1. What do we understand under parties and conditions?
In these General conditions the following shall be understood to mean:
‘Lekstock’: Peter Willems trading under the name of Lekstock, with residence at Graslei 12, 9000 GENT, registered with company registration number 0588.929.263.
'Buyer, you': any natural person (B2C) or legal entity (B2B) entering into a contractual relationship regardless of nature with Lekstock
'Products': the subject of one or several purchase agreements.
Lekstock is an online collection of exclusive drawings and illustrations of the best and most single-minded illustrators in the field. Together they constitute a high-quality, illustrative source for creatives in the varied media landscape.
In addition to these General conditions, if explicitly indicated, specific conditions may apply to certain services and/or products. Should there be any differences between these specific conditions and the General conditions, in principle the provisions in the specific conditions have priority over the General conditions, unless otherwise specified. One or more provisions in these General conditions may only be deviated from subject to explicitly agreed and written proof. In this case the other provisions of these conditions remain in force without prejudice The buyer's General conditions or conditions of purchase are not applicable. Lekstock reserves the right to amend or supplement the General conditions at any moment for future orders. By using the website or another electronic portal site of Lekstock and/or placing an order, the Buyer accepts these General conditions as well as all other rights and obligations specified on the Website. Lekstock may appeal to third parties when this is required for the correct execution of an agreement with the Buyer. Lekstock is accessible via ‘Lekstock.com’.
2. How is the agreement concluded?
Lekstock pays the greatest attention to putting online information about the characteristics of the illustrations, including the descriptions based on details of its illustrators, all this in so far the technical resources allow it and in accordance with the best standards on the market. Certain characteristics may differ from the illustrations when delivered electronically, as shown on the website. An agreement is concluded when an order confirmation has been given or, if the offer was made via the website, an e-mail has been sent to the e-mail address you specified.
You and Lekstock explicitly agree that by using electronic forms of communication, a valid agreement is concluded. More specifically, the lack of a normal, digital or electronically qualified signature does not detract from the binding character of the offer and the acceptance thereof. Lekstock's electronic files, in so far the law allows it, are presumption of proof. Information, images, verbal notifications, lists, etc. relating to all offers and the main characteristics of the illustrations provided by telephone or e-mail are given or made as precisely as possible.
3. How are the prices expressed?
All prices are expressed in euro (and as the case may be in other international currencies such as GBP and USD) and are inclusive of VAT and other taxes. In the event a legal entity acts as Buyer, the price can be indicated exclusive of VAT and other taxes. Special offers are only valid while stocks last. You owe the price Lekstock notified in its confirmation in accordance with article 2 of these conditions. Apparent or abundantly clear errors in the quotation, such as manifest mistakes, can still be corrected by Lekstock following conclusion of the agreement. Possible (digital) delivery costs shall be clearly notified. With regard to certain payment methods, more detailed conditions relating to the delivery method and possible costs apply. This will also be clearly notified to you.
4. How are payments made?
The selling prices specified on the site are inclusive of all taxes (unless you act as a legal entity, B2B). Possible additional costs (such as, for instance, an extensive or exclusive licence) are payable by you and are shown at the check-out of your digital shopping basket. Lekstock reserves the right to change the prices at any moment, but undertakes to apply the tariffs specified on the site at the time of your order. In the event of online orders, all commonly valid and internationally accepted credit cards and electronic payment methods can be used (via PayPal). Security measures via SSL are applied to ensure your online payment is secure. If the payment cannot be made immediately because a financial method of payment was chosen that is unable to bring about an immediate payment, Lekstock lays down a term of payment of 14 days after the invoice date. Invoices are only provided to legal entities (B2B) on request. Consumers can be explicitly excluded from this and can therefore not request an invoice. If the Buyer does not pay the invoice within this specified term, legal interest shall be charged without explicit notice of default. When Lekstock has not received payment after 3 reminders, the invoice shall be transferred to a debt collection agency which will handle the procedure. Complaints need to be submitted within a week after the invoice date. In no way whatsoever does the submission of a complaint result in a suspension of payment. All (extra) judicial costs, regardless of nature, which Lekstock has had to incur as a result of the non-observance by the Buyer of his (payment ) obligations, are also payable by the Buyer.
If a payment method with a credit card (via PayPal) is chosen, the conditions of the card issuer in question apply. Lekstock is not a party in the relationship between the Buyer and the card issuer.
5. Electronic delivery?
The illustrations are delivered electronically (computer file). This implies you need to copy the file (RGB JPG) on your computer, tablet or similar electronic system. For every illustration, and depending on the chosen option, a number of formats is available (A2, A3, A4, A5 and A6). They allow the Buyer to calculate the correct size (and the cost) for the project in question.
When Lekstock registers the payment (either via PayPal, or by manual verification following transfer), the file is released for ‘download’. This release remains valid up to 365 calendar days after purchase (and is limited to 500,000 reproductions). After this term the file can no longer be downloaded, and the file needs to be purchased again, if requested.
The editing of illustrations or files is only allowed up to a certain extent, and shall be individually indicated by the illustrator or Lekstock.
Deliveries are to the digital address or portal site specified by the Buyer during the conclusion of the agreement. As soon as products to be delivered have been delivered to the specified delivery address (and thus saved as a local copy on an electronic system of the Buyer), the risk is transferred to the Buyer.
6. Identity theft and credit card fraud: what are the risks?
To ensure the security of your online transactions, Lekstock works with recognised payment partners and credit card issuers. Payments can be made with the following (credit) cards: Visa, Visa Electron, Visa Debit, Visa Delta, MasterCard, American Express, Maestro, and others which are clearly and unambiguously specified on the PayPal website. Online payments are made via a closed security system, which means your bank details are encrypted at all times when they are sent over the Internet (SSL). Loss or theft of your identity or credit card details is thus limited to a minimum. Lekstock shall keep your ID and transaction details in a secure and encrypted database-environment for one (1) year. Lekstock believes it has taken all possible and relevant precautions and therefore acts as a normal, forward-looking and careful online intermediary. Possible identity theft or financial theft can therefore not be invoked against Lekstock. Liability for the payments itself lies with the executing partner, PayPal.
7. Defects and submission of complaints
At all times you are immediately obliged to check the illustrations in detail upon receipt and download a local copy on your electronic system.
Complaints of the Buyer must be notified within seven (7) days after delivery to Lekstock in writing.
8. Replacement: can I revoke my purchase?
The Market practices Act (WMPC) specifies that the Buyer is able to return the product, without consequences, within the meaning of fines or statement of reasons, within a period of 14 calendar days. This is referred to as the right to retract. Products, the execution of the provision of services of which has already started with the consent of the consumer before the end of the period to retract (more specifically all on-demand services, such as in this case the ordering of an illustration), in pursuance of article 47, §4, 2° of the WMPC, do not fall under this law. In this case it concerns various illustrations, drawings and other related products or services, which were ordered on-demand. Consequently these products do not come into consideration for return.
Products of audio and video recordings and computer equipment, the seal of which has been broken by the consumer (Buyer) (for instance, AV works), customised signed or compiled illustrations or related products for the Buyer, and newspapers, journals and magazines do not into consideration for return.
In the exceptional case that the right to retract can be exercised (the product is not personalised, has not been ordered on-demand, has not been customised and contains no AV characteristics), a return shipment needs to be sent by post or another carrier. The return of an order is at the user's expense and risk, except when the product is non-compliant. Within the guarantee period, the Buyer must return the product to Lekstock and request a return document via service@Lekstock.com. Every returned product must have an RMA number (Return Merchandise Authorization), on pain of the immediate return to the Buyer.
In the event of a valid and legally correct use of the aforementioned right to retract, Lekstock, within seven (7) working days, shall refund the sum paid by the Buyer to Lekstock by way of an international generally accepted payment method.
No refund is possible when unlawful use was made of the right to retract. In this case the goods, subject to specification of motivated reasons, shall be returned to the Buyer, at the Buyer's own account and risk.
Our products always have a personal character, and are ordered or purchased on-demand . This means, in pursuance of article 47, §4, 2° WMPC they do not fall under the right to retract. Consequently these products do not come into consideration for return. There is no right or opportunity to retract. This means your purchase is final.
9. Licences and agreements
Lekstock acts as an online intermediary. Lekstock offers its portal site to different illustrators and their drawings. Lekstock does not create any content itself, but puts the illustrations on its portal site, which are available for purchase.
Lekstock has agreed an allocation formula with the various illustrators. In this way Lekstock guarantees a problem-free user licence for the Buyer, but within the constraints of the licence conditions regarding intellectual property.
For the rest, Lekstock takes no further responsibility for the content of the images or illustrations. When uploading the illustrations by the original authors (illustrators), they agree with this disclaimer. The full ownership of the illustrations remains with the illustrators. Lekstock acquires a main user licence, which is governed in “USER LICENCE LEKSTOCK > BUYER”. Lekstock carries out, to the best of its abilities and according to an obligation of best intents, a preventative check of the newly delivered illustrations. When they clearly violate current laws and rules, public order or public decency, they are barred from publication. The illustrator will be informed of this. Naturally, Lekstock is unable to assess a possible breach of copyrights, trademark law or other intellectual property rights of third parties. When a violation of one or several intellectual property rights (see also article 12) is notified to Lekstock, Lekstock shall immediately and permanently take down the infringing material in question (at the latest 14 working days after the date of written receipt of the notification).
10. What can I do with the illustrations?
The use of the illustrations is governed individually through respective licences (i.e. commercial, or editorial licences). You can download these images or illustrations (and thus save a local copy on your computer, tablet, smartphone or other electronic system), and use them, with due observance of the terms and conditions, as specified in the “USER LICENCE LEKSTOCK > BUYER” document, consult them freely on the Lekstock website and download them in PDF format.
11. What may I not do with the illustrations?
The purchase of an image does not imply a transfer of ownership. By ‘purchasing’ you acquire a user licence, which allows you to use the work in your project. Therefore it is completely prohibited, at all times, to sell, copy, reproduce or commercialise in any way, illustrations without Lekstock's prior written consent. For more information, see article 3 of the “USER LICENCE LEKSTOCK > BUYER”.
All intellectual property rights (chiefly the copyright) are owned by the original author. Lekstock can – through its agreements with the illustrators – only provide a user licence, and never a full transfer of ownership. 365 days after the purchase date, the user licence expires. Moreover, the user licence is limited to 500,000 reproductions. If more reproductions are needed, please contact Lekstock for an extended licence.
12. An image breaches my copyright, or other intellectual property rights.
When an image or illustration, on the Lekstock website, breaches your, or a third party's copyright or other intellectual property rights, please notify this via firstname.lastname@example.org. Following an investigation Lekstock shall, in accordance with an obligation of best intents, take down the infringing material from its website within fourteen (14) calendar days.
The necessary supporting and documentary evidence needs to be enclosed with your notification. Notification must be in writing by registered letter and/or e-mail. In case an e-mail is sent, Lekstock shall confirm receipt. If no receipt is sent, there has probably been an error in the transmission. We advise you to send your notice-and-takedown request by registered letter at all times.
Lekstock can never be obliged to accept any liability or arising damages. The illustrator (uploader) bears full liability for his works at all times. Lekstock solely acts as an online intermediary.
13. Force majeure
In case of force majeure, Lekstock is not obliged to respect its obligations vis-à-vis the other party. Lekstock is entitled to suspend its obligations for the term of the force majeure.
Force majeure shall be understood to mean any independent circumstance outside its control which wholly or partly obstructs the fulfilment of its obligations vis-à-vis the other party.
14. Intellectual property
All intellectual property rights and moral rights remain with Lekstock. Intellectual property rights shall be understood to mean copyright, trademark, design and model rights and/or other (intellectual property) rights, including patentable technical and/or commercial know-how, methods and concepts. The Buyer is prohibited from using and/or making changes to the intellectual property rights as specified in this article, unless it merely concerns private use of the product.
Intellectual property rights, such as these protecting the illustrations, belonging to third parties, are never the subject of transfer to Lekstock. In other words, these rights remain with the original author or rightful claimant.
15. Processing of personal data
The information you specified is necessary to process and complete the orders. If this data is missing, the order is inevitably cancelled. Specifying incorrect or false personal details is considered a breach of these General conditions. The Buyer's personal details shall only be processed in accordance with the applicable privacy statement, which can be consulted on the Lekstock website.
16. Applicable law and competent court
All offers and agreements are governed exclusively by Belgian law. The applicability of the Vienna Sales Convention is explicitly excluded. All disputes related with or arising from offers of Lekstock, or reached agreements, are heard by the competent territorial court, unless a compulsory statutory provision explicitly appoints another competent court.