Definitions
In these terms, the following definitions apply:
Picfee: The user referred to in these terms. Picfee B.V. is registered with the Chamber of Commerce under number 80338348.
Artist: The natural or legal person who uploads and/or sends images to Picfee's website to offer them for sale.
Customer: The (potential) buyer of a print/image.
Print/Image: A physical or digital product offered for sale by Picfee to customers in various dimensions, proportions, and on different materials.
General
These general terms and conditions apply to all offers, quotations, agreements, and other legal relationships between Picfee and an Artist. This includes but is not limited to the uploading and trading of image material with third parties.
These general terms and conditions also apply to all agreements involving third parties in their execution.
The applicability of any general terms and conditions used by the Artist is expressly rejected.
Deviation from these general terms and conditions can only occur after both parties have agreed to it in writing.
Situations not explicitly covered in these general terms and conditions should be interpreted in the spirit of these general terms and conditions.
Picfee reserves the right to unilaterally modify or supplement these general terms and conditions at any time. Artists will be notified in a timely manner of these additions or changes through electronic means.
Commencement and Duration of the Agreement
The agreement between Picfee and the Artist comes into effect and begins when Picfee activates the Artist.
The agreement is entered into for an indefinite period unless otherwise agreed.
The agreement ends when the Artist removes all their works from the page and closes the page. Works of the Artist in the customer's order process at that time may still be sold by Picfee.
Picfee may reject or remove work from a page without providing a reason.
Picfee may unilaterally terminate the agreement without providing a reason.
Upon termination of the agreement, any outstanding balance after sales will be transferred within 1 calendar month to the known bank account of an Artist at Picfee.
Modification and Execution of the Agreement
The agreement can only be modified after both parties have agreed to it in writing.
Any additional costs resulting from these modifications are the responsibility of the Artist. Picfee informs Artists of these additional costs as soon as possible, possibly through information on the page.
With changes to the agreement, the remaining terms of the agreement remain unchanged. Changes to the agreement do not apply to works already in the customer's order process.
The Artist is responsible for providing digitally usable files for works offered for sale.
Picfee is not liable for any damages resulting from the Artist's failure to fulfill the obligations of this agreement or other circumstances attributable to the Artist.
If and to the extent that proper execution of the agreement requires it, Picfee has the right to have certain tasks performed by third parties.
Art(Works)
Art(Work) is only accepted by Picfee if it meets the predetermined requirements, including but not limited to:
a. Work must be submitted in high resolution.
b. Work must not violate copyright or other intellectual property rights, portrait rights, and other mandatory legal provisions.
c. The Artist must be the copyright holder of the work or have the proper license to have the work sold by Picfee.
Picfee reserves the right to remove and keep removed from the page and the website and servers any work suspected of not being owned by the copyright holder or having the correct license, or otherwise being unlawfully submitted.
Artists agree that their work may be sold on the page in any format and on any material offered by Picfee to buyers worldwide and through multiple sales channels, under the name Picfee. Works will no longer be sold once the Artist removes the image from the page, except for works already in the customer's order process, which may still be provided by Picfee.
Artists agree that the works offered for sale by an Artist can be used by Picfee for the promotion of Picfee, without prior permission from an Artist and without Picfee being obligated to pay compensation for this.
The Artist is liable for all uploaded works and image material within their page, account, or other Picfee-related web pages and publications.
If in possession of the correct license(s), the Artist owns the images. Outside the above rules, the owner will always remain the owner of the images, and Picfee will not use these images after the page is removed upon the definitive closure of the collaboration.
Return Policy
It's important for you to know that due to the specific choices you make as a customer, such as the material, dimensions, and chosen image, wall decoration items cannot be returned. However, we want to assure you as our customer that you will always receive a wall decoration item from Picfee in perfect condition.
If, unfortunately, damage occurs during transportation, we kindly ask you to contact us within 48 hours of receipt and provide us with two photos of the damage. We guarantee that as a customer of Picfee, you will always receive a new replacement for the damaged item.
With this policy, we aim to ensure customer satisfaction and make sure our customers can shop with confidence.
Page and Account
Opening an account and page at Picfee is generally non-binding, except for the above and other regulations of mandatory law.
The Artist is responsible for providing accurate and complete necessary information, including contact details, business address, and bank account.
By opening an account or page and uploading work, the Artist gives permission to Picfee to sell these works to third parties.
A page displays at least the name of the Artist and all the works the Artist offers for sale on their page.
Deleting an account and page is only possible by Picfee administrators. An Artist can change and delete their images themselves and can submit a written request to administrators for the deletion of the account, shop, and other details.
Commission and Payment
With every sale of work by Picfee, an Artist earns a commission.
Picfee determines the commission rate per product, size, and material until further notice. These rates are communicated to Artists via their own dashboard.
The commission is transferred as a monthly fee to the bank account provided by the Artist.
Commission can only be credited and paid out when the Artist has provided accurate and complete information, including but not limited to name and bank account, and if applicable, the VAT number.
The commission is paid out monthly in the first 5 working days of the following month.
Picfee sends the Artist a sales invoice for a monthly payout and the sold works.
The payment from Picfee to Artists must be made within the first 5 working days of the following month after the completion of the customer order.
Suspension and Complaints
Picfee has the right to suspend the fulfillment of all its obligations, including the execution of activities and payment of the commission, when the Artist does not meet the above conditions until the Artist complies with these conditions.
Picfee is not liable for any damages arising from a suspension, of any nature, for Artists.
Complaints about an (credit) invoice must be made in writing within 14 days of the invoice date, under penalty of forfeiture.
Liability
Picfee is only liable to the extent that it is based on a legally or contractually attributable shortcoming.
Picfee's liability is limited to a maximum of the total commission accrued up to that date and not yet paid out.
Liability is limited to direct damage, unless there is intent or gross negligence. Picfee is expressly not liable for indirect damage, consequential damage, loss of profit, or otherwise.
Picfee is not liable for shortcomings, or shortcomings of third parties, to the extent that these are due to circumstances for which the Artist and/or third parties are responsible.
The Artist indemnifies Picfee against all claims from third parties, of whatever nature and on whatever grounds.
Copyright Provisions:
General:
Picfee respects intellectual property rights and always acts in accordance with applicable laws and regulations, including Dutch copyright and European copyright directives.
Submission of Images:
By submitting images on the Picfee platform, the user confirms that they are the legal owner of the intellectual property rights of the submitted images or have obtained the authority to use them.
Copyright Infringement:
Picfee does not tolerate copyright infringement. In case of suspected infringement, Picfee reserves the right to immediately remove the relevant content.
Compensation for Violation:
In case of established copyright infringement, Picfee reserves the right to charge compensation ranging from €300 to €750 per affected image, depending on the severity of the infringement.
Notification of Infringement:
If Picfee is informed of alleged copyright infringement by third parties, Picfee will take appropriate measures to investigate the infringement and, if necessary, remove the relevant content.
User Liability:
The user is solely responsible for the content they submit on the Picfee platform and indemnifies Picfee from any liability arising from copyright violations.
Final Provisions
Dutch law applies to these general terms and conditions, as well as to any agreement between Picfee and the Artist.
These general terms and conditions remain in force if one of the parties changes its name, legal form, or owner.
In the event of nullity or annulment of any provision in these general terms and conditions, the remaining provisions remain unaffected.
Any dispute between an Artist and Picfee arising from or related to the execution of an agreement between the parties will be submitted to the competent court in the Netherlands.