TERMS & CONDITIONS
1. These Terms and Conditions will apply to the purchase of any goods from the Website by you (the Customer or you).
2. These are the terms on which all Goods are sell to you. By ordering any of the Goods via the Website, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession.
4. Contract means the legally binding agreement between you and us for the supply of the Goods.
5. Delivery Location means the Customer’s premises or other location where the Goods are to be supplied, as set out in the Order.
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored.
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order.
8. Order means the Customer’s order for the Goods from the Supplier as submitted following the step-by-step process set out on the Website.
10. Website means our website https://www.simonwieland.art on which the Goods are advertised.
11. The description of the Goods is as set out in the website, or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Goods which appear on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
16. We may contact you by using email or other electronic communication methods, by pre-paid post and you expressly agree to this.
BASIS OF SALE
17. The description of the Goods in our Website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
18. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
19. A Contract will be formed for the sale of Goods ordered via the Website only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate, and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email or any other Durable Medium with all necessary information confirming the Order in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
20. No variation of the Contract, whether about the description, quantity or type of the Goods, the price of the Goods, other related charges or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
PRICE AND PAYMENT
21. The price of the Goods and any additional delivery or other charges are those that are set out on the Website at the date of the Order, or such other price and/or charges as we may agree in writing.
22. Prices and charges include VAT at the rate applicable at the time of the Order.
23. You must pay by submitting your credit or debit card details or using PayPal with your Order, and we will take payment immediately.
24. We will deliver the Goods, to the Delivery Location, within the agreed period or, in the absence of any such agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
25. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver the Goods on time, you have specified a later date or period for delivery of the Goods which is appropriate to the circumstances and we have not delivered within that period.
26. If you elect to treat the Contract at an end for our failure to deliver the Goods on time, you have to send an email to firstname.lastname@example.org without delay and we will (in addition to other remedies) promptly return all payments made under the Contract.
27. If you are entitled to treat the Contract at an end due to our failure to deliver the Goods on time, but do not elect do so as set out above, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
28. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
29. We generally deliver to addresses within Belgium and EU.
31. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
32. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
RISK AND TITLE
33. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
34. You do not own the Goods until we have received payment in full for the Goods.
WITHDRAWAL, RETURNS AND CANCELLATION
35. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
36. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
a. goods that are made to your specifications or are clearly personalised
37. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
a. in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery
RIGHT TO CANCEL
38. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (i.e. subscriptions), the right to cancel will be 14 days after the first delivery.
39. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision sent to us by email to email@example.com. In any event, you must be able to show clear evidence of when the cancellation was made.
40. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel to us before the cancellation period has expired.
EFFECTS OF CANCELLATION IN THE CANCELLATION PERIOD
41. Except as set out in the related provisions below, if you cancel the Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
DEDUCTION FOR GOODS SUPPLIED
42. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
TIMING OF REIMBURSEMENT
43. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you the Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
44. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
45. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
46. If you have received Goods in connection with the Contract which you have cancelled, you must email us at firstname.lastname@example.org without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
47. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a Consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the Consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded; and
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a Consumer and the Consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
48. The Goods must:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
49. If you wish to exercise your legal rights to reject the Goods (or the Goods as repaired or replaced) for non-conformity with the Contract:
a. you must email us at email@example.com without delay; and
b. you must return the Goods to us or allow us to collect them from you and, if the Goods are not in conformity with the Contract, we will pay the costs of this, otherwise you will pay such costs.
50. If you are entitled to exercise your legal rights to reject the Goods (or the Goods as repaired or replaced) for non-conformity with the Contract, you can (in addition to any other remedies) treat the Contract at an end. If you elect to treat the Contract at an end for our failure to deliver the Goods on time:
a. you must email us at firstname.lastname@example.org without delay; and
b. we will (in addition to other remedies) promptly refund you in accordance with your applicable legal rights set out above.
51. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, e.g. if you discussed it with us during the sales process.
THIRD PARTY RIGHTS, SEVERANCE AND NO WAIVER
52. The Contract is between you and us. No other person shall have any rights to enforce any of its terms (including these Terms and Conditions).
53. Each of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
54. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
GOVERNING LAW, JURISDICTION AND COMPLAINTS
55. The Contract (including any related non-contractual matters) is governed by the law of United Kingdom.
56. Disputes can be submitted to the jurisdiction of the courts of United Kindgdom.
57. We try to avoid any dispute, so we deal with complaints in the following way: If for whatever reason you are not happy, please contact us using email@example.com. We will respond to you as soon as possible (normally within 1-2 business days).
FOR DIGITAL PRODUCTS
Our animations are available for most uses including commercial, editorial and personal. You are allowed to use our videos for promo videos, websites, television, film, YouTube videos, digital posters, Facebook pages, social media campaigns, newsletters, documentary, apps, games, etc… If you want to put any of our stock animation videos as trademark or service mark please contact us.
You may not sublicense and/or place any of the stock animation videos, modified or unmodified, on a website or any other medium and offer them for redistribution or resale.
You may not use our assets to create a library of elements inside a video editing software, app or anything similar
You may not use our stock animation videos for any illegal or unauthorized purpose. You must not, in the use of our stock animation videos, violate any laws in your jurisdiction.
You may not use for any unlawful purpose, to defame a person, to violate a person’s right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity.
After we have successfully received your payment, the selected stock animation video(s) will be instantly available for download. This may take up to 1 hour, but usually happens within seconds. If you do not receive an email after this time period, contact us through our website.
You may not copyright our videos as stand alone videos. If you use them as part of a larger creative work (i.e.: documentary, animation short film, etc.) you may copyright your larger work which may include our videos. When in doubt please ask us for clarification.
Penalties for reselling, or for using our videos without downloading them here using a real name, will be far greater than the cost of the original license. We are friendly, and happy to help so please contact us when in doubt.
We ask you to provide us your contact details on checkout. This information will not be shared or sold. These details MUST be accurate or your license is invalid. If we/you can’t validate your license you may be liable for damages.
Simon Wieland Art offers these videos ‘as is’. Although our videos may be customized further, we cannot offer tech support for customization.
Unless there is a technical defect with your purchased file, please understand that we are unable to guarantee a refund because we provide you with immediate access to download your purchase. Due to the fact that digital files are impossible to “return”, it is unlikely we will offer a refund, unless there is an exceptional situation, which we will handle at our discretion. Please consult our Refund Policy for more details.
As a European company, we comply with EU legislation, which you can find here.
By agreeing to our terms and conditions when you make a purchase, you agree to lose your right of withdrawal as soon as you start downloading any of our digital products.