1. Definitions

​In these General Terms and Conditions, the following definitions apply:

1. Atelier Wander: the organization for abstract and figurative art, illustrations, and related services of Astrid Brantjes.

2. The Client: the person(s) who has or have entered into an agreement with Atelier Wander.

3. The Agreement: the arrangements agreed upon in writing by Atelier Wander and the client for the performance of the assignment, as well as the acceptance of the terms under which the assignment will be executed.

4. The Assignment: the work to be carried out by Atelier Wander on behalf of the client under the conditions agreed upon in the quotation.

2.  Agreement, quotation and confirmation 

1. ​These General Terms and Conditions apply to all quotations, as well as to the formation, content, and performance of all agreements concluded between the client and Atelier Wander. Deviations from these General Terms and Conditions can only be agreed upon in writing between the client and Atelier Wander.

2. The client’s General Terms and Conditions are explicitly rejected.

3. All quotations from Atelier Wander are without obligation and are valid for 14 days. Price quotes may be subject to change due to unforeseen modifications in the work. Prices are exclusive of VAT. The stated rates and offers do not automatically apply to future assignments. The client is responsible for the accuracy and completeness of the information provided to Atelier Wander, on which Atelier Wander bases the quotation.

4. Assignments must be confirmed in writing by the client. If the client fails to do so but nevertheless agrees that Atelier Wander begins performing the assignment, the content of the quotation shall be deemed agreed upon, and these General Terms and Conditions shall apply. Other verbal agreements shall only bind Atelier Wander to the assignment once they have been confirmed in writing by Atelier Wander.

3. Execution

1. ​Atelier Wander shall strive to carry out the assignment carefully and independently, to safeguard the client’s interests to the best of its ability, and to aim for a result that is useful to the client.

2. The Client shall do everything that is reasonably necessary or desirable to enable timely and proper delivery by Atelier Wander. This includes timely providing—or ensuring the provision of—complete, accurate, and clear information or documents that Atelier Wander indicates, or that the client understands or reasonably should understand, are necessary for the performance of the assignment and agreement.

3. If clause 3.2 of this article is not complied with, Atelier Wander is entitled to suspend or terminate its work for the client. In such a case, Atelier Wander retains the right to charge the client for the costs incurred according to its usual rates.

4. Any timeframe provided by Atelier Wander for performing the assignment is indicative, unless otherwise agreed upon in writing.

5. If the client does not respond substantively in a timely manner—that is, within 5 working days after a draft or advice has been delivered for which client approval or input is required—the delivery period will be delayed. If the execution of the assignment is delayed for any reason other than the one mentioned above, the client will be notified in writing as soon as possible.

6. Before execution, production, or publication takes place, the client and Atelier Wander shall have the opportunity to review and approve the final designs of the end product.

7. Deviations in the (final) result from what was agreed upon do not constitute grounds for rejection, discount, compensation, or termination of the agreement, provided that, all circumstances considered, these deviations are reasonably minor.

8. The client must report any defects in the (completed) work to Atelier Wander in writing, with reasons, within a reasonable period and no later than 14 days after the client has discovered, or reasonably should have discovered, them.

9. Any complaints must be submitted by the client in writing within a reasonable period, and in any case no later than 14 days after their occurrence or the completion of the assignment, via atelierwander@gmail.com. Atelier Wander undertakes to handle complaints as soon as possible, and in any case within 14 days of receipt, and to inform the client accordingly.

4. The engagement of third parties

1. ​Atelier Wander is entitled to engage third parties for the execution of the assignment.

2. If, at the client’s request, Atelier Wander prepares an estimate of costs charged by third parties, such estimate shall be indicative only. If desired, Atelier Wander may request quotations from third parties on behalf of the client.

3. If, in the execution of the assignment, Atelier Wander, by explicit agreement, procures goods or services from third parties at its own expense and risk and subsequently passes these goods or services on to the client, the provisions of the general terms and conditions of and/or separate agreements with the relevant third party shall apply with regard to warranty and liability.

4. If Atelier Wander, whether or not in the name of the client, issues instructions or orders to third parties, the client shall, at the request of Atelier Wander, confirm in writing the approval referred to in Article 3.5 of these General Terms and Conditions.

5. The client shall not engage third parties without prior consultation with Atelier Wander if this may affect the execution of the assignment as agreed with Atelier Wander. In such cases, the client and Atelier Wander shall consult on which other contractors will be engaged and which activities will be assigned to them.

6. Atelier Wander shall not be liable for errors or defects in products or services provided by third parties engaged by or on behalf of the client, regardless of whether such third parties were introduced by Atelier Wander. The client shall address such parties directly. Atelier Wander may, if desired, provide support in this process.

5.  Intellectual property and ownership rights 

1. ​All intellectual property rights arising from the assignment—including patent rights, trademark rights, design rights, and copyrights—on the results of the performed assignment and the associated documents provided by Atelier Wander shall belong to Atelier Wander. Insofar as such a right can only be obtained through filing or registration, only Atelier Wander is authorized to do so, unless otherwise agreed.

2. The client is expressly not permitted, beyond this usage right, to directly or indirectly reproduce, forward, disclose, and/or offer to third parties products related to the assignment—such as a service, document, or product of Atelier Wander, including advice, strategies, concepts, and/or designs.

3. The client and Atelier Wander may agree that the rights referred to in clause 5.1 are wholly or partially transferred to the client. This transfer, and any conditions under which the transfer takes place, shall always be recorded in writing. Until the moment of transfer, a usage right is granted as regulated in article 6 “Use of the Result” of these General Terms and Conditions.

4. Atelier Wander always has the right to have its name mentioned or removed on, with, or in publicity surrounding the result of the assignment—in the manner customary for that result. The client is not permitted to publicly disclose or reproduce the result without mentioning Atelier Wander’s name without prior written consent from Atelier Wander.

5. Unless otherwise agreed, the results created by Atelier Wander in the context of the assignment—including (originals of) designs, design sketches, concepts, advice, reports, budgets, estimates, specifications, working drawings, illustrations, photos, prototypes, models, molds, (partial) products, (audio and video) presentations, and other materials or (electronic) files—remain the property of Atelier Wander, regardless of whether they have been made available to the client or third parties.

6. After completion of the assignment, neither the client nor Atelier Wander has any obligation to retain the materials and data used, unless otherwise agreed.

6. Use of the result

1. ​When the client fully complies with their obligations under the agreement with Atelier Wander, they acquire the right to use the result of the assignment in accordance with the agreed purpose. The right of use is exclusive, unless otherwise agreed.

2. If the result also relates to works on which third-party rights exist, the parties shall make additional arrangements regarding how the use of these works will be regulated.

3. Without written consent, the client does not have the right to modify the result of the assignment—nor to remove any trademark or recognition marks and/or any indications of copyright—to alter it, or to use or execute it in any other manner than agreed, nor to have this done by third parties.

4. Atelier Wander may attach conditions to this consent, including the payment of a fee. The client is not authorized to cause any damage to or derive undue benefit from the reputation of Atelier Wander’s intellectual property rights.

5. In the case of unauthorized use—as referred to in clause 6.3, including modification, mutilation, or impairment of the preliminary or final result—Atelier Wander is entitled to compensation for infringement of its rights of at least three times the agreed fee, or a fee reasonably proportionate to the infringement, without prejudice to any other rights.

The client is no longer permitted to use the provided results, and any right of use granted in the context of the assignment shall lapse if:

• The client fails to fulfill their (payment) obligations under the agreement, or otherwise defaults.

• The assignment is prematurely terminated by the client or Atelier Wander for reasons stated in article 9 of these General Terms and Conditions.

• In the event of the client’s bankruptcy, unless the relevant rights have been transferred to the client in accordance with clause 5.3 of these General Terms and Conditions.

1. Atelier Wander, taking into account the interests of the client, is free to use the results for its own (online) publicity, acquisition of assignments, promotion—including competitions and exhibitions—and to borrow physical results where applicable. The client grants Atelier Wander the right in advance to include the delivered work in its portfolio. If this is not desired, the client must notify this in writing before approving the quotation.

7. Fees and costs

1. ​Atelier Wander is entitled to a fee for the execution of the assignment. This fee may consist of an hourly rate, a consultancy fee, a fixed amount, whether or not related to the total project value, or any other form of remuneration agreed upon between the client and Atelier Wander. The amount of this fee is stated in Atelier Wander’s quotation.

2. If Atelier Wander applies hourly rates, it may, where possible, provide an advance estimate of the number of hours required. Such an estimate is expressly indicative and may never be interpreted as a fixed or guaranteed number of hours. The client may not derive any rights from such estimates.

3. In addition to the agreed fee, the costs incurred by Atelier Wander in the execution of the assignment shall also be eligible for reimbursement. These costs may include, but are not limited to, office overhead, travel and accommodation expenses, costs for prints, copies, (print) proofs, prototypes, and costs charged by third parties for advice, production and supervision. Such costs shall be specified in advance as far as possible.

4. If Atelier Wander is required to perform additional or different work due to the client’s failure to provide complete, proper and clear information or materials in a timely manner, or due to a changed or incorrect assignment or briefing, or as a result of external circumstances, such work shall be charged separately. These additional activities shall be calculated on the basis of the standard rates customarily applied by Atelier Wander. Atelier Wander shall inform the client thereof in advance, unless this is not reasonably possible or the nature of the work does not allow for delay.

5. If the execution of the assignment is delayed or interrupted due to circumstances that cannot be attributed to Atelier Wander, the client shall be obliged to compensate any costs incurred as a result. Atelier Wander shall make reasonable efforts to limit such costs.

6. Atelier Wander reserves the right to carry out or address any adjustments, additions and/or questions arising from the complaints referred to in Article 3.10 that are received after the period specified in Article 3.10, at the standard hourly rate as stated in the quotation.

8. Payment and suspension 

1. ​All payments must be made without deduction, set-off, or suspension and within 14 days of the invoice date, unless otherwise agreed in writing or stated differently on the invoice.

2. By approving the quotation, the client is deemed to pay a deposit of 30%. Atelier Wander will only commence the execution of the agreement once this deposit has been fully paid. If the client fails to make this payment on time, Atelier Wander is entitled to terminate the agreement.

3. All items delivered to the client remain the property of Atelier Wander until all amounts owed by the client to Atelier Wander under the agreement between the parties have been fully paid.

4. The client is not considered in default after the expiry of the payment term, but is immediately in default. As a result of being in default, the client owes statutory interest on the invoice amount to Atelier Wander from the invoice due date. If the client does not pay the amount due within 5 days after Atelier Wander has sent a reminder, the client shall owe statutory interest and extrajudicial collection costs, which amount to 15% of the first €2,500 excluding VAT.

5. Atelier Wander ensures timely invoicing. In consultation with the client, Atelier Wander may charge the agreed fee and costs as an advance, interim, or periodic payment.

6. Atelier Wander may suspend the execution of the assignment once the payment term has expired and if the client has not paid within 5 days after a written reminder. The assignment will also be suspended if Atelier Wander, due to a statement or behavior of the client, must understand that payment will not be made.

7. Objections to the amount of the invoice do not suspend the client’s obligation to pay.

9. Termination and dissolution of the agreement

1. ​The client may cancel the agreement if Atelier Wander has not yet commenced work on the execution of the agreement. The obligation to pay a 50% deposit remains and will not be refunded.

2. If the client terminates the agreement without there being any attributable shortcoming by Atelier Wander, or if Atelier Wander terminates the agreement due to a attributable breach of the agreement by the client, the client shall owe, in addition to the fee and incurred costs related to the work performed up to that point, compensation for damages, including loss of profit and consequential damages.

3. Both Atelier Wander and the client have the right to immediately terminate the agreement in whole or in part, and all amounts due shall become immediately payable, if a request for bankruptcy, (provisional) suspension of payments, or debt restructuring is filed against the other party.

4. If Atelier Wander’s work consists of repeatedly performing similar tasks, this constitutes a continuous agreement, unless otherwise agreed in writing. This agreement may only be terminated by written notice, observing a notice period of at least two months, during which the client shall continue to take the usual volume of work from Atelier Wander or provide financial compensation.

5. In the event of force majeure affecting Atelier Wander, Atelier Wander’s obligations shall be suspended for the duration of the force majeure situation. If the force majeure situation lasts longer than one month, both Atelier Wander and the client are entitled to terminate the agreement. In such a case, Atelier Wander shall charge for all work performed and/or costs incurred under the agreement up to the moment of force majeure. In the event of force majeure, the client has no right to any (damage) compensation.

6. Force majeure is defined as:

• Any circumstance beyond the control of Atelier Wander, which reasonably prevents it from fulfilling its obligations, regardless of whether that circumstance was foreseeable at the time of entering into the agreement.

• Situations considered under clause 9.6a include, but are not limited to: (civil) war, riots, strikes, government measures, insufficient staffing due to illness, machinery defects (including computers), technical failures, and force majeure related to the loss of data in the broadest sense of the word.

10. Warranties and indemnification

1. ​Atelier Wander guarantees that the delivered final product has been designed by it and that, if copyright applies to the result, it qualifies as the creator within the meaning of the Copyright Act and can exercise copyright ownership over the work. Atelier Wander guarantees that, to the best of its knowledge or what it reasonably ought to know at the time of creation, the result of the assignment does not infringe on third-party rights or is otherwise unlawful.

2. When the client uses the results of the assignment, the client shall indemnify Atelier Wander and any third parties engaged by Atelier Wander for the assignment against all claims from third parties arising from the applications or use of the result of the assignment. This does not affect Atelier Wander’s liability towards the client for non-fulfillment of the guarantees referred to in the previous clause, nor other liability as referred to in article 11 of these General Terms and Conditions.

3. The client shall indemnify Atelier Wander against claims regarding intellectual property rights on all materials and/or data provided by the client that are used in the execution of the assignment.

11. Liability

1. ​In the event of a attributable shortcoming, Atelier Wander must first be given written notice of default, providing a reasonable period to fulfill its obligations, rectify any errors, or limit or remedy any damage.

2. Atelier Wander is solely liable to the client for attributable, direct damage resulting from serious shortcomings in the performance of its work, insofar as these are the result of failing to exercise the care, expertise, and craftsmanship that can reasonably be expected in the execution of the assignment.

3. Atelier Wander’s liability for indirect damage, including consequential damage, lost profits, missed savings, mutilated or lost data or materials, or damage due to business interruption, is excluded.

4. Atelier Wander is not liable for damage caused by information and/or materials provided by the client to Atelier Wander.

5. Atelier Wander is never liable for damage caused by third parties with whom it has collaborated in the context of performing its work. Atelier Wander is also never liable for damage caused by third parties with whom it has collaborated at the request or through the intervention of the client.

6. Atelier Wander is not liable for damage resulting from incomplete or incorrect information provided to Atelier Wander.

7. In the event that, notwithstanding the liability exclusions in sections 11.1 through 11.6 of this article, any liability rests on Atelier Wander, such liability shall at all times be limited to the invoice amount charged by Atelier Wander to the client under the agreement in the 6 months preceding the damaging event, provided that this amount shall never exceed the amount paid out by Atelier Wander’s liability insurance.

8. Any liability expires 2 years after the assignment has ended due to completion, termination, or dissolution.

12. Miscellaneous provisions

1. ​If the client wishes to assign the same assignment simultaneously to parties other than Atelier Wander, or has previously assigned the assignment to another party, the client shall inform the contractor of this, mentioning the names of these other parties.

2. The client is not permitted to transfer any rights under an agreement with Atelier Wander to third parties, except in the case of a transfer of the entire business or with written consent from Atelier Wander.

3. Both the client and Atelier Wander are obliged to maintain confidentiality regarding all confidential information, facts, and circumstances that come to their knowledge in the context of the assignment from each other or from other sources, which reasonably should be understood as potentially harmful to Atelier Wander or the client if disclosed or communicated to third parties, or are otherwise inherently sensitive. Third parties involved in the execution of the assignment shall be bound to the same level of confidentiality concerning such information and circumstances originating from the other party.

4. If any provision of these General Terms and Conditions is null or voided, the remaining provisions shall remain in full force. In such a case, the client and Atelier Wander shall consult with the aim of agreeing on new provisions to replace the null or voided provisions, taking into account, as much as possible, the purpose and intent of the nullified or voided provisions.

5. Dutch law applies to the agreement between Atelier Wander and the client. Both parties shall initially attempt to resolve any disputes through mutual consultation. Unless the parties have expressly agreed in writing to arbitration, the dispute shall be submitted to the competent court according to the law, or the court in the district where Atelier Wander is established—at Atelier Wander’s discretion.

6. These General Terms and Conditions remain in effect if Atelier Wander changes its name, legal form, or ownership, in whole or in part.

13. Webshop

1. ​An order is placed when a product chosen by you has been added to the shopping cart, the order including shipping costs has been confirmed, and payment has been made. Shipping costs are calculated based on the items you selected and vary depending on the size of the product. With each order, you agree to the General Terms and Conditions. All prices listed on www.atelierwander.com/shop include VAT.

2. Returns must be received by Atelier Wander within 14 days and must be free from any signs of use. The costs of returning items are always borne by the buyer.

3. Complaints will be addressed in writing within 14 days.