Petals & Pixels Privacy Policy, Cookie statement and Terms & Conditions.

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The legal stuff

At Petals & Pixels, we know that while legal details might not be the most thrilling topic, they play a crucial role in ensuring our collaboration goes smoothly and transparently.

On this page, you’ll find our easy-to-understand privacy and cookie policy along with our terms and conditions, so you can feel fully informed about how we can work together and safeguard your interests.

We truly value your understanding of these policies, as they help us build a trustworthy relationship that benefits us both.

Privacy & Cookie statement

Petals & Pixels, located at Doctor Ingenieur Ross van Lennepstraat 7
6419 BK Heerlen, is responsible for the processing of personal data as reflected in this privacy statement.

Contact details:

https://www.petals-pixels.com
Doctor Ingenieur Ross van Lennepstraat 7
6419 BK Heerlen
0655344637

Personal data we process

Petals & Pixels processes your personal data because you use our services and/or because you provide these data to us yourself.

Below is an overview of the personal data we process:

  • First and last name
  • Gender
  • Date of birth
  • Address details
  • Telephone number
  • E-mail address
  • Other personal data that you actively provide e.g. by creating a profile on this website, in correspondence and by telephone
  • Bank account number

Special and/or sensitive personal data that we process

Our website and/or service does not intend to collect data on website visitors who are under 16 years of age. Unless they have permission from parents or guardians. However, we cannot check whether a visitor is older than 16. We therefore advise parents to be involved in their children’s online activities to avoid collecting data on children without parental consent. If you are convinced that we have collected personal data about a minor without such consent, please contact us at arina@petals-pixels.com and we will delete this information.

For what purpose and on what basis we process personal data

Petals & Pixels processes your personal data for the following purposes:

  • Handling your payment
  • Sending our newsletter and/or advertising folder
  • Calling or e-mailing you if necessary to carry out our services
  • Informing you about changes to our services and products
  • Petals & Pixels also processes personal data if we are legally obliged to do so, such as data we need for our tax return.

How long we keep personal data

Petals & Pixels will not keep your personal data longer than strictly necessary to realise the purposes for which your data is collected. We use the following retention periods for the following (categories) of personal data:

  • 7 years: For tax purposes, I have to keep your data for 7 years.
  • 2 years: Inactive customer accounts and inactive newsletter subscribers
  • 4 weeks: Motivation letters and Curriculum Vitae (CV) from job applicants

Sharing personal data with third parties

Petals & Pixels shares your personal data with various third parties as necessary to execute the agreement and to comply with any legal obligation. With companies that process your data on our behalf, we conclude a processing agreement to ensure the same level of security and confidentiality of your data. Petals & Pixels remains responsible for this processing. In addition, Petals & Pixels provides your personal data to other third parties. We only do this with your express permission.

Dubsado: CRM system. Incoming forms and customer portal.
Moneybird: Accounting program, customer data and pay invoices online.
Kit: Newsletters, only if you subscribe, contact will be created.

 

Cookies, or similar techniques, that we use

Petals & Pixels uses only technical and functional cookies. And analytical cookies that do not invade your privacy. A cookie is a small text file that is stored on your computer, tablet or smartphone the first time you visit this website. The cookies we use are necessary for the technical operation of the website and your ease of use. They ensure that the website works properly and, for example, remember your preferences. They also allow us to optimise our website. You can opt out of cookies by configuring your internet browser to stop storing cookies. You can also delete any information previously stored via your browser settings.

On your first visit to our website, we have already informed you about these cookies and asked your permission to set them.

You can opt out of cookies by configuring your internet browser to stop storing cookies. You can also delete any information previously stored via your browser settings.

For an explanation, see: https://veiliginternetten.nl/themes/situatie/cookies-wat-zijn-het-en-wat-doe-ik-ermee/

Viewing, correcting or deleting data

You have the right to view, correct or delete your personal data.In addition, you have the right to withdraw your possible consent for data processing or object to the processing of your personal data by Petals & Pixels and you have the right to data portability.This means you can submit a request to us to send the personal data we hold on you in a computer file to you or another organisation named by you.

You can send a request for inspection, correction, deletion, data transfer of your personal data or a request to withdraw your consent or object to the processing of your personal data to arina@petals-pixels.com.

To make sure that the request for inspection is made by you, we ask you to send a copy of your proof of identity with the request. In this copy, erase your passport photo, MRZ (machine readable zone, the strip with numbers at the bottom of the passport), passport number and Citizen Service Number (BSN). This is to protect your privacy. We will respond to your request as soon as possible, but within four weeks .

Petals & Pixels would also like to inform you that you have the option to file a complaint with the national regulator, the Personal Data Authority. You can do so via the following link: https://autoriteitpersoonsgegevens.nl/nl/contact-met-de-autoriteit-persoonsgegevens/tip-ons

How we secure personal data

Petals & Pixels takes the protection of your data seriously and takes appropriate measures to counter abuse, loss, unauthorised access, unwanted disclosure and unauthorised modification. If you feel that your data is not properly secured or there are indications of misuse, please contact our customer service or via arina@petals-pixels.com.

Terms & Conditions

Article 1: About Petals & Pixels

Petals & Pixels is a one-woman business, located at the Doctor Ingenieur Ross van Lennepstraat 7 in Heerlen. The owner of Petals & Pixels is me, Arina van der Vlies.
Petals & Pixels is a young and creative design agency that loves to work for your business. I help enthusiastic female entrepreneurs bring their story to life through graphic design. This creates connection with your customers and contributes to brand awareness. In addition to logo and corporate identity designs, Petals & Pixels also offers web design and other graphic design services.

I like to think along with you and go the extra mile to make sure you are satisfied with the end result.

My website can be found at: www.petals-pixels.nl
You can reach me through the following channels:

  • Email: arina@petals-pixels.com
  • Contact form on my website
  • Instagram: arina.petalspixels
  • Chamber of Commerce number: 96513381
  • VAT number: NL002999288B29

Article 2: Definitions

In these general terms and conditions, some terms appear frequently. Below you will find the explanation of these terms:

  • By the terms I and my I mean Petals & Pixels, as described in Article 1 of these terms and conditions. I am the party using these terms and conditions.
  • By the terms you, your, and you’re I mean the other party, the legal or natural person, acting from business or profession, to whom I make an offer and/or with whom I enter into or wish to enter into an agreement.
  • The term parties refers to both you (the client) and me (the design agency).
  • By a day we mean a working day, not a calendar day.
  • When I refer to a service, I mean an assignment; a VIP-day; any activity to be performed or carried out by me based on an agreement.
  • Written means on paper as well as email and via chat/WhatsApp/other written means of communication.

Article 3: Applicability

These general conditions apply to all my offers, quotations and all agreements I enter into with you. Even if there is additional work or a follow-up assignment, these terms and conditions remain applicable. Even if I use the services of third parties for the execution of an agreement, these terms and conditions remain relevant.

Deviations from these terms and conditions can only be agreed upon if both parties explicitly and in writing. If I make agreements with you that deviate from these terms and conditions, this deviation only applies to the agreement in question. Therefore, you cannot invoke that deviation in other (future) agreements.

I have the right to change or supplement my terms and conditions unilaterally. I can always make minor changes or additions. With drastic changes, which are demonstrably disadvantageous for you, I will first consult with you.

Your (general) conditions do not apply to agreements you enter into with me.
If one or more provisions of these general terms and conditions are at any time partially or fully void or destroyed, the remaining provisions will remain in full force. The parties will mutually agree on new provisions to replace the void or nullified provisions. The purpose and purport of the original provisions will be observed as much as possible.

Article 4: Proposals, agreement and confirmation

  • In principle, I do not charge a fee for preparing an offer.
    All my proposals are without engagement, unless I explicitly state otherwise in the quotation.
    When my offer contains an offer without engagement and you accept this offer, I have the right to withdraw this offer within 5 days after your acceptance.
  • All offers are valid for 30 days unless otherwise specified in the offer. If an offer is valid for a certain period of time or if there are conditions attached, I will mention this explicitly in the offer.
  • If I prepare a composite proposal for you, I am not obliged to perform only part of the assignment if you accept only that part. By a composite proposal I mean a proposal in which I offer several services in one proposal.
  • In case of an obvious error or mistake in my proposal, I am not bound by this offer.
  • Proposals do not automatically apply to future agreements you enter into with me.
  • An agreement is concluded as soon as you have accepted my offer in writing and fulfilled any conditions. I will send you a confirmation of this by e-mail. The agreement is not concluded if I withdraw it after your acceptance.
  • My offers are based on the information you provide me. It is therefore your responsibility to share all relevant information with me. If you fail to do so and it turns out that the proposal does not cover all the necessary work, this extra work will be charged as extra work.
  • In some cases, for example in case of urgency, you may not receive an offer, but I will start work anyway. In that case, the agreement comes into effect as soon as I start performing the work, and the costs will be charged to you based on my hourly rate.

Article 5: Execution of the agreement

  • I will start executing the agreement as soon as I have received the written order confirmation and, your (down)payment.
  • I will execute the agreement to the best of my knowledge and ability, according to the requirements of good craftsmanship. I have the freedom to shape the assignment as I see fit.
  • In the execution of the agreement I make use of (the services of) third parties.
  • To properly execute the agreement, I need certain data, documents, materials and/or information from you. I will timely inform you about what I need. However, it remains your responsibility to provide these data to me in a timely manner if it is clear that I need them for the execution of the agreement. If you do not provide this data in time, I have the right to suspend the execution of the agreement and/or pass on to you the additional costs resulting from the delay.
  • If the agreement lends itself to it, I may divide execution into phases. Each phase must be approved by you. After I receive written approval of a phase, I proceed with the next phase. If I do not receive notice within seven days of a completed phase, it is automatically approved. If you do not approve a phase, you must notify me in writing within seven days, with a detailed explanation. I will then, if possible, make the necessary corrections in accordance with the provisions of Article 6.
  • The agreement is executed exclusively for your benefit. Third parties cannot derive any rights from the content of the work performed by me, regardless of the title under which it is done.

Article 6: VIP Days

During a VIP day I agree to spend up to 7 hours on assignments to be determined by you, as well as 1 hour for an exploration call, 1 hour for revisions after the VIP day and 30 days of email and messaging support after the service.

You understands that you are paying for my time during the VIP day and not for the designs to be delivered in this day. I do my very best to take your wishes into consideration, but I cannot guarantee your 100% satisfaction. After all, taste is always subjective. Therefore, a refund is not possible. However, I will always keep thinking and try to solve it.

Work is performed in my office. The priority and scheduling of the work are at your discretion. Work normally takes place on weekdays between 9 a.m. and 5 p.m.. In case of time zone differences, we will find an appropriate schedule.

During the 30 days of post-intensive support, you will be able to email or message me with any questions or concerns about the work that was performed during the VIP-day, and will receive a reply via email, message or video tutorials. This support period does not include additional design or website work that exceeds what was done during the intensive.  If you have additional work that needs to be performed, you will have the option to book another day or a half-day.

Article 7: Correction rounds, extra work and result

Correction Rounds

During the execution of the agreement I will, if applicable, provide you with a draft version of the result. From that moment you have the opportunity to make corrections. Unless otherwise agreed in writing, there will be a maximum of three correction rounds. If you require more correction rounds, these will be charged as extra work.

Additional work

Additional work can also arise due to circumstances or facts that were not known when the agreement was concluded. In addition, additional work can arise if you have not provided the necessary data, documents, materials and/or information as described in Article 5 on time. Additional services or work you request may also result in additional work. Additional work is usually calculated on the basis of a fixed hourly rate, unless otherwise agreed.

If you have accepted the result and later wish to make changes, this work will be considered additional work and you will have the option to book another VIP day or half a VIP day to have this done.

Accepting results and problem solving

After executing the agreement, I deliver the result to you. I will do my best to take into account your specific wishes, but I cannot guarantee that the result will fully satisfy your taste, as taste is subjective.

After execution of the agreement, you sign a delivery agreement in which you agree to the delivered result. You have seven days to check the result and, if applicable, to test whether it meets the agreement. If there are any defects, you must notify me immediately in writing so that I can correct it. However, this does not apply to delivered printed matter. If I do not receive notification within seven days, and you have not yet signed, the result is considered accepted.

If I have developed a website for your company, you can report any non-visible defects up to seven days after delivery. You do this by reporting the defect in writing, with a detailed description. I will investigate the cause of the defect, and if the defect is due to me, I will fix it free of charge.

Support

After the VIP day you will get support for 30 days for questions about the work performed during the service, or questions about its use. You will receive answers to these by email, message or video tutorials. This support period does not include any additional design or website work beyond what was done during the VIP day. This support period is not meant for troubleshooting as in the 7 days after delivery.

Article 8: Printed matter

If I do your printing, you will first receive a draft version from me. It is your responsibility to check this draft carefully for any inaccuracies. As soon as I receive your approval, I will pass the order on to the printer on duty. Printed matter already delivered cannot be returned. You are also not entitled to a refund if, despite your careful checking, there are errors in the printed matter.

If I need to revise the draft for a new print run, this will be considered additional work.

Article 9: Execution periods

If I agree on specific execution periods, they are always indicative.
An agreed execution period only starts to run as soon as:

  • I have received all necessary data, documents, materials and/or information from you for the execution of the agreement and/or;
  • if applicable, I have received your payment into my account and/or;
  • you have fulfilled other conditions.

Until that moment I have the right to suspend the execution of the agreement. If this results in costs, I will charge these to you based on the applicable hourly rate excluding VAT.

Article 10: Prices and payment

Unless explicitly stated otherwise, all prices are exclusive of:

  • VAT;
  • Other government levies;
  • any costs I incur in carrying out the assignment.

I reserve the right to adjust my prices on an interim basis. I will inform you about this in advance. If you do not agree with the price change, you have the right to dissolve the agreement in writing. In that case I will charge you for the services and/or labor already performed at the old hourly rate until receipt of the dissolution.
My invoices are sent to you digitally.

If we have agreed on an advance payment with you, I will only start executing the agreement once I have received the advance payment. Paid advances are deducted from the final invoice.

A 50% deposit will be paid 6 days after booking and is non-refundable in the event the client cancels the project, 50% needs to be be paid 24 hours before your VIP-day starts. I will not start your VIP-day if payment is not complete.

For fixed subscription services, you will receive an invoice from me every month, which you must pay in advance.

A deposit of 50% of the sum shall be paid within 24 hours of signing the contract and is non-refundable if you cancel the contract. The remaining 50% must be paid no later than 24 hours before the start of your VIP day. If payment is not made in full by your VIP day, I will not begin work on your design.

A VIP day purchase is non-refundable, but may be rescheduled to another date or service with 7 days prior written notice.

Your deposit is valid for 90 days and must be used within that time frame. In case the appointment does not take place within 90 days, or if you do not request a new date at least 7 days before the booked appointment, the deposit will be lost and the appointment will be terminated. If you wish to make a new appointment after 90 days, the original deposit may, at the discretion of me, be applied to a new booking at the current VIP Day rate, which may or may not be higher than the original booking rate.

If we agree that you pay in arrears, a payment term of 8 days after the invoice date applies, unless otherwise agreed. The full amount, including VAT, must be transferred to my bank account within the payment term.

If you do not pay on time, I will point this out to you and you will get another 14 days to fulfill your payment obligation. If you have not paid after this period, you owe me legal interest on the outstanding amount until the moment of payment. I can also charge you the extrajudicial collection costs, which will be a maximum of:

  • 15% over outstanding amounts up to € 2500,00;
  • 10% over the next € 2500,00;
  • 5% over the next € 5000,00; with a minimum of € 40,00.

Article 11: Intellectual property rights.

Intellectual property rights refer to the rights vested in a work as defined in Article 10 of the Copyright Act. These rights protect the creator of the work from unauthorized use, copying or exploitation by others without permission.

All intellectual property rights arising from the agreement belong to me or my licensors. This includes unimplemented concepts and/or proposals. Thus, you may not reproduce, disclose, edit or modify the work without my written permission unless we have expressly agreed to do so.
Intellectual property rights that already belonged to you before the conclusion of the agreement remain yours. This applies, for example, to photographs you have taken yourself. Intellectual property rights that already belonged to third parties before the conclusion of the agreement remain yours. This applies, for example, to photographs taken by others.

If you provide me with certain data, documents, materials and/or information, it is your responsibility to ensure that you always have a valid license to use them. You indemnify me against any claims relating to the aforementioned data, documents, materials and/or information.
Doing research by me into the existence of intellectual property rights with respect to materials provided by you is not part of the agreement.

Unless the work does not lend itself to this, I have the right to mention or remove my name on or near the work (or have it mentioned).

For any infringement of intellectual property rights, I will charge three times the usual fee (for the use in question), while retaining the right to claim compensation for other damages, including direct and indirect damages and actual judicial and extrajudicial costs.

Screenshots of designs I made for you can be used in my portfolio. I will ask you for a testimonial about the project for publicity and promotion of my company. You authorize me to use your name, brief biographical information and the written or recorded statements.

 

Article 12: Licenses

When you have fully fulfilled your obligations under the agreement, you will be granted a non-transferable, non-exclusive license to use the result according to the terms of the agreement, unless otherwise agreed upon in writing.The source files remain the property of Petals & Pixels, unless expressly agreed otherwise.

Fonts that are used in your branding need to be licensed separately. You will be provided with links to websites to buy the correct license.
Free stock images that are used in your project may not be downloaded and used elsewhere, unless otherwise stated. Stock pictures bought via an add-on pack are owned by you and can be used how you wish.

Article 13: Guarantees

I guarantee that my products and/or services comply with the agreement, the specifications stated in the offer, and the reasonable requirements of soundness and usability, as well as the legal provisions and government regulations applicable at the time of the conclusion of the agreement.

I will ensure that your website is delivered in accordance with the specifications, but cannot guarantee that the website will always work optimally with other versions of web and internet browsers, or with other types of software and/or peripherals.

I make no warranty on third-party products or services, even if provided through me.

I guarantee that the result provided by me does not infringe the intellectual property rights of third parties, as described in Article 10. In case of infringement, I will remove and/or modify the infringing parts so that the use of the result is no longer infringing. This guarantee expires when you yourself carry out adjustments or removals to the work or have them carried out.

Article 14: Liability

I am liable only in the cases and under the conditions described in this article.

I am only liable for an attributable failure in the performance of the agreement if you give me immediate, proper and written notice of default and allow me a reasonable period of time to remedy the failure. If I still fail to perform after this period, I will be liable.

I am not liable for the following:

  • errors or deficiencies in the information, data or materials you have prescribed or provided to me;
  • misunderstandings, errors or shortcomings in the execution of the agreement if they are caused by your actions;
  • errors or shortcomings caused by third parties engaged by you;
  • errors or shortcomings due to overdue maintenance;
  • errors or shortcomings caused by you or third parties making changes to the result;
  • linguistic and/or grammatical errors in the result;
  • linguistic and/or grammatical errors in printed matter that you have received and approved in advance for checking;
  • damage due to unauthorized access by third parties (hacking);
  • disappointing results based on advice provided by me.

Except in cases of intent or gross negligence on my part, liability for damages is limited to the price agreed upon under the agreement. For fixed-term contracts, liability is limited at most to the price agreed for the three months prior to the event causing damage.

My liability is limited to direct damages attributable to me. I am not liable for indirect damages, such as consequential damages, lost profits, lost savings or damages due to business interruption. Any liability expires after one year from the completion of the agreement.

After completion of the assignment, I have no obligation to retain the materials and data used.
You indemnify me against all third-party claims, including reasonable costs of legal assistance, arising from the agreement between you and me, unless there is intent or gross negligence on my part.

Shortcomings in the execution of the agreement cannot be attributed to me if they are the result of force majeure, as described in Article 14.

Article 15: Force majeure

In case of force majeure on my part, I have the right to temporarily suspend the execution of the agreement. I will timely inform you in writing of the force majeure situation. If fulfillment due to force majeure is impossible for more than one month, or appears to be permanently impossible, the agreement can be dissolved by both you and me. In this case I will invoice you for the services and/or labor already performed up to the moment of dissolution. You are in that case not entitled to any form of additional compensation.

Article 16: Suspension, termination and dissolution of the agreement

I can suspend or dissolve the agreement with immediate effect if:

  • you do not, not fully, or not timely fulfill your obligations under the agreement;
  • after the conclusion of the agreement I become aware of circumstances which give me good reason to fear that you will not fulfill your obligations;
  • due to delay on your part, it is no longer possible for me to continue to execute the agreement against the originally agreed conditions;
  • circumstances arise that make the execution of the agreement impossible.

If I am able to attribute the suspension or dissolution to you, I will be entitled to recover from you the damage I suffer as a result.

If the suspension or dissolution cannot be attributed to you, and if I have not yet performed any work, but you have in the meantime made a payment, I will refund this payment to your account within ten (10) days. However, if work has already been performed by me, I retain the right to charge you for this work based on the number of hours worked and the applicable hourly rate. If you have made a payment, it will be deducted from the invoice. If a balance remains in your favor, it will be transferred to your account within ten (10) days.

In case of liquidation, a request for suspension of payment or bankruptcy, seizure on your part, or if you can no longer dispose freely of your assets (e.g. by debt restructuring), I am free to terminate the agreement with immediate effect. I will not owe you any compensation in this case. Any claims I may have against you shall become due and payable immediately in such cases.

When I regularly perform similar work for you, we speak of a continuing agreement, unless otherwise agreed in writing. A continuing performance contract can only be terminated by you in writing, provided you give me reasonable notice of one (1) month. During this month you are obliged to purchase the usual amount of work, or I will be financially compensated. This compensation amounts to one time the average (monthly) invoice amount.

If you have confirmed the offer in writing, have paid the (down)payment and wish to cancel the agreement in whole or in part within five (5) working days after confirmation, you will be charged for services already rendered, including any purchase or delivery costs. The costs will be calculated based on the number of hours worked and the applicable hourly rate. Once you have ordered printed materials and the order has been submitted, cancellation is no longer possible after your written confirmation.

If the agreement is dissolved and you have already received (interim) results, you are not allowed to use these results, unless I have received financial compensation for the interim results and I give you written permission to use them.

 

Article 17: Modifying the agreement.

The contract may be amended, but only with my consent. I have the right to refuse a request for modification without being in default or losing my right to payment for work performed.
If a change is attributable to me, I will not charge the additional cost of this change.
If during the execution of the agreement facts or circumstances become known that make the execution difficult or impossible, I may modify the content of the agreement so that I can still execute the agreement. If this involves extra work, the extra costs will be charged to you based on the applicable hourly rate.
I also have the right to dissolve the agreement and charge you for the work already done.
If you do not agree with the change, you have the right to dissolve the agreement in writing. In that case the work already done will be charged to you up to the moment of receipt of the dissolution.

Article 18: Secrecy

If during the execution of the agreement I learn of confidential information from you, I may not disclose this information in any way to third parties, unless a legal requirement or court order requires it.

I retain the right to use the knowledge I gain during the execution of the agreement for other clients, but I will not share your confidential information with third parties.
The duty of confidentiality remains after termination of the agreement as long as the information remains confidential.

The confidentiality obligation also applies to my employees and any third parties engaged.
I may use the result of the agreement for promotional purposes, but confidential information will not be shared.

Article 19: Complaints

If you have a complaint about the execution of the agreement, of course I am sorry.
It is your responsibility to submit a complaint in writing to me within a reasonable time after you have found a defect. The complaint must be fully and clearly described.

I will respond within 14 days of receiving your complaint.

You must give me at least four (4) weeks to resolve the complaint by mutual agreement. After this four-week period, a dispute may arise.

Article 20: Privacy policy

I value your privacy and will handle your data with care. You can read how I do this in my privacy statement on my website.

Your data will only be stored and used for the execution of the agreement.

Article 21: Disputes

On agreements between you and me to which these general conditions apply, only Dutch law applies. The law determines which court has jurisdiction to hear a dispute.

Petals & Pixels, General Terms and Conditions, Maart 2025.

These terms and conditions were automatically translated from Dutch by Deepl. Translation errors reserved.