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General

General Terms and Conditions Limited Art Article 1 – Definitions For the purposes of these terms and conditions, the following definitions shall apply: 1.1 Ancillary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by Limited Art or by a third party on the basis of an agreement between that third party and Limited Art. 1.2 Reflection period: the period within which the consumer may exercise the right of withdrawal. 1.3 Consumer: the natural person who does not act for purposes relating to his commercial, business, craft or professional activity. 1.4 Day: calendar day. 1.5 Digital content: data produced and supplied in digital form. 1.6 Duration Agreement: an agreement extending to the regular delivery of goods, services and/or digital content over a certain period of time. 1.7 Sustainable data medium: any tool – including e-mail – which enables the consumer or Limited Art to store information addressed to him personally in a way that enables future consultation or use over a period of time tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information. 1.8 Right of withdrawal: the possibility of the consumer to waive the distance within the cooling-off period. 1.9 Limited Art: the user of these conditions, Le Tigre Webdesign Holland and products, offers (access to) digital content and/or services to consumers remotely. 1.10 Distance Agreement means an agreement concluded between Limited Art and the consumer under an organised system for distance selling of products, digital content and/or services, whereby, until the conclusion of the contract, one or more techniques for distance communication are used exclusively or in the distance. 1.11 Withdrawal model form: the European withdrawal model form set out in Annex I to these terms and conditions; Annex I does not need to be made available if the consumer does not have a right of withdrawal in respect of his order. 1.12 Technology for distance communication: means that can be used to conclude an agreement, without the consumer and Reclameland having to meet simultaneously in the same room. Article 2 – Applicability 2.1 These general terms and conditions apply to every offer made by Limited Art and to every distance agreement reached between Limited Art and the consumer. 2.2 In the event that specific product or service conditions apply in addition to these general conditions, Limited Art may always invoke the applicable provision that is most favorable to it in the event of conflicting conditions. Article 3 – The offer 3.1 The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. If Limited Art uses images, they are a truthful representation of the products, services and/or digital content offered. Apparent mistakes or apparent errors in the offer do not bind Limited Art. 3.2 Limited Art shall at all times have the right to cancel or dissolve the order without notice for reasons of its own, such as but not limited to cases where the content of the order placed is, in Limited Art’s decisive opinion, contrary to the law, good morals, public order or decency. Article 4 – The agreement 4.1 The agreement is concluded, subject to the provisions of paragraph 4.3, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions thereby set. 4.2 If the consumer has accepted the offer by electronic means, Limited Art shall immediately confirm by electronic means the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by Limited Art, the consumer may dissolve the agreement. 4.3 Limited Art may, within legal frameworks, inform themselves whether the consumer can fulfil its obligations of payment, as well as all those facts and factors relevant to a responsible entry into account of the remote agreement. If Limited Art has good grounds for not entering into the agreement on the basis of this investigation, it is entitled to refuse an order or application or to commit special conditions to the execution. 4.4 The consumer must supply files ready-to-use, in accordance with Limited Art’s delivery specifications. Article 5 – Changes to the order 5.1 Changes requested by the consumer to the original order, of whatever nature, which cause higher costs than could have been anticipated at the time of the quotation, will be charged to the consumer in addition. 5.2 Changes to the original order required by the consumer must be notified to Limited Art in good time and writing. If the changes are given orally or by telephone, the risk of implementing the changes is borne by the consumer. 5.3 Changes to the original order may result in limited art exceeding the originally agreed delivery time by Limited Art. This possible delay in delivery is at consumer’s risk, whereby consumer cannot hold Limited Art liable for any consequences thereof. Article 6 – Right of withdrawal With products: 6.1 The consumer may dissolve an agreement relating to the purchase of a product during a 14-day withdrawal period without giving reasons, except for products and services that are excluded from the right of withdrawal and are listed in these terms and conditions in Article 10. 6.2 The cooling-off period referred to in paragraph 6.1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, receives the product, or:

• if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. Limited Art may, provided that he has clearly informed the consumer of this prior to the ordering process, refuse an order of several products with a different delivery time.

• if the delivery of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, received the last consignment or the last part

• in the case of regular delivery contracts of products for a given period: the day on which the consumer, or a third party designated by it, has received the first product

In the case of services and digital content not supplied on a tangible medium: 6.3 The consumer may rescind a service contract and a contract for the supply of digital content not supplied on a tangible medium for 14 days without giving reasons. 6.4 The cooling-off period referred to in paragraph 6.3 shall be based on the day following the conclusion of the agreement. Extended cooling-off period for products, services and digital content that has not been delivered on a material medium in the non-information on right of withdrawal. 6.5 If Limited Art has not provided the consumer with legally obliged information on the right of withdrawal or the withdrawal model, the cooling-off period shall end 12 months after the end of the original, in accordance with the previous members of this Article. 6.6 If Limited Art provided the information referred to in the preceding paragraph to the consumer within twelve months from the effective date of the original cooling-off period, the cooling-off period expires 14 days from the day on which the consumer received that information. Article 7 – Obligations of the consumer during the reflection period 7.1 During the reflection period, the consumer will handle the product and its packaging with care. It shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point is that the consumer can only handle and inspect the product as he should do in a shop. 7.2 The consumer is liable for depreciation of the product resulting from a way of dealing with the product that goes beyond permitted paragraph 7.1. 7.3 The consumer is not liable for depreciation of the product if Limited Art did not provide him with all legally required information on the right of withdrawal before or at the conclusion of the contract. Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof 8.1 If the consumer exercises his right of withdrawal, he shall notify Limited Art within the reflection period by means of the model withdrawal form or in another unambiguous manner. 8.2 As soon as possible, but within 14 days from the day following the notification referred to in paragraph 8.1, the consumer shall return the product, or hand it over to (an authorized representative of) Limited Art. This does not have to be done if Limited Art has offered to pick up the product itself. In any case, the consumer has complied with the return period if he sends the product back before the cooling-off period has expired. 8.3 The consumer shall return the product with all accessories supplied, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by Limited Art. 8.4 The risk and burden of proof for the proper and timely exercise of the right of withdrawal lies with the consumer. 8.5 The consumer shall bear the direct costs of returning the product. If Limited Art has not reported that the consumer must bear these costs or if Limited Art indicates that it will bear the costs themselves, the consumer does not have to bear the costs of return. 8.6 If the consumer first expressly requests that the provision of the service or the supply of gas, water or electricity not prepared for sale starts in a limited volume or quantity during the cooling-off period, the consumer Limited Art owes an amount proportional to that part of the commitment fulfilled by Limited Art at the time of withdrawal, compared to the full fulfilment of the commitment. 8.7 The consumer bears no cost for the full or partial delivery of digital content not delivered on a tangible medium if:

• prior to its delivery, he did not expressly agree to the beginning of the agreement before the end of the cooling-off period

• he has not acknowledged losing his right to withdraw when granting his consent or Limited Art has failed to confirm this consumer’s statement.

8.8 If the consumer exercises his right of withdrawal, all additional contracts shall be dissolved by operation of law. Article 9 – Obligations of the entrepreneur in case of withdrawal 9.1 If Limited Art enables the consumer’s notification of withdrawal by electronic means, it shall send an acknowledgment of receipt of this notification without delay upon its receipt. 9.2 Limited Art reimburses all payments from the consumer, including any delivery costs charged by Limited Art for the returned product, without delay but within 14 days following the day on which the consumer reports him the withdrawal. Unless Limited Art offers to collect the product himself, he may wait to repay until he has received the product or until the consumer proves that it has returned the product, depending on what time falls earlier. 9.3 Limited Art uses the same means of payment used by the consumer for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer. 9.4 If the consumer has chosen a more expensive method of delivery than the least expensive standard delivery, Limited Art does not have to refund the additional cost for the more expensive method. Article 10 – Exclusion of right of withdrawal The following products and services are excluded from the right of withdrawal: 10.1 Service contracts, after full performance of the service, but only if:

• implementation has begun with the express prior consent of the consumer; And

• the consumer has stated that he will lose his right of withdrawal once Limited Art has fully implemented the contract.

10.2 Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person. 10.3 Newspapers, books or magazines, with the exception of subscriptions to these. Article 11 – Delivery and execution 11.1 Limited Art will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services. 11.2 As a place of delivery, the address that the consumer has made to Limited Art applies. 11.3 The risk of damage and/or loss of products rests with Limited Art until the time of delivery to the consumer or a representative previously designated and published to Limited Art, unless expressly agreed otherwise. 11.4 Limited Art shall have the right to comply with the agreement in part-deliveries. 11.5 Specified delivery periods by Advertising Country are never considered fatal deadlines but always as an indication. 11.6 The delivery deadlines are fixed in the expectation that there will be no impediments to Limited Art. 11.7 If the consumer desires changes in specifications, the originally specified delivery time shall expire. Article 12 – Complaints procedure 12.1 Limited Art has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure. 12.2 Complaints about the implementation of the contract must be submitted in full and clear with Limited Art within 14 days of receipt of the order. 12.3 Complaints submitted to Limited Art shall be answered within a period of 14 days from the date of receipt. If a complaint requests a foreseeable longer processing time, Advertising Country shall reply within the 14-day period with a receipt notice and an indication when the consumer can expect a more comprehensive answer. 12.4 The consumer must give Limited Art at least 4 weeks to resolve the complaint by mutual agreement. 12.5 Deviations in colour printing, for example but not exclusively in quality, font, color, fold, thickness etc. give no reason to disapprove or complain. 12.6 For paper, deviations in grammage per square meter upwards and downwards are permissible. Article 13 – Force majeure 13.1 Exceptional circumstances that entail a change in the actual circumstances constitute force majeure for Limited Art, which relieves it of its obligation to deliver and/or execute work, without the consumer being entitled to compensation for damages. 13.2 Exceptional circumstances include, but are not limited to, technical hindrances in the production process at Limited Art, internet disruption, hindrance by third parties, hindrance in transport in general, full or partial strikes, loss or damage of goods in transport to Limited Art or the consumer, non-delivery or untimely delivery of goods by Limited Art’s suppliers, fire, breakdowns and accidents in Limited Art’s business or means of transport. 13.3 Limited Art is entitled in case of force majeure to either cancel, suspend or modify the agreement until the situation of force majeure has ended. Article 14 – Liability 14.1 Limited Art is not liable for any damage suffered by the consumer in connection with the execution of this agreement, unless such damage is the direct result of intentional or deliberate recklessness on the part of Limited Art. 14.2 In the event that Limited Art is liable for damage to the consumer, notwithstanding the provisions of the agreement, Limited Art’s liability is limited to an amount paid in the case in question under its insurance policy. 14.3 Where, for any reason, no benefit is made under the insurance referred to in paragraph 14.2, liability shall be limited to the amount charged to the consumer by Limited Art on the agreement in question or can be charged to a maximum. 14.4 Limited Art is not responsible for the properties of the goods supplied, such as, but not exclusively, durability, adhesion, color, gloss, light or color fastness, resistance to wear, etc. Article 15 – Guarantee and indemnification 15.1 The Consumer indemnifies Limited Art completely against all claims for compensation for damage or costs that third parties (may) assert. 15.2 Consumer guarantees Limited Art, that with its assignment to Limited Art and in particular by replication or disclosure of the files supplied by the consumer such as, for example, but not exclusively copy, models, drawings, books, no infringement of rights that third parties may assert under copyright law 1912 or other laws or regulations in the field of copyright, intellectual property law, industrial property law or on the basis of tort. 15.3 If, in respect of the accuracy of the rights referred to by third parties as referred to in paragraph 15.2 of this Article, the reasonable and decisive judgment of Limited Art arises or remains in question, Limited Art shall be competent but not held by the compliance with the agreement until the time when it is irrevocably established in court that Limited Art does not infringe those rights by the fulfilment of the agreement. 15.4 If Limited Art is held liable for any damage by a third party, the consumer shall fully indemnify it and reimburse Limited Art for everything it is required to pay to such third party and as a -direct and indirect- consequence of such liability, including but not limited to, damages, profit remittance, interest, collection costs and the actual costs of legal assistance. Article 16 – Other provisions 16.1 Limited Art is permitted to amend these general terms and conditions in the interim. Amendments to these terms and conditions come into force after they have been properly published, provided that, in the case of applicable changes during the duration of an offer, the most favourable provision will prevail for the consumer. 16.2 If a provision of those conditions is contrary to mandatory provisions, the other provisions in these terms and conditions shall remain in full force. The void or destructible provision will be replaced, taking into account as far as possible the purpose and scope of the original provision. 16.3 Agreements between Limited Art and the consumer to which these general terms and conditions relate only to Dutch law. Agreements and/or acts shall be deemed to have been concluded in the Netherlands, carried out or executed respectively.