Terms and Conditions for the Sale of Digital Photo
Presets
1. Definitions
Seller: Marie Chérie
Customer: The natural person or legal entity purchasing digital presets from the Seller.
Presets: Digital photo editing files, filters, and/or settings offered and sold by the Seller through the webshop.
Agreement: The purchase agreement between Seller and Customer concerning the sale of Presets.
2. Applicability
These terms and conditions apply to all offers, orders, and agreements between Seller and Customer related to the sale of Presets, unless otherwise agreed in writing.
Deviations from these terms are only valid if explicitly confirmed in writing by the Seller.
3. Offers and Orders
All offers by the Seller are non-binding and subject to availability.
An order is concluded once the Customer places an order via the webshop and the Seller confirms the order in writing or by email.
Seller reserves the right to refuse orders without stating reasons.
4. Prices and Payment
The listed prices include VAT unless otherwise stated.
Seller reserves the right to change prices without prior notice.
Payment must be made in full and in advance using the payment methods offered on
the webshop.
The Customer is responsible for providing correct payment information.
5. Delivery
After successful payment, the Preset will be delivered digitally via a download link or other electronic method.
Delivery usually takes place within 24 hours after receipt of payment.
Seller is not liable for delays or issues in delivery caused by technical problems on the Customer’s side or their internet provider.
6. Intellectual Property and License
All rights to the Presets, including copyrights and other intellectual property rights, remain with the Seller at all times.
The Customer receives a non-exclusive, non-transferable, personal license to use the Presets.
The Customer may use the Presets for both personal and commercial purposes, such as editing photos for assignments and selling the edited photos to third parties.
However, it is not permitted to sell, distribute, copy, modify, or otherwise make the Presets publicly available without explicit written permission from the Seller.
The Customer is not allowed to reverse engineer, decompile, or otherwise alter the Presets.
7. Warranty and Liability
The Seller delivers the Presets “as is” without any guarantees regarding suitability for a specific purpose.
The Seller is not liable for any direct or indirect damages, consequential damages, lost profits, or data loss resulting from the use of the Presets.
The Seller is not liable for any incompatibility of the Presets with the Customer’s software or equipment.
The Seller is not liable for errors or delays beyond their control (force majeure).
8. Complaints and Right of Withdrawal
Complaints about the Presets must be submitted in writing within 7 days after receipt via the Seller’s contact form or email address.
Due to the digital nature of the product, the Preset cannot be returned or exchanged.
If a download link does not function, the Seller will reasonably provide a new link.
9. Privacy
The Seller processes personal data of Customers in accordance with the General Data Protection Regulation (GDPR).
Personal data is used solely for processing the order and is not shared with third parties unless necessary for executing the agreement.
For more information, please refer to the Privacy Policy on our website.
10. Miscellaneous
All agreements are governed by Dutch law.
Disputes will be submitted to the competent court in the district where the Seller is established, unless mandatory law provides otherwise.
If any provision of these terms and conditions is invalid or voidable, the remaining provisions remain fully effective.
The Seller reserves the right to modify these terms and conditions. Changes will be announced timely on the website.