Court
Unless otherwise prescribed by mandatory law, all disputes arising from this agreement will be submitted to the competent Dutch court in the district where GoDandy is located.

17.3 Invalidity and Replacement
If any provision of these General Terms and Conditions is found to be invalid, the validity of the remaining provisions will remain unaffected. In such cases, the parties will establish a new provision that as closely as possible corresponds to the intent of the original provision.

17.4 Information and Communications
Information and communications on GoDandy's website are subject to programming and typographical errors. In case of inconsistencies between the website and the Agreement, the Agreement will prevail.

17.5 Written Communication
"Written" includes e-mail and communication by fax, provided the identity and integrity of the e-mail is sufficiently established.

17.6 Authentic Communication
The version of any communication received or stored by GoDandy is considered authentic, unless proven otherwise by the Customer.

17.7 Changes
Parties must promptly notify each other in writing of any changes to name, postal address, e-mail address, telephone number, and, if requested, bank or giro number.

17.8 Transfer of Rights and Obligations
No party is entitled to transfer its rights and obligations under the Agreement to a third party without the prior written consent of the other party.